HomeMy WebLinkAbout2002-04-09; City Council; 16716; APPROVE ENGINEER'S REPORT, DECLARE INTENTION TO UPDATE & MODIFY FEES FOR BRIDGE & THOROUGHFARE DISTRICT NO. 2, ADOPT THE MITIGATED NEGATIVE DECLARATION, SET PUBLIC HEARING AND APPROVE A DEPOSIT OF FUNDS FOR BT&D NO. 2B# 16,716
TG. 4/09/02
EPT. ENG
CITY OF CARLSBAD -AGENDA BILL m: APPROVE ENGINEERS REPORT, DECLARE
INTENTION TO UPDATE AND MODIFY THE FEES FOR
(AVIARA PARKWAY - POINSElTIA LANE), ADOPTTHE
BRIDGE &THOROUGHFARE DISTRICT NO. 2
MITIGATED NEGATIVE DECLARATION, SET PUBLIC HEARING
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
AND APPROVE A DEPOSIT OF FUNDS FOR
CITY ATTY. GB
CITY MGRS
RECOMMENDED ACTION:
Adopt Resolution No. 2002-110 approving the Engineer’s Report, declaring the City’s intention to update and modify the fees for Bridge and Thoroughfare District No. 2
time, and place for a public hearing on the proposed update and modification of such fees and (Aviara Parkway-Poinsettia Lane), adopting the Mitigated Negative Declaration, setting the date,
approving a deposit of 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
occurred. The costs to acquire the land for right-of-way and to construct these arterial roadways
reimbursement of eligible costs for a portion of the authorized roadways as development has
the original formation of B&TD No. 2 and the approval of the fees for B&TD No. 2. It is necessary to have increased significantly and the amount of development within B&TD No. 2 has changed since
to remain solvent. The updated fee program must be approved by the City Council afIer a public update the initial Fee Study Report dated April 3, 1997, and revise the fees in order for B&TD No. 2
of the B&TD No. 2 fees pay their proportionate share of the revised costs necessary to acquire the hearing is held in order to ensure that the properties within B&TD No. 2 which are subject to the levy
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 swales or 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
that, when constructed, will create a circulation system roadway connecting Interstate 5 to by developers. Reaches C and E of Poinsettia Lane are the two remaining road segments
El Camino Real.
City staff is proceeding with the design and construction of Reach C of Poinsettia Lane and will bring forward the request to authorize bidding for Council approval within the next few months. There is
presently no schedule for the design and construction of Reach E of Poinsettia Lane. Reach E may be constructed either by the City or by developers’in response to the needs of development. B&TD No. 2 funds may be used to reimburse the City or developers for their costs. If the B&TD
segments in Poinsettia Lane will be financed or constructed. No. 2 fees are not updated and modified as proposed, it is undetermined how the missing road
Appendix C of the report, which shows the area of benefit for the district. The boundaries include all The attached Engineer’s Report, dated March 4, 2002, includes a District Boundary Map, found in
describing the boundaries of B&TD No. 2, the Engineer’s Report describes the Improvements to be properties within LFMP Zones 20 and 21, as well as portions of Zones 5 and 19. In addition to
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.
Page 2 of Agenda Bill No. 16.716
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 kes are as follows:
This proposed fee may be adjusted in the future based on changes in construction cost as
measured by the Enaineerinq 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 dulynoticed public hearing.
the B&TD No. 2 fee. Developers who construct a portion of the Improvements will receive a direct Existing residences, located within the B&TD No. 2 boundaries, are excluded from the payment of
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
the proceeds of the B&TD No. 2 fee program. Such reimbursement will occur in accordance with
Improvements were constructed, the developer is eligible for a reimbursement of the difference from
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 September 20, 2001. Upon adoption of this resolution, a notice of hearing will be published in the newspaper as required
by law and will be mailed to all property owners inside B&TD No. 2 who will be responsible to pay the updated fee. Anyone may speak at the hearing, but 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 Improwments.
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 regularlyscheduled meeting on May 21, 2002.
