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HomeMy WebLinkAbout2001-02-13; City Council; 16062; Fees For Bridge & Thoroughfare District No. 2\B# i/o; &a IIITG. 2/l 3/o 1 IEPT. ENG CITY OF CARLSBAD - AGENDA BILL TITLE- APPROVE ENGINEER’S REPORT, DECLARE -‘INTENTION TO UPDATE AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE), ADOPT THE MITIGATED NEGATIVE DECLARATION, SET PUBLIC HEARING AND APPROPRIATE ADDITIONAL FUNDS FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 DEPT. HDlw CITY ATTY. &L CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. s&) I- approving the Engineer’s Report, declaring the City’s intention to update and modify the fees for Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane), adopting the Mitigated Negative Declaration, setting the date, time and place for a public hearing on the proposed update and modification of such fees and appropriating additional funds for Bridge and Thoroughfare District No. 2. ITEM EXPLANATION: Bridge and Thoroughfare District No. 2 (Aviara Parkway - Poinsettia Lane) (“B&TD No. 2”) was initially formed and the levy and collection of fees for the District was approved following a duly noticed hearing by the City Council on July 8, 1997. This financing program is required pursuant to conditions of approval for Local Facilities Management Plans (LFMP) for Zones 5, 19, 20 and 21. Since that date, several developments have either paid their fees or received credit for reimbursement of eligible costs for a portion of the authorized roadways as development has occurred. The costs to acquire the land for right-of-way and to construct these arterial roadways have increased significantly and the amount of development within B&TD No. 2 has changed since the original formation of B&TD No. 2 and the approval of the fees for B&TD No. 2. It is necessary to update the initial Fee Study Report dated April 3, 1997 and revise the fees in order for B&TD No. 2 to remain solvent. The updated fee program must be approved by the City Council after a public hearing is held in order to ensure that the properties within B&TD No. 2 which are subject to the levy of the B&TD No. 2 fees pay their proportionate share of the revised costs necessary to acquire the right-of-way for the authorized improvements and to construct such improvements. The B&TD No. 2 fees will finance a portion of the cost of existing and proposed construction of Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara Parkway to El Camino Real (the “Improvements”). The proposed Improvements include full width grading, paved road surface for two inside lanes, median curbs, erosion control and temporary outside asphalt berms. The remaining two outside paved road surface lanes either have been or will be constructed by developers as required. All of Aviara Parkway and portions of Poinsettia Lane have either been constructed or are currently being constructed by developers. Reaches C and E of Poinsettia Lane are the two remaining road segments that, when constructed, will create a circulation system roadway connecting Interstate 5 to El Camino Real. No detailed schedule for the construction of the Improvements is available at this time. The completion of the two remaining road segments in Poinsettia Lane may be constructed incrementally by developers in response to the needs of the various developments. B&TD No. 2 funds may be used to reimburse developers for their costs. If the B&TD No. 2 fees are not updated and modified as proposed, it is undetermined how the missing road segments in Poinsettia Lane will be financed or constructed. The attached Engineer’s Report dated January 2,2001, includes a District Boundary Map, found in Appendix C of the report, which shows the area of benefit for the district. The boundaries include all properties within LFMP Zones 20 and 21, as well as portions of Zones 5 and 19. In addition to describing the boundaries of B&TD No. 2, the Engineer’s Report describes the Improvements to be funded from the B&TD No. 2 fees, provides a detailed estimate of the current costs for the Improvements, apportions the costs to the properties within B&TD No. 2 and establishes a schedule of fees to be collected. 1 Page 2 of Agenda Bill No. I The following table reflects the differing improvement obligations required by each of the four LFMP’s. The initial B&TD No. 2 fee has been revised annually to reflect the Engineering News Record Index. The initial, current and recommended updated fees are as follows: This proposed fee may be adjusted in the future based on changes in construction cost as measured by the Enuineerino News Record construction cost index for the Los Angeles area or land acquisition costs as described in Appendix F of the Report. The fees may also be adjusted in the future based on changes in development such as a density change resulting from a general plan amendment or an unexpected increase in construction costs. Adjustments of this later type will require approval of the Council at a duly noticed public hearing. Existing residences, located within the B&TD No. 2 boundaries, are excluded from the payment of the B&TD No. 2 fee. Developers who construct a portion of the Improvements will receive a direct credit against the payment of their B&TD No. 2 fees. If the cost of the Improvements constructed by a developer exceeds the B&TD No. 2 fee obligation for the development for which the Improvements were constructed, the developer is eligible for a reimbursement of the difference from the proceeds of the B&TD