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HomeMy WebLinkAbout1994-09-13; City Council; 12862; APPROVAL OF MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN AND ADOPTION OF PLANNED LOCAL DRAINAGE AREA FEESa 1. Introduce Ordinance No. NS-493 adding Title 15 to the Carlsl Municipal Code to establish Drainage Area Fees and amending Title 20 by amendment of Section 20.08.1 30 and the repeal of Chapter 20.09. Adopt Resolution No. w-460 approving the Master Drainage and Sti Water Quality Management Plan, dated March 1994, and establishing a Plan, Local Drainage Area Fee. 3. Adopt Resolution No. y&d/ approving the Negative Declaration for adoption of a citywide Master Drainage and Storm Water Quality Managem 2. On June 28, 1994, the City Council conducted a workshop on the proposed Ma: Drainage and Storm Water Quality Management Plan (Master Plan). At the conclu: of the workshop, Council moved to accept the Master Plan report and directed staf schedule a public hearing for the introduction of the Drainage Ordinance and adopi of the Planned Local Drainage Area Fees. The recommended fee program encompasses all of Carlsbad and will divide the City i four Planned Local Drainage Areas (PLDA's) corresponding to the four major drain; basins within the City as depicted on Exhibit 2. Moving from north to south the f basins are identified as follows: PLDA A encompassing all property in the City drain into the Buena Vista Lagoon; PLDA B which includes all property in the City drair into the Agua Hedionda Lagoon; PLDA C which includes all property draining into Encinas Creek; and, PLDA D which includes all property in the City draining into Batiquitos Lagoon. Those properties located along the coast which drain directly i the ocean have been included within the PLDA which surrounds the property or wb most closely relates to that property. The proposed Planned Local Drainage Area fees are as follows: Planned Local Basin Name Lot Type Single Family Industrial Lot Size Proposed Fee 7,500 sq. ft. 1 acre $4,114 to $5,502 $6 to $578 e e Page 3 of Agenda Bill No. /< fAb budgeted in the current Capital Improvement Program; and 0.2 million dollars has bet McClellan Palornar Airport. The remaining 0.7 million dollars is presently unfunded ar contributed by the County of San Diego for drainage improvements adjacent will require funding from other non-fee sources such as the general fund, federal ar state grants, obligation bonds, and assessment districts. The program recommended in this report is directed to the purposes of funding tl construction of drainage and storm water management facilities. The cost to mainta these facilities and the cost to administer the Storm Water Quality Manageme Program are prevented by law from being funded through developer impact fees. Tt cost associated with drainage facility maintenance and administration of the stori Water Quality Management Program will be addressed at a future time. 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 office the City Engineer. 2. Map showing the proposed four new Planned Local Drainage Areas. 3. Ordinance No. NS-q93 adding Title 15 to the Carlsbad Municipal COC to establish Drainage Area Fees and amending Title 20 by the amendment ( Section 20.08.130 and the repeal of Chapter 20.09. LC. Resolution No. Y-d60 approving the Master Drainage and Storm Watt Quality Management Plan dated November 1993 and establishing a Planned LOC Drainage Area Fee. yg-dd/ approving the Negative Declaration for the adoptic 5. Resolution No. of a citywide Master Drainage and Storm Water Quality Management Plan. 6. Notice of Negative Declaration, dated April 30, 1992. 7. Construction Industry Federation letter to City Council dated June 28, 1994. .. PROPOSED PUNNEDLOCAI; DRARVAGZFEEAREAS EXHIB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 -....-I^. - 0 e ORDINANCE NO. NS-293 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 20.08.130 AND THE REPEAL OF CHAPTER 20.09 WHEREAS, a report entitled "Master Drainage and Storm Water Quality Managemc was completed in March 1994 and is incorporated as Exhibit A to this ordinance (he, 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 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 c need for such facilities created by the proposed development and the development property within the Planned Local Drainage Fee Area; and, 111 1 1 2 3 4 5 6 7 a 9 10 11 12 13 I.4 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 WHEREAS, the City Council has found that the Master Drainage Plan provides explanation as to how: 1. There is a reasonable relationship between the fee’s use and the type of dev projects upon which the fees are imposed. 2. There is a reasonable relationship between the need for the Master Planned Facilities and the type of development projects upon which the fees are ir 3. There is a reasonable relationship between the amount of the drainage fec cost of the drainage facilities attributable to development within each of th6 Local Drainage Areas. WHEREAS, the fees so established do not exceed the reasonable costs of cor those facilities and the fees are not levied for general revenue purposes; and, WHEREAS, the City Council has determined that the drainage facilities included 1 Master Drainage Plan have a general benefit to the public insofar as they improve 1 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 E commercial and industrial property and by maintaining the aesthetic environmental b. the City; and, WHEREAS, a pro-rated cost to mitigate existing deficiencies with Master Plan facilities within the existing developed areas will be funded through the imposition of 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 pa have filed written request to be notified of such meeting at least fourteen (14) days pril public hearing; and, WHEREAS, the Finance Director is directed to establish a new fund or funds n to collect the fees so imposed and to maintain said fund or funds and the interest 1 therein and to authorize expenditures for only those projects, bond payments 2 ' 2 3 4 5 6 7 a 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W 0 construction activities set forth in the Master Drainage Plan. The Finance Director is directed to make a report, at least annually, and within sixty (60) days of the close of tk year determining the beginning and ending balances for the fiscal year and the fees, intei other income and amount of expenditure on each public facility. The fees deposited in I or funds shall not be commingled with any other fees or revenue of the City. The I Director is further directed to make this information available to the public and to repoi City Council not less than fifteen (1 5) days after making said information available to thc The Finance Director shall monitor these funds so that, if required, the