ENVIRONMENTAL IMPACT:
The update and modification of the fees for B&TD No. 2 has been deemed to be subject to the
charges that will be used to finance capital improvements. The environmental issues/impacts and
requirements of the California Environmental Quality Act (CEQA) since it will create new rates or
and 3 of Aviara Parkway and Reaches A, B, C, D, F and G of Poinsettia Lane) were identified in mitigation measures associated with nearly all of the subject capital improvements (Reaches 1, 2
prior environmental documents (Le., 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. Potentially significant impacts will be mitigated to a lewl
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. 16,716
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 $32,555,233. Funds will be raised as new development occurs within
B&TD No. 2 and fees are collected at the time building permits are issued.
Thoroughfare District and the presumption is they must pay their allocated share unless specific
Due to changes in the law, public entities are no longer exempt from assessments in a Bridge and
findings of no special benefit are made. The amount attributable to Poinsettia Park and the various
school sites has been calculated in the revised report and is shown in the table below. Staff is
of funding for the development of the park) and CMWD's share from water connection fees. Staff is
recommending that the City pay the Poinsettia Park portion from Public Facilities Fees (the source
also recommending that the City advance the school district's share from Gas Tax Funds in order to
continue development of the road improvements. If the school district does not pay, the City may not
recover any amounts advanced.
The remaining amount shown as "unallocated incremental fee" represents the incremental costs
between the updated fee and the actual fee previously paid or credited by existing development.
Since the City cannot go back and collect the fee increase from already completed projects, there is
within the District boundaries and to reimburse developers for already completed segments.
a gap in the financing plan which may impact the ability to complete the remaining road segments
Staff will be looking for methods by which to fill the gap through Federal or State grants, efficiencies
in construction costs and anyother methods available.
(Elementary& Middle School)
CMWD Water Connection Fees $16,946 2 water reservoir sites
Undetermined $10,724,220 Unallocated incremental fee
TOTAL $14,035,180
Council previously approved a loan from the General Fund for $500,000 and a loan from the
from Public Facilities Fees in partial payment for Poinsettia Park. The resolution to this agenda bill
Gas Tax Fund for $1 million to the B&TD No. 2 Fund. Council also approved a payment of $500,000
authorizes payment of the balance of Poinsettia Park's share and payment of CMWD's share of the
costs. Any other appropriations or advances will be requested in future years as part of the Capital
Improvement Program or as separate agenda items.
The resolution also authorizes staff to deposit an estimated amount of $3,241,509 with the Court.
The City is appealing a previous decision regarding damages to certain properties as a result of the
construction of the road improvements for B&TD No. 2. Under order of the Court, the City must
deposit the amount, estimated at $3,241,509, by April 15, 2002. When the lawsuit is settled,
the settlement amount, if any, will be paid from the amounts on deposit and the remainder will be
repaid to the City.
With the payments and advances described above, the B&TD No. 2 fund will have sufficient cash to
make the required deposit.
3
Page 4 of Agenda Bill No. 161 716
EXHIBITS:
1. Order of Procedure.
2. Resolution No. 2002-110
City's intention to update and modify the fees for Bridge and Thoroughfare District No. 2
approving the Engineer's Report, declaring the
(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 approving a deposit of funds for Bridge and Thoroughfare District No. 2.
3. Engineer's Report dated March 4, 2002, including the District Boundary Map attached as
Appendix "C" to the report.
ORDER OF PROCEDURE
CITY OF CARLSBAD
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY-POINSETTIA LANE)
DATE OF MEETING: April 9, 2002
STAFF:
CITY COUNCIL:
APRIL 9, 2002:
MAY 21,2002:
Presentation of Engineer's Report for update and modification of
Bridge & Thoroughfare District No. 2 consisting of the following:
- Boundary map - Description of improvements
Updated cost estimate Method of apportionment for distribution of costs
ADOPT RESOLUTION APPROVING THE ENGINEERS
AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE
REPORT, DECLARING THE CITY'S INTENTION TO UPDATE
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 APPROVING A DEPOSIT OF FUNDS FOR
BRIDGE AND THOROUGHFARE DISTRICT NO. 2.
DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE),
***
PROPOSED SCHEDULE:
ADOPT RESOLUTION
PUBLIC HEARING
***
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It
RESOLUTION NO. 2002-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ENGINEERS REPORT, DECLARING THE CITY'S INTENTION TO UPDATE AND MODIFY THE
FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2
MITIGATED NEGATIVE DECLARATION, SETTING THE DATE, TIME,
AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED UPDATE
AND MODIFICATION OF SUCH FEES AND APPROVING A DEPOSIT
OF FUNDS FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2.
(AVIARA PARKWAY - POINSETTIA LANE), ADOPTING THE
WHEREAS, the City Council of the City of Carlsbad, California, is considering the update
and modification of the fees authorized to be levied and collected within Bridge and Thoroughfare
District No. 2 ("B&TD No. 2); and
WHEREAS, any increase in the B&TD No. 2 fees which may result from the update and
modification of the existing fees is not subject to Article Xlll D of the California Constitution: and
WHEREAS, at this time there has also been submitted a Report of the Engineer entitled
"Updated Fee Study Report For Bridge and Thoroughfare District No. 2 (Aviara Parkway -
Poinsettia Lane)" dated March 4, 2002, hereinafter referred to as "Report", said Report generally
setting forth the following:
A. Boundary map of area of benefit;
B. Description of proposed public improvements;
C. Updated estimate of cost for said improvements;
D. Method and apportionment for distribution of costs based upon benefits received
from the proposed public improvements; and
WHEREAS, at this time the City Council of the City of Carlsbad, California, is now ready to
approve the Report as submitted by the Engineer and proceed to set a time and place for a public
hearing to consider the proposed update and modification of the B&TD No. 2 fees; and
WHEREAS, the City Council finds that the Mitigated Negative Declaration for proposed
update and modification of the B&TD No. 2 fees (EIA 00-09) which was prepared, published and is
'on file with the Planning Department reflects the independent judgment of the City Council of the
City of Carlsbad: and
Ill
Ill
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WHEREAS, the City is appealing a previous decision regarding damages to certain
properties as a result of the construction of road improvements for BBTD No. 2, and under
order of the Court, the City must deposit an amount estimated at $3,241,509 with the Court by
April 15, 2002.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
IMPROVEMENTS
SECTION 2. That this City Council does hereby declare its intention to proceed to
authorize the update and modification of the fees authorized to be levied and collected within
B&TD No. 2 for the purpose of financing certain of the costs and expenses relating to certain
public improvements in B&TD No. 2. A general description of the improvements to be funded is as
follows:
The construction of major thoroughfare arterial street improvements in AVIARA PARKWAY
from POINSETTIA LANE to PALOMAR AIRPORT ROAD and in POINSETTIA LANE from
AVIARA PARKWAY to EL CAMINO REAL. The works of improvement will include 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, erosion control, outside asphalt swales or berms, street drainage facilities (with the
sxception 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
neasures and land acquisition. The foregoing improvements may be referred to as the
'Improvements."
REPORT
'SECTION 3. The Report, as submitted by the Engineer, is hereby approved and adopted
~y this City Council and shall be kept on tile in the Oftice of the City Clerk and remain open for
wblic inspection.
Page 2 of 6 of Resolution No. 2002-110
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- MAP
SECTION 4. That a map of the District, showing the boundaries and area of benefit of the
'roposed District and lands and property to be charged to pay the costs and expenses of the
'roposed improvements designated as "BOUNDARIES OF BRIDGE AND THOROUGHFARE
)ISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE)" is included as Appendix "c" to the
!eport. and the same is hereby approved and adopted.
COST ESTIMATE
SECTION 5. The cost estimate, as set forth in the Report of the Engineer, reflects the total
pdated estimated costs for the improvements, and the method of fee allocation represents a fair
lethod of allocation of the costs to the area of benefit. The updated estimated cost of the
nprovements is $32,555,233.
COST ALLOCATION
SECTION 6. The above fees, as set forth- in the Report of the Engineer, shall be
pplicable to all property within B&TD No. 2, except for parcels with existing building permits that
re exempt from the fee, and said fees shall be payable as a condition of issuing a building permit
)r the property or portions of the property to be developed with the exception that fees in Zone 19
ave been satisfied by the construction of a portion of Poinsettia Lane within the boundaries of
one 19 as a condition of the Aviara Phase 111 tentative map.
