HomeMy WebLinkAboutOB 4 USE PERMIT 89-40 11-20-89· ~ ~ OLD BUSINESS 'NO. 4
TO: WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
FROM:
SUBJECT: REQUEST TO WAIVE FEES FOR USE PERMIT 89-40
RECOMMENDATION
Pleasure of the Council.
BACKGROUND AND DISCUSSION
At the October 16, 1989 City Council meeting, Mr. Kevin Kragenbrink
addressed the Council regarding the tempo'rary relocation of
Colonial Bible School to Hope Christian Church located at 1372
Irvine Blvd. and the possibility of waiving any application fees
associated with public hearings. He was instructed by staff that
any consideration for fee waivers must be in writing and scheduled
for action by the City Council.
On November 2, 1989 the City received a request from Mr.
Kragenbrink (attached) to waive application fees. for Use Permit
89-40'in the amount of $525.00.
The Use Permit is required in order to allow Colonial Bible Church
School to locate its K-6 private elementary school on the Hope
Christian Church site. The school will be displaced by the Tustin
Unified School District due to the re-opening of C.E. Utt Junior
High School, (southwest corner of Browning and Bryan Avenue) which
is their present location. Both Hope Christian Church and Colonial
Bible Church School (Lessee) are non-profit corporations.
ANALYSIS
A primary concern is the precedent which~may be established by
allowing a waiver, of fees for churches. Community Development
operations are self-supporting and do not rely on general fund
contributions or subsidies for maintenance -of operations.
Application fees for discretionary approvals have been established
to cover the cost incurred by the City for processing applications
including average staff time to complete all work on an
application, newspaper notification/advertising of public hearing
notices and mailing of public hearing notices. Whether a
particular use is a non-profit use or not does not change the cost
to the City of processing an application.
City Council Report
Waive Fees for UP 89-40
November 20, 1989
Page 2
Since no policies exist which specifically exempt certain
organizations, non-profit or otherwise, from paying application
fees a waiver for one particular organization could be argued by
others to be a special benefit or gift of public funds. Any waiver
of fees also does represent a cost to the City.
Staff is not aware of any recent similar waiver of fees for
churches. The City Council may also want to be aware that staff
are processing use permit applications for .3 other churches in the
City.
AChs sr~'~t~ee~Ea~nJearcks°n'
~h-ristine A. - S~%ng~on,
Director of Commu~Fty Development
CEJ:CAS:kbc
Attachments: Request from Hope christian Church
Community Development Department
HOPE
CHRISTIAN
CHURCH
OF TUSTIN
ii ii
Kevin R. Kragenbrink,
Pastor
Rick Riley,
Youth Pastor
1372 IRVINE BLVD.
TUSTIN, CA 92680
(714) 838-2865
CO~HtTY '
Tustin City Council
300 Centennial Way
Tustin, CA 92680
November' 1, 1989
Dear Council Members,
. ..
The elders and board of Hope Christian'Church respectfully
request that the city of Tustin waive the application fees for
use permit ~89-40. Hope Christian Church is a non-profiS
corporation organized for religious purposes and meets all state
and federal requirements for such an organization.
The use permit, if granted, would allow the :hurch to provide
a temporary home for Colonial Bible Church School whic~ has been
given notice to vacate it's current facil'ity at C.E. UTT Jr.
High' SChool. Both church and school feel that this is
valuable and'-{mportant community service and we hope that you
will 9rant our request. - ....
If you have any questions-or need any further informa%ion
please call the church at 838-2865. Thank you for your help
this matter.
You ¢ s~c~Dh' Ch r i s
· To Present Everyone Perfect kn Christ ·
Colossians 1:28