HomeMy WebLinkAbout2002-05-21; City Council; 16763; PUBLIC HEARING TO CONSIDER PROTESTS TO THE INTENTION TO UPDATE AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE)LB# 16,763
ATG. 5/21/02
)EPT. ENG
CITY OF CARLSBAD -AGENDA BILL E:
PUBLIC HEARING TO CONSIDER PROTESTS
TO THE INTENTION TO UPDATE AND MODIFY THE
FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETIA LANE)
RECOMMENDED ACTION:
Adopt Resolution No. 2002-150 overruling protests, determining that said protests
represent less than fifty percent (50%) of the area of Bridge and Thoroughfare District No. 2
(Aviara Parkway-Poinsettia Lane), adopting the Mitigated Negative Declaration, and approving the
update and modification of the fees for Bridge and Thoroughfare District No. 2 as contained in the
Engineer’s Report dated March 4, 2002.
ITEM EXPLANATION:
On April 9, 2002, the City Council approved the Engineer’s Report, declared its intent to update and modify the fees in B&TD No. 2 and directed staff to set this matter for a public hearing on
addition, a notice was mailed to only those property owners who will be responsible for paying the May21, 2002. A notice of hearing was published in the newspaper as required by law, and in
updated fee.
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
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
the properties within B&TD No. 2 which are subject to the levy of the B&TD No. 2 fees pay their
update the initial Fee Study Report dated April 3, 1997 and revise the fees in order to ensure that
proportionate share of the revised costs necessary to acquire the right-of-way for the authorized improvements and to construct such improvements. The City Council may elect to update the fees only after holding a public hearing thereon.
The B&TD No. 2 fees, if updated and modified as proposed, 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
temporary outside asphalt swales or berms. The remaining two outside paved road surface lanes Improvements include full-width grading, paved road surface for two inside lanes, median curbs and
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.
forward the request to authorize bidding for Council approval within the next few months. There is
City staff is proceeding with the design and construction of Reach C of Poinsettia Lane and will bring
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 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,
Page 2 of Agenda Bill No. 16,763
The attached Engineer's Report, dated March 4, 2002, includes a District Boundary Map, found in Appendix C of the report, which shows the area of benefit (fee area) for the district. The boundaries include all properties within LFMP Zones 20 and 21 as wll 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.
The Engineer's Report recommends that a separate fee be collected within each of the four LFMP zones included within the B&TD No. 2 boundaries with the exception of Zone 19. For Zone 19, the report finds that the property is benefited only by that portion of Poinsettia Lane, which lies within the boundaries of Zone 19. Since the developer of Zone 19 constructed the portion of Poinsettia Lane within the boundaries of Zone 19 as a condition of the Aviara Phase 111 tentative
map, the B&TD No. 2 fee obligation for this zone is satisfied and no fee per daily trip was computed
for this zone.
The following table reflects the differing improvement obligations required by each of the four
Record Index. The initial, current and recommended updated Bes are as follows:
LFMP's. The initial B&TD No. 2 fee has been revised annually to reflect the Engineering News
Initial Fee'Per 'Current Fee:Per Average Daily Trip
The amount of the current fee varies from $290 to $602 per average daily trip (ADT) depending
$1,220 per ADT also depending upon the location of the property. A single-family detached upon the location of the property. The amount of the proposed updated fee varies from $235 to
residence generates 10 ADT while a condominium generates 8 ADT. Therefore, the fee for a
single-family home would vary from $2,350 to $12,200. This proposed fee may be adjusted in the
future based on changes in construction cost as measured by the Enaineerina 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
duly noticed public hearing.
increase in construction costs. Adjustments of this later type will require approval of the Council at a
The one time B&TD No. 2 fee will be paid upon the development of the property and only at the time building permits are issued. 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 uas held on September 20, 2001.
Page 3 of Agenda Bill No. 16,763
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 issueshnpacts and
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 in the areas of
air quality, biological resources, cultural resources and hydrology/water quality 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) and EIA Part II is attached as Exhibit 3.
FISCAL IMPACT:
B&TD No. 2 will generate that portion of the funds allocable to the undeveloped properties within
City or developers for the construction of those portions of Aviara Parkway and Poinsettia Lane B&TD No. 2 which are needed to finance the construction of the Improvements or to reimburse the
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.
Government Code Section 66484, the statutory authority within the Subdivision Map Act that
enables the City to levy the B&TD No. 2 fees, provides that the fee shall be applicable to all
property within the area of benefit and shall be payable as a condition of issuing a building permit
for the property subject to the fee. This section goes on to state that where the area of benefit
includes land not subject to the payment of the fee, the City Council shall make provision for
payment of the share of improvement costs apportioned to those lands from other sources.
Properties within the area of benefit that may not become subject to the payment of the fee include
certain publicly owned properties that may be improved without the necessity of a building permit,
e.g., school sites. 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 recommending that the City
pay the Poinsettia Park portion from Public Facilities Fees (the source of funding for the
development of the park) and CMWD's share from water connection fees. Staff is 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 elect to pay or
reimburse the City, 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 by or credited to existing development.
Since the City cannot go back and collect the fee increase from already completed projects, there is
a gap in the financing plan which may impact the ability to finance the completion of the remaining
segments. Staff will be looking for methods by which to fill the gap through Federal or State grants,
road segments within the District boundaries and/or to reimburse developers for already completed
efficiencies in construction costs and any other methods available.
3
Page 4 of Agenda Bill No. 16,763
.. (Elementary & Middle School)
CMWD Water Connection Fees
$14,035,180 TOTAL
Unallocated incremental fee $10,724,220 Undetermined
2 water reservoir sites $16,946
EXHIBITS:
1. Order of Procedure.
2. Resolution No. 2002-150 overruling protests, determining that said protests represent less
than fifty percent (50%) of the area of Bridge and Thoroughfare District No. 2
(Aviara Parkway-Poinsettia Lane), adopting the Mitigated Negative Declaration,
and approving the update and modification of the fees for Bridge and Thoroughfare District
No. 2 as contained in the Engineer's Report dated Wrch 4, 2002.
3. Mitigated Negative Declaration (EIA 00-09) and EIA Part II.
4. Engineer's Report dated March 4, 2002, including the District Boundary map attached as
Appendix "C" to the report.
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II EXHIBIT I
’ ll ORDER OF PROCEDURE
CITY OF CARLSBAD
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY-POINSETTIA LANE)
I
5 DATE OF PUBLIC HEARING: May 21,2002
MAYOR: Announce that this is the time and place fixed for the public hearing on
protest or objections to update and modify the fees for Bridge &
Thoroughfare District No. 2 (Aviara Parkway- Poinsettia Lane). First, we
will hear from staff. If anyone wishes to speak following the staff
presentation, please fill out a speaker slip found at the entrance to the
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I Council Chambers.
CITY CLERK: Announce that notice of the hearing has been given by MAIL,
PUBLICATION and POSTING, as required by law and the appropriate
Certificate of Compliance is on file. I
STAFF: General presentation of the following: - Purpose and scope of proceedings and public hearing
- Explanation of updated cost estimate - Explanation of method of apportionment for distribution of costs - Report on written protests filed by percentage of area to be
Description of boundaries of district
Description of improvements 1
benefited
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
MAYOR: ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
property in Bridge & Thoroughfare District No. 2.
PROPERTY. Please give you name, address and the location of your
- First, ask to hear from anyone who wishes to speak against the proceedings to update and modify the fees for Bridge & Thoroughfare
District No. 2, the proposed improvements, benefit areas or method of
allocation of costs.
- Then, ask to hear from anyone who wishes to speak in favor of the proceedings.
STAFF: Report on the final percentage (%) of protests received.
MAYOR: Declare the Public Hearing CLOSED
IF THE CITY COUNCIL WISHES TO PROCEED
CITY COUNCIL: Adopt RESOLUTION overruling protests, determining that said
Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane), adopting the
protests represent less than fifty percent (50%) of the area of Bridge and
of the fees for Bridge and Thoroughfare District No. 2 as contained in the
Mitigated Negative Declaration and approving the update and modification
Engineer’s Report dated March 4, 2002.
2002-150
5
DOC # 2002-0487413
SUN 07s 2002 4~23 PM
RECORDING REQUESTED BY
Carlsbad City Clerk’s Office
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
Resolution No. 2002-150
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RESOLUTION NO. 2002-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, OVERRULING PROTESTS,
DETERMINING THAT SAID PROTESTS REPRESENT LESS
THAN FIFTY PERCENT (50%) OF THE AREA OF BRIDGE AND
DECLARATION, AND APPROVING THE UPDATE AND
POINSETTIA LANE), ADOPTING THE MITIGATED NEGATIVE
MODIFICATION OF THE FEES FOR- BRIDGE AND
REPORT DATED MARCH 4.2002.
POINSETTIA LANE) AS CONTAINED IN THE ENGINEERS
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-
WHEREAS, the City Council of the City of Carlsbad, California, has by Resolution
leclared its intention to update and modify the fees for Bridge and Thoroughfare District No. 2
Aviara ParkwayPoinsettia Lane) (hereafter referred to as the "District"); and
WHEREAS, said District was initially formed and the levy and collection of fees for the
Mstrict was approved following a duly noticed hearing by the City Council on July 8, 1997; and - r
WHERl%, fees for said District are authorized to be ievied under Section 66r.t4 of the
Sovernment Code of the State of California, and specifically'authorized by Section 20.08.140 of
?e Municipal Code of the City of Carlsbad; and
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WHERGS, the City Council of the City of Carlsbad, qlifornia, has previously approved a
Report" of the Engineer .".. dated March 4, 2002, 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
.om the proposed public improvements; and
WHEREAS, a "Notice" has been published, pursuant to Section 65091 of the Government
:ode of the State of California, and mailed to only property owners who will be responsible to pay
Te updated fee, and said notice contained preliminary information relating to the boundaries of
?e District, the estimated costs and method of the fee apportionment; and
WHEREAS, the City Council of the City of Carlsbad, California, has now conducted a duly
loticed public hearing for the purpose of considering the update and modification of fees in the
Nstrict, and all persons have had an opportunity to speak either in favor or opposition to the
lpdate and modification of the fees in the District; and
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WHEREAS, the protests received represent less than fifty percent (5OOh) of the area of the
District; 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, the City Council finds that the Mitigated Negative Declaration for proposed
update and modification of the District 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
WHEREAS, the City Council has reviewed, analyzed and considered Mitigated Negative
Declaration (EIA 00-09) and the EIA Part II including the environmental impacts therein identified
for this project and any comments thereon and finds there is no substantial evidence the project
will have a significant effect on the environment; and
WHEREAS, the City Council is now desirous to proceed with the update and modification
of fees in the District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
., - RECITALS
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public hearing for the referenced District is hereby closed and all
protests and objections to the update and modification of the fees proposed to be levied and
collected within the District for the purpose of financing certain of the costs and expenses relating
to certain public improvements in the District were made by owners of less than one-half (112) of
the area of property to be benefited by improvements within District, and said protests are
overruled and denied. A general description of the improvements to be funded is as follows:
3'
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, outside asphalt swales or berms, street drainage facilities (with the exception that
drainage facilities in Aviara Parkway which are included in the City's Drainage Fee Program have
Page 2 of 4 of Resolution No. 2002-150.
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been deleted), culverts, temporary drainage in parkway, design, contract administration, fee
administration, construction inspection, construction engineering, mitigation measures
and land acquisition. The foregoing improvements may be referred to as the "Improvements."
For particulars, reference is made to the "Report" of the Engineer as on file in the Office of
the City Clerk.
SECTION 3. The "Report", as submitted by the Engineer, is hereby adopted and shall be
kept on file in the Office of the City Clerk and remain open for public inspection.
SECTION 4. That the area of benefit and lands and property to be charged to pay the
costs and expenses of the proposed Improvements encompassed within the boundaries of the
District include all those properties benefiting from the proposed improvements. That area of
benefit and boundaries of the District are depicted on a map of the District, as approved by
Resolution of the City Council designated as "BOUNDARIES OF BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE)", which 'map is
Included as Appendix "C" to the Report and a copy of the map is on file in the Office of the City
Clerk and remains open for public inspection. -
SECTION 5. The cost'estimate, as set forth in the "Repott" of the Engineer, reflects the
total updated estimated costs for the Improvements, and the method of fee allocation represents a
fair method of allocation of the costs to the area of benefit. The updated estimated cost of the
Improvements is $32,555.233.
SECTION 6. The levy and collection of the above fees, as set forth in the "Report" of the
5gineer is hereby approved, shall be applicable to all property within the District, except for
Darcels with existing building permits that are exempt from the fee, and said fees shall be payable
as a condition of issuing a building permit for the property or portions of the property to be
jeveloped with the exception that fees in Zone 19 have been satisfied by the construction of a
,ortion of Poinsettia Lane within the boundaries of Zone 19 as a condition of the Aviara Phase 111
:entative map. Such fees are authorized to be adjusted as provided for in the "Report". The fees
shall be subject to adjustment as provided for the "Report."
YI
Page 3 of 4 of Resolution No. 2002-150
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SECTION 7. The City Council of the City of Carlsbad, California, hereby adopts the
Aitigated Negative Declaration for the 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 for public
nspection.
