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HomeMy WebLinkAbout1980-09-02; City Council; 6301-1; Resolution adopting a Master Drainage PlanCITY OF CARLSBAD Initial: AGENDA BILL NO. 6301 - Supplement No. 1 ^^ DATE: September 2, 1980 ^ c. Atty DEPARTMENT: Engineering C. Mgr. SUBJECT: RESOLUTION ADOPTING A MASTER DRAINAGE PLAN ORDINANCE ESTABLISHING DRAINAGE FEES , STATEMENT OF THE MATTER . The City has recently completed a Storm Drain Master Plan in accordance with the provisions of the State Map Act. The City, after adopting the Master Plan, may adopt an ordinance imposing fees on subdividers for the construction of proposed facilities. In order to adopt the fee structure, the. Council must: 1. Adopt a Master Drainage Plan. • " . 2. Find that the construction of the proposed facilities will be required by development of property within the drainage areas. 3. Find that fees are fairly apportioned within each area on the basis of benefits conferred on property proposed for subdivision or on the need for drainage facilities created by development. 4. Ensure that acreage fees for any property proposed for subdivision within . . a drainage area do not exceed an amount which is calculated by ch'viding the total cost of facilities for a drainage area by the total acreage of ttie area. 5. The facilities proposed for funding are in addition to any existing facilities. . - FISCAL IMPACT The Master Drainage Plan proposes development fees to finance storm drain facilities. The plan identifies about $4 million of facilities which must be funded by methods other than development fees. EXHIBITS 1. Staff Report 2. Resolution N 3. Ordinance No . RECOMMENDATION: Adopt Resolution No. Introduce Ordinance No. AGENDA BILL NO. 6301 - Supplement No. 1 Page 2 Council Action: 9-2-80 Council adopted Resolution 6296, adopting a Master Drainage Plan, and introduced Ordinance No. 9560, to establish drainage fees. 9-16-80 Council adopted Ordinance No. 9560. MEMORANDUM TO: CITY MANAGER FROM: CITY ENGINEER DATE: AUGUST 21, 1980 SUBJECT: DRAINAGE FACILITIES PLAN The older city has an existing storm drain system which was designated for low flow drainage and is inadequate for 50 or 100-year storms. A review of drainage complaints revealed numerous instances of chronic street flood- ing during major storms. Remedial facilities are proposed to upgrade the protection level and eliminate nuisances. In the new developments, storm drains exist which, in combination with street capacity, provide adequate protection. Facilities are proposed to complete the system through the areas of future development. In undeveloped areas, future development may require storm drain facilities onsite or downstream. Where the Land Use Plan designates open spaces for canyons, the watercourses are assumed to be left natural with provision for grade stabilization with drop structures. These areas may be managed by requiring the areas of inundation by the 100-year flood to be determined during the engineering of new developments and by requiring that develop- ment be kept out of these areas. If such open space areas are later pro- posed for development, appropriate modifications of onsite and downstream facilities must be required of the developer. PLD 1 An exisitng storm drain system drains the Carlsbad downtown business dis- trict along State Street, Washington Street, Laguna Drive and Grand Avenue. Complaints of flooding along these streets have been received by the City. A storm drain system of adequate capacity is proposed as facilities AA, AA-1, AA-2, and AA-3- The alignments are initially proposed within exist- ing street right-of-way. However, during final design, the costs of relocation of utilities, disruption of business, or convenience may dictate an alternative alignment of the State Street System, line AA. Such an alternative would require acquisition of right-of-way through private property and along the railroad right-of-way. These facilities could be implemented during redevelopment of the business district and thus be eligible for redevelopment funds or be constructed by an improvement district. -2- PLD 3 Facility AB is a storm drain proposed to be constructed under Highland Drive with an outfall from the cul-de-sac to Buena Vista Lagoon. The street provides the only conveyance for drainage and is inadequate capacity by current standards. The upstream area is partially undeveloped and higher density development will aggravate the drainage deficiency unless a drain is constructed. PLD A and 5 Facilities AC and AD will complete existing storm drain systems as future development fills in. The existing systems are in newer development and have adequate capacity. PLD 6 The drainage area tributary to debris basin facility AE is undeveloped and the watercourse is designated as open space. Future development in the watershed may accelerate siltation of Buena Vista Lagoon. Therefore, a debris basin is proposed in the location shown on Plate 1 to mitigate this development impact. OLD 2 Line BA is a 60" diameter storm drain which parallels the railroad and will intercept exisitng tributary storm drains. It replaces a ditch from Walnut Avenue to Juniper Avenue and parallels an existing 60" RCP from Juniper to Tamarack. Both 60" pipes are required due to the very mild slopes. This improvement would alleviate nuisance ponding and reduce the potential for mosquito breeding. It would connect to a 72" existing pipe, thus completing a major system draining into Agua Hedionda Lagoon. PLD 7 This proposed storm drain will complete a drainage system by connecting upstream and downstream existing facilities. Drainage complaints have been recorded along the existing watercourse. Severe erosion occurs on downstream storm drains and necessitates dredging of the Shelter Cove Marina. The proposed facility will alleviate the nuisance flooding and erosion problems. Continued residential and commercial development will occur in the basin, and should bear a portion of the cost of improvement through assessments or fees. PLD 8 Storm drain line BC protects against erosion of the east side of El Camino Real and will reduce siltation of Agua Hedionda Lagoon. This should be constructed with road maintenance funds since the primary benefit is road protection. -3- PLD 9. 