HomeMy WebLinkAbout2003-12-02; City Council; 17392; Refund to Redeemer by the Sea Lutheran ChurchiB# 17,392
IIITG. 12/02/03
IEPT. PW/GS
A3 CITY OF CARLSBAD - AGENDA BILL , I
TITLE: DEPT. HD.
CITY Amy REFUND TO REDEEMER BY THE SEA
LUTHERAN CHURCH FOR OVERPAYMENT OF BRIDGE
AND THOROUGHFARE DISTRICT NO. 2 FEES
RECOMMENDED ACTION:
Adopt Resolution No. 2003-312
Church for overpayment of Bridge and Thoroughfare District No. 2 fees.
authorizing a refund to Redeemer by the Sea Lutheran
ITEM EXPLANATION:
On August 28, 2003, Redeemer by the Sea Lutheran Church paid $262,300 in Bridge and
Thoroughfare District No. 2 fees associated with Building Permit CB 030596 for a church.
On September 17, 2003, the City received a request for reimbursement for overpayment of
Bridge and Thoroughfare District No. 2 fees, from Redeemer by the Sea Lutheran Church.
Staff has reviewed the facts surrounding the request and has concluded that a refund of fees is
appropriate. The fees collected at the time of building permit issuance were calculated based on
multiple uses which will be temporary, rather than the building's ultimate use as a church.
Bridge and Thoroughfare District No. 2 established a schedule of fees per Average Daily Trip (ADT)
to be charged to developers within the boundaries of the District. The District also established that
SANDAG guidelines be followed to determine the appropriate trip generation rates for any
development within the District. The most recent SANDAG guidelines allow for miscellaneous uses
(administration, day care, etc.) with the development of a church while still using the trip generation
rates established for a church. The application of the church trip generation rate to the entire
proposed Phase I development of Redeemer by the Sea results in a Bridge and Thoroughfare No. 2
fee that is $104,920 lower than what was paid at the time of building permit issuance. This is the
amount of the refund that is proposed at this time.
Section 3.32.030 of the Carlsbad Municipal Code requires Council approval of any refund in excess
of $1,000. Therefore, staff is recommending approval of a refund to Redeemer by the Sea Lutheran
Church for $1 04,920.
FISCAL IMPACT:
$1 04,920 of the $262,300 paid will be reimbursed from Bridge and Thoroughfare District (B&TD)
No. 2. Development of future proposed phases on the Redeemer property will require the payment of
additional B&TD No. 2 fees. These additional fees will satisfy the developer's ultimate district
obligations based on their ultimate use of the property.
EXHIBITS:
1. Resolution No. 2003-312 authorizing a refund to Redeemer by the Sea Lutheran
Church for overpayment of Bridge and Thoroughfare District No. 2 fees.
2. Letter from Redeemer by the Sea Lutheran Church requesting fee reimbursement due to
overpayment.
DEPARTMENT CONTACT: Bob Wojcik, (760) 602-2733, bwoic@ci.carlsbad.ca.us
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2003-312 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING A REFUND TO REDEEMER
BY THE SEA LUTHERAN CHURCH FOR OVERPAYMENT OF BRIDGE
AND THOROUGHFARE DISTRICT NO. 2 FEES.
WHEREAS, on August 28, 2003, Redeemer by the Sea Lutheran Church was issued a
wilding permit, CB 030596 for a church; and
WHEREAS, Redeemer by the Sea Lutheran Church paid $262,300 for Bridge and
rhoroughfare District No. 2 fees associated with said building permit, based on a temporary
nultiple use building; and
WHEREAS, the ultimate use of the building is for a church; and
WHEREAS, the Bridge and Thoroughfare District No. 2 fee for said ultimate church use is
61 57,380.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
zalifornia, as follows:
1. That the above recitations are true and correct.
2. That the Finance Director is authorized to refund $104,920 from Bridge and
rhoroughfare District No. 2 to Redeemer by the Sea Lutheran Church
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 2nd day Of December , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
:LAUDFA. LEWIS: mor 'y
{TTEST:
(SEAL)
. .-. . - . .. . . . .. ,. ,
EXHIBIT 2
Redebmer by the Sea Lartirerun Church
Carlsbad, Callfornla
September 17,2003
Mr. Glenn Pruim
Deputy Public Works Director
City Of Carlsbad
Carlsbad, Ca. 92008
Re: CT 00-44
Dear Glenn
This letter is to request the reimbursement of the over payment Redeemer by the Sea Lutheran
Church has made for the ADT's to the Bridge and Throughfare District. This reduction'of
calculated ADT's per 1000 SF of building space was developed from information, exchanged
during several meetings with City staff, as being appropriate to the specific design of our first
building. This design was based upon usage of the building for uses, which put different parts of
the building in different categories for the calculation of the appropriate number of ADT's to be
applied for the entire building.
The earlier calculation using 15 ADT's per 1000 SF resulted in a fee of $262,300.00 which has
been paid to the City. The new rate of 9 ADT's per 1000 SF results in a fee of $157,380.00 and
we are therefor requesting the refbnd of this over payment in the amount of $104,920.
We realize this was a unique situation and the remainder of our project is different for which the
ADT calculation will be much more straightforward.
'
We do want to thank you and all of the City'staffmembers for their cooperation in working
through this problem.
Sincerely, -
-c
Ken Voertman
Building Committee Chairman
6355 Cone Del Abeto, #lo0 carlsbed Ca. 92008 760-431-8990
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