SECTION 8. For any and all information relating to these proceedings, your attention is
lirected to the below designated person:
DAVID HAUSER
DEPUTY CITY ENGINEER
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD, CA 92008
TELEPHONE: (760) 602-2739
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 21st day of MAY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
\TTEST
&%WINE M. WOOD. Ciwerk
~ANICE BREITENFELD, Deputy City Clerk
'age 4 of 4 of Resolution No. 2002-150
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Isabelle Paulsen, Deputy Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy
with the original Resolution No. 2002-150 now on file in the Office of the City
Clerk: that the same contains a full, true and correct transcript therefrom and of
the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 29th day of
Mav, 2002.
ISABELLE PAU~~EN
DEPUTY CLERK
(SEAL)
~
City of Carlsbad
MITIGATED NEGATIVE DECLARATION
Project Addresskocation: The project is generally located in the southwest quadrant of the
City of Carlsbad, south of Palomar Airport Road, north of the
Aviara community, east of Aviara Parkway, and west of El
Camino Real.
Project Description: The project involves a reformation of the existing, Bridges and
Thoroughfares (B&T) District No. 2. The purpose of the reformation is
B&T No. 2 among properties within the district. to reallocate the costs of existing, and future, road improvements within
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
initial study (EIA Part 2) identified potentially significant effects on the environment, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project “as revised” may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on fi!e in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the
public are invited. Please submit comments in writing to the Planning Department within 30
days of date of issuance. If you have any questions, please call Jason Martin in the Planning
Department at (760) 602-4619.
DATED:
CASE NO:
CASE NAME:
DECEMBER 18,2000
EIA 00-09
REFORMATION OF BRIDGES
AND THOROUGHFARE DISTRICT NO. 21
PUBLISH DATE:
1635 Faraday Avenue Carlsbad. CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 - www.ci.carlsbad.ca.us @ 10
-
City of Carlsbad
~~
ENVIRONMENTAL IMPACT ASSESSMENT - Part I1
(Initial Study Checklist)
CASE NAME Reformation of Bridge and Thoroughfare District No. 2
CASE NO. EL4 00-09
LEAD AGENCY City of Carlsbad ADDRESS 1635 Faraday Ave
DEPARTMENT Planning Department Carlsbad, CA 92008-7314
CONTACT Jason Martin
TITLE
TELEPHONE (760) 602-4619
Associate Planner E-MAIL jmart@ci.carlsbad.ca.us
APPLICANT City of Carlsbad ADDRESS 1635 Faraday Avenue
Public Works Department.
CONTACT Dave Hauser TITLE Deputy City Engineer E-MAIL dhaus@ci.carlsbad.ca.us
Carlsbad, CA 92008-7314
TELEPHONE (760) 602-2855
OTHER PUBLIC AGENCIES WHOSE APPROVAL. IS 1. United States Fish and Wildlife Service
REQUIRED (i.e. permits, financing approval, or 2. California Department of Fish and Game
participation agreements) 3. City of Carlsbad Planning Commission
PROJECT DESCRTPTION, LOCATION, AND ENVIRONMENTAL. SETT’ING
The project involves a reformation of the existing, Bridges and Thoroughfares @&T) District No. 2.
within B&T No. 2 among properties within the district. Pursuant to Section 15273b of the CEQA
The purpose of the reformation is to reallocate the costs of existing, and future, road improvements
improvements which will expand the circulation system, it does not qualify for a statutory exemption.
Guidelines, since the project involves new rates or charges that will be used to finance capital
The funds generated will be used to both 1) reimburse developers who have previously installed road
improvements, and 2) finance uncompleted improvements. Generally, the proposed reformation of B&T
No. 2 has been necessitated by higher than unanticipated right-of-way acquisition costs and natural
habitat impact mitigation costs, compounded by an overall less than anticipated residential dwelling unit
yield in the district.
B&T No. 2 is one of several districts established in the City over the years to assist in the financing of
area-specific circulation related improvements. B&T No. 2 was established in 1997 for major road
improvements in a portion of the southwest quadrant of the City, east of the Interstate 5 Freeway and
north of the Aviara community. A map of the B&T No. 2 district boundary is included as Attachment 1.
B&T N0.2 involves road construction of segments of two General Plan designated major arterials:
Aviara Parkway, between Palomar Airport Road and Poinsettia Lane, and Poinsettia Lane, between
Aviara Parkway and El Camino Real. The segments, (i.e. “Reaches” 1,2,3, A, B, C, D, E, F, and G), are
depicted on the map included as Attachment 2. Nearly all of the reaches are complete. Reaches 1,2 and
3 of Aviara Parkway are complete. Reaches A, B, D, and G of Poinsettia Lane are complete. Reaches F
1 Rev. 05/03/00
1635 Faraday Avenue - Carlsbad. CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us
and G are nearing completion. Reach C will be completed in conjunction with the De Jong residential
development project.
Environmental issues and/or impacts associated with each of the various roadway segments, excepting E,
have been previously analyzed, documented, and mitigated as necessary. The following table lists the
various roadway sub-segments, the associatedrelated development plan or project (by common name
and tract number), and the certified environmental documents.
Reach
1 ____
2
3
A
B
C
D
F
G
Associated and/or Related
Zone 20 Master Plan EIR No. 90-03 Cobblestone Village (CT 84-32)
Environmental Document(s)
Development Plan(s) or Project(s)
SCH # 90010834
Cobblestone Village EIR 83-3
SCH# not available
Cobblestone Village Amendment (CT 84-32A) Mitigated Negative Declaration
SCH # 88081005
Mariano Subdivision (CT 97-14) Zone 20 Master Plan EIR No. 90-03
SCH# 90010834
Mariners Point (CT 91-12) I Zone 20 Master Plan EIR No. 90-03
SCH# 90010834
SCH # 93081010
SCH# 90010834
SCH# 90010834
SCH #98111082
SCH# not available
SCH#93101049
SCH# not available
SCH# 991 11035
Sambi Property (CT 92-02)
Zone 20 Master Plan EIR No. 90-03 Ocean Bluff (CT 93-09)
Zone 20 Master Plan EIR No. 90-03 City Road Project (EIA 98-14)
Mitigated Negative Declaration
De Jong Property (CT 98-05) Mitigated Negative Declaration
Aviara Master Plan (formerly Pacific Rim) Pacific Rim Master Plan EIR No. 83-02A
Aviara Phase III (CT 92-03)
Mitigated Negative Declaration Steiner Property (CT 99-13)
Mitigated Negative Declaration Lohf Property (CT 97- 15)
Mitigated Negative Declaration
The one remaining sub-segment in B&T No. 2, Reach E, is in the planning stages. The remaining
The segment would complete Poinsettia Lane kom the 1-5 Freeway east to El Camino Real. Reach E
segment would connect existing already completed, or nearly completed, segments of Poinsettia Lane.
would bisect an area characterized by moderate to steep sloping topography which exhibits a mix of both
disturbed/developed habitat and undisturbed habitat including Southern Maritime Chaparral and Coastal
required to obtain a Coastal Development Permit which would be issued by the City. As nearly all of the
Sage Scrub. The site is located within the Mello I1 section of the City’s Local Coastal Program, and is
B&T No 2 improvements have already been completed or are underway, and were considered under
separate environmental documents, the focus of the environmental review in this document is on Reach
E of Poinsettia Lane.
2 Rev. 05/03/00
I2
SUMMARY OF ENVIRONMENTAL. FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
Aesthetics 0 Geology/Soils Noise
c] Agricultural Resources c] Hazards/Hazardous Materials 0 popu1ation and Housing
[XI Air Quality [XI HydrologyNater Quality Public Services
[XI Biological Resources 0 Land Use and Planning 0 Recreation .
0 Cultural Resources Mineral Resources TransportatiodCirculation
c]Mandatory Findings of c] Utilities & Service systems Significance
3 Rev. 05/03/00
I3
DETERMINATION.
(To be completed by the Lead Agency)
0
[XI
0
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect@) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. A Neg Dec is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review WEIR 93-01),
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
4 Rev. 5/3/00
lq
ENVIRONMENTAL. IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except “No Impact” answers that are
adequately supported by an information source cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
“No Impact” answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
“Less Than Significant Impact” applies where there is supporting evidence that the
potential impact is not significantly adverse, and the impact does not exceed adopted
general standards and policies.
“Potentially Significant Unless Mitigation Incorporated” applies where the incorporation
of mitigation measures has reduced an effect from “Potentially Significant Impact” to a
“Less Than Significant Impact.” The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an
effect is significantly adverse.
Based on an “EN-Part II”, if a proposed project could have a potentially significant
adverse effect on the environment, but all potentially significant adverse effects (a) have
been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR
or Mitigated Negative Declaration, including revisions or mitigation measures that are
imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required
by the prior environmental document have been incorporated into this project, then no
additional environmental document is required (Prior Compliance).
When “Potentially Significant Impact” is checked the project is not necessarily required
to prepare an EIR if the significant adverse effect has been analyzed adequately in an
earlier EIR pursuant to applicable standards and the effect will be mitigated, or a
“Statement of Overriding Considerations” has been made pursuant to that earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant adverse effect on the
environment.
5 Rev. 5/3/00
If there are one or more potentially significant adverse effects, the City may avoid
preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to
less than significant, and those mitigation measures are agreed to by the developer prior
to public review. In this case, the appropriate “Potentially Significant Impact Unless
Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be
prepared.
An EIR must be prepared if “Potentially Significant Impact” is checked, and including
but not limited to the following circumstances: (1) the potentially significant adverse
effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable
standards, and the developer does not agree to mitigation measures that reduce the
adverse impact to less than significant; (2) a “Statement of Overriding Considerations”
for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant,
or; (4) through the EIA-Part I1 analysis it is not possible to determine the level of
significance for a potentially adverse effect, or determine the effectiveness of a mitigation
measure in reducing a potentially significant effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
fonn under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
6 Rev. 5/3/00 I’D
Issues (and Supporting Information Sources) Potentially Significant
Impact
I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista?
(#l:Pgs 5.11-1 - 5.11-5) 0
0 b) Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway? (#l:Pgs 5.11-
1 - 5.11-5)
c) Substantially degrade the existing visual character or
quality of the site and its surrnundings? (#l:Pgs 5.1 1-1 - 5.11-5)
0
0 d) Create a new source of substantial light and glare
which would adversely affect day or nighttime views in
thearea?(#l:Pgs5.11-1-5.11-5)
Potentially Less Than No
Significant Significant Impact
Incorporated Mitigation Unless Impact
0 UIXI
0 om
0 om
0 OH
11. AGRICULTRAL RESOURCES - Would the project: (In determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land
by the California Department of Conservation as an
Evaluation and Site Assessment Model-1997 prepared
agriculture and farmland).
optional model to use in assessing impacts on
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
Mapping and Monitoring Program of the California
shown on the maps prepared pursuant to the Farmland
Resources Agency, to non-agricultural use? (#l:Pgs
5.6-1 - 5.6-18)
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? (#l:Pgs 5.6-1 - 5.6-18)
c) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
(#l:Pgs 5.6-1 - 56-18)
0 OH
0 0 om
0 0 OH
111. AIR QUALITY - Would the project:
(Where available, the significance criteria established
by the applicable air quality management or air pollution control district may be relied upon to make
the following determinations).
a) Conflict with or obstruct implementation of the
applicable airqualityplan? (#l:Pgs 5.3-1 - 5.3-12) 0 0 01
7 Rev. 5/3/00
Issues (and Supporting Information Sources) Potentially Significant Impact
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation? (#l:Pgs 5.3-1 - 5.3-12)
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is in 0
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)? (#l:Pgs 5.3-1 - 5.3-12)
concentrations? (#l:Pgs 5.3-1 - 5.3-12) 0 d) Expose sensitive receptors to substantial pollutant
e) Create objectionable odors affecting a substantial
number ofpeople? (#l:Pgs 5.3-1 - 5.3-12)
IV. BIOLOGICAL. RESOURCES - Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as a candidate, sensitive, or special status species in
California Department of Fish and Game or US Fish
local or regional plans, policies, or regulations, or by
and Wildlife Service? (#l:Pgs 5.4-1 - 5.4-24)
0
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural communitv identified 0
Potentially Less Than No
Significant Significant Impact
Mitigation Unless Impact - Incorporated on
0 om
0 om
om
[XI
0 0
0
in local or regional plans, policies, or regulations or by
California Department of Fish and Game or US Fish and Wildlife Service? (#l:Pgs 5.4-1 - 5.4-24)
Have a substantial adverse effect on federally protected
wetlands as defmed by Section 404 of the Clean Water
Act (including but not limited to marsh, vernal pool,
coastal, etc.) through direct removal, filing,
hydrological interruption, or other means? (#l:Pgs 5.4-
1 - 5.4-24)
resident or migratory fish or wildlife species or with
Interfere substantially with the movement of any native 0
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites? (#l:Pgs 5.4-1 - 5.4-24)
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance? (#l:Pgs 5.4-1 - 5.4-
0 05
0 05
0 0 om
24)
Conservation Plan, Natural Community Conservation
Conflict with the provisions of an adopted Habitat
Plan, or other approved local, regional, or state habitat
conservation plan?
0 5 no
8 Rev. 5/3/00
Issues (and Supporting Information Sources).
.~ .