ENVIRONMENTAL
SECTION 7. The City Council of the City of Carlsbad, California, hereby adopts the
litigated Negative Declaration for the proposed update and modification of the BBTD No. 2 fees
IIA 00-09), which was prepared, published and is on file with the Planning Department for public
spection.
PUBLIC HEARING
SECTION 8. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 21st DAY OF
IAY, 2002, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF
HIS CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, 1200CARLSBAD
ILLAGE DRIVE, CARLSBAD, CALIFORNIA, IS THE TIME AND PLACE FIXED TO CONSIDER
JHETHER OR NOT TO PROCEED TO UPDATE AND MODIFY THE FEES AUTHORIZED TO
Page 3 of 6 of Resolution No. 2002-110
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BE LEVIED AND COLLECTED WITHIN BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY-POINSETTIA LANE), AND TO CONSIDER PROTESTS OR OBJECTIONS
GENERALLY 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 % OF THE AREA OF THE PROPERTY TO BE BENEFITED BY THE PROPOSED
IMPROVEMENTS HAVE PROTESTED AGAINST THE SAID IMPROVEMENTS, OR ANY
PORTION THEREOF, AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED
PROCEEDINGS: AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN
PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN; AND IF
PROTESTS BY OWNERS OF MORE THAN % OF THE AREA OF THE PROPERTY TO BE
BENEFITED FROM THE IMPROVEMENTS ARE FILED AND NOT WITHDRAWN SO AS TO
REDUCE THE AREA REPRESENTED TO LESS THAN % OF THAT TO BE BENEFITED, THEN
THE PROPOSED PROCEEDINGS SHALL BE ABANDONED PURSUANT TO THE PROVISIONS
OF SECTION 66484 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND
SUCH FEES WILL NOT BE UPDATED AND MODIFIED AS PROPOSED.
NOTICE
SECTION 9. Notice of the public hearing shall be given pursuant to Section 65091 of the
Government Code of the State of California, and said notice shall contain preliminary information
relating to the boundaries of BBTD No. 2, the estimated costs and method of the fee
apportionment. Since the number of owners both inside B&TD No. 2 and within 300 feet of the
boundary of B&TD No. 2 to whom notice would be mailed or delivered pursuant to Section 65091
is greater than one-thousand (1,000) as shown on the current records of the county assessor, the
City in lieu of mailed or delivered notice will provide notice by placing a display advertisement of at
least one-eighth page in at least one newspaper of general circulation with the City at least ten
(IO) days prior to the hearing. For particulars, notice shall be given in the following manner:
A. Publication of the Notice of Public Hearing, said publication to be completed
at least ten (IO) days prior to the date set for the public hearing,
Page 4 of 6 of Resolution No. 2002-110
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B. Mailing Notice of Public Hearing to all owners of real property within the
oundaries of B&TD No. 2 who will be responsible to pay the updated fee, said mailing to be
ompleted at least ten (10) days prior to the date set for the public hearing;
C. Mailing Notice of Public Hearing to any local agency expected to provide
rater, sewage, streets, roads, schools or other essential facilities or services to the project whose
bility to provide those facilities and services may be affected, said mailing to be completed at
?ast ten (IO) days prior to the date set for the public hearing.
SECTION IO. For any and all information relating to these proceedings, including
iformation relating to protest procedure, your attention is directed to the below designated person:
SECTION 11. That the Finance Director is authorized and directed to deposit $2,810,960
> the Bridge and Thoroughfare District No. 2 project account from the following sources:
Page 5 of 6 of Resolution No. 2002-110
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SECTION 12. That the Finance Director is authorized and directed to deposit the amount
required by the Court, estimated at $3,241,509, from the Bridge and Thoroughfare District No. 2
fund for the appeal to the lawsuit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 9th day of APRIL , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Hall
NOES: None
4TTEST
.
.