City Council mz written findings that all or any portion of the fees remaining unexpended or uncommitte fund for five (5) or more years are still necessary and needed for the purposes to which 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 01 follows: SECTION 1: That Title 20, Chapter 20.09 of the Carlsbad Municipal Code is repealed. SECTION 2: That Title 15 entitled "Drainage Ordinance" is added to the C Municipal Code to read as follows: Chapter 15.04 (b) "Building Footprint" mean! gross floor area of a structure measur the ground level elevation within 15.04.01 0 Title confines of the exterior wall surfaces. (c) "Master Drainage Plan" m "Drainage Ordinance." the report entitled "Master Drainage Storm Water Quality Management I 15.04.020 Definitions. dated March, 1994 and any supplem revision or modification thereto as ms following words or phrases shall be approved by City Council Resolution. construed as defined in this section: (d) llOccupancy Permit" mea (a) "Building Permit'' means a permit required or issued pursuar permit required by and issued pursuant to Chapter 18.04 of this code. (e) "Project" means on any pro GENERAL REGULATIONS This Title shall be known as the For the purpose of this Title, the Chapter 21.60 of this code. 3 ' 2 3 4 5 6 7 8 9 lo 1 1 12 13 14 l5 l6 17 18 19 20 21 22 23 24 25 26 27 28 W e subject to this chapter, any new building improvements in a timely ma permit or any redevelopment or remodel concurrent with the need for ! permit wherein the building footprint is improvements. The construction of increased by fifty (50) percent or greater drainage improvements funded by thi! over the existing building footprint. will ensure compliance with the C (9 "Property subject to this chapter" Growth Management standards relatir means any lot or parcel of land in the City, drainage facilities and with the water q\ (9) "Planned Local Drainage improvement requirements of the Nat Facility" means any storm drainage facility, Pollutant Discharge Elimination Sy flood control facility or water quality Permit issued for City storm draii enhancement facility identified in the facilities. Master Drainage Plan including drainage easements, storm drain pipes, inlet 15.08.020 Prohibition of Development and depollutant basins, drop structures, rip chapter, notwithstanding any provisic rap, junction structures, environmental this code to the contrary, no final or p mitigation measures, water quality map shall be approved nor shall monitoring and testing equipment and building permit or occupancy permi other improvements necessary to convey, any project be issued and no person contain or enhance the quality of storm build, use or occupy any project, wil water discharge. first paying the fee established b) (h) "Planned Local Drainage Area" otherwise complying with, this chapte (PLDA) means one of four drainage areas within the City identified within the Master Drainage Plan. Separate Planned Local In addition to any o Drainage Area (PLDA) fees are established requirements for a building pc 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 of the cost of the Planned Local Facility the applicant for a building permit shc Drainage improvements within each (a) Submit a site plan showin! respective PLDA, building footprint of all existing proposed habitable structures on property subject to this chapter togt with a summary of the building fool areas for existing and prop( 15.08.01 0 Purpose. structure (s) . (a) This chapter imposes a fee to (b) Pay the Planned Local Draii pay for various storm drain improvements Area fee established by action of within the City of Carlsbad. The amount of chapter. the fee is based upon engineering analysis (c) Subsections (a) and (b) oi and has been calculated to be equal to or section shall apply to all new buil less than the cost of the drainage construction, to all residential and improvement. The drainage improvements residential remodels, enlargements funded by this fee are designated in the alterations where the proposed buil report entitled "Master Drainage and Storm footprint is increased by fifty (50) pel Water Quality Management Plan" dated or greater over the existing buil March, 1994 on file with the City Engineer. footprint. (b) This chapter is necessary to (d) This section shall not app ensure the completion of storm drainage, property which was subdivided flood control and water pollution control October 16, 1980 and for which structures, outlet structure, sedimentation For any property subject to 1 5.08.030 Application Requirements. Chapter 15.08 DRAINAGE AREA FEE 4 1 2 3 4 5 6 7 8 9 10 1 1 12 13 l4 'ti l6 1 7 18 19 20 21 22 23 24 25 26 27 28 W e subdivider for said property paid or runoff potential for each land received credit for payment of any PLDA fees. designation shall be as indicated v Table 4-3 of the Master Drainage Plar (e) The applicant for a bui 15.08.040 Fee, permit may request adjustment of the \ Area fee schedule shall be established by submittal of a written request to the City Council Resolution and shall be Engineer. The request should incluc considered part of this ordinance. explanation of the reason for the requt (b) A Planned Local Drainage Area adjustment and any documentatio fee shall be paid by the owner or support of the request. Upon review ( developer prior to the issuance of any request, the City Engineer shall deter building permit or occupancy permit or whether to approve or deny the requt prior to final or parcel map approval for a adjustment. project whichever occurs first. The Planned Local Drainage Area fees shall be 15.08.050 Exemption. adjusted annually based upon the January, Projects by public agencie 1994 Engineering News Record Los entities shall be exempt from the provi! Angeles Construction Cost Index of 549.1 3 based on the 1967 average = 100. development, the project owner or Drainage Area Fees colic (a) The Planned Local Drainage fees specified in this chapter of this chapter. (c) If, as a condition of 15.08.060 Use of Fees. developer is required to construct a hereunder shall be segregated acco 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 I 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 01 the adjustments provided for in subsection reimbursement for construction of drai (b) of this section. If the cost of the facilities within the respective Pla 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 fee credit established by this subsection or finance Planned Local Drai 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 01 property subject to this chapter shall be part of the area subject to this chap1 based upon the gross property acreage fund storm drain improvements whicl (including easements and not more than or will be funded in whole or in part b thirty (30) feet of the fronting street fee established