HomeMy WebLinkAbout2002-05-21; City Council; Resolution 2002-1501
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RESOLUTION NO. 2002-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRULING PROTESTS,
THAN FIFTY PERCENT (50%) OF THE AREA OF BRIDGE AND
DETERMINING THAT SAID PROTESTS REPRESENT LESS
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-
POINSETTIA LANE), ADOPTING THE MITIGATED NEGATIVE
DECLARATION, AND APPROVING THE UPDATE AND
MODIFICATION OF THE FEES FOR BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-
POINSETTIA LANE) AS CONTAINED IN THE ENGINEERS
REPORT DATED MARCH 4,2002.
WHEREAS, the City Council of the City of Carlsbad, California, has by Resolution
ieclared its intention to update and modify the fees for Bridge and Thoroughfare District No. 2
:Aviara Parkway-Poinsettia Lane) (hereafter referred to as the "District"); and
WHEREAS, said District was initially formed and the levy and collection of fees for the
listrict was approved following a duly noticed hearing by the City Council on July 8, 1997; and
WHEREAS, fees for said District are authorized to be levied under Section 66484 of the
3overnment Code of the State of California, and specifically authorized by Section 20.08.140 of
:he Municipal Code of the City of Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad, California, has previously approved a
'Report" of the Engineer dated March 4, 2002, said "Report" generally setting forth the following:
A. Boundary map of area of benefit;
B. Description of proposed public improvements;
C. Updated estimate of cost for said improvements;
D. Method and apportionment for distribution of costs based upon benefits received
from the proposed public improvements; and
WHEREAS, a "Notice" has been published, pursuant to Section 65091 of the Government
:ode of the State of California, and mailed to only property owners who will be responsible to pay
:he updated fee, and said notice contained preliminary information relating to the boundaries of
the District, the estimated costs and method of the fee apportionment; and
WHEREAS, the City Council of the City of Carlsbad, California, has now conducted a duly
noticed public hearing for the purpose of considering the update and modification of fees in the
Iistrict, and all persons have had an opportunity to speak either in favor or opposition to the
lpdate and modification of the fees in the District; and
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WHEREAS, the protests received represent less than fifty percent (50%) of the area of the
District; and
WHEREAS, any increase in the B&TD No. 2 fees which may result from the update and
modification of the existing fees is not subject to Article Xlll D of the California Constitution; and
WHEREAS, the City Council finds that the Mitigated Negative Declaration for proposed
update and modification of the District fees (EIA 00-09) which was prepared, published and is on
file with the Planning Department reflects the independent judgment of the City Council of the
City of Carlsbad; and
WHEREAS, the City Council has reviewed, analyzed and considered Mitigated Negative
Declaration (EIA 00-09) and the EIA Part II including the environmental impacts therein identified
for this project and any comments thereon and finds there is no substantial evidence the project
will have a significant effect on the environment; and
WHEREAS, the City Council is now desirous to proceed with the update and modification
of fees in the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public hearing for the referenced District is hereby closed and all
protests and objections to the update and modification of the fees proposed to be levied and
collected within the District for the purpose of financing certain of the costs and expenses relating
to certain public improvements in the District were made by owners of less than one-half (112) of
the area of property to be benefited by improvements within District, and said protests are
overruled and denied. A general description of the improvements to be funded is as follows:
The construction of major thoroughfare arterial street improvements in AVIARA
PARKWAY from POINSETTIA LANE to PALOMAR AIRPORT ROAD and in POINSETTIA LANE
from AVIARA PARKWAY to EL CAMINO REAL. The works of improvement will include full-width
grading of the roadway, paved road surface for two lanes (18 foot paved section on each side of
median for a total of 36 feet paved section), transition pavement section at major intersections,
median curbs, outside asphalt swales or berms, street drainage facilities (with the exception that
drainage facilities in Aviara Parkway which are included in the City’s Drainage Fee Program have
Page 2 of 4 of Resolution No. 2002-150.
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been deleted), culverts, temporary drainage in parkway, design, contract administration, fee
administration, construction inspection, construction engineering, mitigation measures
and land acquisition. The foregoing improvements may be referred to as the "Improvements."
For particulars, reference is made to the "Report" of the Engineer as on file in the Office of
the City Clerk.
SECTION 3. The "Report", as submitted by the Engineer, is hereby adopted and shall be
kept on file in the Office of the City Clerk and remain open for public inspection.
SECTION 4. That the area of benefit and lands and property to be charged to pay the
costs and expenses of the proposed Improvements encompassed within the boundaries of the
District include all those properties benefiting from the proposed improvements. That area of
benefit and boundaries of the District are depicted on a map of the District, as approved by
Resolution of the City Council designated as "BOUNDARIES OF BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE)", which map is
included as Appendix 'C to the Report and a copy of the map is on file in the Office of the City
Clerk and remains open for public inspection.
SECTION 5. The cost estimate, as set forth in the "Repof of the Engineer, reflects the
total updated estimated costs for the Improvements, and the method of fee allocation represents a
fair method of allocation of the costs to the area of benefit. The updated estimated cost of the
Improvements is $32,555,233.
SECTION 6. The levy and collection of the above fees, as set forth in the "Report" of the
Engineer is hereby approved, shall be applicable to all property within the District, except for
parcels with existing building permits that are exempt from the fee, and said fees shall be payable
as a condition of issuing a building permit for the property or portions of the property to be
developed with the exception that fees in Zone 19 have been satisfied by the construction of a
portion of Poinsettia Lane within the boundaries of Zone 19 as a condition of the Aviara Phase 111
tentative map. Such fees are authorized to be adjusted as provided for in the "Report". The fees
shall be subject to adjustment as provided for the "Report."
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SECTION 7. The City Council of the City of Carlsbad, California, hereby adopts the
Mitigated Negative Declaration for the proposed update and modification of the B&TD No. 2 fees
(EIA 00-09), which was prepared, published and is on file with the Planning Department for public
inspection.
SECTION 8. For any and all information relating to these proceedings, your attention is
directed to the below designated person:
DAVID HAUSER
DEPUTY CITY ENGINEER
1635 FARADAY AVENUE CITY OF CARLSBAD
CARLSBAD, CA 92008
TELEPHONE: (760) 602-2739
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 215t day of MAY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
1) ATTEST:
II RAINE M. WOOD, Cityaerk
ANICE BREITENFELD, Deputy City Clerk
ll Page 4 of 4 of Resolution No. 2002-150