Page 6 of 6 of Resolution No. 2002-110
CITY OF CARLSBAD
UPDATED FEE STUDY REPORT
FOR
BRIDGE AND THOROUGHFARE DISTRICT No. 2
(AVIARA PARKWAY - POINSETTIA LANE)
March 4,2002
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 BBTD No. 2 .................................................................................................... 3
Methodology to Determine Fee ............................................................................................... 3
BBTD 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
UPDATED FEE STUDY REPORT
FOR
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY - POINSETTIA LANE)
PURPOSE
The purpose of this report is to update the actual and estimated remaining cost, estimate the
amount of remaining development and then allocate the proportionate share of such estimated
remaining 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, some developments will be conditioned to construct all or a portion of the Aviara Parkway
and Poinsettia Road improvements 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.
As a result of approved Local Facilities Management Plans (LFMP) for Zones 5, 19, 20 and 21,
the construction of Poinsettia Lane and Aviara Parkway within the boundaries of the above-
conditions were imposed requiring the development of a comprehensive funding mechanism for
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
68TO No. 2 Updated Fee Study Report 1
Plan as a four lane, 102 feet right-of-way, major easffwest arterial serving undeveloped property
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 northlsouth roadway classified as a major arterial on the City’s Circulation
way with four travel lanes. Aviara Parkway bisects LFMP Zones 5 and 20 as a connection
Element of the General Plan. Similar to Poinsettia Lane, Aviara Parkway is a 102 feet right-of-
between Poinsettia Lane and Palomar Airport Road.
The road segments covered under the B&TD NO. 2 fee program include Aviara Parkway from
Camino Real (collectively the “B&TD No. 2 Improvements”). The Circulation Element
Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara Parkway to El
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 B&TD No. 2 Improvements will be limited to those necessary to meet the LFMP circulation
performance standard and minimum street drainage needs. In addition, some underground
future. The B&TD No. 2 Improvements include the following:
improvements may be included to avoid unnecessary trenching of the new road surface in the
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
facilities in Aviara Parkway which are included in the City’s Drainage Fee
asphalt berms, street drainage facilities (with the exception that drainage
a 300-foot long bridge or retaining walls in Reach E of Poinsettia Lane to
Program have been deleted), culverts, temporary drainage in parkway, either
mitigate biological impacts, design, contract administration, fee administration,
construction inspection, construction engineering, mitigation measures and
land acquisition.
The B&TD No. 2 fee program does not finance the cost of 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
cost of the construction of the remaining improvements not financed through the B&TD No. 2
fee program or the Traffic Impact Fee Program 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 B&TD No. 2 Improvements is included in Appendix B. The
environmental mitigation, land acquisition, contractor’s mobilization and bonds, as well as a
updated cost estimate includes actual and estimated remaining construction costs,
contingency amount for the remaining improvements including land acquisition. The updated
cost estimate also includes the cost of engineering design, management, and inspection during
construction as well as the administrative cost of acquiring rights-of-way.
BgTD No. 2 Updated Fee Study Report ‘2
BOUNDARIES OF B&TD No. 2
The Fee Area includes every parcel within the boundaries of BBTD No. 2, which is defined as
all parcels in Local Facilities Management Zones 20 and 21 as well as the parcels within (1) the
Aviara Master Plan Phase 111 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).
Appendix C includes a map of the boundaries of BBTD 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 B&TD No. 2 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 B&TD
No. 2 Improvements 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:
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.
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 B&TD No. 2 Improvements benefit each of the LFMP Zones within the Fee
Area as follows:
rn Only Aviara Parkway benefits that portion of Zone 5 within the Fee Area
rn The portion of Zone 19 within the Fee Area is benefited only by that part of Poinsettia
Lane within the boundaries of Zone 19.
rn Both Aviara Parkway and Poinsettia Lane benefit all of'zone 20. except for four parCc?lS.
identified as Assessor's Parcel Numbers 214-170-72, -73, -74 and -75.
w 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.
BBTD No. 2 Updated Fee Study Report 3
w Zone 21 is benefited 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.
ADT that are of benefit to each roadway is summarized from Appendix D as follows:
Based on the benefit to each zone within the Fee Area as shown above, the total number of
' ADT for Poinsettia ADT,for.Aviai&
LFMP Zone, , I '. , .:..., ~ , Parkwqy !:. ,.