No. 2 fee program. Such reimbursement will occur in accordance with established City policy at the time the reimbursement is requested. Several property owner meetings have been held to discuss the report and obtain input from the property owners in B&TD No. 2. The most recent meeting was held on January 2, 2001. Upon adoption of this resolution, a notice of hearing will be mailed to all property owners inside B&TD No. 2, as well as property owners within 300 feet of the boundaries of B&TD No. 2 as required by law. Only protests from those property owners inside B&TD No. 2 will be counted to determine whether a majority protest exists from the area of land to be benefited from the proposed Improvements. With the consent of Council, the public hearing on the proposed update and modification of the fees for B&TD No. 2 will be held at their regularly scheduled meeting on March 13, 2001. ENVIRONMENTAL REVIEW: The update and modification of the fees for B&TD No. 2 has been deemed to be subject to the requirements of the California Environmental Quality Act (CEQA) since it will create new rates or charges that will be used to finance capital improvements. The environmental issues/impacts and mitigation measures associated with nearly all of the subject capital improvements (Reaches 1, 2 and 3 of Aviara Parkway and Reaches A, B, C, D, F and G of Poinsettia Lane) were identified in prior environmental documents (i.e., EIRs, Mitigated Negative Declarations and Negative Declarations as identified in the Initial Study Checklist prepared for this project) and were certified in conjunction with prior development projects. A Notice of Prior Environmental Compliance has been prepared concerning those components of the project. For that component of the project where no prior environmental review has been conducted, Reach E of Poinsettia Lane, a Mitigated Negative Declaration (EIA 00-09) has been prepared. Potential significant impacts will be mitigated to a level of insignificance through the incorporation of mitigation measures. The Notice of Prior Compliance and the Notice for the Mitigated Negative Declaration have been circulated for the required 30-day public review and comment period. A copy of the Mitigated Negative Declaration (EIA 00-09) is on file with and can be reviewed at the Planning Department. Page 3 of Agenda Bill No. \ d,&~ FISCAL IMPACT: B&TD No. 2 will generate that portion of the funds allocable to the undeveloped properties within B&TD No. 2 which are needed to finance the construction of the Improvements or to reimburse developers for the construction of those portions of Aviara Parkway and Poinsettia Lane described in the Engineer’s Report. The total estimated cost of Aviara Parkway and Poinsettia Lane improvements amounts to $21,840,969. Funds will be raised as new development occurs within B&TD No. 2 and fees are collected at the time building permits are issued. The City will contribute funds for the proportionate share of the costs allocated to publicly owned parcels as well as the incremental cost between the updated fee and the actual fee previously paid by existing development or credited against the fee obligation due to construction of a portion of the Improvements by existing development. Staff recommends that these additional funds be appropriated in the future from the following funds. These additional appropriations will not impact funding availability for projects currently shown in the CIP. Public Facilities Fund (PFF) Gas Tax $1,269,475 Poinsettia Community Park $ 970,620 2 Carlsbad Unified School District schools (Elementary & Middle School) CMWD Water Connection Fees $ 11,807 2 water reservoir sites Gas Tax (reduced by interest earned) $2,337,000 Previously paid or credited parcels Total $4,588,902 The City received funds in the amount of $410,000 from the Cobblestone development to pay for right-of-way costs on the Kelly parcel. Staff recommends that these $410,000 of additional funds be appropriated in the current Fiscal Year for the project account. Additional appropriations will be requested for future fiscal years as a part of the Capital Improvement Program. EXHIBITS: 1. 2. Order of Procedure. Resolution No. e approving the Engineer’s Report, declaring the City’s intention to update and modify the fees for Bridge and Thoroughfare District No. 2 (Aviara Parkway- Poinsettia Lane), adopting the Mitigated Negative Declaration, setting the date, time and place for a public hearing on the proposed update and modification of such fees and appropriating additional funds for Bridge and Thoroughfare District No. 2. 3. Engineer’s Report dated January 2, 2001, including the District Boundary map attached as Appendix “C” to the report. 3 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 ORDER OF PROCEDURE CITY OF CARLSBAD BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) DATE OF MEETING: FEBRUARY 13,200l STAFF: CITY COUNCIL: Presentation of Engineer’s Report for update and modification of Bridge & Thoroughfare District No. 2 consisting of the following: Boundary Map Description of improvements s Updated Cost estimate Method of apportionment for distribution of costs ADOPT RESOLUTION APPROVING THE ENGINEER’S REPORT, DECLARING THE CITY’S INTENTION TO UPDATE AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE), ADOPTING THE MITIGATED NEGATIVE DECLARATION, SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED UPDATE AND MODIFICATION OF SUCH FEES AND APPROPRIATING ADDITIONAL FUNDS FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2. *** PROPOSED SCHEDULE: zEBRUARY 13,200l: ADOPT RESOLUTION vlARCH 13,200l: PUBLIC HEARING *** RESOLUTION NO. 2001-48 (VOID - Item referred back to staff. ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ENGINEER’S REPORT, DECLARING THE CITY’S INTENTION TO UPDATE AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POlNSEll-IA LANE), / ADOPTING THE MITIGATED NEGATIVE DECLARATION, / SETTING THE DATE, TIME AND PLACE FOR A PUBLIC” HEARING ON THE PROPOSED UPDATE OF SUCH FEES AND APPROPRIATING FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2. 8 WHEREAS, the City Council of the City of Carlsbad, California,,$ considering the update / 9 and modification of the fees authorized to be levied and collected wittin Bridge and Thoroughfare /’ I 1o District No. 2 (nB&TD No. 2”); and /.. ‘ .Y 11 WHEREAS, any increase in the B&TD No. 2 fees whi,ch may result from the update and .i 12 modification of the existing fees is not subject to Article Xl&6 of the California Constitution; and 13 WHEREAS, at this time there has also been s&‘mitted a “Report” of the Engineer, said “Report” generally setting forth the following: ,/ ’ 14 A. Boundary map of area of benefit>// 15 B. Description of proposed publi Improvements; ,d 18 C. Updated estimate of cost f# said improvements; ,’ 17 D. Method and apportion$kt for distribution of costs based upon benefits received 18 from the proposed public improve&kits; and 19 WHEREAS, at this tim / the City Council of the City of Carlsbad, California, is now ready 2. to approve the “Report” avsubmitted by the Engineer and proceed to set a time and place for a 21 d public hearing to con?’ er the proposed update and modification of the B&TD No. 2 fees; and 22 23 e City Council finds that the Mitigated Negative Declaration for proposed n of the B&TD No. 2 fees (EIA 00-09) which was prepared, published and 24 ing Department reflects the independent judgment of the City Council of 25 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 26 RECITALS 27 SECTION 1. That the above recitals are all true and correct. 1 IMPROVEMENTS 2 SECTION 2. That this City Council does hereby declare its intention to (proceed to .i 10 11 12 13 14 15 16 17 18 19 ' 20 21 22 23 24 25 26 authorize the update and modification of the fees authorized to be levied and c$ected within B&TD No. 2 for the purpose of financing certain of the costs and expenses dtating to certain / public improvements in B&TD No. 2. A general description of the improver&nts to be funded is as follows: jl’ i The construction of major thoroughfare arterial street <,j provements in AVIARA PARKWAY from POINSETTIA LANE to PALOMAR AIRPORT ROA’D and in POINSETTIA LANE from AVIARA PARKWAY to EL CAMINO REAL. The works offiprovement will include full width grading of the roadway, paved road surface for two lanes foot paved section on each side of median for a total of 36 feet paved section), transition ement section at major intersections, .I median curbs, erosion control, outside asphalt pk rms, street drainage facilities (with the exception that drainage facilities in Aviara Parkw which are included in the City’s Drainage Fee Program have been deleted), culverts, te P porary drainage in parkway, design, contract administration, fee administration, constru ion inspection, construction engineering, mitigation measures and land acquisition. The oregoing improvements may be referred to as the “Improvements.” / / “REPORT’ SECTION 3. The ‘f&port”, as submitted by the Engineer, is hereby approved and adopted by this City Cou open for public “MAP That a map of the District, showing the boundaries and area of benefit of istrict and lands and property to be charged to pay the costs and expenses of the designated as “BOUNDARIES OF BRIDGE AND THOROUGHFARE PARKWAY-POINSElTIA LANE)” is included as Appendix “C” to the 27 Rep&t, and the same is hereby approved and adopted. 28 III III 1 COST ESTIMATE ,.,’ 2 SECTION 5. The cost estimate, as set forth in the “Report” of the Engineer:reflects the j’ 3 total updated estimated costs for the Improvements, and the method of fee alloc&on represents I 4 a fair method of allocation of the costs to the area of benefit. The updated estimated cost of the 5 Improvements is $21,840,969. 8 COST ALLOCATION i; / 7 SECTION 6. The above fees, as set forth in the “Repoltx/of the Engineer, shall be /’ 8 9 10 11 12 applicable to all property within B&TD No. 2, except for parcels { th existing building permits that are exempt from the fee, and said fees shall be payable a permit for the property or portions of the property to be ji condition of issuing a building dy eloped with the exception that fees in Zone 19 have been satisfied by the construction o J a portion of Poinsettia Lane within the boundaries of Zone 19 as a condition of the Aviara ase Ill tentative map. 13 14 SECTION 7. The City California, hereby adopts the 15 18 17 18 Mitigated Negative (EIA 00-09) which inspection. sed update and modification of the B&TD No. 2 fees nd is on file with the Planning Department for public PUBLIC HEARING 19 20 21 22 VEN THAT TUESDAY, THE 13”’ DAY OF MARCH, ., IN THE REGULAR MEETING PLACE OF THIS BERS, CITY HALL, 1200 CARLSBAD VILLAGE CALIFORNIA, IS THE TIME AND PLACE FIXED TO CONSIDER 23 24 25 28 27 28 WHETHER OR N6T TO PROCEED TO UPDATE AND MODIFY THE FEES AUTHORIZED TO BE LEVIED / ND COLLECTED WITHIN BRIDGE AND THOROUGHFARE DISTRICT NO. 2 $ (AVIARA P d RKWAY-POINSETTIA LANE), AND TO CONSIDER PROTESTS OR OBJECTIONS GENE,/ LLY TO THE BOUNDARIES OF THE DISTRICT, THE ESTIMATED