by this chapter, the o right-of-way measured at right angles to the or developer of a project may apply ti property line along the full extent of the City Council for a credit against the f street frontage) less any area of an amount equal to the assessmei 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 Agreemenl Plan designation for the property. The The City Council may, a 5 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W m discretion, enter into a reimbursement facility as estimated in the Master Drair agreement with a developer, when said Plan including the adjustments provide developer has constructed a Planned Local in subsection 15.08.040(b), then the Drainage Facility improvement. Council shall revise the facility fee sche Reimbursement shall be made only as fees accordingly. The developer reque! are collected in connection with the reimbursement shall pay or rec development of other property in the same appropriate fee credits based upon Planned Local Drainage Area in which said revised fee schedule. facilities were constructed. The schedule 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 w the adopted Capital Improvement Program otherwise be paid for from fees colle and shall be made at the sole discretion of pursuant to this chapter and reimb 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 This chapter shall be of no fu constructed. The term of reimbursement force and effect when the City Co agreements shall not exceed ten (10) determines that the amount of fees v\ years. The payment of any reimbursement have been collected reaches an am shall be limited to the extent that funds are equal to the cost of the storm t available through the collection of the improvements. PLDA Fees. If the amount of reimbursement exceeds the cost of the of payments for the reimbursement shall 15.08,090 Advance of Funds bv Citv, 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 pursuant to Section 66483 of the Subdivision Map Act. 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 adopi the City Clerk shall certify to the adoption of this ordinance and cause it to be published once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) dz its adoption. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 w e INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Coun on the day of , 1994 by the following vote to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( held on the day of , 1994 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 7 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 ' 5 ' 6 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 W m RESOLUTION NO. 94-260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALI FORNlA APPROVING THE MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN DATED NOVEMBER 1993 AND ESTABLISHING A PLANNED LOCAL DRAINAGE AREA FEE WHEREAS, a report entitled "Master Drainage and Storm Water Quality Manaf Plan" was completed in March, 1994 and is incorporated as Exhibit A to this res (hereinafter referred to as the "Master Drainage Plan"); and, WHEREAS, the Master Drainage Plan estimates the capital costs of construc improvements to implement the City's Storm Drain Program; and, WHEREAS, fees to implement the construction of various storm drain improveme set forth the Master Drainage Plan; and, WHEREAS, the City is authorized pursuant to Sections 65800 et seq, 66OOO et s 6647 0 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 ac and, WHEREAS, the City Council has found that the drainage facility fees proposed p to this ordinance are required for proper development of the City and that the facility a fair and accurate, and that the fees have been fairly apportioned within the fee benef based upon benefits conferred on property proposed for development or on the need 1 facilities created by the proposed development and the development of other propert the Planned Local Drainage Fee Area; and, WHEREAS, the fees so established do not exceed the reasonable costs of coni those facilities and the fees are not levied for general revenue purposes; and, WHEREAS, the City Council has determined that the drainage facilities include 1 7 ’ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 W m the Master Drainage Plan have a general benefit to the public insofar as they impro water quality of the City’s water resources, protect vital thoroughfares from flood da reduce the threat of water born diseases and generally enhance property values by imp routes of commerce and by maintaining the aesthetic environmental balance of the Ci WHEREAS, funds currently exist in separate account, corresponding to the tl existing Planned Local Drainage Areas; and, WHEREAS, the funds which have been collected to date will need to be transferr the new Planned Local Drainage Area Fee accounts; and, WHEREAS, there are no surplus funds in existing Planned Local Drainage Ar accounts; and, WHEREAS, a pro-rated cost of the Master Plan drainage facilities within the t developed areas will be funded through the imposition of drainage area fees on redevelc and remodel projects; and, WHEREAS, this study was available for public inspection and review at least t days prior to this public hearing; and, WHEREAS, the City has mailed notice of this Council meeting to any and all who have filed written request to be notified of such meeting at least fourteen (14) da to this public hearing; and, WHEREAS, the Finance Director is directed to establish a new fund or funds ne 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 c construction activities set forth in the Drainage Master Plan. The Finance Director i! directed to make a report, at least annually, and within sixty (60) days of the close of tl year determining the beginning and ending balances for the fiscal year and the fees, and other income and amount of expenditure on each public facility. The fees dep the fund or funds shall not be commingled with any other fees or revenue of the C 2 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 W W Finance Director is further directed to make this information available to the public i report to the City Council not less than fifteen (1 5) days after making said information av; to the public. The Finance Director shall monitor these funds so that, if required, th Council may make written findings that all or any portion of the fees remaining unexpi or uncommitted in the fund for five (5) or more years are still necessary and needed 1 purposes to which the fee is to be expended and demonstrate a reasonable relatic between that fee and the costs of the improvements. NOW, THEREFORE, BE IT RESOLVED by the Ci Council of the City of Cai California as follows: 1. 2. That the above recitations are true and correct. That the Master Drainage and Storm Water Quality Management Plan November 1993 on file with the City Engineer is hereby approved. 