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HomeMy WebLinkAbout1994-06-28; City Council; 12760; MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN WORKSHOP REPORTa s z 0 F 0 a d 5i Z 3 8 L revised fee program will maintain the fee credit provisions of the existing drainag ordinance. Essentially, this provision provides for a direct credit against payment c drainage fee in an amount equal to the value of a master planned drainage k constructed by a developer. The existing Drainage Area Fee structure is divided into thirteen (1 3) drainage basins v covers only a portion of the City (See Exhibit 2). The current fee for these 13 existin! areas range from a low of $0 (or no fee) to a maximum of $4,445 per acre. The ave existing fees have not been adjusted for inflation since 1981. fee is approximately $2,700 per acre which includes constrained land acreage. Planned Local Drainage Area A B C D Fee per Gross Acre (unconstrained Ir Basin Name Low Runoff Area High Runoff Buena Vista Lagoon $1 15m $2,560 Agua Hedionda Lagoon $3,362 $5,502 Encinas Creek $2,514 $4,114 Batiquitos Lagoon $34 $ 56 Lot Type Lot Size Single Family 7,500 sq. ft. Industrial 1 acre Existing Fee Proposed F $0 to $656 $0 to $4,445 $6 to $578 $4,114 to $5,! m e .- Page 3 of Agenda Bill No. I2 i 7 (Q 0 The CIF also voiced concern about using previously collected PLDA funds to con Master Drainage Plan, all 3.1 million dollars in existing PLDA funds were allocated fc purpose. The reasoning behind this proposal was that once developments paid PLD, and were allowed to develop, then any unbuilt facilities to be funded by the fees WOI classified as an existing deficiency. In response to the CIF concern, we conducted a basin by basin analysis and foun their concern was warranted. From the analysis we determined that only 1.3 million 3.1 million dollars in PLDA funds were legitimately associated with the facilities thal reclassified to deficient facilities as a direct result of development that occurred sinc establishment of the PLDA fees in 1980. The remaining 1.8 million dollars was reallo and used to off set the cost of facilities to be funded by the new development. Staff is recommending that City Council accept the Master Drainage and Storm ' Quality Management Plan and schedule a public hearing for introduction of a new dra ordinance and adoption of a resolution approving the Master Plan and establishir; Planned Local Drainage Area fees. A copy of the proposed draft ordinance is include1 this agenda bill for City Council review and comment. The draft ordinance will crc new Title in the Municipal Code to be known as the Drainage Ordinance, provide fi establishment of new Planned Local Drainage Areas and fees, specify which projec subject to fees, and provide for fee credits and reimbursements. As proposed, the new PLDA fees will be extended to all new development prl including redevelopment projects and major remodeling projects. Only remodel prt that increase the floor area space equal to or greater than 50% of the existing floor space will be subject to payment of the PLDA fee. The existing PLDA fee program is limited to subdivision developments due to pre limitations in state law. New state law, in the form of AB 1600, provides the CiQ additional authority to implement a drainage facility fee program on non-subdh developments. By including non-subdivision developments, the proposed prograr generate increased funds to complete needed facilities and more equitably sprea burden to developing properties within the respective PLDAs. Inclusion of redeveloF and remodel projects will further increase drainage fee revenues and decrease tht Presently, the full cost to mitigate existing deficiencies is the responsibility of thc through non-fee sources such as the General Fund. The new fee will become effective 60 days after adoption of the drainage ordinance. fee will be retroactive to all projects which entered into an agreement with the City tc the updated drainage area fee as a condition of development pursuant to a require within the Growth Management Local Facilities Management Plans. The fee is 1 collected prior to final map approval or building permit issuance whichever occurs This arrangement was chosen to avoid the creation of a complicated fee credit accou system. The draft ordinance provides an exemption from the fee program for all public age or entities. improvements to existing deficient facilities, As proposed in the previous draft I burden to fund the cost of drainage improvements needed to mitigate existing deficier e e Page 4 of Agenda Bill No. 12, %I 0 FISCAL IMPACT: A total of 42.9 million dollars in recommended future drainage facilities are identifiec the Master Drainage Plan report. Of this amount, approximately 34.3 million do facility costs are directly attributable to the needs created by new developmeni remaining 8.6 million dollars are attributable to facility deficiencies created by E development. The financing plan presented in this report recommends that 100% of the drainage costs attributable to new development be financed by developers through payn Planned Local Drainage Area fees or by direct construction of drainage facilities. 