10, 12 and 13 Facilities BD through BN are required by future development and will be constructed by future development or be financed by assessments or impact fees paid by new developments in the tributary areas. Five debris basins are located to mitigate siltation of Agua Hedionda Lagoon accelerated by new developments in these areas. PLD 11 Storm drain lines CB through CM are required by future development. Line CM also completes and existing storm drain system. No debris basins are proposed on the premise that no lagoon is threatened and that transport of silt to the beach is vital to beach sand replenishment. Several bridge and culvert structures on Encinas Creek may require more frequent mainten- ance due to siltation. These facilities will be constructed or financed by future development through assessments or impact fees. Based on the information submitted in the Master Drainage Plan, the Council should find: 1. That construction of the proposed facilities in PLD 3,^,5,6,7,9,10,11, 12,13 will be required by development or property within the drainage areas. 2. That the fees are fairly apportioned within each area on the need for drainage facilities created by development. 3. That the facilities proposed for funding are in addition to any existing faci1i ties . LErmmt 8/21/80 RESOLUTION NO. 62961 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MASTER 3 DRAINAGE PLAN : 4 WHEREAS, the Carlsbad City Council has received a Master Drainage 5 Plan prepared by VTN Engineers and recommended for approval by the City 6 Engineer; and 7 WHEREAS, the Master Drainage Plan has been prepared pursuant.to 8 Section 66483 of the Subdivision Map Act and Section 20.08.130 of the 9 Carlsbad Municipal Code; and . r. 10 WHEREAS, the Master Drainage Plan contains an estimate of the total 11 costs of constructing the local drainage facilities required by the-plan and 12 maps showing the drainage area boundaries and the location of facilities; and 13 WHEREAS, the Master Drainage Plan study area includes within its 14 boundaries all those areas of the City outside Zone One of the San Diego 15 County Flood Control District; and 16 WHEREAS, the Master Drainage Plan divides the study area into 17 thirteen drainage areas which, when developed, will require construction 18 of the facilities described in the plan; 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of £0 Carlsbad, California, as follows: 21 A. The above recitations are true and correct. 22 B. The Master Drainage Plan prepared by VTN Engineers, dated 23 March 17, 1980, is hereby adopted. 24 C. The maps included in the Master Drainage Plan and designated as 25 Plates 1, 2, 3 and 4 which describe drainage area boundaries and the location 26 and description of facilities are adopted. 27 / / / 28 / / / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AMD ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 2nd day of September , 1980, by the following vote, to wit: * AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: A -J&ALETHA L . RAUTENKRANZ , Ci ty Cl erk (SEAL) /fe 1 2 5 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE N0.._9560_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20 OF THE'CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 20.09 FOR DRAINAGE FEES The City Council of the City of Carlsbad, California-, does ordain as follows: SECTION 1: That Title 20 of the Carlsbad Municipal Code is amended by the addition of Chapter 20.09 to read as follows: "CHAPTER 20.09 DRAINAGE FEES Sections: 20.09.010 Drainage Areas Established 20.09.020 Planned Local Drainage Facilities 20.09.030 Estimated Costs 20.09.040 Drainage Fees Established 20.09.050 Payment of Drainage Fees 20.09.060 Credit for Previous Payment or Construction 20.09.070 Adjustment of Fees 20.09.080 Use of Drainage Fees 20.09.090 Reimbursement Agreements 20.09.100 Applicability 20.09.010 Dra inage Areas |ltabJJ_s_h_ed. Planned local drainage areas or PLD areas for the "City are hereby established, which cover the entire drainage area of the City as adopted by the City Council. Said PLD areas are depicted upon plates 1 through 4 included in that certain "Master Drainage Plan for the City of Carlsbad," dated. March 17, 1980, prepared by VTN, and adopted by resolution of the City Council and any amendments thereto, a copy of which plan is on file in the Office of the City Clerk. 20.09.020 Planned Local Drainage Facilities. The City Council hereby finds that the subdivision of land within the meaning of the Sub- division Map Act will require the construction of those drainage facilities described in said drainage master plan. Said facilities shall hereinafter be referred to as planned local drainage facilities or PI.DF. The City Council further finds that all properties within each of said planned local drainage areas will be benefited by construction of the local drainage facil- ities proposed for each of said areas. 