3. That the following Planned Local Drainage Area Fees shall be collectec the limits of the City of Carlsbad upon issuance of any building permits or, redevelopn remodel building permits wherein the building foot-print is increased by fifty (50) perc greater over the existing building foot print. 4. The fees collected pursuant to Chapter 15.08 shall be placed in a gene account designated for use for the improvements designated by this resolution subsequent amendments hereto. Funds shall be allocated for specific projects dui annual capital improvement program budgeting. 3 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 W W 5. The City Council may, at its discretion, enter into a reimbursement agre with a developer, when said developer has constructed a Planned Local Drainage Area. Reimbursements shall be made only as fees are collected in connection with the develc of other property in the same Planned Local Drainage Area. Any request for reimbur! agreements shall consider the schedule for construction of Planned Local Drainag Improvements within the Capital Improvement Program and be made at the sole discrt the City Council. 6. That the Finance Director is hereby directed to transfer funds from the ( Planned Local Drainage Area Fee accounts into the respective new Planned Local Dr Area fee accounts as follows: Existina PLDA New PLDA 1, 3, 4, 5, 6 A B 2, 7, 8, 9, 10, 12, 13 11 C The City Council may advance money from any available source or fund construction of the improvements of this resolution or any amendment hereto and re1 source or fund from the account established pursuant to this resolution. Ill Iii //I ill //I I// Ill /I1 111 Ill 7. 4 t 1 2 3 4 5 6 7 8 9 10 l1 12 '3 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 W 1) 8, The fees established pursuant to this resolution shall become effective effective date of the Drainage Area Fee Ordinance. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 1 held on the 13th day of SEPT. , 1994 by the following Vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil, NOES: None ABSENT: None ATTEST: *L*w!ENmw, (SEAL) 5 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 EXHIBIT 5 RESOLUTION NO. 94-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFC APPROVING A NEGATIVE DECLARATION FOR THE ADOPTION OF A Cfpl MASTER DRAINAGE AND STORM WATER QUALIW MANAGEMENT PIAN CASE NAME: CITY OF CARLSBAD CASE NO: EIA 924 WHEREAS, the Ci Council of the City of Carlsbad did authorize the preparatic new, citywide Master Drainage and Storm Water Quality Management Pian; and WHEREAS, pursuant to the Guidelines for Implementation of the Ca Environmental Quality Act and Environmental Protection Ordinance of the Ci of Carlsb Planning Director of the City of Carlsbad did file a Notice of Negative Declaration project described as Adoption of a Citywide Master Drainage and Storm Water Management Plan; and WHEREAS, the Notice of Negative Declaration was circulated for public review l comments were received. NOW, THEREFORE] BE IT RESOLVED by the Cii Council of the City of C2 California] as follows: 1. That the above recitations are true and correct. //I Ill //I Ill //I I// /// Ill 111 I 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W m 2. That the Notice of Negative Declaration issued by the Planning Direc April 30, 1992, and known as Case No. EIA 92-4, is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City ( held on the 13th day of SEPTEMBER , 1994 by the following Vote, to Wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None AlTEST: ALETHA L. RAUTE (SEAL) 2 W w EXHIBIT NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: City-wide throughout the City of Carlsbad, County San Diego. PROJECT DESCMPTION: Adoption of a City-wide Master Drainage and Storm Wal Quality Management Plan. The City of Carlsbad has conducted an environmental review of the above described pro$ pursuant to the Guidelines for Implementation of the California Environmental Quality P and the Environmental Protection Ordinance of the City of Carlsbad. As a result of SE review, a Negative Declaration (declaration that the project Will not have a significa impact on the environment) is hereby issued for the subject project. Justification for tl action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planni Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from t public are invited. Please submit comments in writing to the Planning Department witk 30 days of date of issuance. If you have Planning Department at (619) 438-1161, e DATED: APRIL 30,1992 CASE NO: EIA 92-4 CASE NAME: PUBLISH DATE: APRIL 30, 1992 CARLSBAD MASTER DMNAGE PLAN MG:h 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-111 w m ENVIRONMENTAL II"ACI' ASSESSMENT FORM - PART 11 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. EIA 92-4 DATE: APRIL 24, 1992 BACKGROUND 1. CASE NAME: CARLSBAD MASTER DRAINAGE PLAN 2. APPLICANT: CITY OF CARLSBAD 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE CARLSBAD. CA 92008 (619) 438-1161 4. DATE EIA FORM PART I SUBMITTED: MARCH 30.1992 5. PROJECT DESCRIPTION: ADOPTION OF A CITY-WIDE MASTER DRAINAGE ANI WATER QUALITY MANAGEMENT PLAN, ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City co Envkomnental Impact Assessment to determine if a project may have a significant effect on the env The Environmental Impact Assessment appears in the following pages in the form of a checkl checklist 8 identifies any physical, biological and human factors that might be impacted by the project and provides the City with information to use as the basis for deciding whether to p Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the any of its aspects may cause a significant effect on the environment. On the checklist, "NO" will b to indicate this determination. An EIR must be prepared if the City determines that there is substantial evidence that any asp project may cause a significant effect on the environment. The project may qualift for a Declaration however, if adverse impacts are mitigated so that environmental effects can bc insignificant. These findings are shown in the checklist under the headings t%S-sig" and tq respectively. * A discussion of potential impacts and the proposed mitigation measures appears at the end of the fc DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to ( mitigation for impacts which would otherwise be determined significant. W rn PHYSICAL ENvIR0"T WILL THE PROPOSAL DIRECTLY OR INDIRECTLY; YES YES NO big) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property X to geologic hazards? - unique physical features? - 2. Appreciably change the topography or any X 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? - - ambient air quality? - movement, odor, moisture, or temperature? - - water (marine, fresh or flood waters)? - - water, ground