34.3 million dollars in facility costs attributable to new development, 18.8 million doll be collected in new PLDA fees, 13.7 million dollars will occur from direct de\ construction of drainage facilities and 1.8 million dollars will be applied from pre The 8.6 million dollars attributable to existing facility deficiencies will be funded thrl combination of sources as follows: 1.3 million dollars are available from pre collected PLDA fees; 1.6 million dollars will be generated from PLDA fees charged i existing developments that redevelop or remodel; 4.3 million dollars in SANDAG Tr, funds and 0.5 million dollars in redevelopment tax increment bond funds are budg the current Capital Improvement Program; and 0.2 million dollars has been contribi the County of San Diego for drainage improvements adjacent to McClellan Palomar 1 The remaining 0.7 million dollars is presently unfunded and will require funding fror non-fee sources such as the general fund, federal and state grants, obligation bonc assessment districts. The program recommended in this report is directed to the purposes of fundi construction of drainage and storm water management facilities. The cost to r~ these facilities and the cost to administer the Storm Water Quality Management PI are prevented by law from being funded through developer impact fees. Th associated with drainage facility maintenance and administration of the storm Water Management Program will be addressed at a future time. collected PLDA fee revenues. ENVIRONMENTAL REVIEW A Negative Declaration was issued by the Planning Director on April 30, 1992. EXHIBITS: 1. Master Drainage and Storm Water Quality Management Plan on file in the officc City Engineer an Gl. e in c:$ clerk;% ocSiis , 2. Map showing existing 13 Planned Local Drainage Areas. 3. Map showing the proposed four new Planned Local Drainage Areas. 4. Draft Ordinance adding Title 15 to the Carlsbad Municipal Code to establish DI Area Fees and amending Title 20 by the amendment of Section 20.08.130 i repeal of Chapter 20,09, e e .. -- - . .- EXISTING PLA"E.DCOCAZI DRAINAGE FEE AREAS EXHIBIT .. ,. PROPOSED PLANNEDLOCAI; DRAINAGE FEE AREAS EXHIBIT ._ 1 2 3 4 5 c5 7 a 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 EXHIBIT 4 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING TITLE 15 TO THE CARLSBAD MUNICIPAL CODE TO ESTABLISH DRAINAGE AREA FEES AND AMENDING TITLE 20 BY THE AMENDMENT OF SECTION 20.08.1 30 AND THE REPEAL OF CHAPTER 20.09 WHEREAS, a report entitled "Master Drainage and Storm Water Quality Manageme was completed in March 1994 and is incorporated as Exhibit A to this ordinance (he1 referred to as the "Master Drainage Plan"; and, WHEREAS, the Master Drainage Plan estimates the capital costs of constru improvements to implement the City's Storm Drain Program; and, WHEREAS, the Master Drainage Plan also includes a section requiring the implem of a Storm Water Quality Management Program pursuant to the Clean Water Act and the I Pollutant Discharge Elimination System (NPDES) permit; and WHEREAS, fees to implement the construction of various storm drain and wate enhancement improvements are set forth in the Master Drainage Plan; and, WHEREAS, the City is authorized pursuant to Sections 65800 et seq, 66000 et! 66410 et seq of the Government Code of the State of California to establish facility fee! purpose of constructing public facilities needed or impacted by private development a and, WHEREAS, the City Council has found that the drainage facility fees proposed F to this ordinance are required for proper development of the City and that the facility c fair and accurate, and that the fees have been fairly apportioned within each Plannc Drainage Area based upon benefits conferred on property proposed for development 0 need for such facilities created by the proposed development and the development property within the Planned Local Drainage Fee Area; and, Ill 1 .> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 0 WHEREAS, the City Council has found that the Master Drainage Plan provides I explanation as to how: 1. There is a reasonable relationship between the fee’s use and the type of deve projects upon which the fees are imposed. 