Potentially Significant
Impact
V. CULTURAL RESOURCES - Would the project:
a) Cause a substantial adverse change in the significance
of a historical resource as defmed in §15064.5? (#l:
Pgs 5.8-1 - 5.8-10)
0
0
0
0
b) Cause a substantial adverse change in the significance
of an archeological resource pursuant to §15064.5? (#I: Pgs 5.8-1 - 5.8-10)
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? (#I: Pgs
5.8-1 - 5.8-10)
d) Dishxb any human remains, including those interred
outside offormal cemeteries? (#I: Pgs 5.8-1 - 5.8-10)
VI. GEOLOGY AND SOILS - Would the project
a) Expose people or smctures to potential substantial
adverse effects, including the risk of loss, injury or
death involving: (#l:Pgs 5.1-1 - 5.1-15)
i. Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a known fault? Refer to Division of Mines and
Geology Special Publication 42. (#l:Pgs 5.1-1 -
5.1-15)
ii. Strong seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-
15) 0
iii. Seismic-related ground failure: including
liquefaction?(#l:Pgs 5.1-1 - 5.1.15) 0
iv. Landslides? (#l:Pgs 5.1-1 - 5.1-15) 0
b) Result in substantial soil erosion or the loss of topsoil?
(#l:Pgs 5.1-1 - 5.1-15) 0
0 c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
spreading, subsidence, liquefaction, or collapse?
and potentially result in on- or off-site landslide, lateral
(#l:Pgs 5.1-1 - 5.1-15)
d) Be located on expansive soils, as deiined in Table 18 -
1-B of the Uniform Building Code (1994), creating
substantial risks to life orproperty? (#l:Pgs 5.1-1 - 5.1-
0
15)
Significant Potentially
Unless Mitigation Incorporated
0
0
0
0
0
0
Kl
0
0
Significant Impact
LessThan No
Impact
om
om
om
OIXI
9 Rev. 5/3/00
Issues (and Supporting Information Sources).
~~
Potentially
Significant
Impact
e) Have soils incapable of adequately supporting the use
of septic tanks or alternative waste water disposal
systems where sewers are not available for the disposal
ofwaste water? (#l:Pgs 5.1-1 ~ 5.1-15)
0
VII. HAZARDS AND HAZARDOUS MATERIALS -
a) Create a significant hazard to the public or the
Would the project:
environment through the routine transport, use, or
disposal of hazardous materials? (#l:Pgs 5.10.1-1 -
5.10.1-5)
0
b) Create a significant hazard to the public or environment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials
into the environment? (#l:Pgs 5.10.1-1 - 5.10.1-5)
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?(#l:Pgs 5.10.1-1 - 5.10.1-5)
0
0
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
would it create a significant hazard to the public or
Government Code Section 65962.5 and, as a result,
environment? (#l:Pgs 5.10.1-1 - 5.10.1-5)
0
e) For a project within an airport land use plan or, where
such a plan has not been adopted, within two miles of a
public airport or public use airport, would the project
result in a safety hazard for people residing or working
in the project area? (#l:Pgs 5.10.1-1 - 5.10.1-5)
0
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area? (#l:Pgs 5.10.1-
1 - 5.10.1-5)
0
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5)
0
I7 h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fues, including
where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
(#l:Pgs 5.10.1-1 - 5.10.1-5)
-
Potentially Less Than No Significant Significant Impact
Mitigation Unless Impact
Incorporated 0 UIXI
0
0 nm
0 UIXI
0 OIXI
0 om
0 om
10 Rev. 5/3/00
VIII. HYDROLOGY AND WATER QUALITY - Would
the project:
a) Violate any water quality standards or waste discharge
requirements? (#l:Pgs 5.2-1 - 5.2-1 1)
b) Substantially deplete groundwater supplies or interfere
substantially with ground water recharge such that
there would be a net deficit in aquifer volume or a
lowering of the local ground water table level ( i.e. the
production rate of pre-existing nearby wells would
drop to a level which would not support existing land
uses or planned uses for which permits have been
granted)? (#l:Pgs 5.2-1 - 5.2-11)
0
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
result in substantial erosion or siltation on- or off-site?
course of a stream or river, in a manner which would
(#l:Pgs 5.2-1 - 5.2-11)
0
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase the
rate or amount of surface runoff in a manner which
would result in flooding on- or off-site? (#l:Pgs 5.2-1 ~
5.2-1 1)
0
e) Create or contribute runoff water which would exceed
the capacity of existing or planned Stormwater drainage
systems or provide substantial additional sources of
pollutedrunoff? (#l:Pgs 5.2-1 - 5.2-11)
0
r) Otherwise substantially degrade water quality? (#l:Pgs
5.2-1 - 5.2-11) 0
0 g) Place housing witbin a 100-year flood hazard area as
mapped on a Federal Flood Hazard Bounda~y or Flood
Insurance Rate Map or other flood delineation map?
(#l:Pgs 5.2-1 - 5.2-11)
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? (#l:Pgs
5.2-1 - 5.2-11)
i) Expose people or structures to a significant risk of loss
injury or death involving flooding, including flooding
as a result of the failure of a levee or dam? (#l:Pgs 5.2-
1 - 5.2-1 1)
0
j) Inundation by seiche, tsunami, or mudflow? (#l:Pgs 5.2-1 - 5.2-11)
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established community? (#l:Pgs
5.6-1 - 5.6-18) 0
!a
0
0 17 B'
0 n!a
OIXI
0 o IXI
11 Rev. 5/3/00
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plq
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect? (#l:Pgs 5.6-1 -
5.6-18)
~.
c) Conflict with any applicable habitat conservation plan 0 or natural community conservation plan?
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5
& 5.13-1 - 5.13-9)
0
b) Result in the loss of availability of a locally important
mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
(#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
0
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
agencies? (#l:Pgs 5.9-1 - 5.9-15)
or noise ordinance or applicable standards of other
0
b) Exposure of persons to or generation of excessive
groundboume vibration or groundboume noise levels?
(#l:Pgs 5.9-1 - 5.9-15)
0- c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project? (#l:Pgs 5.9-1 - 5.9-15)
d) A substantial temporary or periodic increase in ambient 0
noise levels in the project vicinity above levels existing
without the project? (#l:Pgs 5.9-1 - 5.9-15)
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within 2 miles
project expose people residing or working in the
of a public airport or public use airport, would the
project area to excessive noise levels? (#l:Pgs 5.9-1 -
5.9-15)
0
fj For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive noise levels? (#l:Pgs 5.9-
1 - 5.9-15)
0
0
0
0
OB
om
om
om
12 Rev. 5/3/00
XII. POPULATION AND HOUSING - Would the project:
a) Induce substantial growth in an area either directly (for
example, by proposing new homes and businesses) or 0 0 om
indirectly (for example, through extension of roads or
other infrastructure)? (#l:Pgs 5.5-1 ~ 5.5-6)
necessitating the construction of replacement housing 0 0 om
elsewhere? (#l:Pgs 5.5-1 - 5.5-6)
the construction of replacement housing elsewhere? 0 0 OIXI
(#l:Pgs 5.5-1 - 5.5-6)
h) Displace substantial numbers of existing housing,
c) Displace substantial numbers of people, necessitating
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or
physically altered government facilities, a need for new
or physically altered government facilities, the
environmental impacts, in order to maintain acceptable
construction of which could cause signifcant
objectives for any of the public services:
service ratios, response times, or other performance
i) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
ii) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4)
iii) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5)
iv) Parks? (#l:Pgs 5.12.1-1 - 5.12.8-7)
v) Otherpublic facilities? (#l:Pgs 5.12.1-1 - 5.12.8-7)
RECREATION
neighborhood and regional parks or other recreational Would the project increase the use of existing
facilities such that substantial physical deterioration of
the facility would occur or he accelerated? (#l:Pgs
5.12.8-1 - 5.12.8-7)
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities which might have an adverse physical effect
on the environment? (#l:Pgs 5.12.8-1 - 5.12.8-7)
TRANSPORTATION/TRAFFIC - Would the project:
relation to the existing traffic load and capacity of the
Cause an increase in trafiic which is substantial in
either the number of vehicle trips, the volume to
street system (is. result in a substantial increase in
capacity ratio on roads, or congestion at intersections)?
(#l:Pgs 5.7-1 - 5.7.22)
cl H
0 0 om
0
13 Rev. 5/3/00 2-3
.~.
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion 0 0
management agency for designated roads or highways.
(#l:Pgs 5.7-1 - 5.7.22)
-. ..
e)
1
F h
OIXI
Result in a change in air traffic patterns, including
either an increase in trafflc levels or a change in 0 0 om
5.7-1 - 5.7.22)
location that results in substantial safety risks. (#l:Pgs
(e.g. sharp curves or dangerous intersections) or
Substantially increase hazards due to a design feature
incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1
~ 5.7.22)
0 0 OH
Result in inadequate emergency access? (#l:Pgs 5.7-1 -
5.7.22) 0 UIXI
Result in insufficient parking capacity? (#l:Pgs 5.7-1 -
5.7.22) 0 0 om
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g. bus turnouts, 0 0 OIXI
bicycle racks)? (#l:Pgs 5.7-1 - 5.7.22)
UTILITIES AND SERVICES SYSTEMS - Would the
project
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? 0 0 om
(#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing 0 0 UIXI
significant environmental effects? (#l: Pgs 5.12.1-1 - facilities, the construction of which would cause
5.12.8-7)
Require or result in the construction of new storm
water drainage facilities or expansion of existing 0 0 OR
facilities, the construction of which could cause
signiflcant environmental effects? (#l:Pgs 5.12.2-1 -
5.12.3-7)
3ave sufficient water supplies available to serve the
xoject from existing entitlements and resources, or are 0 0 OB
lew or expanded entitlements needed? (#l:Pgs 5.12.3-
I - 5.12.3-7)
tesult in a determination by the wastewater treatment
provider which serves or may serve the project that it 0
bas adequate capacity to serve the project’s projected
lemand in addition to the provider’s existing
ommitments? (#l:Pg 5.2-8)
Le served by a landfill with sufficient permitted
apacity to accommodate the project’s solid waste 0
isposal needs? (#l:Pgs 5.12.4-1 - 5.12.4-3)
0 OH
14 Rev. 5/3/00 2q
g) Comply with federal, state, and local statutes and regulations related to solid waste? (#l:Pgs 5.12.2-1 -
5.12.3-7)
XVJl. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
habitat of a fish or wildlife species, cause a fish or
quality of the environment, substantially reduce the
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
prehistory?
examples of the major periods of California history or
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
viewed in connection with the effects of past projects,
incremental effects of a project are considerable when
probable future projects)? the effects of other current projects, and the effects of
c) Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
XVIII. EARLlER ANALYSES
0
0
0
0
0
IXI
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)@). In this case a discussion should identify the
following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available
for review.
b) Impacts adequately addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document pursuant
to applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation measures. For effects that are “Less than Significant with Mitigation
Incorporated,” describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-
specific conditions for the project.
15 Rev. 5/3/00
-
DISCUSSION OF ENVIRONMENTAL EVALUATION
-
Air quality
In 1994 the City prepared and certified an EIR which analyzed the impacts which will result
from the build-out of the City under an updated General Plan. That document concludes that
continued development to build-out as proposed in the updated General Plan will have
cumulative significant impacts in the form of increased gas and electric power consumption and
vehicle miles traveled. These subsequently result in increases in the emission of carbon
monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates.
These aerosols are the major contributors to air pollution in the City as well as in the San Diego
Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air
emissions are considered cumulatively significant: therefore, continued development to build-out
as proposed in the updated General Plan will have cumulative significant impacts on the air
quality of the region.
To lessen or minimize the impact on air quality associated with General Plan build-out, a variety
of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage alternative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is
located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked
“Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification ofFinal Master EIR 93-01, by City
Council Resolution No. 94-246, included a “Statement Of Ovemding Considerations” for air
quality impacts. This “Statement Of Ovemding Considerations” applies to all projects covered
by the General Plan’s Final Master EIR. This project is within the scope of that MER This
document is available at the Planning Department.
MEIRs may not be used to review projects if they were certified more than five years prior to the
filing of an application for a later project except under certain circumstances. The City is
currently reviewing the 1994 MEIR to determine whtther it is still adequate to review subsequent
projects. Although the MEIR was certified more than five years ago, the City’s preliminary
review of its adequacy finds that no substantial changes have occurred with respect to the
circumstances under which the MEIR was certified. Additionally there is no new information,
which was not know and could not have been known at the time the MEIR was certified.
IV. Biology
a) As indicated in the Project Description section of this document, the project is a reformation
of an existing infrastructure financing district for the re-allocation of costs among property
owners. All improvements are either complete, underway, and/or have been addressed in prior
environmental documents. One segment of roadway along Poinsettia Lane, Reach E, is in the
planning stages. The Reach E site is characterized by a mix of both disturbeddeveloped habitat
and un-disturbed habitat consisting of Southern Maritime Chaparral and Coastal Sage Scrub. It
16 Rev. 5/3/00
~~
is expected that the ultimate alignment of Reach E will impact these resources to some degree. It
is also expected that the impacts can be mitigated to a level of insignificance. Mitigation
measures for this project require the City to 1) select the least environmentally damaging road
alignment alternative, 2) develop a detailed impact mitigation plan which will be approved by
United States Fish and Wildlife Service and the California-Department of Fish and Game, and 3)
obtain a City discretionary permit (the Coastal Development Permit) where the final alignment,
habitat impacts, and mitigation details will be disclosed at a public hearing.
b) See response IVa above.
c) See response IVa above.