COST FOR THE WORkS OF IMPROVEMENT AND THE METHOD AND APPORTIONMENT OF THE FEE TO PAY FOR SAID IMPROVEMENTS, AND TO CONSIDER WHETHER THE OWNERS OF MORE THAN 1/2 OF THE AREA OF THE PROPERTY TO BE BENEFITED BY THE PROPOSED 1 IMPROVEMENTS HAVE PROTESTED AGAINST THE SAID IMPROVEMENTS, .OR ANY 2 PORTION THEREOF, AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED 3 PROCEEDINGS; AND ANY AND ALL PERSONS INTERESTED MAY FILE/A WRITTEN 4 PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO ;HEREIN; AND IF 5 PROTESTS BY OWNERS 0~ MORE THAN K OF THE AREA OF THE PROPERTY TO BE /’ 6 BENEFITED FROM THE IMPROVEMENTS ARE FILED AND NOT WITHDRAWN SO AS TO 7 REDUCE THE AREA REPRESENTED TO LESS THAN % OF THAT TG’BE BENEFITED, THEN / 8 THE PROPOSED PROCEEDINGS SHALL BE ABANDONED’ PURSUANT TO THE g PROVISIONS OF SECTION 66484 OF THE GOVERNMENT CODE OF THE STATE OF / 1o CALIFORNIA AND SUCH FEES WILL NOT BE UPDATED AN#MODIFIED AS PROPOSED. /’ 11 NOTICE /’ 12 SECTION 9. Notice of the public hearing shall bfgiven pursuant to Section 65091 of the J 13 Government Code of the State of California, and saidnotice shall contain preliminary information 14 relating to the boundaries of B&TD No. 2, t f estimated costs and ‘method of the fee 15 apportionment. For particulars, notice shall be&en in the following manner: 18 A. Mailing Notice of Pu ic Hearing to all owners of real property within the 9 pi 17 boundaries of B&TD No. 2, said mailin to be completed at least ten (10) days prior to the date 18 set for the public hearing; B. / Mailing No ce of Public Hearing to any local agency expected to provide 19 water, sewage, streets, roa , 20 schools or other essential facilities or services to the project whose ability to provid those facilities and services may be affected, said mailing to be 21 completed at least te 10) days prior to the date set for the public hearing. 22 ,/ C. ’ Mailing Notice of Public Hearing to all owners of real property as shown on 23 the latest equ ized assessment roll within 300 feet of the boundaries of the District, said mailing 24 to be corn eted at least ten (10) days prior to the date of the public hearing. 25 /' D. Publication of the Notice of Public Hearing, said publication to be 28 :' wmpieted at least ten (10) days prior to the date set for the public hearing. 27 1 2 3 4 5 8 7 8 9 10 ll- 12 13 14 15 18 17 18 19 20 22 23 24 25 28 27 28 SECTION 10. For any and all information relating to these pyceedings, including information relating to protest procedur he below designated person: DAVID HAUSER SECTION 11. That th $410,000 from the Bridge and cted to appropriate PASSED, APPROVED at a regular meeting of the Carfsbad City Council 2001 by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: / . WOOD, City Clerk (SEAL) CITY OF CARLSBAD UPDATED FEE STUDY REPORT FOR BRIDGE AND THOROUGHFARE DISTRICT No. 2 (AVIARA PARKWAY - POINSETTIA LANE) January 2,200l * Prepared By GALEN N. PETERSON Consulting Engineer San Diego, California (858) 487-7000 TABLE OF CONTENTS SECTION PAGE Purpose ................................................................................................................................. .1 Process .................................................................................................................................. 1 Background ............................................................................................................................ 1 Improvements ........................................................................................................................ .2 Cost Estimates ....................................................................................................................... 2 Boundaries of B&TD No. 2 ....................................... .:.............................................. ............. .2 Methodology to Determine Fee ............................................................................................... 3 B&TD No. 2 Fee Program ....................................................................................................... 4 APPENDIX A B c D E F G Location Map Cost Estimates Boundaries of B&TD No. 2 Analysis of Trips SANDAG Guide for Traffic Generation Rates Methodology to adjust B&TD No. 2 fee for increase in cost of land acquisition Glossary CITY OF CARLSBAD PURPOSE UPDATED FEE STUDY REPORT FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE) The purpose of this report is to update the actual and estimated remaining cost, estimate the amount of remaining development and then allocate the cost to each parcel within the boundary of Bridge and Thoroughfare District No. 2 (B&TD No. 2) which has not previously paid their fees for B&TD No. 2, to finance the construction of the following two major arterial roadways: Poinsettia Lane between Aviara Parkway and El Camino Real and Aviara Parkway between Palomar Airport Road and Poinsettia Lane. This financing program is required pursuant to conditions of approval for Local Facilities Management Plans (LFMP) for Zones 5, 19, 20 and 21. All of Aviara Parkway and portions of Poinsettia Lane have either been constructed or are currently being constructed by developers. Only Reaches C and E of Poinsettia Lane, as shown on the Location Map in Appendix A, remain to be constructed. These two remaining reaches are currently under design. The costs to acquire the right-of-way for and to construct these arterial roadways have increased significantly and the amount of development within B&TD No. 2 has changed since