water or public water supply? - s depletion of any natural resources? - - - 10. Use substantial amounts of fuel or energy? - - - X - x 5. Result in substantial adverse effects on x 6. Result in substantial changes in air x 7. Substantially change the course or flow of x 8. Affect the quantity or quality of surface 9. Substantially increase usage or cause 1 E 11. Alter a sigmficant archeological, paleontological or historical site, E structure or object? - - -2- W W BIOLOGICAL E"MENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YE§ YES NC big) (insig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? - Introduce new species of plants into an area, or a barrier to the noma1 replenishment of existing species? _I E 13. > 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other fannland of state or local I importance? - - 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? - - 1 16. Introduce new species of animals into an area, or result in a barrier to the I migration or movement of animals? - HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: GS E2 N( 17. Alter the present or planned land use I of an area? - 18. Substantially affect public utilities, schools, police, fie, emergency or other I public services? - - -3- W w HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: XgS E$ N( 19. Result m the need for new or modified sewer system, solid waste or hazardous waste E J E control system? - - 20. Increase existing noise levels? - 21. Produce new light or glare? - - 22. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, E pesticides, chemicals or radiation)? - - - human population of an area? for additional housing? - 25. Generate substantial additional traffic? - 23. Substantially alter the density of the > - 24. Affect existing housing, or create a demand E E 26. Affect existing parking facilities, or E create a large demand for new parking? - 27. Impact existing transportation systems or alter present patterns of circulation or 1 1 movement of people and/or goods? - 28. Alter waterborne, rail or air traffic? - vehicles, bicyclists or pedestrians? - - emergency evacuation plans? - - aesthetically offensive public view? - existing recreational opportunities? - 29. Increase traffic hazards to motor E 30. Interfere with emergency response plans or E 31. Obstruct any scenic vista or create an E 32. Affect the quality or quantity of 1 - -4- w 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES YES NC (si@ (insig) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods s - - of California history or prehistory. - 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future,) - - X 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, X - - X - - - either directly or indirectly? -5- 0 0 -DISCUSSION OF ENVIRONMENTAL EVALUATION The proposal involves a master plan of all existing and future major drainage facilitie establishment of fee areas to fund major drainage facility costs. The facilities include underg document does not, in and of itself, allow development to occur. The future facilities shown Master Drainage Plan will be reviewed for potential adverse environmental effects on a case b basis. As such, the adoption of this Master Drainage and Storm Water Quality Management Pk not produce any adverse environmental impacts. PHYSICAL ENVIRONMENT reinforced concrete pipe, concrete channels, er hanced natural channels, and desiltation bash 1. Since this proposal is a master plan document only, and does not entitle any phys development, no grading will occur and no geologic hazards or unstable earth conditions result. No change in topography will result from this master plan and no unique physical features be disturbed at this time. Construction of the drainage facilities in this master plan will undc individual environmental review. No erosion of soils will occur as a result of this document and all site specific erosion poter will be evaluated on a project-by-project basis. The proposed drainage master plan will not affect any beach sands, rivers, or stream channel no physical improvements are proposed at this time. There will not be any adverse effects on ambient air quality since no construction is bt proposed at this time. No change in the surface energy and moisture balances will result kom this master plan sincc improvements listed in this document will undergo individual environmental review. All potential impacts to existing watercourses will be evaluated with each project and incorpon plan. No adverse affects to any surface water or ground water resources, or the public water sui will occur since no construction is being condoned at this time. An incremental increase in the consumption of fossil fuels may accompany construction of drainage facilities, but this will be reviewed during the project specific environmental reviei 2. 3. 4. 5. 6. 7. into the design of the future drainage facilities. No impacts will result fiom this master drain 8. 9. 10. See answer no. 9. 11. The potential for the existence of significant archeological, paleontological, or historical StruCh or objects on future project sites will be reviewed in each project-specific environmental revj The master plan does not, in and of itself, impact any significant features. -6- 0 e BIOLOGICAL ENVIRONMENT 12. Since no site specific development is proposed with this master plan document, the exis diversity of species, habitat or number of plants or animals will not be affected by the adop of the document. 13. No introduction of new species of plants or animals is proposed with the Master Drain therefore no adverse environmental affects are anticipated. 14. No subsequent development referred to in the Drainage Master Plan will occur without SI environmental review, therefore any impacts that individual projects may have on agricultura prime fannland will be assessed duing future project design. 15, See answer no, 12. 16. See answer no. 13. HUMAN ENVIRONMENT 17. The present land use of the City does not change with the proposed Mater Drainage Plan. 18. The proposed Master Drainage and Storm Water Quality Management Plan was drafted to 1 for the future drainage facilities needs. Any affect upon public utilities or public services w( be positive as the existing Drainage Plan is in need of revision. The existing sewer and solid waste systems will not be impacted since the proposed Ma Drainage Plan deals only with drainage facilities. 19. 20. There may be an incremental increase in noise levels due to construction of the facilities in document, however those site specific issues will be addressed upon individual project revif 21. No new light or glare sources are proposed as this document does not approve any spe development. 22. The proposed drainage plan proposes no hazardous or explosive substances and all suggeste will undergo individual environmental review. 