. ., .. ~ . Lane ., ,, ,.
5
0 1,130 4 parcels in
0 0 19
0 4,288
Zone 20
20
7,606 0 21
19,538 19,538
Total ADT , ,.
B&TD No. 2 FEE PROGRAM
The recommended B&TD No. 2 fee program for the B&TD No. 2 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:
'.,..&viara.Parkway Poinsettia Lane
I
Updated Cost Estimate
Preliminary Cost per Trip $233.22 $984.93
27,144 24,956 Distribution of Trip Benefit (ADT)
$26,735,022 $5,820,211
The City will contribute funds for the City Park (Poinsettia Community Park) and the Water
Reservoirs as detailed in Appendix "D and shown below.
The amount of the fee for the two Carlsbad Unified School District School sites is detailed in
Appendix "D and shown below.
BBTD No. 2 Updated Fee Study Report 4
Amount of Fee Number
214-140-45
$709,200 Middle School 2 15-050-74 $144,204 Elementary School 214-531-53 $618,540 Elementary School - Total $1,471,944
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 is detailed in
Appendix "D as "Unallocated Incremental Fee" and summarized below. This amount will be
paid by other funds, which are yet to be determined.
+incremental,Fee
NIA
The following recommendations make up the full extent of the B&TD No. 2 fee program:
1, Based on the above, the recommended updated fee as compared to the initial fee within
each LFMP is as follows:
* The initial fee has been increased in several steps to the current fee due to changes
in the Engineering News Record Index.
** 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 111 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
family detached residence has an ADT of 10, thus the fee for a single family detached latest edition as of the date of this report, is included in Appendix E. Currently, a single
B8TO No. 2 Updated Fee Study Report 5
4.
5.
6.
7.
8.
9.
10
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.
All new development within the boundary of the Fee Area that is 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. 88-1 (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 111 (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.
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 April 1, 2001 Index of
7273) 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 B&TD
No. 2 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 andlor 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
MA1 appraiser, selected and approved by the City.
Credit andlor 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 hidher development, but not-to-exceed the Estimated Cost
of the B&TD No. 2 Improvements and Acquisition as set forth in the fee program
BBTO No. 2 Updated-Fee Study Report 6
documents, or the developer's actual cost of such 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 unless other arrangements are made pursuant to a reimbursement
agreement 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.
B&TD No. 2 Updated Fee Study Report 7
APPENDIX "A"
Location Map
LOCATION MAP
NOT Tb SCALE
'RoJECT NAME POINSETTIA LANE & AVIARA PARKWAY
ROAD WA Y EX TENSIONS
APPENDIX "6"
Cost Estimates
23
City of Carlsbad
Bridge 8 Thoroughfare District No. 2
(Aviara Parkway - Poinsettia Lane)
Updated Cost Estimate
Aviara Parkway
Reach (I) Cost Estimate
1 $ 2,212,692 Cobbelstone Construction Cost plus RMI from Kelly & Ukegawa
Remarks
$
$
300,000 cost of additional Ukegawa RMI
(135,744) Less Estimated Storm Drainage Fees
3 $
$ 1,232,497 Sambi Reimb of elig costs
6,000 Mariano RMI appraisal
$ 58,000 Additional R/W per Brabant Ltr of 8/13/98 ($240,000-$162,000-$20,000 for inter)
$
$
11 1,600 Additional amount for Sarkaria ($143,000 - $31,400 paid by Sambi)
5,000 Schindler RMI
$
$
78.500 1M audited cost of intersection at Aviara Parkway/Poinsettia by Catellus
$
54,910 Audit costs for Sambi & Cobbelstone
40,000 Remaining audit costs
$
$ 37,647 Condemnation costs for Aviara Parkway up to 5-24-01
$
150,183 112 of City Expense, Projects 3546, 3595, 3673 and 3674 up to 5-24-01
$ 300,000 Contingency
17,500 112 updated Fee Study Report
$ 5,820,21 I Total For Aviara Parkway