VI. Geology and Soils
b) The Reach E portion of Poinsettia Lane possesses the potential to create both interim and long
term soils erosion impacts in and around the vicinity of the subject site. It is expected however
that potential impacts can be mitigated to a level of insignificance. Mitigation measures for this
project require the City to 1) select the least environmentally damaging road alignment and 2)
obtain a City dwretionary permit (the Coastal Development Permit) where the final alignment
and erosion control measures, which would comply with City Erosion Control and NPDES
standards, will be disclosed at a public hearing.
VIII. Hydrology and Water Quality
See response Vfi above
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of
Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
"
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update
(MEIR 93-01). City of Carlsbad Planning Department. March 1994.
17 Rev. 5/3/00 3
LIST OF MITIGATING MEASURES (IF APPLICABLE)
1. Supporting documentation shall be submitted, which demonstrates to the satisfaction of the
Planning Director, that the least environmentally damaging road alignment for Reach E of
Poinsettia Lane has been selected.
2. A detailed mitigation plan for impacts to habitat resources shall be submitted for review
and approval. Final approval of the mitigation plan shall be by the US Fish and Wildlife
Service and the California Department of Fish and Game.
3. The City shall process and receive approval of a Coastal Development Permit for Reach E
of Poinsettia Lane prior to commence any construction activity for Reach E.
18 Rev. 5/3/00 2!t
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING
MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE
PROJECT.
19 Rev. 5/3/00 13\
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
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
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
Facilities Management Plans (LFMP) for Zones 5, 19, 20 and 21,
Poinsettia Lane. This financing program is required pursuant to conditions of approval for Local
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
for development within the Fee Area. If such construction is required, credits andlor
and Poinsettia Road improvements prior to or concurrent with the issuance of building permits
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,
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
BBTO No. 2 Updated Fee Study Report 1
Plan as a four lane, 102 feet right-of-way, major east/west 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 northkouth 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.
IMPROVEMENTS
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 (collectively the "B&TD No. 2 Improvements"). 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 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
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, either
a 300-fOOt long bridge or retaining walls in Reach E of Poinsettia Lane to
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
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 the cost of engineering design, management, and inspection during
construction as well as the administrative cost of acquiring rights-of-way.
BBTD No. 2 Updated Fee Study Repolt 2
BOUNDARIES OF B&TD No. 2
The Fee Area includes every parcel within the boundaries of B&TD 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 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 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 mapsldevelopment 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.
completed relating to future densities, 75% of the net developable acres were multiplied
For those residential properties where there have been no preliminary studies
constrained land pursuant to Chapters 21.53 and 21.90 of the Carlsbad'Municipal Code)
by the Growth Management Control Point (the dwelling units per acre of non-
to determine the estimated unit intensities.
w
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:
m Only Aviara Parkway benefits that portion of Zone 5 within the Fee Area
w The portion of Zone 19 within the Fee Area is benefited only by that part of Poinsettia
Lane within the boundaries of Zone 19.
w 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.
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.
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:
5 I 4,288 I 0 II 19 n n I 11 4 parcels in I 1,130 I 0 II
0&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:
... , , , , , , . ,
Updated Cost Estimate
Distribution of Trip Benefit (ADT) I 24,956 I 27,144
,I.;.; .,.,,. , , I,‘,;, , ,,,I 1 $5,820,211 I $26,735,022
Preliminary Cost per Trip
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.
BBTO No. 2 Updated Fee Study RepOlt 4
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.
The following recommendations make up the full extent of the BBTD 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:
19 NIA
~~~ ~
NIA
4 parcels in I NIA NIA $235
Zone 20
20 $540 $602 $1,220
31 $31 2 $985
* 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 afler City Council's approval
following a hearing on the updated and modified fee.
2. The BBTD 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
BBTD 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
Master Plan Phase 111 (which is a portion of LFMP Zone 19) and parcels which have
Lane and are therefore only paying the fee for Aviara Parkway), parcels in the Aviara
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 andlor 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 BBTD
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 andlor
work included within the cost estimates upon which the B&TD No. 2 Fee is based are
reimbursement, subject to the approval of the City Council. Only those improvements or
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
-
BBTD No. 2 Updated Fee Study Report 6
33
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
APPENDIX "A"
Location Map
LOCATION MAP
I NOT ro SCALE
NAME POINSETTIA LANE & AVIARA PARKWAY
ROAD WA Y EXTENSIONS
APPENDIX "B"
Cost Estimates
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 8 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 RMI per Brabant Ltr of 8/13/98 ($240,000-$162,000-$20,000 for inter)
$
$ 5,000 Schindler RMI
General $
$
40,684 112 Formation costs
$
78,500 112 audited cost of intersection at Aviara ParkwayIPoinsettia by Catellus
$
54,910 Audit costs for Sambi 8 Cobbelstone
$
40,000 Remaining audit costs
$
37,647 Condemnation costs for Aviara Parkway up to 5-24-01
150,183 1/2 of City Expense, Projects 3546, 3595, 3673 and 3674 up to 5-24-01
$
$ 300,000 Contingency
17,500 1/2 updated Fee Study Report
$ 5,820,211 Total For Aviara Parkway
2 $ 1.31 0,742 Mariano Construction, Design, Inspection and Constr Admin Cost
11 1,600 Additional RMI amount for Sarkaria ($143,000 - $31,400 paid by Sambi)
Notes
(1) See Location Map in Appendix A
Report-App B-Updated Cost Est-6
City of Carlsbad
Bridge 8 Thoroughfare District No. 2
(Aviara Parkway - Poinsettia Lane)
Updated Cost Estimate
Poinsettia Lane
Reach (1) Cost Estimate Remarks
A
B
$ 1,425,472 Budget amount from Catellus dated 5/12/00
$
$
918,867 Budget amount from Catellus dated 11/10/00
$ 4,600,000 RMI estimate for Fernandez, Rudavalis and Baker
630,000 RMI for Carlsbad Promenade + $5,000 legal expense
$ 355,000 RMI for Aitchison + $5,000 for legal expense
$ 480,000 RMI for Gallagher + $5,000 for legal expense
$
$
7,800 RMI for Hidalgo + $5,000 for legal expense
C
250,000 Legal and Acquisition Services for RMI
$ 1,750,737 Construction Estimate based on 100% 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 WW for DeJong, Kaiser and Nelson
$
15,000 Appraisal of RMI
D $
70,000 Legal and Acquisition costs - This is a wash since Zone 19 paid for improvements in lieu of B&TD#2 fee
E $ 8.500.000 Construction Estimate based on 30% PSBE plus mitigation
$ 700,000 Design fee for Reach E
$ 250,000 City admin costs for Reach E
$ 150,000 Environmental analysis and acquisition of permits
$
$ 1,090,000 RMI for Reiter, Maldonado. REH (Harrison) and Sudduth
600,000 Inspection and Constr Admin
$ 50,000 Appraisal of RMI
$ 150,000 Legal and Acquisition costs
F $
$
841,259 Lohf CT 97-15 Construction, design, inspection, RMI and legal
15,000 City admin costs for Reach F
$
G
420,000 estimate of RMI for Lohf
$
$
635,494 Lohf off-site Construction, design, inspection, RMI and legal
10,000 City admin costs for Reach G
General $
$
40.684 1/2 Formation costs
$
78,500 1/2 audited cost of intersection at Aviara ParkwaylPoinsettia 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
APPENDIX "D"
Analysis of Trips
r H a
APPENDIX “E”
SANDAG Guide for Traffic
Generation Rates
.- .. ...
BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES FOR THE SAN OlEGO REGION
JULY 1-8
u*suLIIl ,op. ID.r.l..-.- ........................ 18011:ZI 2,"'
CommmraLnws ................................................. 1,440151 I-" ~1.1115.. Cammlsl.8 .Emran *,c.. 6" h"., ........ I"""!
I. ,e., IM Its1
It,
..o
APPENDIX “F”
Methodology to adjust
B&TD No. 2 fee for increase
in cost of land acquisition
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 B&TD 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.
IO. See the following example for the guidelines in calculating this increase in the
oooomooooo OOOO~OOOOO ooomlcooooo 0- w- 0- m- 0- 0- d 0- d o m-mwlcowmam NmmmOPPPPP
6969
APPENDIX “G”
Glossary
GLOSSARY
Acre
Average Daily Trips
Assessor's 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
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
RTI P
RNV
SANDAG
SFD
20 April, 2002
Mayor and City council members
Carlsbad, Ca..92008
George Bolton
6583 Black Rail Road
Carlsbad, Ca..92009
Re: Bridge & Thoroughfare fee increases
Ladies and Gentlemen:
I reviewed the tape of City council meeting on April?, 2009.
Towards the end of the tape Mr. Hauser refers to the litigation
between the City and Rudvalis/Baker. Unless this litigation directly
involves the property owners reluctance to relinquish the right of way
for Poinsettia Lane no funds therein relating to the cost of the litigation
should be included in the bridge and thorough fare #2.
The cost of such litigation should be borne by the taxpayers city wide
and not just property owners in zone 20. I think to do as suggested in
the tape is creative book keeping or possibly what the English call
“sharp practice”.
If the City wins the litigation on appeal will the government reduce the
fees s to the property owners in zone 20? Not likely!
If the City looses the litigation then all the costs will be laid on the
property owners of zone 20. We can’t win!!
In light of all this, I do therefore protest the increase of the fees.
It is ironic that the government is having so much trouble with
segment IF’. Some of you may recall that the late Mr. Guy S. Moore
implored the government on several occasions to proceed due East
instead of gerrymandering Poinsettia Lane to the South. No one
would listen then so we are all paying now!!
Thank you for your attention,
NOTICE OF PUBLIC HEARING
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
CITY OF CARLSBAD
(Aviara Parkway - Poinsettia Lane)
A public hearing, pursuant to Section 66484 of the California Government Code, will be held
before the City Council at 6:OO p.m. on Tuesday, May 21,2002 in the City Council Chambers
located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. At that time, the City Council will
.Thoroughfare District (B&TD) No. 2 (Aviara Parkway - Poinsettia Lane) (the "District"). The City
hear from all interested parties regarding the modification of the fees levied for Bridge and
Council will determine whether the owners of a majority of the area of the property in the District
have protested against the modification of the fees and consider whether or not to approve such modification.
Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara The fees will be used by the City to finance the cost of existing and proposed construction of
Parkway to El Camino Real. The proposed improvements to these two major arterial roadways
include full width grading, paved road surface for two lanes, median curbs and temporary outside
asphalt swales or berms (the "Improvements"). The remaining pzved road surface lanes either
have been or will be constructed by developers as required.
The District was originally formed and the original fees were authorized to be levied and collected
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. The costs to acquire the
and the amount of development within the District has changed since the formation of the District. right-of-way for the Improvements and to construct the Improvements have increased significantly
the fees in order to ensure that the properties subject to the fees pay their proportionate share of
It is necessary to update the initial Fee Study Report dated April 3, 1997 and update and modify
the revised costs necessary to acquire the right-of-way for the Improvements and to construct the
Improvements.
The District fee will continue to be charged at the time of building permit issuance for development of property within the District, which is subject to the levy of the fee. No other property
assessments or other charges will be levied against these properties for the Improvements. The
amount of the current fee varies from $290 to $602 per average daily trip (ADT) depending upon
the location of the property. The amount of the proposed fee varies from $235 to $1,220 per ADT
depending upon the location of the property. A single family detached residence generates 10
ADT so the proposed fee per each new residence would vary from $2,350 to $12,200. This
proposed fee may be adjusted in the future based on changes in construction or land acquisition
costs. The one time fee will be paid upon the development of the property and only at the time
building permits are issued (excluding those properties which have entered into prepayment
agreements with the City).
Properties on which existina homes are located will not be subiect to the new fee.
Please note that this action will only establish the funding mechanism to finance that share of the cost of the above Improvements alkcable to the properties within the District, which are subject to
the levy of the fee. No detailed schedule for the construction of the Improvements is available at
this time. The Improvements may be constructed either by the City or incrementally by
developers in response to the needs of the various developments. District funds may be used to
reimburse either the City or developers for their costs incurred to construct a portion of the
Improvements if the updated and modified fees are approved by the City Council after the hearing. If the updated and revised fees are not approved, there will be insufficient funds
available to pay for the construction of the missing roadway segments in Poinsettia Lane.
A copy of the map showing the boundaries of the District is shown below for your information. A
copy of the "Updated Fee Study Report" dated March 4, 2002 for the District is available for your
inspection at the following two City offices: (1) Engineering Counter, Faraday Center, 1635
Carlsbad, CA 92008.
