HomeMy WebLinkAbout2008-11-18; City Council; CS-004; Carlsbad Drainage Master Plan...EXHIBIT 1
1 ORDINANCE NO. CS-004
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING CARLSBAD MUNICIPAL CODE, TITLE 15,
3 CHAPTER 15.04 AND CHAPTER 15.08 UPDATING THE PLANNED
LOCAL DRAINAGE AREA FEE PROGRAM
4 CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
CASE NO: MCA 07-01
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The City Council of the City of Carlsbad California, does ordain as follows:
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SECTION 1: That Title 15, Chapter 15.04 of the Carlsbad Municipal Code is amended
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by the amendment of Section 15.04.020 L. to read as follows:
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L. "Drainage master plan" means the report entitled City of Carlsbad Drainage Master Plan,
9 dated July 2008, and any supplements, amendments, revisions or modifications made thereto
as may be approved by city council resolution.
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SECTION 1: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 15.08.010 to read as follows:12
15.08.010 Purpose.
(a) This chapter imposes a planned local drainage area fee to pay for various planned local
drainage facility improvements within the city. The amount of the fee is based upon engineering
analysis and has been calculated to be equal to or less than the cost of the planned local
drainage facility improvements as described in the drainage master plan.
15 (b) This chapter is necessary to ensure the completion of planned local drainage facility storm
drainage, flood control and water pollution control improvements in a timely manner concurrent
16 with the need for such improvements. The construction of the planned local drainage facility
improvements funded by this fee will help ensure compliance with the city's growth
1' management standards relating to drainage facilities and with the water quality improvement
requirements of the municipal permit.
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SECTION 2: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the addition of Section 15.08.015 to read as follows:
15.08.015 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in this
22 section:
A. "Impervious surface" means any surface which cannot be effectively or easily penetrated by
water. Examples include conventional pavements, buildings, non-porous concrete and asphalt
walkways, driveways, patios and building foundations and rock outcroppings. For purposes of
this chapter any soil surface whether highly compacted or not shall not be considered an
impervious surface.
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III
III
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EXHIBIT 1
1 SECTION 3: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
2 by the amendment of Section 15.08.020 to read as follows:
3 15.08.020 Prohibition of development.
Except as provided in this section, no final or parcel map shall be approved nor shall any
4 building permit or occupancy permit for any project be issued and no person shall build, use or
occupy any project, without first paying the planned local drainage area fee established by, or
5 otherwise complying with, this chapter. The following projects shall be exempt from the
requirements of this chapter:
6 (a) Projects located on sites which have been previously developed with a permanent
commercial, industrial or residential structure which do not increase the impervious
7 surface area of the respective property by fifty percent or more and which do not
contribute to any increase in the 100-year runoff value to any required planned local
8 drainage area improvement located downstream of the proposed project. The fifty percent
criteria shall be measured cumulatively for multiple discreet project applications covering
9 the same property where such applications are filed within two years of one another.
(b) Projects involving remodels or additions that do not increase the building footprint by five
10 hundred square feet. The five hundred square feet criteria shall be measured cumulatively
for multiple discreet project applications covering the same property where such
11 applications are filed within two years of one another.
(c) Projects located on property which was subdivided after October 16, 1980, and for which
12 the subdivider for said property paid or received credit for payment of any PLDA fees.
(d) Projects by public agencies or entities.
SECTION 4: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended14
by the amendment of Section 15.08.030 to read as follows:
15.08.030 Application requirements.
16 In addition to any other requirements for a building permit authorized pursuant to Title 18 of this
code and as established by the building official, the applicant for a building permit, subject to the
1' fee payment requirements of this chapter, shall:
(a) Submit a site plan showing the existing and proposed impervious surface areas located on
° the property together with a summary of the acreages of existing and proposed impervious
surface areas.
(b) Pay the planned local drainage area fee established by action of this chapter.
90zu SECTION 5: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
21 by the amendment of Section 15.08.040 to read as follows:
22 15.08.040 Fee.
23 (a) The planned local drainage area fee schedule shall be established by city council resolution
and shall be considered part of this chapter.
