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Home My WebLink About28-Development Services c ~ '- c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Fee Waiver/Refund for Norton Space & Aeronautics Academy for the establishment of a charter school at the Mill Center, located at 503 E. Central Avenue. Dept: Development Services Date: April 14, 2008 MCC Date: April 21, 2008 Synopsis of Previous Council Action: April 9, 2008. The Ways & Means Committee recommended approval of the request for fee waivers/refunds. Recommended Motion: That the Mayor and Common Council approve the refund and waiver of development processing, permit and inspection, and development impact fees in the amounts of$10,492 (refund) and $34,773 (waiver) for the establishment of Norton Space and Aeronautics Academy and direct staff to return on June 2, 2008 with a reimbursement agreement. Yduiu (/. 7<HY Valerie C. Ross Contact person: Valerie C. Ross Phone: 5357 Supporting data attached: Staff Report I Ward: FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) N/A (Ace!. Description) N/ A Finance: Council Notes: Agenda Item No. :J.K '//;).1 JDt' - I - c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Request for waiver or refund of development processing, permit and inspection, and development impact fees for the establishment of Norton Space and Aeronautics Academy, a charter school located at the Mill Center at 503 E. Central Avenue. BACKGROUND: At their meeting of April 9, 2008, the Ways and Means Committee considered a request from NSAA to refund fees paid and waive anticipated fees related to the development of their charter school. Rick Piercy ofNSAA explained the school had received approval for Proposition ID funding and was pursuing additional funding through other sources. He was requesting assistance with the initial start-up costs. The Committee asked ifNSAA would be willing to reimburse the City for those costs once the State and additional funding sources were received, and Mr. Piercy agreed. Staff will return to Council with the reimbursement agreement. Please refer to the Ways and Means Committee memorandum for a more complete discussion. The Ways and Means Committee did not authorize a refund of the fees paid to contract consultants for expeditious review and did not authorize a waiver of the Regional Circulation development impact fee as outlined in the memorandum. FINANCIAL IMPACT: The short-term impact is $45,263.82. The long-term impact is zero because Norton Space and Aeronautics Academy has agreed to enter into a reimbursement agreement with the City. Please refer to Attachments B and C for a breakdown of the requested fees to be refunded and waived. The apparent discrepancy in the amounts was due to transposing numbers in the memorandum to the Committee. This report contains the correct amounts. RECOMMENDATION: That the Mayor and Common Council approve the refund and waiver of development . processing, permit and inspection, and development impact fees in the amounts of $1 0,492 (refund) and $34,715.55 (waiver) for the establishment of Norton Space and Aeronautics Academy" and direct staff to return on June 2, 2008 with a reimbursement agreement. -2- ATTACHMENT A c CITY OF SAN BERNARDINO Development S~rvices Department Interoffice Memorandum FROM: Ways & Means Committee T~ (3,: Valerie C. Ross, Director TO: SUBJECT: Norton Space and Aeronautics Academy - Request for fee Waiver/Refund DATE: April 9, 2008 COPIES: Fred Wilson, City Manager Richard Piercy, Principal of the Norton Space & Aeronautics Academy, requests a refund and/or wavier of City fees for the proposed school. Planning staff is processing Development Permit 2 No. 07-27 to establish an interim campus for the charter school proposed by the Lewis Center for Educational Research. The site is the old campus of Mill Elementary School, located on the south side of Central Avenue, east of Waterman Avenue, in the PP, Public Park land use district. c The interim campus is proposed in three phases. Phase I would include renovation of existing buildings and parking facilities on-site and addition of 13 modular classroom and restroom buildings for kindergarten - 2nd grade students. Phase II would add five modular buildings for 3'd grade students the following year. Phase III would be the final phase of interim improvements, adding 5 more modular buildings for a total of 23 modulars, serving kindergarten - 4th grade. The ultimate permanent facility is envisioned as a K-12 academy for up to 500 students. As a non-profit organization, the Lewis Center for Educational Research is eligible to request a fee waiver or refund, pursuant to Municipal Code Section 3.13.030. The request includes the following fees, which only cover Phase I of the project: c ItemlReouest Refund Waiver Total