Faraday Avenue, Carlsbad, CA 92008 and (2) City Clerk, City Hall, 1200 Carlsbad Village Drive,
Written protests may be filed with the City Clerk at or before the time set for the public hearing. If
written protest are made by property owners of more than one-half of the area of land to be
the City will abandon these proceedings and will not commence any new proceedings to update
benefited by the Improvements, and are not withdrawn prior to the conclusion of the hearing, then
and modify the fees levied to pay for the same Improvements for a period of one year thereafter.
fees to be levied for the District, you may contact the following person:
For further information related to either the District or the proposed update and modification of the
David Hauser
Deputy City Engineer 1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-2739
MEMORANDUM
April 9, 2001
TO: City Clerk
VIA: David Hauser, Deputy City Engineer for Planning and Programs
FROM: Galen N. Peterson
NEWSPAPER ADVERTISEMENT FOR NOTICE OF PUBLIC HEARING ON PROPOSED
UPDATE TO BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY -
POINSETTIA LANE)
Enclosed for your action is a copy of the newspaper advertisement titled "Notice of Public
Hearing". Please send this to the appropriate newspaper after the April 9, 2002 Council
meeting that approves the Agenda Bill. The newspaper advertisement shall be at least one-
eighth page in size as required by law. You may reduce the map to fit the necessary space
in the advertisement. State law requires 10 days of notice prior to the May 21, 2002
the Council's approval on April 9, 2002.
hearing, but I would suggest that you send the advertisement to the newspaper soon after
I have also previously e-mailed this newspaper advertisement and map to you so that it can
be available on the City's web site.
9B and 9C of the Resolution. This mailing will consist of 4 different letters, copies of which
Please be aware that the Engineering Department will mail the notices as stated in Sections
are attached for your file. They are addressed as follows:
2. Robert J. Greaney, Carlsbad Municipal Water District
1, Cheryl Ernst, Superintendent of the Carlsbad Unified School District
4. Dear Property Owner (sent to 59 names shown on attached list)
3. Ray Patchett, City Manager, City of Carlsbad
Enclosed with each of the above 4 letters is the "Notice of Public Hearing" signed by
Lorraine M. Wood and attached for your file.
If you have any questions you may reach me at (858) 487-7000
,, .' GALEN N. PETE~ON
NOTICE OF PUBLIC HEARING
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
CITY OF CARLSBAD
(Aviara Parkway - Poinsettia Lane)
A public hearing, pursuant to Section 66484 of the California Government Code, will be held before the City Council at 6:OO p.m. on Tuesday, May 21,2002 in the City Council Chambers
located at I200 Carlsbad Village Drive, Carlsbad, CA 92008. At that time, the City Council will
Thoroughfare District (B&TD) No. 2 (Aviara Parkway - Poinsettia Lane) (the "District"). The City
hear from all interested parties regarding the modification of the fees levied for Bridge and
Council will determine whether the owners of a majority of the area of the property in the District
have protested against the modification of the fees and consider whether or not to approve such modification.
The fees will be used by the City to finance 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 proposed improvements to these two major arterial roadways
include full width grading, paved road surface for two lanes, median curbs and temporary outside
asphalt swales or berms (the "Improvements"). The remaining paved road surface lanes either
have been or will be constructed by developers as required.
The District was originally formed and the original fees were authorized to be levied and collected
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. The costs to acquire the
right-of-way for the Improvements and to construct the Improvements have increased significantly
and the amount of development within the District has changed since the formation of the District. It is necessary to update the initial Fee Study Report dated April 3, 1997 and update and modify
the fees in order to ensure that the properties subject to the fees pay their proportionate share of
the revised costs necessary to acquire the right-of-way for the Improvements and to construct the
Improvements.
The District fee will continue to be charged at the time of building permit issuance for development
of property within the District, which is subject to the levy of the fee. No other property
assessments or other charges will be levied against these properties for the Improvements. The
the location of the property. The amount of the proposed fee varies from $235 to $1,220 per ADT
amount of the current fee varies from $290 to $602 per average daily trip (ADT) depending upon
ADT so the proposed fee per each new residence would vary from $2,350 to $12,200. This
depending upon the location of the property. A single family detached residence generates 10
costs. The one time fee will be paid upon the development of the property and only at the time
proposed fee may be adjusted in the future based on changes in construction or land acquisition
agreements with the City).
building permits are issued (excluding those properties which have entered into prepayment
Properties on which existina homes are located will not be subiect to the new fee.
Please note that this action will only establish the funding mechanism to finance that share of the
the levy of the fee. No detailed schedule for the construction of the Improvements is available at
cost of the above Improvements allocable to the properties within the District, which are subject to
this time. The Improvements may be constructed either by the City or incrementally by
developers in response to the needs of the various developments. District funds may be used to reimburse either the City or developers for their costs incurred to construct a portion of the
Improvements if the updated and modified fees are approved by the City Council after the
hearing. If the updated and revised fees are not approved, there will be insufficient funds
available to pay for the construction of the missing roadway segments in Poinsettia Lane.
A copy of the map showing the boundaries of the District is shown below for your information. A
copy of the "Updated Fee Study RepoK dated March 4, 2002 for the District is available for your
inspection at the following two City offices: (1) Engineering Counter, Faraday Center, 1635
Carlsbad, CA 92008.
Faraday Avenue, Carlsbad, CA 92008 and (2) City Clerk, City Hall, 1200 Carlsbad Village Drive,
written protest are made by property owners of more than one-half of the area of land to be
Written protests may be filed with the City Clerk at or before the time set for the public hearing. If
the City will abandon these proceedings and will not commence any new proceedings to update
benefited by the Improvements, and are not withdrawn prior to the conclusion of the hearing, then
and modify the fees levied to pay for the same Improvements for a period of one year thereafter.
For further information related to either the District or the proposed update and modification of the
fees to be levied for the District, you may contact the following person:
David Hauser
Deputy City Engineer
1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2739
April 10, 2002
Cheryl Ernst, Superintendent
CARLSBAD UNIFIED SCHOOL DISTRICT
801 Pine Street
Carlsbad, CA 92008
PUBLIC NOTICING FOR HEARING ON PROPOSED UPDATE TO BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POlNSEnlA LANE)
The City of Carlsbad has initiated proceedings to update and modify the fees imposed and collected
for Bridge and Thoroughfare District No. 2 (B&TD No. 2) to fund the design and construction of
Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane from Aviara
Parkway to El Camino Real. The proposed improvements to these two major arterial roadways
include full width grading, paved road surface for two lanes, median curbs and temporary outside
asphalt berms. The remaining paved road surface lanes either have been or will be constructed by
developers as required.
In accordance with the provisions of State Law, we are required to send you a notice of the public
hearing on the proposed modification of the B&TD No. 2 fees. Included with this letter is the “Notice
of Public Hearing” in satisfaction of this requirement.
Please note that approval of this action will only modify and update the B&TD No. 2 fee necessary to
finance the above described improvements. No detailed schedule of improvements is available at
this time. The completion of the improvements may be constructed incrementally either by the City
or by developers in response to the needs of the various developments. District funds may be used
to reimburse either the City or developers for their costs if the updated and modified B&TD No. 2
fees are approved. If the B&TD No. 2 fees are not updated and modified as proposed, there will be
insufficient funds authorized to be collected to fund the authorized improvements and the missing
roadway segments in Poinsettia Lane may not be completed.
On April 9, 2002 the City Council approved the enclosed Engineer’s Report on the proposed update
and modification of the B&TD No. 2 fees. The matter has now been set for public hearing on May
21, 2002 at the City Council chambers.
If you have any questions or comments on the fee program, please feel free to give me a Call at
(760) 602-2739.
Sincerely,
DAVID HAUSER
Deputy City Engineer
Enclosures
,
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2720 - FAX (760) 602-8562 @
,
City of Carlsbad
April 10, 2002
Robert J. Greaney
CARLSBAD MUNICIPAL WATER DISTRICT
5950 El Camino Real
Carlsbad, CA 92008
PUBLIC NOTICING FOR HEARING ON PROPOSED UPDATE TO BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POlNSElTlA LANE)
The City of Carlsbad has initiated proceedings to update and modify the fees imposed and
collected for Bridge and Thoroughfare District No. 2 (B&TD No. 2) to fund the design and
construction of Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane
from Aviara Parkway to El Camino Real. The proposed improvements to these two major arterial
roadways include full width grading, paved road surface for two lanes, median curbs and
temporary outside asphalt berms. The remaining paved road surface lanes either have been or
will be constructed by developers as required.
hearing on the proposed modification of the B&TD No. 2 fees. Included with this letter is the
In accordance with the provisions of State Law, we are required to send you a notice of the public
“Notice of Public Hearing” in satisfaction of this requirement.
Please note that approval of this action will only modify and update the B&TD No. 2 fee necessary
to finance the above described improvements. No detailed schedule of improvements is available
at this time. The completion of the improvements may be constructed incrementally either by the
City or by developers in response to the needs of the various developments. District funds may be
used to reimburse either the City or developers for their costs if the updated and modified B&TD
No. 2 fees are approved. If the B&TD No. 2 fees are not updated and modified as proposed, there
will be insufficient funds authorized to be collected to fund the authorized improvements and the
missing roadway segments in Poinsettia Lane may not be completed.
On April 9, 2002 the City Council approved the enclosed Engineer’s Report on the proposed
update and modification of the B&TD No. 2 fees. The matter has now been set for public hearing
on May 21, 2002 at the City Council chambers.
If you have any questions or comments on the fee program, please feel free to give me a call at
(760) 602-2739.
Sincerely,
DAVID HAUSER
Deputy City Engineer
Enclosures
1635 Faraday Avenue * Carlsbad. CA 92008-7314 * (760) 602-2720 FAX (760) 602-8562 @
.
~ City of Carlsbad
April 10, 2002
Ray Patchett
City Manager
City Carlsbad
Carlsbad, CA 92008
1200 Carlsbad Village Drive
PUBLIC NOTICING FOR HEARING ON PROPOSED UPDATE TO BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE)
The City of Carlsbad has initiated proceedings to update and modify the fees imposed and
collected for Bridge and Thoroughfare District No. 2 (B&TD No. 2) to fund the design and
construction of Aviara Parkway from Poinsettia Lane to Palomar Airport Road and Poinsettia Lane
from Aviara Parkway to El Camino Real. The proposed improvements to these two major arterial
roadways include full width grading, paved road surface for two lanes, median curbs and
temporary outside asphalt berms. The remaining paved road surface lanes either have been or
will be constructed by developers as required.
hearing on the proposed modification of the B&TD No. 2 fees. Included with this letter is the
In accordance with the provisions of State Law, we are required to send you a notice of the public
"Notice of Public Hearing" in satisfaction of this requirement.
Please note that approval of this action will only modify and update the B&TD No. 2 fee necessary
to finance the above described improvements. No detailed schedule of improvements is available
at this time. The completion of the improvements may be constructed incrementally either by the
City or by developers in response to the needs of the various developments. District funds may be
used to reimburse either the City or developers for their costs if the updated and modified B&TD
will be insufficient funds authorized to be collected to fund the authorized improvements and the
No. 2 fees are approved. If the B&TD No. 2 fees are not updated and modified as proposed, there
missing roadway segments in Poinsettia Lane may not be completed.
On April 9, 2002 the City Council approved the enclosed Engineer's Report on the proposed
update and modification of the B&TD No. 2 fees. The matter has now been set for public hearing
on May 21, 2002 at the City Council chambers.
If you have any questions or comments on the fee program, please feel free to give me a call at
(760) 602-2739.
Sincerely,
DAVID HAUSER
Deputy City Engineer
Enclosures
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2720 FAX (760) 602-8562 @
April 10, 2002
PUBLIC NOTICING FOR HEARING ON PROPOSED UPDATE TO BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE)
Dear Property Owner,
Thoroughfare District No. 2 (Aviara Parkway - Poinsettia Lane) (“B8TD No. 2”). This District was
Our records indicate that a parcel of land owned by you has been included in the City’s Bridge and
formed to finance the cost of construction of certain arterial roadways and acquisition of land and
rights-of-way including the cost of construction of Aviara Parkway from Poinsettia Lane to Palomar
Airport Road and Poinsettia Lane from Aviara Parkway to El Camino Real. The proposed
improvements to these two major arterial roadways include full width grading, paved road surface
for two lanes, median curbs and temporary outside asphalt berms. The remaining paved road
surface lanes either have been or will be constructed by developers as required.
B&TD No. 2 was originally formed 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. The costs to acquire the land for right-of-way and to construct these arterial roadways
the 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
update the initial Fee Study Report dated April 3, 1997 and revise the fees in order for the B&TD
No. 2 fees to reflect the modified costs of acquisition and construction. The updated fee program
must be approved by the City Council after a public hearing is held in order to change the B&TD No. 2 fees.
The updated and modified B&TD No. 2 fee will be charged at the time of building permit issuance
to pay for these improvements. No other property assessments or other charges will be levied
against the property for the improvements included in BBTD No. 2. The amount of the current fee
varies from $290 to $602 per average daily trip (ADT) depending upon the location of the property.
The amount of the proposed fee varies from $235 to $1,220 per ADT depending upon the location
of the property. A single family detached residence generates 10 ADT so the proposed fee per
each new residence would vary from $2,350 to $12,200. This fee will be subject to adjustment
annually in the future based on changes in construction or land acquisition costs. This one time fee
will be paid upon the development of the property and only at the time building permits are issued
(excluding those properties which have entered into agreements with the City).
Please note that this action will c only modify and update the B&TD No. 2 fee to finance the above
described improvements. No detailed schedule of improvements is available at this time. The
completion of the improvements may be constructed incrementally by either the City or by
developers in response to the needs of the various developments. District funds may be used to
reimburse either the City or developers for their costs if the updated and modified B&TD No. 2 fees
are approved. If the District BBTD No. 2 fees are not updated and modified as proposed,
there will be insufficient funds authorized to be collected to fund the improvements and the
missing roadway segments in Poinsettia Lane may not be completed.