the formation of B&TD No. 2. It is necessary to update the initial Fee Study Report dated April 3, 1997 and modify the fees accordingly. PROCESS B&TD No. 2 was originally formed and the levy and collection of B&TD No. 2 fees was authorized following a duly noticed hearing by the City Council on July 8, 1997. Since that date, several developments have either paid their fees or received credit for reimbursement of eligible costs for a portion of the authorized roadways as development has occurred. This updated Fee Study reflects the updated costs and the number of average daily trips to reflect current conditions within B&TD No. 2. The updated fee program must be approved by the City Council after another hearing is held in order to modify the B&TD No. 2 fees. The fee will be collected with the issuance of all future building permits within the Fee Area (defined below). In lieu of fees, construction of all or a portion of the Aviara Parkway and Poinsettia Road improvements will be required prior to or concurrent with the issuance of building permits for development within the Fee Area. If such construction is required, credits and/or reimbursements may be given for actual costs incurred subject to limits as further defined in this report. BACKGROUND As a result of approved Local Facilities Management Plans (LFMP) for Zones .5, 19, 20 and 21, conditions were imposed requiring the development of a comprehensive funding mechanism for the construction of Poinsettia Lane and Aviara Parkway within the boundaries of the above- mentioned zones. This funding mechanism must be approved and adopted prior to the recordation of a final map within the affected zones. Both roadways are considered “developer funded” since only a portion of the roadways will be included within the City’s Capital Improvement Program. Poinsettia Lane is classified on the Circulation Element of the General Plan as a four lane, 102 feet right-of-way, major east/west arterial serving undeveloped property S&TD No. 2 Updated Fee Study Report 1 south of Palomar Airport Road. Poinsettia Lane bisects LFMP Zones 19, 20, and 21 as a connection between Aviara Parkway and El Camino Real. The eastern link of Poinsettia Lane serves as the main arterial for future development in LFMP Zones 10, 17, and 18. Aviara Parkway is a north/south roadway classified as a major arterial on the City’s Circulation Element of the General Plan. Similar to Poinsettia Lane, Aviara Parkway is a 102 feet right-of- way with four travel lanes. Aviara Parkway bisects LFMP Zones 5 and 20 as a connection between Poinsettia Lane and Palomar Airport Road. The road segments covered under the B&TD No. 2 fee program include Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara Parkway to El Camino Real. The Circulation Element categorizes both of these roads as major arterial roads with four traffic lanes and a raised median within 102 feet of right-of-way. The facilities covered by the B&TD No. 2 fee program will be limited to those necessary to meet the LFMP circulation performance standard and minimum street drainage needs. In addition, some underground improvements may be included to avoid unnecessary trenching of the new road surface in the future. The improvements include the following: Full width grading of the roadway, paved road surface for two lanes (18 foot paved section on each side of median for a total of 36 feet paved section), transition pavement section at major intersections, median curbs, outside asphalt berms, street drainage facilities (with the exception that drainage facilities in Aviara Parkway which are included in the City’s Drainage Fee Program have been deleted), culverts, temporary drainage in parkway, design, contract administration, fee administration, construction inspection, construction engineering, mitigation measures and land acquisition. The B&TD No. 2 fee program does not cover additional roadway paving, water facilities, sewer facilities, reclaimed water facilities, sidewalks, median landscape and irrigation, median hardscape, street lights, traffic signals and franchise utilities. The cost of traffic signals for arterial-to-arterial intersections is covered under the City’s Traffic Impact Fee program. The remaining uncovered improvements will be the responsibility of adjacent land developers pursuant to the policy and practice of the City of Carlsbad. COST ESTIMATES An updated cost estimate for the improvements included in the B&TD No. 2 fee program is included in Appendix B. The updated cost estimate includes actual and estimated remaining construction costs, environmental mitigation, land acquisition, contractor’s mobilization and bonds, as well as a contingency amount for the remaining improvements including land acquisition. The updated cost estimate also includes engineering design, management, and inspection during construction as well as the administrative cost of acquiring rights-of-way. BOUNDARIES OF B&TD No. 2 The boundaries of B&TD No. 2 encompasses every parcel identified in Local Facilities Management Zones 20 and 21 as well as the parcels within (1) the Aviara Master Plan Phase III portion of Local Facilities Management Zone 19 and (2) that portion of Zone 5 located south of Palomar Airport Road which would have access from the proposed Aviara Parkway and a parcel which was included as a part of Carlsbad Tract 95-05 Emerald Ridge East (part of previous Assessor’s Parcel Number 212-040-53). BKTD No. 2 Updated Fee Study Report 2 Appendix C includes a map of the boundaries of B&TD