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CONSIDERATION OF A REQUEST TO WAIVE UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES BY RANCHO VISTA CHURCH
RESOLUTION NO. 2016-240 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WAIVER OF UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES FOR THE RANCHO VISTA COVENANT CHURCH PROJECT AT 2088 OTAY LAKES ROAD, SUITES 101 AND 201 (PCC-15-014) AND MAKING THE REQUIRED FINDINGS THEREFOR
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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and adopt the resolution.
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SUMMARY
Rancho Vista Covenant Church (Rancho Vista Church) submitted a Conditional Use Permit (CUP) application, requesting approval to relocate from temporary facilities to 2088 Otay Lakes Road, Suites 101 and 201. The CUP was approved by the Zoning Administrator on January 13, 2016. On February 1, 2016 the CUP was appealed, with the costs of processing that appeal borne by Rancho Vista Church. The appeal was subsequently withdrawn, prior to public hearing. Rancho Vista Church has requested a partial waiver of the fees assessed for processing the appeal.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not have a direct or indirect effect on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
On August 25, 2015, Rancho Vista Church applied for a CUP to establish a church at 2088 Otay Lakes Road, Suites 101 and 201. A Notice of Application (NOA) was issued on September 1, 2015 describing the proposed project. On October 15, 2015, a letter was received from attorney Benjamin Green, representing Carillo Commercial Properties, LLC, located at 2088 Otay Lakes Road, Suites 102 and 202 (the business office condominium abutting the proposed church location) requesting that the subject CUP be denied.
The City’s Zoning Administrator issued a Notice of Decision (NOD) on January 13, 2016, granting the CUP. On February 1, 2016, Frank Carillo of Carillo Commercial Properties, LLC filed an appeal of the Zoning Administrator’s decision. City staff began processing the appeal, including preparing for a public hearing of the City Council to consider the appeal. After significant staff effort, but prior to the planned public hearing, appellant Carillo withdrew the appeal.
Per the City’s Master Fee Schedule, the original applicant is responsible for all staff costs incurred processing an appeal. Rancho Vista Church submitted an initial deposit in the amount of $5,000 to fund this effort. Staff time charges incurred totaled $8,954, leaving an amount due of $3,954.
Master Fee Schedule Fee Waiver Procedures
Per Section 3.45.010(C) of the Chula Vista Municipal Code (CVMC), fees set forth in the Master Fee Schedule may be waived, in accordance with the following procedures:
1. Any person requesting an abatement of a fee herein charged shall request said abatement in writing, addressed to the waiving authority, and shall set forth herein, with specificity, the reasons for requesting said abatement of all or any portion of the fees.
2. The waiving authority shall conduct a public hearing, notice of which is not required to be published. Notice of said public hearing shall be given to the applicant and to any party or parties requesting notice of same.
3. Prior to abating all or any portion of a fee established in the master fee schedule, the waiving authority shall find a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced against, the need of the City revenue and the need for a uniform method of recovering same from those against whom it is imposed.
Section 3.45.010(D) defines the waiving authority as follows:
“Waiving authority,” as the term is used herein, shall mean the City Manager, or his designee, if the amount of such waiver is less than or equal to the greater of (1) $2,500 or (2) 25 percent of the fee imposed by the master fee schedule. If the amount of the waiver is greater than the greater of $2,500 or 25 percent of the original fee imposed by the master fee schedule, the “waiving authority,” as used herein, shall mean the City Council.
Consistent with the CVMC fee waiver provisions, Debra Farrar submitted a request for a fee waiver in the amount of $2,500 on behalf of Rancho Vista Church to City Manager Halbert on September 6, 2016 (see Attachment 1). The fee waiver request was approved in full, reducing the outstanding amount due to $1,454. Per CVMC 3.45.010(D), the City Manager’s waiver authority has been exhausted, and any additional waiver requires the action of the City Council.
At the September 13, 2016 meeting of the City Council, Chula Vista resident Debra Farrar spoke during public comments, requesting a fee waiver on behalf of Rancho Vista Church. A Council referral was made for staff to return with a future agenda item to consider waiving the fees. This staff report has been prepared in response to the referral.
The resolution, if approved, makes the required findings pursuant to the CVMC fee waiver provisions and waives a total of $1,454 in uncollected staff time reimbursements.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
Not Applicable.
CURRENT YEAR FISCAL IMPACT
If approved, the waiver would result in unreimbursed staff time charges in the Development Services Fund totaling $1,454. There is no General Fund impact.
ONGOING FISCAL IMPACT
All staff costs associated with processing the withdrawn appeal were incurred in fiscal year 2015-16. There is no ongoing fiscal impact to the General Fund or the Development Services Fund.
ATTACHMENTS
1. Farrar letter dated September, 6, 2016.
Staff Contact: Tiffany Allen, Development Services Department