2. There is a reasonable relationship between the need for the Master Planned C Facilities and the type of development projects upon which the fees are iml 3. There is a reasonable relationship between the amount of the drainage fee cost of the drainage facilities attributable to development within each of the Local Drainage Areas. WHEREAS, the fees so established do not exceed the reasonable costs of con: those facilities and the fees are not levied for general revenue purposes; and, WHEREAS, the City Council has determined that the drainage facilities included M Master Drainage Plan have a general benefit to the public insofar as they improve tt quality of the City’s water resources, protect vital thoroughfares from flood damage, re( threat of water born diseases and generally enhance property values by improving rl commerce and by maintaining the aesthetic environmental balance of the City; and, WHEREAS, a pro-rated cost to mitigate existing deficiencies with Master Plan c facilities within the existing developed areas will be funded through the imposition of c area fees on redevelopment and remodel projects; and, WHEREAS, this study was available for public inspection and review at least ten (’ prior to this public hearing; and, WHEREAS, the City has mailed notice of this Council meeting to any and all par have filed written request to be notified of such meeting at least fourteen (1 4) days pric public hearing; and, WHEREAS, the Finance Director is directed to establish a new fund or funds nt to collect the fees so imposed and to maintain said fund or funds and the interest c therein and to authorize expenditures for only those projects, bond payments ( 2 .. 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e construction activities set forth in the Master Drainage Plan. The Finance Director i directed to make a report, at least annually, and within sixty (60) days of the close of year determining the beginning and ending balances for the fiscal year and the fees, intc other income and amount of expenditure on each public facility. The fees deposited in or funds shall not be commingled with any other fees or revenue of the City. The Director is further directed to make this information available to the public and to repc City Council not less than fifteen (15) days after making said information available to tk The Finance Director shall monitor these funds so that, if required, the City Council m written findings that all or any portion of the fees remaining unexpended or uncommitt fund for five (5) or more years are still necessary and needed for the purposes to whic is to be expended and demonstrate a reasonable relationship between that fee and the the improvements. NOW, THEREFORE, the City Council of the City of Carlsbad, California does ( follows: SECTION 1: That Title 20, Chapter 20.09 of the Carlsbad Municipal Code i repealed. SECTION 2: That Title 15 entitled "Drainage Ordinance" is added to the Municipal Code to read as follows: GENERAL REGULATIONS Chapter 15.04 (b) "Building Footprint" meal gross floor area of a structure measu the ground level elevation withii confines of the exterior wall surfaces (c) "Master Drainage Plan" r the report entitled "Master Drainag Storm Water Quality Management dated March, 1994 and any suppler For the purpose of this Title, the revision or modification thereto as r~ following words or phrases shall be approved by City Council Resolutior construed as defined in this section: (d) "Occupancy Permit" mf (a) "Building Permit" means a permit required or issued pursu: permit required by and issued pursuant to Chapter 18.04 of this code. (e) "Project" means on any pr 15.04.01 0 Title "Drainage Ordinance." This Title shall be known as the 15.04.020 Definitions. Chapter 21.60 of this code. 3 .. 1 2 3 4 5 6 7 8 9 10 i I 12 13 l4 l5 l6 1 7 18 19 20 21 22 23 24 25 26 27 28 e 0 improvements in a timely m( subject to this chapter, any new building permit or any redevelopment or remodel concurrent with the need for increased by fifty (50) percent or greater drainage improvements funded by th over the existing building footprint. will ensure compliance with the (9 "Property subject to this chapter'' Growth Management standards relati means any lot or parcel of land in the City. drainage facilities and with the water q (g) "Planned Local Drainage improvement requirements of the Na Facility" means any storm drainage facility, Pollutant Discharge Elimination S! flood control facility or water quality Permit issued for City storm dra enhancement facility identified in the facilities. Master Drainage Plan including drainage easements, storm drain pipes, inlet 15.08.020 Prohibition of Developmen structures, outlet structure, sedimentation For any property subject tc and depollutant basins, drop structures, rip chapter, notwithstanding any provisi rap, junction structures, environmental this code to the contrary, no final or I mitigation measures, water quality map shall be approved nor shal monitoring and testing equipment and building permit or occupancy perm contain or enhance the quality of storm build, use or