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Home My WebLink About33-Development Services . -- '. .., C ~, : ~ l. ~.. iI ' . , I , ';; .~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Development Services Subject: Request for Fee Waiver- The Rock Church and World Outreach Center From: James Funk, Director Date: March 22, 2002 MlCC Meeting Date: April!, 2002 Synopsis of Previous Council Action: March 20,2002. The Ways and Means Committee recommended that a fee waiver of $20,000 be granted. Recommended Motion: That the Mayor and Common Council approve a fee waiver in the amount of $20,000 for The Rock Church and World Outreach Center. rWMvt,~~JF S. u 19nature Contact person: V~lprip r RnlOllOl Phone: ,RLl ~O~7 Supporting data attached: Staff R ~.port Ward: 1 FUNDING REQUIREMENTS: Amount: $20,000 (loss of revenue) Source: (Ace!. No.) 2470004335 (A('{"t np~{"riptl(\n) rl11tllT~l npupl1"\f'Tnpnt J{pp Finance:~/(J/A /~~ /' Council Notes: fR-.w'IXJJ~ lJ If 1M, #,!)/ Agenda Item -j 33 (/;~/!Jcr ... " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Request for Fee Waiver - The Rock Church and World Outreach Mayor and Common Council Meeting of April 1, 2002 BACKGROUND The Development/Environrnental Review Committee approved Development Permit III No. 01- 13 on August 16, 2001. The project includes a 43,345 square foot sanctuary building with an attached 15,551 square foot building to house a chapel and offices. The sanctuary will open onto a courtyard with buildings on either side. Two buildings of9, 696 square feet and 21,216 square feet will be on one side with a 37,648 square foot building on the other. These buildings will house the classrooms, bookstore, multi-purpose room, kitchen, dining room and warehouse. The project also includes a bus/truck driving school and a food distribution center. The project site is approximately 20 acres located on the east side of Waterman Avenue, south of Caroline Street. Exhibit A is the approved site plan. It is anticipated that members ofthe congregation will frequent area restaurants before or after church services. In addition, parents and/or students are likely to visit the local restaurants and businesses during the week on their way to and from school activities. The Rock also provides programs that will benefit local residents as well as members of the congregation. Total building permit fees are estimated to be $83,025.22 based on valuation of $3,844,780. Included in the building permit fee is the Cultural Development fee of approximately $39,553.94. Public Works plan check and permit fees are estimated at $83,521.49 and impact fees (traffic, sewer connection, and storm drain) are estimated at $156,359.37. The Rock anticipates that it will be ready to pay the applicable City fees and obtain site improvement and building permits this summer. Dale Chronister, Project Manager for The Rock, submitted a letter requesting that the Mayor and Common Council waive $20,000 of the estimated development-related fees. (See Exhibit B.) At the Ways and Means Committee meeting of March 20,2002, Councilmembers McCammack and McGinnis recommended that the Mayor and Common Council approve a fee waiver of $20,000. FINANCIAL IMPACT Chapter 3.13 of the Municipal Code addresses the waiver or refund of fees for charitable organizations. Applicable provisions of that chapter are summarized as follows: . .. . 3.13.020. The section requires the Development Services Department to determine the applicable plan check review, building permit, and impact fees for the approved development project. . 3.13.025. The Mayor and Common Council may waive or refund the established fees in a total amount of not to exceed twenty-five thousand dollars ($25,000) for anyone organization in any twelve month period. . 3.13.030. The provisions of Chapter 3.13 apply to all charitable non-profit organizations as long as they are not "a church, or convention or association of churches" as described in the Internal Revenue Code. Discussion The Rock paid the planning processing fees at the time of submittal of the development application. It would appear possible to interpret as not "a church, or convention or association of churches" the buildings and rooms used for classrooms, bookstore, multi-purpose room, kitchen, dining room, and warehouse. If these areas were considered "non-church" facilities, the total permit fees for these facilities are $42,629.21. Of this total, less than $800 is not attributable to City fees or services. Approximately $18,360.32 of the total is the Cultural Development fee. Regarding the