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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. ! € , f s IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 j 7 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 ., 1 2 3 4 5 6 7 8 9 10 11 12 '3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 .- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ., 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 .. 1 2 3 4 5 6 7 8 9 10 11 12 43 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 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 - t "I cd T d 7D" CD E v, 0 z 0 0 0 " A cj CD €e 2 0 u" " U 9, €e 2 . 00 s Q CD CD < 0 U CD - z 0 0 Y s r' A 0 A ilj Q fff P 0 3 0 T cd 9, v) CD 51 Q CD CD < 0 U CD - z 0 n CD CD S Y 0 S A U 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," ..a 8.. .O 4.8 .O 3. 3.7 I. ..a .. .- .. .. 62 I. .. n 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