1 2 3' 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20.09.030 Estimated Costs.The City Council also finds that the total costs estimated in 1980 for all PLDF within each said PLD area are as follows: PLD Area:1 2 34 5 6 7 8 9 10 11 12 13 $"1,424,642 380,742 188,852 375,222 418,830 44,160 714,702 232,806 3,765,107 184,782 2,988,522 3,044,140 681,236 It further finds that if such costs were apportioned uniformly on a per acre basis, the prorata share in each local drainage area would be as follows: PLD Area:1 2 3 4 5 6 7 8 9 10 11. 12 13 $6,331 2,069 3,046 1,349 2,126 160 1,818 1,562 2,302 957 1,304 3,556 2,286 20.09.040 Drainage Fees Established: Pursuant to Section 66483 of the Subdivision Map Act, the following drainage fees shall be paid for subdivisions within the local drainage areas established herein for purposes of defraying the costs of PLDF for the removal of surfaces and storm waters from PLD areas as follows: PLD Area;1 2 3 4 5 6 7 8 9 10 11 12 13 $ 3, 1, 2, 1, 3, -0- -0- 046 349 126 160 818 -0- 302 957 304 556 .2,286 -2- 1 The City Council .finds that said foes are fairly apportioned within said areas on the basis of benefits conferred on property proposed for 2 subdivision or on the need for such facilities created by the proposed subdivision and development of other property within such areas. For the 3 purpose of computing the aforesaid estimated costs and fees, acreage shall ba computed as gross acreage to the centerline of streets abutting the 4 property in question and fees for fractional acreage shall be prorated. 5 ' 2_(LJ)?-_050 Payment of Drainage Fees. No final map or parcel map shall be approved by the City until ^the drainage fees required by Section 6 20.09.040 hereof have been paid in full, or the construction of drainage facilities described in the drainage master plan has been completed, or 7 agreed to be completed by the subdivider and secured by a form of security described in Section 20.16.070 of this Code, or both such payment and 8 construction. The subdivider shall be given credit against the amount of drainage fees required by Section 20.09.040 in the amount of the actual 9 construction costs, including engineering and other costs, of such facilities. 10 20.09.060 Credit for Previous Payment or Construction. When a building is to be constructed or reconstructed or added to upon property for 11 . which the drainage fees have previously been paid pursuant to Section 20.09.050 hereof, or construction of drainage facilities pursuant to Section 20.09.050 12 has been completed, or similar provisions of any prior City ordinance, full credit for such payment and the costs of construction of such facilities shall 13 be given against such fees due at the time a building permit is issued. 14 20.09.070 Adjustment of Fees. The fees established by Section 20.09.040 hereo-" have been established in part on estimated costs to construct 15 PI-DF in the Calendar year 1980. In June and December of each calendar year, beginning with June, 1981, the City Council shall review and adjust, by 16 amendment hereto, such fees. Said adjustment shall be based upon any increase or decrease in costs of construction as determined by the Engineering News 17 Record. Cost of Construction Index published by McGraw-Hill Publishing Company, or any such successor thereof. The index for the month preceding the adjust- 18 ment shall be used for such adjustment. Fees adjusted in accordance herewith shall become effective on each July 1 or January 1 respectively. 19 ! i 20.09.080 Use of Drainage Fees. Fees collected hereunder shall be 20 segregated according to their source and deposited into a planned local drainage facilities fund established for each PLD area and the funds therein 21 and interest accruing thereto shall be expended solely for the construction of or for reimbursement for construction of PLDF'within each such area. 22 20.09.090 Reimbursement Agreements. The City Council may, at its 23 discretion, enter into a reimbursement agreement with a developer, when said developer has constructed PLDF. Reimbusement shall be made only as fees are 24 collected in connection with the subdivision of other property in the same PLD area in which said facilities were constructed. The amount of reimbusement 25 shall be limited to the actual cost, including engineering and other costs, of such facilities at the.time they are constructed, in excess of the amount 26 of drainage fees required pursuant to the provisions of Section 20.09.040. The term of reimbursement agreement shall not exceed ten (10) years. 27 20.09.100 Appl i ca b JJity. This chapter shall not apply to any 28 tentative map or parcel map, if no tentative map is required filed prior .to • the 31st day after the effective date of this chapter. -3- 1 2 5 4 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify tc the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 2nd day of September » 1980. PASSED AND ADOPTED at a regular meeting of said City-Council held on theJ6th__day of September , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ' /-"""""> , /""">i j^^^.yp <?-?\.. tir-fai RONALD C. PACKARD, Mayor" ATTEST: ALETHA L. RAUTENKRANZ, City-Clerk (SEAL) ..4.