Planninl! $6,450.00 $6,450.00 Buildinl! Plan Check. $200.00 $165.42 $365.42 Buildinl!. PermitlInsoection $1,231.95 $1,231.95 Public Works Plan Check. $8,686.90 $91.26 $8,778.16 Public Works PermitlInsoection $10,379.60 $10,379.60 Fire Plan Check $338.83 $338.83 Fire PermitlInsoection $450.00 $450.00 Cultural Develooment DIF $400.00 $400.00 Local Circulation DIF $3,096.20 $3,096.20 Relrional Circulation DIp. $35,962.50 $35,962.50 Sewer Connection Fee $1,553.20 $1,553.20 Storm Drain Develooment DIF $10,932.60 $10,932.60 Law Enforcement Facilities, Vehicles, and EQuipment DIF $3,562.00 $3,562.00 Fire Suppression Facilities, Vehicles, and Eouioment DIF $3,562.00 $3,562.00 Subtotal $16,125.73 $70,936.73 Total $87,062.46 c Ways&Meam Apri/9. 2008 Page 2 * The Building Plan Check and Public Works Plan Check fees include $ 365.42 and $ 5,597.90 respectively, for expeditious review by outside consultants. ** The Regional Circulation System development impact fee of $35,962.50 cannot be waived, pursuant to Municipal Code Section 3.27.170. If the Ways & Means Committee wishes to recommend that the request for fee refunds and waivers be granted, staff recommends that it exclude the fees paid for expeditious review, and the Regional Circulation System DIF that cannot be waived. The fee of$180 paid to the Water Department is not a City fee under the purview of the Mayor and Common Council and NSAA should contact the Water Department to request a refund. Of the total $87,062.46 requested, only $10,419.09 should be considered for a refund and $34,717.55 for a waiver. Staff also recommends that requested waivers for Phases II and III not be considered at this time. No plans have been submitted for these subsequent phases and plan check, permit/inspection, and impact fees cannot be determined or accurately estimated. C Attachment: Exhibit 1 - Lewis Center for Educational Research Letter Dated March 5, 2008 c Lewis Center for Educational Research Academy for Academic Excellence Norton Space and Aeronautics Academy CMailing Address: 17500 Mana Road Apple Valley, CA 92307-2181 www.lewiscenter.org 760-946-5414 Fax 760-242-3783 EXHIBIT 1 Lewis Center fa' Educational Research March 5, 2008 City of San Bernardino Attn: Planning Division 00 North D Street San Bernardino, CA 92418 To Whom It May Concern: c This letter is to request a fee waiver/fee refund for the Norton Space and Aeronautics Academy (NSAA) to be located at 503 E. Central Ave., San Bernardino. The NSAA is under the High Desert "Partnership in Academic Excellence" Foundation, Inc. which is a 501(c)(3) corporation. The 501(c)(3) number is 170(b)(l)(A)(vi), the corporation code number is 1715246 HD5PI, and the Federal Tax ill number is 33-0542733. We would like to request a refund for the following fees already paid: $8,686.90 $6,788.83 $450.00 $200.00 $180.00 Paid to the City of San Bernardino for Plan Check Fees Paid to the City of San Bernardino for Plan Check Fees Paid to the City of San Bernardino for Fire Dept. Fees Paid to the City of San Bernardino for Plan Check Fees Paid to SBMWD for Fees We would also like to request that future fees be waived as we are a non-profit organization. If you have any questions, please contact me at 760-946-5414, ext. 201. (j26Z Richard pie::;;? c C NSAA fees to be refunded: Amount Account # Planning Division Archival Fees: $12.00 (001-000-4789) Development Permit Type 2: $6.438.00 (001-000-4714) Sub-total: $6,450.00 Pubic Works Division On-site Plan Check: $3,014.26 (001-000-4363) Archival Fees: $97.00 (001-000-4789) Non-Categorical WQMP: $80.00 (001-000-4789) Blueprints, Trust Account: $24.00 (772-183-2306) On-site Grading Issuance: $45.00 (001-000-4352) Sub-total: $3,260.26 Fire Department Fire DP2 Review Fee: $338.83 (001-000-4337) Archival Fees: $1.00 (001-000-4753) Fire Plan Check/Permit Fee: $426.00 (001-000-4337) Permit Issuance Fee: $15.00 (001-000-4330) Sub-total: $780.83 C Total Refund $10,491.09 c - 3 - A TT ACHMENT B c NSAA fees to be waived: Amount Account # Building & Safetv Division Strong Motion: Building plan check: Building permit: Electrical issuance: Interwest consulting: Archival fees: Sub-total: $16.80 $422.15 $549.50 $40.00 $165.42 $1.00 $1.194.87 772-191-2321 001-000-4731 001-000-4330 001-000-4331 772-192-2306 001-000-4789 Public Works Division Archival fee: $1.00 001-000-4789 On-site inspection: $10,334.60 001-000-4362 PW plan check: $91.26 772-183-2306 On-site issuance: $45.00 001-000-4352 Subtotal: $10.471.86 C Impact Fees Cultural development DIF: $400.00 247-000-4335 PW-sewer connection: $1,553.20 245-000-4822 PW-storm drain DIF: $10,932.60 248-000-4818 Local circulation DIF: $3,096.20 263-000-4824 Law enforcement DIF: $3,562.00 261-000-4824 Fire protection DIF: $3.562.00 261-000-4824 Sub-total: $23.106.00 Total Waiver $34,772.73 c - 4- A TT ACHMENT C