2 $ 1,310,742 Mariano Construction, Design, Inspection and Constr Admin Cost
General $ 40.684 112 Formation costs
Notes
(1) See Location Map in Appendix A
Report-App B-Updated Cost Est-6
Poinsettia Lane
Reach [I) Cost Estimate
City of Carlsbad
Bridge 8 Thoroughfare District No. 2
(Aviara Parkway - Poinsettia Lane)
Updated Cost Estimate
Remarks
1,425,472 Budget amount from Catellus dated 5/12/00
918,867 Budget amount from Catellus dated 11/10/00
630,000 RMI for Carlsbad Promenade + $5,000 legal expense
480,000 RMI for Gallagher + $5,000 for legal expense
355,000 RMI for Aitchison + $5,000 for legal expense
7.800 RMI for Hidalgo + $5,000 for legal expense
250,000 Legal and Acquisition Services for RMI
4,600,000 RMI estimate for Fernandez, Rudavalis and Baker
1,750,737 Construction Estimate based on 100% PS8E
49,800 City adrnin costs for Reach C
85,700 Design fee for Reach C
90,000 Inspection and Constr Adrnin
70,000 Legal and Acquisition costs
15,000 Appraisal of WW
430.588 RMI for DeJong, Kaiser and Nelson
8,500,000 Construction Estimate based on 30% PSBE plus mitigation
- This is a wash since Zone 19 paid for improvements in lieu of B&TD#2 fee
700,000 Design fee for Reach E
250,000 City admin costs for Reach E
600,000 Inspection and Constr Adrnin
150,000 Environmental analysis and acquisition of permits
1,090,000 RMI 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, RMI and legal
420,000 estimate of W for Lohf
635,494 Lohf off-site Construction, design, inspection, RMI and legal
15,000 City admin costs for Reach F
10,000 City admin costs for Reach G
40,684 1/2 Formation costs
78,500 1/2 audited cost of intersection at Aviara Parkway/Poinsettia by Catellus
43,300 Audit costs for Catellus
120,000 Audit costs for Remaining Poinsettia Reaches
214,138 Condemnation costs for Poinsettia Lane up to 5-24-01
150,183 1/2 of City Expense for Projects 3546, 3595, 3673 and 3674 up to 5/24/01
17,500 1/2 Updated Fee Study Report
1,500,000 Contingency
26,735,022 Total For Poinsettia Lane
Notes
(1) See Location Map in Appendix A
Report-App B-Updated Cost Est-6
APPENDIX "C"
Boundaries of B&TD No. 2
2’
APPENDIX "D"
Analysis of Trips
APPENDIX “E”
SANDAG Guide for Traffic
Generation Rates
",
BRIEF GUIDE OF VEHICUUR TRAFFIC GENERATION RATES FOR THE SAN DlEGO REGION
I,"
2P
IDvlm* ".**YOIt. ".I .................................................... 111.9.01 .I"- cou4. 12 -0 ........................................ 192.7 I] Wh L*ool 1,atr:n
YaEEl.NuI01 4" 1~1*5,11
M 01. ...................................... 2 .................. 1mSd 1.1
E" lS7.25 101
...................................... 1.
-bA .- .................................................. 1,1:ZS11 cnr.8
-1*Uu. 17,- 20llmo M. n.. ISOlur.' w
.. - ..
................. l~li.lig ..
...
Ih",.,. m-. Wlmnlnr, 118 17 ,,I -".e. ..................................
- , ..
.. .. .
APPENDIX “F”
Methodology to adjust
B&TD No. 2 fee for increase
in cost of land acquisition
35
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.
will be according to the following steps:
2 fee to reflect the increase in cost of land acquisition for both right-of-way and mitigation
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
3. Calculate the value per acre of any of the vacant parcels sold in Step 2 above
as of June 30,2001.
which the adjustment to the B&TD No. 2 fee is to be made.
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
5. If no vacant parcels have sold between the periods in which the adjustment to
to be made, ("Average Value of Sold Parcels")
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 BBTD No. 2 fee was made ("% Increase in Land
Value").
8. 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
9. Calculate the total B&TD No. 2 fee by adding the "Land Portion of the Fee"
acquired for right-of-way and mitigation ("Land Portion of 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.
B&TD No. 2 fee.
10. See the following example for the guidelines in calculating this increase in the
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