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2720 - FAX (760) 602-8562 @
A copy of the map showing the boundaries of B&TD No. 2 is enclosed for your information. A copy
of the "Updated Fee Study Report" dated March 4. 2002 for B&TD No. 2 is available for your
inspection at the following two City offices:
Location
Faraday Center
Engineering Counter
City Clerk
Address
Carlsbad, CA 92008
1635 Faraday Avenue
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Several Property Owner meetings have been held to explain the District and receive input. The
most recent meeting was held on September 20, 2001. The matter is now scheduled for a public
hearing, pursuant to Section 66484 of the California Government Code, to be held before the City
Council at the following time, date and place. Please refer to the enclosed "Notice of Public
Hearing" for more particulars.
Time - Date Place
6:OO p.m. Tuesday, May 21,2002 City Council Chambers -
1200 Carlsbad Village Drive
Carlsbad, CA 92008
At that time, the City Council will hear from all interested parties, determine whether the owners of
a majority of the area of the property in the District have protested against the modification of the
B&TD No. 2 fees, and consider whether or not to approve the modification of such fees.
Written protests may be filed with the City Clerk at or before the time set for the public hearing. If
written protest are made by property owners of more than one-half of the area of land to be
benefited by the improvements, and are not withdrawn prior to the conclusion of the hearing, then
the City will abandon these proceedings and will not commence any new proceedings to update
and modify the B&TD No. 2 fees for a period of one year thereafter.
For further information related to B&TD No. 2 (Aviara Parkway - Poinsettia Lane) you may contact
me at:
Carlsbad, CA 92008
1635 Faraday Avenue
(760) 602-2739
Thank you for your time and consideration of this matter,
Sincerely,
DAVID HAUSER
Deputy City Engineer
Enclosures
21109026 19.3100 20
SEABRIGHT CARLSBAD HOMEOWNERS
C/O UDC HOMES
438 CAMINO DEL RIO S #I 12B
SAN DIEGO CA 92108
21219201 23.3900 20
GREYSTONE HOMES INC
C/O SD DIV
5780 FLEET ST #300 CARLSBAD CA 92008
~ ASSN
21221023 0.8100 20 SALTAIRE AT CARLSBAD
HOMEOWNERS ASSN
C/O KEYSTONE PACIFIC 4100 NEWPORT BLVD #350
NEWPORT BEACH CA 92660
21222001 0.4100 20 STANDARD PACIFIC CORP 5750 FLEETST#200
CARLSBAD CA 92008
21417072 1.0000 20
TABATA FAMILY TRUST 01-14-83
P 0 BOX 1338
CARLSBAD CA 92018
21454405 1.5200 20
SAMBI SEASIDE HEIGHTS LLC
C/O TOYOHARA AMERICA GROUP
8649 FIRESTONE BLVD
DOWNEY CA 90241
~
21455124 0.2500 20 ILENNAR HOMES OF CALIFORNIA INC ~ ~ ~ 200 S BISCAYNE BLVD #2500
MIAMI FL 33131
21504004 5.0300 20
CANTERINA LLC
C/O BREHM COMPANIES
5770 OBERLIN DR
SAN DIEGO CA 92121
.~ ~ ~
21504011 2.4200 20
SUGINO JOYCE I
1 MAHOGANY RUN
COT0 DE CAZA CA 92679
21 507034 1.7600 20
RAKER WILLIAMaDONNA M FAMILY
TRUST 18552 ERWIN ST
RESEDA CA 91335
-. ~
21204050 17.3900 20
BCS PROGRAM L - 2
NEWPORT FINANCIAL CENTER
1303 AVOCADO AVE
NEWPORT BEACH CA 92660
21220061 0.3700 20
MARBRISA MAINTENANCE CORP
C/O G R G MGMT INC
3088 PI0 PIC0 DR #ZOO
CARLSBAD CA 92008
21221118 5.3600 20
MONARCH COMMUNITIES ~~ ~~~~
C/O R GORDON CRAIG
30012 IW GLENN DR #I80
LAGUNA NIGUEL CA 92677
21222057 0.1400 20
SIM U SA INC
CARLSBAD CA 92009 1400 FLAME TREE LN
21453065 0.7500 20 POINSETTIA COVE MAINT CORP
C/O GREYSTONE HOMES
495 E RINCON ST #I15
CORONA CA 91719
21454406 2.7600 20 PLUM TREE WALK L L C
C/O OLSON CO
3010 OLD RANCH PKY MOO ~~ SEAL BEACH CA 90740
21457039 3.5400 20 CHERRY TREE WALK HOMEOWNERS
ASSN C/O THE OLSON COMPANY
3020 OLD RANCH PKWY W50
SEAL BEACH CA 90740
21504005 5.0000 20
YAMAMOTO DORIS K
1201 VIA LA JOLLA
SAN CLEMENTE CA 92672
21507023 0.8100 20
6519 EL CAMINO REAL BOLTON GEORGE R
CARLSBAD CA 92009
21219053 0.3000 20
B C S PROGRAM L-2 LTD
P 0 BOX 7716
NEWPORT BEACH CA 92658
21220170 11.4500 20
MARBRISA MAINTENANCE CORP
5083 AVENIDA ENCINAS #lo1
CARLSBAD CA 92008
21221222 1.7600 20 ’
SALTAIRE AT CARLSBAD
HOMEOWNERS ASSN C/O KEYSTONE PACIFIC PROPERTY
MGM 703 PALOMAR AIRPORT RD #225
CARLSBAD CA 92009
21222314 2.0700 20
PACIFIC VISTA LASFLORES L P
225 BROADWAY #I700 SAN DIEGO CA 92101
21454005 0.2300 20 SEASIDE ESTATES L LC
C/O PHD HOMES INC
15707 ROCKVILLE BLVD #255
IRVINE CA 92618
21455120 0.1100 20
MARINERS POINT COMMUNITY ASSN
C/O LENNAR HOMES OF CA
24800 CHRISANTA DR #ZOO
MISSION VIEJO CA 92691
21458001 0.8400 20
SHEA HOMES LTD PARTNERSHIP
10721 TREENA ST #ZOO
SAN DIEGO CA 92131
21504008 2.4000 20
BUERGER CHARITABLE REMAINDER ~ ~ ~~~~~ UNITRUST 01-27-98
P 0 BOX 3033
CARLSBAD CA 92009
21507033 0.0400 20
CAMERON LAIRD&CATHERINE A
1252 PALMA VISTA CT
ESCONDIDO CA 92025
21507036 11.0000 20
CARLSBAD PROMENADE PARTNERS L L BHC RESIDENTIAL LLc
C do Knoll Devel Co.
4275 EXECUTIVE SQ #240
21507242 3.0600 20
3090 BRISTOL ST#200
COSTA MESA CA 92626
LA JOLLA CA 92037
.. .
21507301 0.2300 20 RYLAND HOMES OF CALIFORNIA
5740 FLEET ST #ZOO
CARLSBAD CA 92008
21508021 3.0500 20
TABATA ISOKAZU
P 0 BOX 943
CARLSBAD CA 92018
21502006 0.1100 21
SFREGOLA FAMILY IRREVOCABLE
TRUST 01-04-80
515 S FIGUEROA ST
LOS ANGELES CA 90071
21502013 32.7700 21
MANZANITA PARTNERS L LC
1155 CUCHARA DR
DEL MAR CA 92014
21505022 9.3100 21
34 MANATEE WAY
DELGUIDICE DAVID&VERA
CRAWFORDVILLE FL 32327
21588001 10.9300 21
POINSETTIA L P
5790 FLEET ST #210
CARLSBAD CA 92008
WESTERN PACIFIC HOUSING-
21592033 0.2300 21
PARK NICK Y&YONG OK
6841 MIMOSA DR
CARLSBAD CA 92009
21204056 7.2000 5
4218 SKYLINE RD
UKEGAWA JAMES S
CARLSBAD CA 92008
21508031 22.0100
A D J HOLDINGS L LC
C/O ARlE DEJONG 622 E MISSION RD SAN MARCOS CA 92069
Galen Peterson
16064 Sun Summit Pt.
San Diego, CA 92127-2050
21508004 0.4000 20 21508020 1.0200 20
6354 CORTE DEL ABETO #A
DAYBREAK COMMUNITY CHURCH MOORE GUYS JR EST OF
6602 BLACK RAIL RD
CARLSBAD CA 92009 CARLSBAD CA 92009
21508022 4.9000 20 21502006 0.1100 21
REDEEMER BY THE SEA LUTHERAN BOWEN WILLIAM P8MARJORIE CHURCH OF CARLSBAD
Attn: Ken Voertman 14088 E KAMM AVE
KINGSBURG CA 93631 6355 CORTE DEL ABETO #IO0 CARLSBAD CA 92009
WHITNEY ROBERT L&NINA M TRUST MALDONADO DAVID&OLIVIA
21502006 0.1100 21 21502007 21.0800 21
850 DEL MAR DOWNS RD #316 SOLANA BEACH CA 92075 CARLSBAD CA 92008 1590 BASSWOOD AVE
21505012 10.1700 21 21505021 10.9100 21
REITER TERRY RBMARGARET E
6 SADDLEBACK RD HARRISON PEGGY E TR
PALOS VERDES PENINSULA CA CARDIFF CA 92007 972 NOLBEY ST
90274
21505044 5.3900 21
KEVANE ROBERT FgCHERYL L
21505073 0.0100 21
LEVATINO JOSEPH VBNOREEN L
8480 LA MESA BLVD 1983 TRUST
LA MESA CA 91941 22121 MALIBU LN HUNTINGTON BEACH CA 92646
21588118 0.3000 21
POINSETTIA HEIGHTS
HOMEOWNERS ASSN
C/O WESTERN PACIFIC HOUSING
2385 CAMINO VlDA ROBLE #lo7
CARLSBAD CA 92009
21592029 0.2900 21
FlLLESPlE JOHN WgDEBRA D
6857 MIMOSA DR CARLSBAD CA 92009
21592042 7.0300 21 21204025 13.9000 5 WESTERN PACIFIC HOUSING-EL ISLAND REALTY I L P CAMINO L LC
2385 CAMINO VlDA ROBLE #IO7 SAN DIEGO CA 92130
CARLSBAD CA 92009
12780 HIGH BLUFF DR #I60
21204064 5.6900 5
KELLYIJRM-PALOMAR AIRPORT
ROADILLC
2629 COLlBRl LN
CARLSBAD CA 92009
21592146 0.0700
WESTERN PACIFIC HOUSING
CARLSBAD I L L C
2385 CAMINO VlDA ROBLE #IO7
CARLSBAD CA 92009
C/O JRM-CARLSBAD I L L C
Attn: Brian Geis Brookfield Homes
3090 Bristol Street #ZOO
Costa Mesa, CA 92626-3061
21204065 6.0200 5
C/O ALLEN GROUP
KELLY CORPORATE CENTER II L L C
2141 PALOMAR AIRPORT RD #300
CARLSBAD CA 92009
Jack Henthorn 5365 Avenida Encinas, Suite A
Carlsbad, CA 92008
NOTICE OF PUBLIC HEARING
(NOTICE TO PROPERTY OWNERS)
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
CITY OF CARLSBAD
(Aviara Parkway - Poinsettia Lane)
Notice is hereby given that the City Council of the City of Carlsbad, California, shall hold a public
hearing at 6:OO o'clock p.m. on Tuesday, May 21, 2002 in the regular meeting place of said
Council being the City Council Chambers, City Hall, located at 1200 Carlsbad Village Drive,
Carlsbad, CA 92008, to consider the update and modification of fees authorized to be levied and
collected in Bridge and Thoroughfare District No. 2 (Aviara Parkway - Poinsettia Lane) (the
"District").
This notice is given pursuant to Section 65091 of the California Government Code which requires
that this notice be given to all ownecs of properties which are within the District and to all owners
of properties which are within 300-feet of the District boundaries. Those properties not within the
District are not subject to a fee.
BACKGROUND
The District was originally formed and the original fees were authorized to be levied and collected
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 Improvements (defined below) as development has occurred. The costs to
acquire the right-of-way for the Improvements and to construct the Improvements have increased
significantly and the amount of development within the District has changed since the formation of
the District. It is necessary to update the initial Fee Study Report dated April 3, 1997 and update
and modify the fees in order to ensure that the properties subject to the fees pay their
proportionate share of the revised costs necessary to acquire the right-of-way for the Improvements and to construct the Improvements.
DESCRIPTION OF IMPROVEMENTS
The "Improvements" 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 Improvements to be funded by the District fee program will be limited to those necessary to
minimum street drainage needs. In addition, some underground improvements may be included
meet the Local Facilities Management Plan (LFMP) circulation performance standard and
the following: to avoid unnecessary trenching of the new road surface in the future. The Improvements include
Full width grading of the roadway, paved road surface for two lanes (18 foot
transition pavement section at major intersections, median curbs, outside
paved section on each side of median for a total of 36 feet paved section),
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 Improvements do not include and the District fee program does not and will not fund additional roadway paving, water facilities, sewer facilities, reclaimed water facilities, sidewalks,
utilities. The cost of traffic signals for arterial-to-arterial intersections is funded through the City's
median landscape and irrigation, median hardscape. street lights, traffic signals and franchise
Traffic Impact Fee program. The funding of the construction of the remaining improvements will
be the responsibility of adjacent land developers pursuant to the policy and practice of the City of
Carlsbad.