No. 2, which shows assessor’s parcel numbers, zone boundaries and the alignment of Aviara Parkway and Poinsettia Lane. METHODOLOGY TO DETERMINE FEE Since the improvements consist of major arterial roadways, and future parcels will gain access to these arterials by means of collector roadways, the measure of average daily trips is an appropriate measure of the benefit to the parcels within the Fee Area from the arterial roadways and will be utilized as the methodology to apportion benefit within the boundary of the Fee Area. The net developable acreage and projected future dwelling units used for the development of the proposed revised B&TD No. 2 fee are outlined in Appendix D. The assumed dwelling unit numbers and average daily trips (ADT) are based on the following two scenarios: n For those properties with subdivision maps/development projects submitted to the City for processing either the dwelling unit densities proposed with those projects were used or information was used from the San Diego Association of Governments latest guide showing ADT for non-residential use. n For those residential properties where there have been no preliminary studies completed relating to future densities, 75% of the net developable acres were multiplied by the Growth Management Control Point (the dwelling units per acre of non- constrained land pursuant to Chapters 21.53 and 21.90 of the Carlsbad Municipal Code) to determine the estimated unit intensities. The resulting densities and the July 1998 edition of the “Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region” produced by the San Diego Association of Governments (SANDAG) were used to determine the estimated ADT within the Fee Area. Some or all of the proposed facilities benefit each of the LFMP Zones within the Fee Area as follows: w Only Aviara Parkway beneftis that portion of Zone 5 within the Fee Area. n The portion of Zone 19 within the Fee Area is benefited only by that part of Poinsettia Lane within the boundaries of Zone 19. n Both Aviara Parkway and Poinsettia Lane benefit all of Zone 20, except for four parcels, identified as Assessor’s Parcel Numbers 214-170-72, -73, -74 and -75. H The four parcels in Zone 20, identified as Assessor’s Parcel Numbers 214-170-72, -73, -74 and -75, were previously assessed for Poinsettia Lane in Assessment District No. 88-1 and are therefore only benefited by Aviara Parkway. H Zone 21 is beneftied only by Poinsettia Lane. The reason Zone 19 is benefited only by that part of Poinsettia Lane within the boundaries of Zone 19 is because the City Council approved another secondary access for Zone 19 by means of Cassia Road. The developer has constructed the Poinsettia Lane improvements within Zone 19 and therefore, the properties within Zone 19 are exempt from any further B&TD No. 2 fees. Based on the benefit to each zone within the Fee Area as shown above, the total number of ADT that are of benefit to each roadway is summarized from Appendix D as follows: BBTD No. 2 Updated Fee Study Report 3 LFMP Zone ADT for Aviara Parkway ADT for Poinsettia ‘Lane /I B&TD No. 2 FEE PROGRAM The recommended B&TD No. 2 fee program for the previously described improvements will have a different amount depending on what LFMP Zone the parcel is located in as identified above. A summary of the cost estimate (from Appendix B) and the number of average daily trips as shown above for each roadway are as follows: The City will contribute funds for the City Park (Poinsettia Community Park), the Water Reservoirs and the two Carlsbad Unified School District School sites as detailed in Appendix “D” and shown below. I- Par@ : ,.der’ 40-l 3 I ,City ‘Contri butlon ’ II 214-140-39 214-300-09 214-140-45 Elementary School The City will also contribute funds for the incremental increase in fee for the parcels that have already paid the fee or received a credit for building permits due to construction of a portion of the improvements. This contribution amount is detailed in Appendix “D” and summarized below: BBTD No. 2 Updated Fee Study Report 4 The following recommendations make up the full extent of the B&TD No. 2 fee program: I. Based on the above, the recommended updated fee as compared to the initial fee within each LFMP is as follows: ‘Parcels Within ‘Initial. FeePer ‘Current Fee Per Updated Fee Per Zone Average Dal& Trip Average )ai& Trip (&QT) Average Daily l ) Trip (ADT) n 5 $260 g: $240 19 N/A N/A N/A 4 parcels in N/A N/A $240 Zone 20 20 $540 $584 $850 21 $280 $303 l * The updated and modified fee will replace the current fee after City Council’s approval following a hearing on the updated and modified fee. 2. The B&TD No. 2 Fee is to be paid at the time of building permit issuance for construction within the Fee Area, provided however properties within Zone 19 are exempt since Poinsettia Lane improvements were constructed by the developer prior to recording the final map for the first phase of the subdivision project entitled “Aviara Phase Ill Revision”. 