24 (b) A planned local drainage area fee shall be paid by the owner or developer prior to the
issuance of any building permit or occupancy permit or prior to final or parcel map approval for a
25 project, whichever occurs first. The planned local drainage area fees shall be adjusted annually
based upon the July, 2008 Engineering News Record Los Angeles Construction Cost Index of
26 9335.69 based on the 1967 average = one hundred.
(c) If, as a condition of development, the project owner or developer is required to construct a
27 planned local drainage facility, then the developer may receive a credit against payment of the
planned local drainage area fee. The amount of the fee credit shall not exceed the facility cost
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EXHIBIT 1
1 as estimated in the master drainage plan plus the adjustments provided for in subsection (b) of
this section. If the cost of the planned local drainage facility installed by the developer exceeds
2 the amount of the fee credit established by this subsection the developer is eligible for
reimbursement on the balance of the facility costs pursuant to Section 15.08.080 of this chapter.
3 (d) The drainage fee paid for each property subject to this chapter shall be based upon the
gross property acreage (including easements and not more than thirty feet of the fronting street
4 right-of-way measured at right angles to the property line along the full extent of the street
frontage) less any area of constrained land as it may be defined in Section 21.53.230 and based
5 upon the runoff potential for the respective general plan designation for the property. The runoff
potential for each land use designation shall be as indicated within Appendix C of the drainage
6 master plan.
(e) The applicant for a building permit may request adjustment of the PLDA fees specified in this
7 chapter upon submittal of a written request to the city engineer. The request should include an
explanation of the reason for the requested adjustment and any documentation in support of the
8 request. Upon review of the request, the city engineer shall determine whether to approve or
deny the requested adjustment in accordance with the following provisions:
9 i. When portions of the project have slopes greater than 25 percent and less than 40 percent,
as defined in chapter 21.95, one-half the fee for those portions may be waived. The criteria for
10 waiver should be that the slope is undisturbed and has a flourishing cover of native vegetation;
that the owner irrevocably covenants with the city to maintain the slope as open space; and that
11 the sloped area has not been used to compute more than one-half of an area equal to the
sloped area used to establish the maximum development density of the project.
12 jj. The increment of a project that is replacing a building destroyed by accidental fire or natural
disaster may be considered to be deducted from the valuation of the project PLDA fee.
iii. Structures that will not be in place from November 16 through April 14 of any year are
considered temporary for the purposes of this chapter. Temporary buildings may have the
14 payment of PLDA fees reimbursed without interest when they have been removed and when the
areas under and appurtenant to them are restored to their natural hydrologic condition.
Appurtenant areas include parking areas, walks, activity areas and other areas accessory to the
use of the building. Structures and appurtenant areas that have not been removed between any
period from November 16 through April 14 during their existence are not eligible for
reimbursement of any portion of the PLDA fee.
17 iv. The project includes Low Impact Development (LID) or hydro-modification features, as such
features are described in the City's Standard Urban Storm Water Mitigation Plan, or other
design features that reduce the 100-year flood runoff values in the post construction condition to
such an extent that the runoff values are reduced to the level consistent with a project with a
lesser runoff level. For example, a project with a high runoff value that installs LID features that
result in runoff values that equate to a medium runoff level would result in a fee reduction from
the high level to a medium level. In no case, however, shall the fee be reduced below the fee
imposed for the low runoff level.
The decision of the city engineer may be appealed to the city council pursuant to section
15.16.160 of this Title.
SECTION 6: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the deletion of Section 15.08.050.
25 SECTION 7: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 15.08.060 to read as follows:
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EXHIBIT 1
1 15.08.060 Use of fees.
Drainage area fees collected hereunder shall be segregated according to their source and
2 deposited into a planned local drainage area facility fund established for each planned local
drainage area and the funds therein and interest accruing thereto shall be expended solely for
3 the construction of or for reimbursement for construction of planned local drainage facilities
within the respective planned local drainage area. All of the fees collected shall be expended
4 solely to build or finance planned local drainage facilities serving the city.
5 EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoption; and
6 the City Clerk shall certify the adoption of this ordinance and cause a summary to be published at
7 least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after
8 its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 4th day of November. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 18th day of November. 2008, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
DR. BALL City Attorne
Mayor
ATTE/6T:
yORRAINfi M. WO^9), City Clerk ' (3