BOUNDARIES OF AREA OF BENEFIT
The boundaries of the District encompass all those properties included within the exterior boundaries of the District as shown on a map designated by the name of the District, which map
has been approved by the City Council and is included as Appendix "C to the Engineer's Report
dated March 4, 2002 (the "Report") and is on file in the Office of the City Clerk, City Hall, 1200
Carlsbad Village Drive, Carlsbad, CA 92008. For particulars, reference is hereby made to said
map as approved and on file.
ESTIMATED COST OF IMPROVEMENTS
The total estimated cost of the Improvements is $32,555,233. This cost estimate includes the
costs for the acquisition of right-of-way necessary for and the construction of the Improvements.
FEE APPORTlONMENTlCOLLECTlON
Funds for the acquisition of the right-of-way necessary for and the construction of the
Improvements will be generated by fees collected as building permits are issued for development
amount of the current fee varies from $290 to $602 per average daily trip (ADT) depending upon
of that property within the boundaries of the District that is subject to the levy of the fee. The
the location of the property. The amount of the proposed fee varies from $235 to $1,220 per ADT
depending upon the location of the property. A single family detached residence generates 10
ADT so the proposed fee per each new residence would vary from $2,350 to $12,200. This
proposed fee may be adjusted in the future based on changes in construction or land acquisition
costs. This one time fee will be paid upon the development of the property and only at the time
the City). Properties on which existina homes are located will not be subiect to the new
building permits are issued (excluding those properties which have entered into agreements with
- fee. For particulars, reference is made to the "Report" for the District, as approved by the City
Council and on file in the Office of the City Clerk.
This District and the levy and collection of the fee are authorized pursuant to Government Code
Section 66484 and Section 20.08.140 of the Carlsbad Municipal Code. No fees will be levied until
such time as the property in the District is to be developed and the property owner applies for a
building permit.
THE PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 2IsT DAY OF MAY, 2002, AT THE HOUR
OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING
THE COUNCIL CHAMBERS, CITY HALL, 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CA
92008, IS THE TIME AND PLACE FIXED TO CONSIDER WHETHER OR NOT TO PROCEED
TO UPDATE AND MODIFY THE FEES FOR BRIDGE AND THOROUGHFARE DISTRICT NO. 2
OBJECTIONS GENERALLY TO THE BOUNDARIES OF THE DISTRICT, THE ESTIMATED (AVIARA PARKWAY - POINSETTIA LANE), AND TO CONSIDER PROTESTS OR
COST FOR THE IMPROVEMENTS 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, OR AGAINST THE EXTENT OF THE AREA TO BE BENEFITED BY THE IMPROVEMENTS 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
PROTEST BY OWNERS OF MORE THAN X OF THE AREA OF THE PROPERTY TO BE
REPRESENTED TO LESS THAN X OF THAT TO BE BENEFITED, THEN THE PROPOSED
BENEFITED ARE FILED AND NOT WITHDRAWN SO AS TO REDUCE THE AREA
66484 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND THE CITY WILL
PROCEEDINGS SHALL BE ABANDONED PURSUANT TO THE PROVISIONS OF SECTION
NOT COMMENCE ANY NEW PROCEEDINGS TO CONSIDER UPDATING OR MODIFYING
THE FEES FOR THE SAME IMPROVEMENTS FOR A PERIOD OF ONE YEAR THEREAFTER.
INFORMATION REGARDING PROCEEDINGS
Please be advised that the person designated below may be contacted for any and all information
or inquiries relating to the proceedings, the hearing procedure, or any matter contained in any
documents, ordinances or resolutions concerning the District.
David Hauser
Deputy City Engineer
1635 Faraday Avenue
City of Carlsbad
Carlsbad, CA 92008
Telephone (760) 602-2739
Dated: April 10, 2001
B
6 L.
PROOF OF PUBLlCATlON
(201 0 & 201 1 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a rcsident of
thc County aforesaid: I am over the age of eighteen
years and not a party to or interested in the
above-entitled mattcr. I am the principal clerk of
the printer of
North County Times
Formerly knowr. as the Blzde-.Citizen snd Thc
Timcs-Advocate and which newspapers have becn
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for thc County of San Diego,
that the notice of which the anncxed is a printed
copy (set in type not smaller than nonpariel), has
becn publishcd in each regular and entire issue of
said newspaper and not in any supplement thercof
on the following dates, to-wit:
MAY IO, 2002
I certify (or declare) undcr penalty of perjury that
the foregoing is tmc and correct.
Dated at SAN MARCOS , California
this 1 ITH day
of MAY, 2002
Signature
NORTH COUNTY TlMES
Legal Advertising
~~ ~
This space is for thc County Clerk's Filing Stamp
CITY OF CARLSRAI)
I200 CARI3BAD VIL.I,AGE DRIVE
CARLSBAI), CA 92008
ATTN: JANICE BKVJTENFELD
STATE OF CALIFORNIA) ss.
County of Sat1 Diego;
'lhc Ilndersigned. dcclarcs ,jnder
penalty of perjury under the laws of the
rcsidcnt of the County of Sa11 Dicgo.
State of California: That Shc is a
wds a citimi of the t!nitcd States, o\'er :he age
'IHA'I' She is and at all times hcrein mentioned
of twenty-onc years, and that .......... She is not a
party to, nor interestcd ill thv above entitled
Clerk for the publisher of .....................
The San Diego Union-Trihune
a newspapcr of gcneral circulation, printed alld
published daily in the City of San 1)iego. County
of San Dlcgo, and which newspaper IS ptlhlished
for the dissemination of local news and
newspaper at all the times herein mcntioncd had
intclliyvnce Of a general character. and \vhich
paying subscribers, and which newspaper has
and still has a hona fide subscription list of
been established, printed and puhlishcd at
regular intervals in the said City uf San Diego,
County of San Diego, for a period cxcccdin, (7 one
year next prcccding the date of publication ofthe
notice hereinafter rcfcrrcci to. and which
newspaper is not dcvotcd to nor published for
the interests, entertainment or instruction or a
particular clnss, pmfession. trade. callitlg, ~~cc,
or denomination, 01 any number of same; that
the notice of which the annexed is a printed
....
....
matter; that .... She is ................................ Chief
Publication
Affidavit of Publication of
Legal Classified Advertisement
Ad # 7544028
Ordered by: JANICE BREITENF~:I,D
NOTICE OF PUBUC HEARING
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
CITY OF CARLSBAD
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INSTRUCTION SHEETlCERTlFlCATE OF COMPLIANCE
CITY OF CARLSBAD
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY - POINSETTIA LANE)
INSTRUCTIONS
Immediately upon adoption of the Resolution Establishing a Bridge and Thoroughfare
District, the City Clerk shall cause a certified copy of said Resolution, with Exhibits
attached, to be recorded in the Office of the County Recorder of the County of San
Diego.
CERTIFICATE OF COMPLIANCE
Lorraine M. Wood, under penalty of perjury, certifies as follows:
The undersigned is now, and at all times mentioned herein was, the duly qualified and
acting City Clerk of the City of Carlsbad, California, and as such, accomplished the
notice requirements in connection with the referenced District, as noted:
RECORDING
A certified copy of the RESOLUTION OVERRULING AND DENYING PROTESTS AND
ESTABLISHING A BRIDGE AND THOROUGHFARE DISTRICT, together with Exhibits
attached, was recorded in the Office of the County Recorder. Said recordation being
accomplished on the 7'h day of June 2002.
POSTING
A copy of the AGENDA for the meeting of May 21, 2002, setting forth a general
description of the project and the time and place of the meeting, was posted in a
location freely accessible to the general public at least 72 hours before the time set for
said meeting, said posting being accomplished on the 17'h day of May, 2002.
Executed this 1 lth day of June 2002, at Carlsbad, California
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
MEMORANDUM
April 10,2002
TO: City Clerk
FR0M:Galen N. Peterson. Consultant Project Manager
VIA: David Hauser, Deputy City Engineer for Planning P- and Programs
UPDATED FEE STUDY REPORT FOR BRIDGE AND THOROUGHFARE DISTRICT #2
(AVIARA PARKWAY - POINSETTIA LANE)
Please keep the enclosed 6 copies of the subject report dated March 4, 2002, available at
your counter for people to review pursuant to the attached letter.
If you have any questions you may reach David Hauser at 602-2739 or Galen Peterson at
(858) 487-7000.
___ City of Carlsbad
April 10, 2002
PUBLIC NOTICING FOR HEARING ON PROPOSED UPDATE TO BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POlNSElTlA LANE)
Dear Property Owner,
Thoroughfare District No. 2 (Aviara Parkway - Poinsettia Lane) (“B&TD No, 2”). This District was
Our records indicate that a parcel of land owned by you has been included in the City’s Bridge and
formed to finance the cost of construction of certain arterial roadways and acquisition of land and
rights-of-way including the cost of construction of Aviara Parkway from Poinsettia Lane to Palomar
Airport Road and Poinsettia Lane from Aviara Parkway to El Camino Real, The proposed
improvements to these two major arterial roadways include full width grading, paved road surface
for two lanes, median curbs and temporary outside asphalt berms. The remaining paved road
surface lanes either have been or will be constructed by developers as required.
B&TD No. 2 was originally formed 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. The costs to acquire the land for right-of-way and to construct these arterial roadways
the 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
update the initiai Fee Study Report dated April 3, 1997 and revise the fees in order for the B&TD
No. 2 fees to reflect the modified costs of acquisition and construction. The updated fee program
must be approved by the City Council after a public hearing is held in order to change the B&TD
No. 2 fees.
The updated and modified B&TD No. 2 fee will be charged at the time of building permit issuance
to pay for these improvements. No other property assessments or other charges will be levied
varies from $290 to $602 per average daily trip (ADT) depending upon the location of the property.
against the property for the improvements included in B&TD No. 2. The amount of the current fee
The amount of the proposed fee varies from $235 to $1,220 per ADT depending upon the location
of the property. A single family detached residence generates 10 ADT so the proposed fee per
each new residence would vary from $2,350 to $12,200. This fee will be subject to adjustment
annually in the future based on changes in construction or land acquisition costs. This one time fee
will be paid upon the development of the property and only at the time building permits are issued
(excluding those properties which have entered into agreements with the City).
described improvements. No detailed schedule of improvements is available at this time. The Please note that this action will only modify and update the B&TD No. 2 fee to finance the above
completion of the improvements may be constructed incrementally by either the City or by
developers in response to the needs of the various developments. District funds may be used to
are approved. If the District B&TD No. 2 fees are not updated and modified as proposed,
reimburse either the City or developers for their costs if the updated and modified B&TD NO. 2 fees
there will be insufficient funds authorized to be collected to fund the improvements and the
missing roadway segments in Poinsettia Lane may not be completed.
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2720 - FAX (760) 602-8562 @
.
A copy of the map showing the boundaries of B&TD No. 2 is enclosed for your information. A copy
of the "Updated Fee Study Report" dated March 4, 2002 for BBTD No. 2 is available for your
inspection at the following two City offices:
Location Address
Enaineerina Counter 1635 Faradav Avenue
Faraday Center Carlsbad, CA 92008
City Clerk 1200 Carlsbad Village Drive
Carlsbad, CA 92008
Several Property Owner meetings have been held to explain the District and receive input. The
most recent meeting was held on September 20, 2001. The matter is now scheduled for a public
Council at the following time, date and place. Please refer to the enclosed "Notice of Public
hearing, pursuant to Section 66484 of the California Government Code, to be held before the City
Hearing" for more particulars.
Time - Date Place
6:OO p.m. Tuesday, May 21,2002 City Council Chambers -
1200 Carlsbad Village Drive
Carlsbad, CA 92008
At that time, the City Council will hear from all interested parties, determine whether the owners of
a majority of the area of the property in the District have protested against the modification of the
B&TD No. 2 fees, and consider whether or not to approve the modification of such fees.
Written protests may be filed with the City Clerk at or before the time set for the public hearing. If
written protest are made by property owners of more than one-half of the area of land to be
benefited by the improvements, and are not withdrawn prior to the conclusion of the hearing, then
the City will abandon these proceedings and will not commence any new proceedings to update
and modify the BBTD No. 2 fees for a period of one year thereafter.
For further information related to B&TD No. 2 (Aviara Parkway - Poinsettia Lane) you may contact
me at:
Carlsbad, CA 92008
1635 Faraday Avenue
(760) 602-2739
Thank you for your time and consideration of this matter.
Sincerely,
DAVID HAUSER
Deputy City Engineer
Enclosures
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 .................................................................................................................................. I
Background ..................................... ....................................................................................... 1
Improvements ................................................................................... : ..................................... 2
Cost Estimates ....................................................................................................................... 2
Boundaries of B&TD No. 2 .................................................................................................... 3
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
UPDATED FEE STUDY REPORT
FOR
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
(AVIARA PARKWAY - POINSElTIA 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
with the issuance of all future building permits within the Fee Area (defined below). In lieu of after another hearing is held in order to modify the B&TD No. 2 fees.. The fee will be collected
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 andlor
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,
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
BBTD 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 IO. 17, and 18.