3. The ADT for each project shall be based upon the latest edition of the “Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region” produced by the San Diego Association of Governments (SANDAG). A copy of the July 1998 Guide, the latest edition as of the date of this report, is included in Appendix E. Currently, a single family detached residence has an ADT of 10, thus the fee for a single family detached residence would be 10 times the fee shown in the above table. For multiple land uses and/or land uses not included in the Guidelines, the City Engineer shall determine the appropriate traffic generation rate. 4. All new development within the boundary of the Fee Area that are not shown as exempt from the B&TD No. 2 fee program will be subject to payment of the B&TD No. 2 Fee. The exemptions include four parcels included within the boundaries of Assessment District No. 88-l (which have previously paid their fair share of the cost for Poinsettia Lane and are therefore only paying the fee for Aviara Parkway), parcels in the Aviara Master Plan Phase III (which is a portion of LFMP Zone 19) and parcels which have previously paid the fee. The City purchased the entire Aitchison parcel 215-070-18 since it was almost wholly within the limits of the Poinsettia Lane right-of-way, however any further development on this parcel will be subject to the B&TD No. 2 fee. BCLTD No. 2 Updated Fee Study Report 5’ 5. 6. 7. 8. 9. 10. The B&TD NO. 2 Fee will be reviewed on an annual basis and adjusted, if necessary, when major changes occur (such as a determination of increase in cost of improvements, or changes in proposed development or number of average daily trips) or periodically by the City, based on actual construction, incidental, and acquisition costs or engineering cost estimates and/or the actual number of units constructed or authorized to be constructed in the Fee Area or any Zone thereof. The B&TD No. 2 Fee will be adjusted annually without notice or public hearing as a part of the City’s Capital Improvement Program budget process. The B&TD No. 2 Fee will be adjusted according to the two following factors: (i) all costs except land acquisition will be increased by the Engineering News Record, City of Los Angeles Construction Cost Index (the costs included in Appendix B are based on the May 1999 Index of 6827.31) and (ii) the cost of acquiring land for right-of-way and mitigation will be increased according to the methodology contained in Appendix F. The City may use at its discretion all or a portion of the B&TD No. 2 Fee fund to design and/or construct any portion of Aviara Parkway from Palomar Airport Road to Poinsettia Lane or Poinsettia Lane from Aviara Parkway to El Camino Real. Alternatively, the City may give credits or make reimbursement payments to eligible developers pursuant to paragraphs 8 through 10 below. A developer who acquires any right-of-way, designs and/or constructs any of the improvements or installs any required mitigation for the segments of Aviara Parkway or Poinsettia Lane covered by the fee program may be eligible for credit and/or reimbursement, subject to the approval of the City Council. Only those improvements or work included within the cost estimates upon which the B&TD No. 2 Fee is based are eligible for credit and/or reimbursement. Any property owner who dedicates right-of-way for either of these two arterial roadways in advance will be given a credit for such dedication in the amount recommended by an MAI appraiser, selected and approved by the City. Credit and/or reimbursement (if funds are available) may be given for the actual costs incurred by the developer for the improvements subject to the limits defined below: Credit The amount of credit is limited to the total amount of B&TD No. 2 Fee which would be payable by the developer for his/her development, but not-to-exceed the Estimated Cost of the Improvements and Acquisition as set forth in the fee program documents, or the developer’s actual cost of the improvements and acquisition, whichever is less. However, the cost of on-site slope and drainage easements will not be credited since these areas are normally included in the overall density calculations for the project and are not required to be dedicated with the project. Once the credit has been determined for a development, the credit shall be considered to run with the land and be awarded on a building permit-by-permit basis to whoever is listed as the building permit permittee. Reimbursement Reimbursements shall be made in accordance with City Council Policy. BBTD No. 2 Updated Fee Study Report 6 APPENDIX “A” Location Map LOCATION MAP NOT TO SCALE PROJECT NAME POINSETTIA LANE d AVIARA PARKWAY ROAD WA Y EXTENSIONS I. .~ SCCJII t VANS. CARLSSAD MCINCCRINC DEPT - - APPENDIX “B” Cost Estimates City of Carlsbad Bridge & Thoroughfare District No. 2 (Aviara Parkway - Poinsettia Lane) Updated Cost Estimate Aviara Parkway Reach (1) Cost Estimate Remarks 1 $ 2,212,692 Cobbelstone Construction Cost plus RNV from Kelly & Ukegawa $ 300,000 cost of additional Ukegawa R/W $ (135,744) Less Estimated Storm Drainage Fees 2 i 1,310,742 Mariano Construction, Design, Inspection and Constr Admin Cost 6,000 Mariano R/W appraisal 3 $ 1,232,497 Sambi Reimb of elig costs $ 58,000 Additional R/W per Brabant Ltr of 8/13/98 ($240,000-$162,000-$20,000 for inter) : 111,600 Additional R&V amount for Sarkaria ($143,000 - $31,400 paid by Sambi) 52,698 Additional City expenses for Sakaria, General Ledger, Org Key 3627000 $ 5,000 Schindler R/W General $ 23,294 l/2 Orig Formation costs : 78,500 l/2 audited cost of intersection at Aviara Parkway/Poinsettia by Catellus 54,910 Audit costs for Sambi & Cobbelstone $ 40,000 Remaining audit costs x 67,844 l/2 of City Expense, Account 0015720,735O surveys/studies 16,500 l/2 updated Fee Study Report $ 300,000 Contingency $ 5,734,534 Total For Aviara Parkway Notes (1) See Location Map in Appendix A Report-App B-Updated Cost Est-4 City of Carlsbad Bridge 8 Thoroughfare District No. 2 (Aviara Parkway - Poinsettia Lane) Poinsettia Lane Reach (1) Cost