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Home My WebLink About2015-01-13; City Council; 21818; Refund Property Development Centers LLC Planned Local Drainage Area Fee La Costa Town Square Commercial CT 01-09of CAR�� „eCITY OF CARLSBAD — AGENDA BILL AS# 21,818 AUTHORIZING A REFUND OF $182,972.16 TO PROPERTY DEPT. DIRECTOR MTG. 1/13/15 DEVELOPMENT CENTERS, LLC FOR OVERPAYMENT OF CITY ATTORNEY PLANNED LOCAL DRAINAGE AREA (PLDA) FEE FOR LA DEPT. CED I COSTA TOWN SQUARE COMMERCIAL, PROJECT NO. I CITY MANAGER CT 01-09 1--� RECOMMENDED ACTION: Adopt Resolution No. 2015-008 authorizing a refund of $182,972.16 to Property Development Centers, LLC, a Delaware limited liability company (developer) for overpayment of Planned Local Drainage Area (PLDA) fee for La Costa Town Square Commercial, Project No. CT 01-09 (project) generally located at northeast corner of La Costa Avenue and Rancho Santa Fe Road. ITEM EXPLANATION: On November 30, 2012, the developer paid $304,983.63 in Planned Local Development Area D (PLDA D) fee associated with Final Map FM 01-09 based on high run-off potential values consistent with commercial development pursuant to Carlsbad Municipal Code (CMC) 20.08.130. On December 2, 2014, the developer requested for PLDA fee reduction pursuant to CMC 15.08.040(e)(iv). CMC 15.08.040(e)(iv) states that a developer may request adjustment of PLDA fees if the project includes Low Impact Development (LID) and hydromodification features in accordance with the City Standard Urban Storm Water Management Plan (SUSMP) that reduce the project's post construction 100-year flood run-off values to the level consistent with a lesser run-off potential values. The developer demonstrated through the hydrology and hydraulic analysis prepared O'Day Consultants dated August 18, 2014 that the LID and hydromodification facilities incorporated in the project design reduced the project's post construction 100-year flood run-off values to the level consistent with a medium run-off values. The city engineer has reviewed and approved the hydrology and hydraulic analysis. The PLDA D fee based on a medium run-off potential is $122,011.47. This is $182,972.16 lower than the amount previously paid by the developer based on a high run-off potential. On December 5, 2014, the city received a request from the developer for a refund of $182,972.16. Staff reviewed the refund request and determined that a refund of fees is appropriate. Section 3.32.030(a) of Carlsbad Municipal Code requires City Council approval of any refund in excess of $25,000. Therefore staff is recommending a refund to Property Development Centers, LLC in the amount of $182,972.16. DEPARTMENT CONTACT: Tecla Levy 760-602-2733 tecla.levy@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC ❑ DENIED ❑ CONTINUED TO DATE UNKNOWN ❑ CONTINUED ❑ RETURNED TO STAFF ❑ WITHDRAWN ❑ OTHER —SEE MINUTES ❑ AMENDED 13 Refund for PLDA Fee Jan. 13, 2015 Page 2 of 2 FISCAL IMPACT: The current cash balance in the Planned Local Drainage Area D Fund is $772,000. After the refund of $182,972.16 is issued to the developer the cash balance in the fund will be approximately $589,027.84. ENVIRONMENTAL IMPACT: The refund is considered to be a ministerial project and is exempt from the requirements of CEQA pursuant to Carlsbad Municipal Code Section 19.04.070 A.1.a. FVWIRITC- 1. Resolution No. 2015-008 authorizing a refund to Property Development Centers, LLC, a Delaware limited liability company for overpayment of Planned Local Development Area D (PLDA D) 2. A letter from Property Development Centers, LLC, a Delaware limited liability company requesting a refund for overpayment of Planned Local Development Area D (PLDA D) EXHIBIT 1 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 RESOLUTION NO. 2015-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A REFUND TO PROPERTY DEVELOPMENT CENTERS, LLC FOR OVERPAYMENT OF PLANNED LOCAL DRAINAGE AREA (PLDA) FEE FOR LA COSTA TOWN SQUARE COMMERCIAL, PROJECT NO. CT 01-09 WHEREAS, on November 30, 2012, the Property Development Centers, LLC, a Delaware limited liability company, paid $304,983.63 in Planned Local Drainage Area D (PLDA D) fee associated with Final Map FM 01-09 based on high run-off potential values pursuant to CIVIC 20.08.130; and WHEREAS, on November 24, 2014, the developer requested a reduction in drainage fee pursuant to CIVIC 15.08.040(e)(iv); and WHEREAS, the hydrology and hydraulic analysis prepared O'Day Consultants dated August 18, 2014 demonstrated that the low impact development and hydromodification facilities incorporated in the project design reduced the project's post construction 100-year flood run-off values to the level consistent with medium run-off values; and WHEREAS, the PLDA D fee based on a medium run-off potential is $122,011.47. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Finance Director is authorized to refund $182,972.16 from PLDA D Fund to Property Development Centers, LLC, a Delaware limited liability company. I 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of January 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. — 24 I 4aimix MATT HALL, Mayor ATTEST: fc BARBARA ENGLESON, C4qy Clerk 0 Ilk Air►►►rr9�t`� Property Development Centers December 2. 201 1 City of Carlsbad Engineering Department Tec:,la levy, Associate Engineer 16:35 Faraday Ave Carl,bad. C1 92008 t ;: e rµel�ie' 4wIr p,'.:. Subje('t-: Request to reduce drainage fees and requestt a reimbursement of drainage fees for La costa Town Square Warlsbad 'Tract No. 01-09) and (Parcel 2 of Parcel Nlap No. 20982 — per Minor Subdivision 04-08) I )ear 'Tech. Pt-operty I)crvelopment ("enters has previously paid to the City drainage fees based on "High Runoff" in the amount of `:3o4,983.63. On August 18, 2014 O'Day Consultants prepared a hydrology and hydraulic analysis that showed with the drainage improvements approved and constructed that the project now qualifies as a "lblediurn Runoff' projectfind qualifies fbr a drainage fee reduction shown as follows: • gross commercial lot area per parcel 2 of MS O4-08 = 41.54 acres • Cross area of ope: n space Lot 1 7 of C" r o l -o9 - 3.92 acres • :33' of e sees street, dodicati+rn on Rancho Santa Fe Road (2010.01' r 3,*1') - L,54 nacres • 1 2' cif exce,s street dedication on La Costa Ave. (1 125.4 1' k 12) - 0.31acres Area subject fbr fee reduction = =3i, 7T acres • 35.77 :ac x PI DA (I)) (llediurn Runoff) $311 ltae = S I22,01 L-1=1 • Previous drainage fee payment is "+304.98 3,63 minus revised fee of $122,011. 14 equals refund due of $182,972.16. 3v I$ Sluncndeo Mal Road. Pleu�munt. (:1 �i }j i8-3_"9 " I 423.467 3f1Ob F 925'a?8 1 20o . \ 4a1c e rimparr� a Dem m} r± 2014 Pam 2 eease process our request tchange yaTown Square C01111nercial area m`@e±um Runi`and W iv Nndt CXCOSS drainage ge p64 aw defined above W the Carkbad Cit Council. Sincerely l)pvr D ! pmentCenmA.I .0 x XUOW &aA41aK m: Juan AiTiaga m ek H enc r m Tim Cam ± Bob 1 d} ig «escwway 9 Ig,WMM 0l55o+,lw # a ¥ 8