23. No residential dwelling units are proposed and, therefore, no significant alteration of hul density will result. 24. The Master Drainage Plan does not, in and of itself, displace any existing housing, nor doc create a demand for additional housing. No adverse impacts to the housing supply or demand result. 25. No traffic will be generated by the proposed drainage facility planning document and, theref no impacts to traffic will result. -7- 0 0 26. No existing parking facilities will be affected by the adoption of this plan and no demand - additional parking will occur. 27. No existing transportation systems or patterns of circulation will be affected by the proposal no adverse impacts to such are anticipated. 28. No waterborne, air, or rail traffic use will be affected by the proposed drainage plan anc adverse impacts to these transportation mediums will occur. 29. All projects suggested by this document will undergo project specific environmental revie1 insure that standard safety practices will be implemented during construction and, as such traffic hazards will result with the approval of this document. 30. No emergency response or evacuation plans will be affected by this Master Drainage Plan an( drainage facility projects will be reviewed individually, therefore no impacts to such will occz this time. 31. Since each project will receive site specific environmental review, and this document does condone any construction at this time, no scenic vistas or public views will affected. 32. No significant recreational opportunities will be impacted by the proposed facility plan since improvements suggested in the plan will undergo site specific environmental review that assess recreational opportunities. No significant fish or wildlife species, habitats, plant communities, or examples of Calif01 history will be affected by the approval of the Master Drainage Plan since this document c suggests development and each project will be reviewed on an individual basis. 34. No short or long term environmental goals are compromised by this document since the docm does not allow specific development and all proposed projects will undergo individual scru with regard to both long and short-term environmental goals. 35. All potential impacts related to the proposed Master Drainage Plan are well below the lev€ significance and do not cumulatively produce significant adverse affects. 36. As discussed above, no significant adverse impacts are anticipated with the proposal, therefore substantial adverse effects on human beings, either directly or indirectly, are expected to oc( 33. , -8- m e Al?ALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH As: . a) Phased development of the project, b) alternate site designs, c) altxnate scale of development, d) alrernate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. a) The document is a City-wide drainage facility planning document, and phasing of draina; facility planning is not a functional alternative. No site designs are proposed at this time therefore no alternatives can be evaluated. The scale of each project has been set by the projected facilities needs but is not fixed. Si project suggested under this plan will be individually reviewed, alternate scales of developi be assessed given all other project specific environmental concerns. The sites identified in the Drainage Mater Plan are typically existing natural draina; features or existing undersized drainage facilities and each site will be reviewed on a si specific basis. Since no development is proposed with this plan, development will be occurring at son future time rather than now. b) c) d) e) f) See d) above. g) The proposed Master Drainage and Storm Water Quality Management Plan is needed 1 update the existing plan and to incorporate all portions of the City into one cohesii drainage plan. The no project alternative would allow the existing outdated plan to remai thus reducing efficiency and prohibiting planning based upon updated facility assessmeni -9- 4 a 0 DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - X I cind the proposed project COULD NOT have a significait effect on the environment, and a h UECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, be environmental effects of the proposed project have already been considered in conjunc previously certified environmental documents and no additional environmental review is Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, not be a significant effect in this case because the mitigation measures described on an attz sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIROP IMPACT REPORT is required. 4-27-92- 4- 7 7-95 Date Date MG:h LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -10- LAnlDlI I CONSTRUCTION June 28,1994 FEDERATION INDUSTRY The Honorable Mayor and Councilmembers City of Carlsbad 1200 Carlsbad Village Dtive Carlsbad, California 92008 Re: Dear Honorable Mayor and Cwncilmernbers: The Construction Industry Federation apprechtes the opportunity to offer its support for the Mi--ter Drainage and Storm Water Quality Management Plan that has kn under development for the past two ymrs. Agenda Item 19 - Master Drainage and Storm Water Quality Management Phn The Federation has been involved in workshops and discussions with your staff during the evolution of the Plan, Our major c~ricms with a previous draft cenrered around questions about requiring new development projem to pay for existing d&iciences and the we of $3.1 million m previously cobted PLDA funds to pay for new facilities. Both mnc&rns have been adequately addressed in the Wt draft Plan, We would like to offer our appreciation to City staff - particularly David Houser - for the time and effort in working with us in the development of the final Plan. Wdingly, we suppart the scheduling of a public hearing for the new Drainage Ordinance and suppun its uitimate adoption by your Council. .- RBPRESrnG 4l3uiwbg-- clrs;aim- . xyEtm /2- Tom Sheffer Executive Director Construction Indusrry Federation 0 OQ ! 