administrative office building, the total building permit fees for the 13,200 square foot facility are $9,867.74. Approximately $150 is not attributable to City fees or services. The Cultural Development fee for this facility is $3,579.84. The administrative building will house offices to serve all aspects of the project, including those directly related to the church. However, it is staffs understanding that many of the employees, including the pastors, have many duties, making it difficult to assign the office space to church related vs. the other functions. Since building permit fees are based on the valuation ofthe construction, it is easier to determine the fees applicable to the different buildings/uses included in the project. Many of the Public Works fees are related to overall physical improvements, and are more difficult to separate by use. CONCLUSION The Rock Church and World Outreach Center appears to meet the criteria established in Chapter 3.13 of the Municipal Code for the multi-purpose room, warehouse, kitchen area, and classroom portions of the project. If the Mayor and Common Council desire, the request for a waiver of $20,000 may be excluded from the Cultural Development fee (Account No. 247 000 4335). If approved, The Rock's estimated Cultural Development fees would be reduced by $20,000. Exhibits: A B Site Plan Letter from The Rock Church and World Outreach Center ( "APR-1S-2082 09:06 Z I PR I CI< & CRl'Y'ER. LLP 909 793 8944 P.01/03 ZIPRICK & CRAMER, LLP 707 Brookside Avmue Redlands, California 92373-5101 TEL (909) 798-5005 FAX (909) 793-8944 **........ FACSIMILE TRANSMITTAL DATE: April 15, 2002 TO: Eileen Gomez FROM: (909) 384-5155 Robert H. Ziprick, Esq. Fax#: RE: The Rock Churc:h and World Outreach Center THE INFORMATION CONTAINED IN TRlSFACSlMlLE DOCUMENT MAY CONTAIN INFORMATION11IAT IS PRIVILEGED, CONfIDENTIAL, AND EXEMPT FROM OISCLOSURE UNDER APPLICABLE LAW, AND IS INTENDED ONLY FOR THE USE OFm!: INDMDUAL OR EN11TV NAMED ABOVE. IF THE READER or THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPWYEE OR ACENT RESPONSIBLE .'OR DELIVERlNC THE MESSAGE TO THE lNTENDED RECIPIENT, YOU ARE HEREBY NOTII1IED mAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STlUCTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE u.s. POSTAL SERVICE. THANK YOU. The following document(s) islare being transmitted to you and consist(s) ot:J..pages. including this cover page: - ~ COMMENTS: Please bring to M.. Gomez's attention as SOOD as possible. --- If you have any problems with the clarity or in receiving these documents through your facsimile, please call me at the above listed telephone number. "!bank you. 4f33 '1-/~-tJ L- _ flPR-1S-2002 09:0'7 Z I PR I CK 8. CRf't1ER, LLP 909 793 8944 P. B2/B3 ZIPRlCK & CRAMER, LLP ArrORNEYS AT lAW 707 BROOltSIDE AVENUE REDLANDS. 0. 92373-5101 PHONE: (909) 798-300$ FACSIMI\.I!: (909) 7'3-894'< April 15, 2002 Eileen Gomez Real Property Specia1ist Development Services Department Public Works Division City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 VIA FAX (909) 384-5155 AND REGULAR MAIL Re: Vacation of Waterman A venne Frontage Road Dear Ms. Gomez: As legal counsel for the Love Rock Ministries ln1emational, Inc. AlK1A The Rock Church and World 0\ltrelIcll Center, this office is authorized by the Church to provide the following assurances in support of the vacation of the Frontage Road. The Cburch has agreed that Mr. de Y ong shall be provided with an easement in perpetuity for access to his property that is adjacent to the Frontage Road across the area of the Frontage Road. Concerning the pending claim ofpR'scriptive easement of Mr. Jennings and his neighbor. Mr. Cole, across the Church property, the Church is a defendant in that litigation with both Mr. Jennings and Mr. Cole, San Bernardino Superior Court Case No. SCVSS 083364. Mediation has beelJ set for Mr. Jennings and the Church and negotiations have been onder way to resolve the matter for severa1 months. Becau.~e it is not possible to predict the tinal outcome, the Church offers the following assurance to the City: Whatever rights Jennings and Cole may (or may not) have across the Church property, thosc will be continued across the area of the Frontage Road for as long as the prescriptive easement (if any) exists. . ~. APR-15-2002 09: B'7 Z I PR I CK & CRf'V1ER. LLP 909 793 8944 P. lil3/B3 1 hope this clarifies the Church's position. but if any further c1arification or information is required. pl~e do not hesitate to let me know. Very truly yours, cc: The Rock Church and World Outreach Center TOT~ P.W