occupy any project, w water discharge. first paying the fee established b (h) "Planned Local Drainage Area" otherwise complying with, this chaptc (PLDA) means one of four drainage areas within the City identified within the Master 1 5.08.030 Application Reauirements. Drainage Plan. Separate Planned Local In addition to any ( Drainage Area (PLDA) fees are established requirements for a building F for each of the four drainage areas and authorized pursuant to Title 18 of this were calculated to be equal to or less than and as established by the building o the cost of the Planned Local Facility the applicant for a building permit sh Drainage improvements within each (a) Submit a site plan showir respective PLDA. building footprint of all existing proposed habitable structures or property subject to this chapter to< with a summary of the building foc permit wherein the building footprint is improvements, The construction c other improvements necessary to convey, any project be issued and no persor Chapter 15.08 DRAINAGE AREA FEE areas for existing and proF I 5.08.01 0 Purpose. structure(s). (a) This chapter imposes a fee to (b) Pay the Planned Local Dra pay for various storm drain improvements Area fee established by action o within the City of Carlsbad. The amount of chapter. the fee is based upon engineering analysis (c) Subsections (a) and (b) ( and has been calculated to be equal to or section shall apply to all new bu less than the cost of the drainage construction, to all residential and improvement. The drainage improvements residential remodels, enlargement funded by this fee are designated in the alterations where the proposed bu report entitled "Master Drainage and Storm footprint is increased by fifty (50) PC Water Quality Management Plan" dated or greater over the existing bu March, 1994 on file with the City Engineer. footprint. (b) This chapter is necessary to (d) This section shall not apl ensure the completion of storm drainage, property which was subdivided flood control and water pollution control October 16, 1980 and for whict 4 .* . ._ ' 2 3 4 5 6 ' 8 9 10 1 1 12 13 l4 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a subdivider for said property paid or runoff potential for each land received credit for payment of any PLDA designation shall be as indicated w fees. Table 4-3 of the Master Drainage Plan (e) The applicant for a buil 15.08.040 Fee. permit may request adjustment of the P (a) The Planned Local Drainage fees specified in this chapter L Area fee schedule shall be established by submittal of a written request to the City Council Resolution and shall be Engineer, The request should includc considered part of this ordinance. explanation of the reason for the reque (b) A Planned Local Drainage Area adjustment and any documentatior fee shall be paid by the owner or support of the request, Upon review o developer prior to the issuance of any request, the City Engineer shall deterr building permit or occupancy permit or whether to approve or deny the reque prior to final or parcel map approval for a adjustment. project whichever occurs first. The Planned Local Drainage Area fees shall be 15.08.056 Exemotion. adjusted annually based upon the January, Projects by public agencie! 1994 Engineering News Record Los entities shall be exempt from the provk Angeles Construction Cost Index of 549.1 3 based on the 1967 average = 100. development, the project owner or Drainage Area Fees colk developer is required to construct a hereunder shall be segregated accoi Planned Local Drainage facility, then the to their source and deposited in' developer may receive a credit against planned local drainage facilities payment of the Planned Local Drainage established for each Planned 1 Area fee. The amount of the fee credit Drainage Area and the funds therein shall not exceed the facility cost as interest accruing thereto shall be expel estimated in the Master Drainage Plan plus solely for the construction of or the adjustments provided for in subsection reimbursement for construction of draii (b) of this section. If the cost of the facilities within the respective Plar Planned Local Drainage Facility installed by Local Drainage Area. All of the the developer exceeds the amount of the collected shall be expended solely to I fee credit established by this subsection or finance Planned Local Drait the developer is eligible for reimbursement Facilities serving the City. on the balance of the facility costs pursuant to section 15.08.080 of this 15.08.070 Assessment Districts. Chapter. If an assessment district or SF (d) The drainage fee paid for each taxing district is established for all o property subject to this chapter shall be part of the area subject to this chap' based upon the gross property acreage fund storm drain improvements whic (including easements and not more than or will be funded in whole or in part k thirty (30) feet of the fronting street fee established by this chapter, the c right-of-way measured at right angles to the or developer of a project may apply t property line along the full extent of the City Council for a credit against the I street frontage) less any area of an amount equal to the assessme constrained land as it may be defined in taxes paid. section 21 53.230 and based upon the runoff potential for the respective General 15.08.080 Reimbursement Aqreemen Plan designation for the property. The The City Council may, a of this chapter. (c) If, as a condition of 15.08.060 Use of Fees. 5 .' 