0 a September 12, 1994 To: City Manager GR. From: Assistant City Engineer w REVISION TO MASTER DRAINAGE PLAN ORDINANCE NS-293 Councilmember Finnila expressed concern that the phrase "routes of commerce" found on line 14 page 2 of the recitals to proposed ordinance NS-293 for the remedy any ambiguity, we recommend that the phrase be revised to read as follows: Master Drainage and Storm Water Quality Management Plan is too ambiguous. To "access to commercial and industrial property" Attached is a new sheet containing pages 1 and 2 of proposed Ordinance NS - 293 (page 4 and 5 of the agenda bill) with the revised wording as noted above. Please distribute to the City councilmembers as appropriate. David Hauser Assistant City Engineer cc City Engineer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 l8 19 tAHlB1T 3 0 rn ORDINANCE NO. NS-293 AN ORDINANCE OF THE CIN 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 20.08.130 AND THE REPEAL OF CHAPTER 20.09 WHEREAS, a report entitled "Master Drainage and Storm Water Quality Managemc was completed in March 1994 and is incorporated as Exhibit A to this ordinance (he referred to as the 'Master Drainage Plan'; and, WHEREAS, the Master Drainage Plan estimates the capital costs of constn improvements to implement the City's Storm Drain Program; and, WHEREAS, the Master Drainage Plan also includes a section requiring the implerr of a Storm Water Qualrty Management Program pursuant to the Clean Water Act and the 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 1 66410 et seq of the Government Code of the State of California to establish facility fee 1 purpose of constructing public facilities needed or impacted by private development a I1 22 I 1 to this ordinance are required for proper development of the City and that the facilrty c fair and accurate, and that the fees have been fairly apportioned within each Plannc 25 26 27 28 1 need for such facilities created by the proposed development and the development property within the Planned Local Drainage Fee Area; and, Ill 1 . i 1 2 3 4 5 6 7 a 9 10 11 12 l3 l4 15 16 17 11 18 I/ e e 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 devdopment within each of the I 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 w Master Drainage Plan have a general benefit to the public insofar as they improve th quality of the City’s water resources, protect vital thoroughfares from flood damage, red threat of water born diseases and generally enhance property values by improving ac commercial and industrial property and by maintaining the aesthetic environmental bal the City; and, WHEREAS, a pro-rated cost to mitigate existing deficiencies with Master Plan d facilities within the existing developed areas will be funded through the imposition of dl 20 21 22 23 24 25 26 27 28 WHEREAS, this study was available for public inspection and review at least ten (1 ( prior to this public hearing; and, WHEREAS, the City has mailed notice of this Council meeting to any and all partic have filed written request to be notified of such meeting at least fourteen (14) days prior public hearing; and, 1 WHEREAS, the Finance Director is directed to establish a new fund or funds nec to collect the fees so imposed and to maintain said fund or funds and the interest co therein and to authorize expenditures for only those projects, bond payments or I 2 r : “Quality You Can Trust” e K&K t@iZF ABORA Ab& BEE! To: cp;RLsBAD CITY COUNCIL Re: City Council Meeting 9/13/94 Water Runoff Plan Proposal Dear Mayor Lewis and Council Members, I am writing to express my concerns on behalf of my business reyarding the Plan through a new tax on a select group of property owners. ?“ne tax burden placed upon K & K Laboratories, Inc., by government at a11 levels, including i of 1% of gross sales annually, has been greatly increased over the last decade by the imposition of “fees,” a euphemism for taxes. In the midst of difficult economic times and a highly competitive business environment, another $4,000 or $5,000 tax increase is an expense my company can ill afford. My second concern is with the fairness of the proposed distribution of the new tax burden. If the language in the September 11th edition of the BladsCitizen is accurate, the fees will be impOsed upn single family residence lots of 7,500 square feet and over and upon one-acre-plus industrial properties. This appears to exempt multi-family dwelling properties (condos and apartments) and conmxcial, as opposed to industrial, properties. From a layman’s pint of view, it seems that high density acre-for-acre basis than single family dwellings which have yards and landscaping. Likewise, cmercial properties are generally covered by structures and paving and are no mre likely to hold runoff than similarly covered industrial sites. Plaza Camino Real certainly contributes vastly more runoff than my property on Tyler Street. I would like to offer several suggestions for the council’s consideration. First, that the 80% of the costs attributed to new developnt be born by the developers. Second, that all properties be assessed for their contribution to the runoff problem and that no classes of business or private residences be exempt, regardless of size, and that fees be apportioned strictly according to acreage. In this way, there will be no protected classes of business and smaller property owners will not bear the costs of a city wide problem, while large property owners, such as shopping centers, are let off the hook proposal to fund the Master Drainage and Storm Water Quality myement residential property, with parking lots, contributes more runoff on an by selective imposition of fees. Respectfully submitted, @//g Alex Kononchuk, jr. Plant Manager -----., _- ^_---- -.-.--.- ^. ----- T - August 30, 1994 Donald R. Worley, Esq. Worley, Schwartz, Garfield & Rice 1150 First Interstate Plaza 401 "8" Street San Diego, CA 92101-4245 REQUEST FOR NOTICE In accordance with your letter dated August 17, 1994 requesting notification, I am enclosing a copy of a Notice of Public Hearing. The notice sets a public hearing before the Carlsbad City Council regarding approval of a Master Drainage and Storm Water Quality Mangement Plan and adoption of Planned Local Drainage Area Fees. The public hearing will be held on September 13, 1994, and the person to contact for additional information on the item is Mr. Steve Jantz at 438-1 161 , ext. 4354. d%"k&Z%%a City Clerk Ir enc. 1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 (61 9) 434-280 PROOF OF PUBLICATION (201 5.5 C.C.P.) STATE OF CALIFORNIA County of San Oiego I am a citizen of the United States and a resident of the County aforesaid: 1 am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Blade-Citizen This space is for the County Clerk's RfiW s Proof of Publication Of Notice of Public Hearing a newspaper of general circulation. printed and the City of Oceanside and the North County Judicial district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of Sari Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Oiego, State of California. (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: published daily in the City of Oceanside and qualified for under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy August 26, 1994 I certify [or dectare) under penalty of pefluv that the foregoing is true and correct. Dated at Oceanside,California, this .Xday of August, 1994 ---------- --- BLADE-ClTiZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 - (619) 433-7333 _____________________-__------------------- ----------------~-.