Estimate Updated Cost Estimate Remarks A $ B x f x $ C f $ x x D E ! f f $ f F f G : 1,425,472 Budget amount from Catellus dated 5/12/00 946,257 Budget amount from Catellus dated 7/g/99 630,000 RMI for Cartsbad Promenade + $5,000 legal expense 1645,000 R/W estimate for Femandez, Rudavalis and Baker 355,000 R/W for Aitchison + $5,000 for legal expense 460,000 R/W for Gallagher + $5,000 for legal expense 7,800 R/W for Hidalgo + $5,000 for legal expense 30,900 Acquisition Services for RAN 1,414,749 Construction Estimate based on 90% PS&E 85,700 Design fee for Reach C 49,800 City admin costs for Reach C 90,000 Inspection and Constr Admin 430,588 R/W for DeJong, Kaiser and Nelson 15,000 Appraisal of RMI General : f x f $ 70,000 Legal and Acquisition costs - This is a wash since Zone 19 paid for improvements in lieu of B&TD#2 fee 3,000,OOO Construction Estimate based on 30% PS&E plus mitigation 83,000 Design fee for Reach E 43,500 City admin costs for Reach E 65,000 Environmental analysis and acquisition of permits 150,000 Inspection and Constr Admin 1,090,OOO RNV for Reiter, Maldonado, REH (Harrison) and Sudduth 50,000 Appraisal of RMI 150,000 Legal and Acquisition costs 841,259 Lohf CT 97-15 Construction, design, inspection, RM/ and legal 15,000 City admin costs for Reach F 420,000 estimate of R/W for Lohf 635,494 Lohf off-site Construction, design, inspection, R/W and legal 10,000 City admin costs for Reach F 23,294 l/2 Orig Formation costs 78,500 l/2 audited cost of intersection at Aviara Parkway/Poinsettia by Catellus 43,300 Audit costs for Catellus 120,000 Audit costs for Remaining Poinsettia Reaches 67,844 l/2 of City Expense, Account 0015720,735O surveys/studies 15,489 City Expense, Project 3595, Poinsettia Lane 11,989 City Expense, Project 3546, Poinsettia Lane 16,500 l/2 Updated Fee Study Report $ 1,500,OOO Contingency $ 16,106,436 Total For Poinsettia Lane Notes (1) See Location Map in Appendix A Report-App B-Updated Cost Est-4 APPENDIX “C” Boundaries of B&TD No. 2 APPENDIX “D” Analysis of Trips - . 23 APPENDIX “E” SANDAG Guide for Traffic Generation Rates llvor sol c h” lku-.~ BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES -.- ‘.\5!!K’1.\1I0\ II! 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APPENDIX “F” Methodology to adjust B&TD No. 2 fee for increase in cost of land acquisition 3d METHODOLOGY TO ADJUST B&TD NO. 2 FEE FOR INCREASE IN COST OF LAND ACQUISITION The methodology to be used by the City in determining the adjustment to the B&TD No. 2 fee to reflect the increase in cost of land acquisition for both right-of-way and mitigation will be according to the following steps: 1. The estimated average value of land used in this report was $275,000 per acre. 2. Determine if vacant parcels within B&TD No. 2 have sold between the periods in which the adjustment to the B&TD No. 2 fee is to be made. 3. Calculate the value per acre of any of the vacant parcels sold in Step 2 above that were purchased by the City for right-of-way for or mitigation of B&TD No. 2 improvements (‘Value of Land Purchased by City”) 4. Calculate the average value per acre for vacant parcels sold to parties other than the City for between the periods in which the adjustment to the B&TD No. 2 fee is to be made, (“Average Value of Sold Parcels”) 5. If no vacant parcels have sold between the periods in which the adjustment to the B&TD No. 2 fee is to be made, apply a six percent (6%) per year simple compounded increase to that portion of the B&TD No. 2 fee related to the cost of land that has not been acquired for right-of-way or mitigation (“Six Percent Increase in Land Value”) 6. Determine the value of land for purposes of calculating the fee increase (“Value for Fee Increase”) by selecting one of the following in the priority listed below with (a) being the first priority and (c) being the last priority. (a) “Value of Land Purchased by City” (b) “Average Value of Sold Parcels” (c) “Six Percent Increase in Land Value” 7. Calculate the percentage increase in land value in B&TD No. 2 as compared to the original value of $275,000 or the inflated value from the previous period in which the adjustment to the B&TD No. 2 fee was made (“O/6 Increase in Land Value”). 6. Apply the percentage increases as determined in Step 7 above to the land portion of the B&TD No. 2 fee related to the cost of land that has not been acquired for right-of-way and mitigation (“Land Portion of Fee”). 9. Calculate the total B&TD No. 2 fee by adding the “Land Portion of the Fee” calculated in Step 8 above to the balance of the B&TD No. 2 fee related to all remaining costs that will be increased by the Engineering News Record, City of Los Angeles Construction Cost Index. 10. See the following example for the guidelines in calculating this increase in the B&TD No. 2 fee. 33 APPENDIX “G” Glossary GLOSSARY AC or AC ADT APN Apts B&TD CIP DU DU’s ECR EDU GIS GMCP LFMP LS MULTI OS PFF RL RLM RM RMH RTIP SANDAG SFD Acre Average Daily Trips Assessors Parcel Number Apartments Bridge and Thoroughfare District Capital Improvement Program Dwelling Unit Dwelling Units El Camino Real Equivalent Dwelling Unit Geographic Information System Growth Management Control Point Local Facilities Management Plan Lump Sum Multi-family Dwelling Unit Open Space Public Facilities Fees Residential Low (density) Residential Low-Medium (density) Residential Medium (density) Residential Medium-High (density) Regional Transportation Improvement Program Right-of-Way San Diego Association of Governments Single Family Dwelling