1 ' 2 3 4 5 6 7 8 9 1 o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e discretion, enter into a reimbursement facility as estimated in the Master agreement with a developer, when said Drainage Plan including the adjustr developer has constructed a Planned Local provided for in subsection 15.08.01 Reimbursement shall be made only as fees fee schedule accordingly. The deve are collected in connection with the requesting reimbursement shall pz development of other property in the same receive appropriate fee credits based Planned Local Drainage Area in which said the revised fee schedule. facilities were constructed. The schedule of payments for the reimbursement shall 15.08.090 Advance of Funds bv Citv. take into consideration the schedule of The City may advance money Planned Local Drainage Facility any available source or fund for improvement construction contemplated in construction of improvements which v the adopted Capital improvement Program otherwise be paid for from fees collc and shall be made at the sole discretion of pursuant to this chapter and reiml the City Council. The amount of itself from future fees. reimbursement shall be limited to the actual cost, including engineering and other 15.08.1 00 Expiration of Chapter. costs, of such facilities at the time they are constructed. The term of reimbursement agreements shall not exceed ten (IO) years. The payment of any reimbursement shall be limited to the extent that funds are equal to the cost of the storm available through the collection of the improvements. PLDA Fees. If the amount of reimbursement exceeds the cost of the Drainage Facility improvement. then the City Council shall revise the fi This chapter shall be of no fi force and effect when the City Cc determines that the amount of fees I have been collected reaches an ar SECTION 3: That Title 20, Section 20.08.130 be amended to read as follows: "20.08.1 30 Drainaqe and sewer facilities - Pavment of fees required. Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established Payment of the fees for Planned Local Drainage Facilities shall conform with the requirements of Chapter 15.08 of this code and shall be paid prior to filing of the final or parcel map or issuance of building permits whichever occurs first." EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its ado1 the City Clerk shall certify to the adoption of this ordinance and cause it to be publishe once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) c its adoption. pursuant to Section 66483 of the Subdivision Map Act, 6 .' 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I€i 17 18 19 20 21 22 23 24 25 26 27 28 0 a INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Coi on the day of , 1994 by the following vote to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit) held on the day of , 1994 by the following vote, to wit: AYES: NOES; ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALFTHA L. RAUTENKRANZ, City Clerk (SEAL) 7 I e a -* .L ‘t June 28,1994 The Honorable Mayor and Councilmembers City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Dear Honorable Mayor and Councilmembers: The Construction Industry Federation appreciates the opportunity to offer its support for tf Master Drainage and Storm Water Quality Management Plan that has been under develop the past two years. The Federation has been involved in workshops and discussions with your staff during tht evolution of the Plan. Our major concerns with a previous draft centered around question requiring new development projects to pay for existing deficiences and the use of $3.1 mi previously collected PLDA funds to pay for new facilities. Both concerns have been adec addressed in the latest draft Plan. We would like to offer our appreciation to City staff - particularly David Houser - for the effort in working with us in the development of the final Plan. Accordingly, we support the scheduling of a public hearing for the new Drainage Ordinar support its ultimate adoption by your Council. Res tfullysubmitted Agenda Item 19 - Master Drainage and Storm Water Quality Management I ~@3!p- Tom Sheffer Executive Director ConstruCtion Industry Federation