--~-~---------------- NOTICE OF PUBLIC HEAMIN6 MPROW OF MASTER DRAINAGE AN0 STORM WATER QUALITY MANAGEMEM Pun AN0 AOOPTION OF PLANNED LOCAL DRAINAGE AREA RES. NOTICE IS HEREBY GlMN that the city council of the city Of Carlsbad will hold a public hearing at the city COUnCil Chambers, 1200 Carlsbad Ullage Drive. Carlsbad, CA, at 6 03 pm, on Tuesday, September 13, 1994, to consider approval of the Negative Declaration for the Citywide Master Drainage and Storm Water Quality Management Plan: and adoption of the Citywide Master Drainage and storm Water Quality Management Plan for the Chy of Carlsbad and adoption of new Planned Local Drainage Area Fees throughout the City please contact Steve Jana, in the Engineering Department, at 2075 Las Patmas Dr Carlsbad, CA, or phone 438-1 161, extension 4354 If YOU challenge the Negabve Declaration, the Citywide Master Drainage and Storm Water Quality Management Plan and/or the Planned Local Drainage Area Fees in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this nobce or In written correspondence delivered to the city of Carisbad City Clerk's Office at, or prior to, the public hearing APPLICANT C~ty of Carlsbad If You have any questions regarding this matter, Legal 40275 August 26, I 994 .. . i * PROOF OF PUBLICATION - (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, matter. I am the principal clerk of the printer of and not a party to of interested in the above-entitled Blade-Citizen a newspaper of general circulation, printed and puciisiiea aaiiy in itis CRY oi Oceansiae ana quaiiiied for This space is for the County Clerk's Ring s II Proof of Publication of Notice Of Public Hearing the City of Oceanside and the North County Judicial district with substantial circufation in Bonsall, Failbrook. Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County a newspaper of general circulation by the Superior of sa,, 0ieGo, and which newspaper has been &judged Court of the County of San Diego, State of California, under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been newspaper and not in any supplement thereof on the following dates. to-wit: pubfished in each regular and entire issue of said August 26, 1994 \ certify (or declare) under penalty of pejury that the foregoing is true and correct. Dated at Oceanside,Califomia, this &day of August, 1994 . _____________________---------------------- ---------. ----_--------------------------- NOTICE OF PUBLIC HEARING MRWM ff MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN AND ADOPTION OF PLANNED LEAL DRAINAGE AREA FEES. I NOTICE IS HEREBY GlMN that the city council of the city Of Carlsbad will hold a public hearing at the CQ COUnCil Chambers, 120Cb Carlsbad Village i Drive, Carlsbad CA, at 6fll pm. on Tuesday, I September 13, 1334, to consider approval of the Negative Declaration for the Citywide Master Drainage and Storm Water Quality Management Plan, and adoption of the Citywide Master Drainage and Storm Water Quality Management Plan for the city of Carlsbad and adoption of new Planned Local Drainage Area Fees throughout the City If you have any questions regarding this matter, Please Contact Steve Jants. in the Engineering Department. at 2075 Las Palmas Dr Carlsbad, a, or phone 438-1 161, extension 4354 If YOU challenge the Negative Declaration, the Citywide Master Drainage and Storm Water Quality Management Plan and/or the Planned Local Drainage Area Fees in court, you may be limited to raising Only those issues raised by you or someone else at the public hearing described in this notice or In Written correspondence delivered to the City of ---- /L& .=--- I Signature *--gs ---------- i BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. 80x 90 Oceanside, CA 92054 - (619) 433-7333 Carisbad City Clerk's Office at, or prior to, the public hearing APPLICANT City of Carlsbad Legal 40275 August 26, I 1994 .a ). b 0 e 8 NOTICE OF PUBLIC HEARING APPROVAL OF MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN AND ADOPTION OF PLANNED LOCAL DRAINAGE AREA FEES NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will holc a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive Carlsbad, California, at 6:OO P.M., on Tuesday, September 13, 1994, to considei approval of the Negative Declaration for the Citywide Master Drainage and Storr Water Quality Management Plan; and adoption of the Citywide Master Drainage anc Storm Water Quality Management Plan for the City of Carlsbad and adoption of neh Planned Local Drainage Area Fees throughout the City. If you have any questions regarding this matter, please contact Steve Jantz, ir the Engineering Department, at 2075 Las Palmas Drive, Carlsbad, CA, or phone 438- 1161, extension 4354. If you challenge the Negative Declaration, the Citywide Master Drainage and Storn Water Quality Management Plan and/or the Planned Local Drainage Area Fees ir court, you may be 1 imi ted to raising only those issues raised by you or someont delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing t APPLICANT: City of Carlsbad PUBLISH: August 26, 1994 CARLSBAD CITY COUNCIL else at the public hearing described in this notice or in written correspondence 1 c) b ' NOTICE OF PUBLIC HEARIN 1 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a publi hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue: Carlsbad, California, at 6:OO p.m. on Tuesday, , 1994, to conside approval of a citywide Master Drainage and Storm Water Quality Management Plan for th City of Carlsbad and adoption of new Planned Locd Drainage Area Fees throughout th City. The items to be considered are more particularly described as follows: 1. Introduction of Ordinance No. NS adding Title 15 to the Carlsba, Municipal Code to establish Drainage Area Fees and amending Title 20 b the amendment of Section 20.08.130 and the repeal of Chapter 20.09. 2. Adoption of Resolution No. approving the Master Drainage an Storm Water Quality Management Plan, dated March 1994 and establishin a Planned Local Drainage Area Fee. 3. Adoption of Resolution No. approvhg the Negative Declaration fo adoption of a citywide Master Drainage and Storm Water Qualit Management Plan. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report and Master Drainage and Storm Water Qualiq Management Plan will be available on and after ,1994 at the Engineerhi Counter of Community Development Services Building located at 2075 Las Palmas Drive If you have any questions, please cd Steve Jantz in the Engheering Department at 438 1161, ext. 4354. If you challenge the Planned Local Drainage Area Fees in court, you may be limited tc raising only those issues you or someone else raised at the public hearing described in thi notice or in written correspondence delivered to the City of Carlsbad at or prior to thc public hearing. CASE FILE: FC-20 APPLICANT: City of Carlsbad PUBLISH: CITY OF CARLSBAD CITY COUNCIL