Aviara Parkway is a northkouth 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 (collectively the "B&TD No. 2 Improvements"). 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 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
improvements may be included to avoid unnecessary trenching of the new road surface in the
future. The B&TD No. 2 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. either
a 300-foot long bridge or retaining walls in Reach E of Poinsettia Lane to
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
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 the cost of engineering design, management, and inspection during
construction as well as the administrative cost of acquiring rights-of-way.
B&TO No. 2 Updated Fee Study Report 2
BOUNDARIES OF B&TD No. 2
The Fee Area includes every parcel within the boundaries of B&TD 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 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 B&TD No. 2 Improvements consist of major arterial roadways, and future parcels will
trips is an appropriate measure of the benefit to the parcels within the Fee Area from the BBTD
gain access to these arterials by means of collector roadways, the measure of average daily
boundary of the Fee Area.
No. 2 Improvements and will be utilized as the methodology to apportion benefit within the
The net developable acreage and projected future dwelling units used for the development of
the proposed revised BBTD 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:
H For those properties with subdivision mapsldevelopment 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.
H 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:
H Only Aviara Parkway benefits that portion of Zone 5 within the Fee Area.
H The portion of Zone 19 within the Fee Area is benefited only by that part of Poinsettia
Lane within the boundaries of Zone 19.
H 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.
B&TD No. 2 Updated Fee Study Report 3
H 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
,. ''1 ADT.for. ADT for Poinsettia
19
Zone 20
.,"_
0
0 1,130 4 parcels in
0
20
7,606 0 21 19,538 19,538 "- Total ADT' ', ' , . .17;144 ', " .2@,956 "::
B&TD No. 2 FEE PROGRAM
The recommended B&TD No. 2 fee program for the BBTD 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:
,,,., Avjara'Parkway . Poinsettia lane
If I I
Updated Cost Estimate 1 $5,820,211 I
Distribution of Trip Benefit (ADT)
Preliminary Cost per Tri
Rounded Updated Fee per Trip $235.00 I
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.
B&TD No. 2 Updated Fee Study Report 4
The incremental increase in fee for the parcels that have already paid the fee or received a
Appendix "D" as "Unallocated Incremental Fee" and summarized below. This amount will be
credit for building permits due to construction of a portion of the improvements is detailed in
paid by other funds, which are yet to be determined.
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.
following a hearing on the updated and modified fee.
** The updated and modified fee will replace the current fee after City Council's approval
2. The B&TD No. 2 Fee is to be paid at the time of building permit issuance for
exempt since Poinsettia Lane improvements were constructed by the developer prior to
construction within the Fee Area, provided however properties within Zone 19 are
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
BBTD No. 2 Updated Fee Study Repolt 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 BBTD
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 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 hidher development, but not-to-exceed the Estimated Cost
of the BBTD No. 2 Improvements and Acquisition as set forth in the fee program
-
B8TO 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.
Reimbursements shall be made in accordance with City Council Policy
BBTO No. 2 Updated Fee Study Report 7
APPENDIX "A"
Location Map
LOCATION MAP
NOT 2i- TO SCALE
'RoJECT NAME POINSETTIA LANE d A VIARA PARKWAY
ROAD WA Y EX TENSIONS
APPENDIX "B
Cost Estimates
City of Carlsbad
Bridge B 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
6,000 Mariano RMI appraisal
$ 1,232,497 Sambi Reimb of elig costs
$ 58.000 Additional RMI per Brabant Ltr of 8/13/98 ($240,000-$162,000-$20,000 for inter)
$
$
11 1,600 Additional RMI amount for Sarkaria ($143,000 - $31,400 paid by Sambi)
5,000 Schindler RMI
$
$
78.500 1R 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 1/2 of City Expense, Projects 3546,3595,3673 and 3674 up to 5-24-01
$
$ 300,000 Contingency
17,500 1R 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 1R Formation costs
Notes
(1) See Location Map in Appendix A
Report-App B-Updated Cost Est-6
Poinsettia Lane
Reach (1) Cost Estimate
Bridge 8 Thoroughfare District No. 2
City of Carlsbad
(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 FWJ for Carlsbad Promenade + $5,000 legal expense
480,000 WW 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 FWJ
4,600,000 WW estimate for Fernandez. Rudavalis and Baker
1,750,737 Construction Estimate based on 100% PSBE
49.800 City admin costs for Reach C
85.700 Design fee for Reach C
90,000 Inspection and Constr Admin
70,000 Legal and Acquisition costs
15,000 Appraisal of WW
430.588 WW 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 Admin
150,000 Environmental analysis and acquisition of permits
1,090,000 RMI for Reiter, Maldonado, REH (Harrison) and Sudduth
50,000 Appraisal of WW
150,000 Legal and Acquisition costs
841,259 Lohf CT 97-15 Construction, design, inspection, RMI and legal
420,000 estimate of FWJ for Lohf
635,494 Lohf off-site Construction, design, inspection, FWJ and legal
15,000 City admin costs for Reach F
10,000 City admin costs for Reach G
40,684 1/2 Formation costs
78,500 112 audited cost of intersection at Aviara ParkwaylPoinsettia 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
150,183 112 of City Expense for Projects 3516,3595,3673 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
APPENDIX "D"
Analysis of Trips
b
APPENDIX “E”
SANDAG Guide for Traffic
Generation Rates
IwoT80l BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES
FOR THE SAN DlEGO REGION
JULY 1-8
YM uxv"' ?m/- sun-
s. la.,
2. 17.3,
1.54wlll 3. m.1
4.8
1.1 BO
ra 3.4 1.7
I
I.3
11,
.D
..................................................
"OD sehe4 "
ynn*.rn,.Ytl 111.1.01
8. 0 wm, 192.,.11 ......................................... .......
.. 1.
: U.' f'
1"
kwh. Ocun 01 .n .................................. L.m. Ut. 4J.U" -0 - cW4.r c"wl w Cew"
*no Uq. ah
APPENDIX “F”
Methodology to adjust
B&TD No. 2 fee for increase
in cost of land acquisition
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
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 B&TD 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.
IO. See the following example for the guidelines in calculating this increase in the
HHHHHHHHHHH
HHHHHHHHHHH
HHHHHHHHHHH
0 0
Lo e ru
ow 0 ow 0 9 e. mo S 3% 2
HH
E 0 v
m %
n
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
RMI
SANDAG
SFD
Acre
Average Daily Trips
Assessor’s 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
Multi-family Dwelling Unit Lump Sum
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
CITY OF CARLSBAD
UPDATED FEE STUDY REPORT
FOR
BRIDGE AND THOROUGHFARE DISTRICT No. 2
(AVIARA PARKWAY - POINSElTIA LANE)
January 2,2001
Prepared By
GALEN N. PETERSON
Consulting Engineer
San Diego, California
(858) 487-7000
TABLE OF CONTENTS
~ ~ ~~~ ~~ ~~
SECTION PAGE
Purpose .................................................................................................................................. I
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 Location Map
B Cost Estimates
C Boundaries of B&TD No. 2
D Analysis of Trips
E SANDAG Guide for Traffic Generation Rates
F Methodology to adjust BBTD No. 2 fee for increase in cost of land acquisition
G 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 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
conditions of approval for Local Facilities Management Plans (LFMP) for Zones 5, 19, 20
Palomar Airport Road and Poinsettia Lane. This financing program is required pursuant to
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,
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
Plan as a four lane, 102 feet right-of-way, major easthest arterial serving undeveloped property
E&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 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).
B&TD No. 2 Updated Fw,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:
W 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.
W 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 benefts that portion of Zone 5 within the Fee Area.
W The portion of Zone 19 within the Fee Area is benefted only by that part of Poinsettia
Lane within the boundaries of Zone 19.
W 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.
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.
Zone 21 is benefited only by Poinsettia Lane.
The reason Zone 19 is benefted 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:
B8TD NO. 2 Updated FW Study Report 3
ADT for Poinsettia I/ LFMP Zone I I I1 Lane
5
0 1,130 4 Darcels in
0 0 19
0 4,288
B&TD No. 2 FEE PROGRAM
The recommended BBTD 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:
Aviara Parkway Poinsettia Lane
BBTD No. 2 Updated Fee Study Report 4
The following recommendations make up the full extent of the B&TD No. 2 fee program:
1
2
3,
4.
Based on the above, the recommended updated fee as compared to the initial fee within each LFMP is as follows:
** The updated and modified fee will replace the current fee after City Council's approval
following a hearing on the updated and modified fee.
The B&TD No. 2 Fee is to be paid at the time of building permit issuance for
exempt since Poinsettia Lane improvements were constructed by the developer prior to
construction within the Fee Area, provided however properties within Zone 19 are
recording the final map for the first phase of the subdivision project entitled "Aviara
Phase Ill Revision".
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.
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. 88-1 (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
since it was almost wholly within the limits of the Poinsettia Lane right-of-way, however
previously paid the fee. The City purchased the entire Aitchison parcel 215-070-18
any further development on this parcel will be subject to the B&TD No. 2 fee.
BBTD 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 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 hislher 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.
to run with the land and be awarded on a building permit-by-permit basis to whoever is Once the credit has been determined for a development, the credit shall be considered
listed as the building permit permittee.
Reimbursements shall be made in accordance with City Council Policy.
BBlLi No. 2 Updated Fee Study Repolt 6
APPENDIX "A"
Location Map
I LOCATION MAP
NOT lb SCALE
NAME POINSETTIA LANE & AVIARA PARKWAY
ROAD WA Y EXTENSIONS
INC OtPl.
APPENDIX "B
Cost Estimates
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 8 Ukegawa
2 $ 1,310,742 Mariano Construction, Design, Inspection and Constr Admin Cost
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
$
$
11 1,600 Additional RMI amount for Sarkaria ($143,000 - $31,400 paid by Sambi)
52,696 Additional City expenses for Sakaria, General Ledger, Org Key 3627000
$ 5,000 Schindler RMI
$
$
78.500 1R audited cost of intersection at Aviara Parkway/Poinseltia by Catellus
$ 40,000 Remaining audit costs
54,910 Audit costs for Sambi & Cobbelstone
$
$
67,844 1R of City Expense, Account 0015720,7350 surveysktudies
$ 300,000 Contingency
16,500 1R updated Fee Study Report
5 5,734,534 Total For Aviara Parkway
$ 58,000 Additional RMI per Brabant Ltr of 8/13/98 ($240,000-$162,000-$20,000 for inter)
General $ 23,294 1R Orig Formation costs
Notes
(1) See Location Map in Appendix A
Report-App B-Updated Cost Est-4
Bridge 8 Thoroughfare District No. 2
City of Carlsbad
(Aviara Parkway - Poinsettia Lane)
Updated Cost Estimate
Poinsettia Lane
Reach (1) Cost Estimate Remarks
1,425,472 Budget amount from Catellus dated 5/12/00
946,257 Budget amount from Catellus dated 7/9/99
630,000 WW for Carlsbad Promenade + $5,000 legal expense
480,000 WW for Gallagher + $5,000 for legal expense
355,000 WW for Aitchison + $5,000 for legal expense
7,800 WW for Hidalgo + $5,000 for legal expense
1,414,749 Construction Estimate based on 90% PSBE
1,645,000 WW estimate for Femandez. Rudavalis and Baker
30,900 Acquisition Services for WW
49.800 City admin costs for Reach C
85.700 Design fee for Reach C
90,000 Inspection and Constr Admin
70,000 Legal and Acquisition costs
15,000 Appraisal of WW 430.588 RIW for DeJong, Kaiser and Nelson
3,000,000 Construction Estimate based on 30% PSBE plus mitigation
- This is a wash since Zone 19 paid for improvements in lieu of BBTD#2 fee
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
1,090,000 WW for Reiter. Maldonado, REH (Harrison) and Sudduth
50,000 Appraisal of WW
841.259 Lohf CT 97-15 Construction, design, inspection, WW and legal
150,000 Legal and Acquisition costs
420,000 estimate of WW for Lohf
635,494 Lohf off-site Construction, design, inspection. WW and legal
15,000 City admin costs for Reach F
10,000 City admin costs for Reach F
23,294 1R Orig Formation costs
78.500 1R 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 1/2 of City Expense, Account 0015720.7350 surveyslstudies
15,489 Ctty Expense, Project 3595, Poinsettia Lane
11,989 Ctty Expense, Project 3546, Poinsettia Lane
16,500 In Updated Fee Study Report
$ 1,500,000 Contingency
f 16,106,435 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
APPENDIX “E”
SANDAG Guide for Traffic
Generation Rates
........
BRIEF GUIDE OF VEHICULAR TRAFFIC GENERATION RATES FOR THE SAN DlEGO REGION
I,"
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8.. .O 4.8 .O 3. 3.7
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sol-. 02,UI. 3w.m.. 0.7,"
7. 11.71 7% 13.7,
.. .. ............ .......... '. ..
APPENDIX “F”
Methodology to adjust
B&TD No. 2 fee for increase
in cost of land acquisition
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 BBTD 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 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
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 BBTD 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 (“% 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
acquired for right-of-way and mitigation (“Land Portion of Fee”).
9. Calculate the total BBTD 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.
B&TD No. 2 fee.
10. See the following example for the guidelines in calculating this increase in the
w w u.
APPENDIX “G
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
RTlP
RNV
SANDAG
SFD
GLOSSARY
Acre Average Daily Trips
Assessor's 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