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Home My WebLink About05.a. Public Hearing re Draft Neg. Decl. for DA 167BSet PUBLIC HEARING TO RECEIVE COMMENTS ON THE DRAFT NEGATIVE DECLARATION FOR DISTRICT ANNEXATION 1676 — WALNUT CREEK AND CONCORD (DA 1676) SUGGESTED AGENDA January 6, 2011 I. Request staff report Il. Public hearing on the Negative Declaration A. open public hearing. B. Receive public comment. C. Close public hearing. III. Consider adopting a resolution approving the Negative Declaration and District Annexation 1676 - Walnut Creek and Concord (DA 1676), and requesting Contra Costa LAFCO to initiate annexation proceedings, and rescind Resolution 2009 -066. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date January 6, 2011 subject: CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING A NEGATIVE DECLARATION AND DISTRICT ANNEXATION 107E - WALNUT CREEK AND CONCORD, REQUESTING CONTRA COSTA LAFCO TO INITIATE ANNEXATION PROCEEDINGS, AND RESCIND RESOLUTION 2009 -066 Submitted By: Initiating Dept./Div.: Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION <:::-- Zta R. Leavitt A J. Mivam o -Mills A. Farr II K. Alm �r dames M. elly, ►6eneral Yanager ISSUE: Board approval of appropriate California Environmental Quality Act (CEQA) documentation is required prior to approval of Central Contra Costa Sanitary District (CCCSD) Annexation 1676 — Walnut Creek and Concord (DA 1676). A Resolution of Application is required to request the Contra Costa Local Agency Formation Commission (LAFCO) to initiate annexation proceedings. RECOMMENDATION: Conduct a public hearing to receive comments on the Negative Declaration. Barring any irresolvable comments to the contrary, adopt a resolution to rescind Resolution 2009 -066, approve the Negative Declaration and the proposed annexation, and request LAFCO to initiate annexation proceedings. FINANCIAL IMPACTS: The District incurs costs to prepare annexation applications and pays fees to LAFCO, the County Surveyor, the Department of Fish and Game and the State Board of Equalization for annexation processing. Annexation costs are recovered as "annexation charges" when property is connected to the public sewer system. ALTERNATIVESICONSIDERATIONS: The Board may elect to withhold or defer approval of the Negative Declaration, which would prevent or delay moving forward with the annexation. If the Board does not approve the Negative Declaration, it may direct staff to conduct additional analysis and provide further documentation for particular areas of concern. BACKGROUND: On September 9, 2009, the Board of Directors adopted Resolution 2009 -066 directing staff to conduct additional review and prepare appropriate CEQA documentation for the Board's consideration prior to submitting an annexation application requesting that LAFCO initiate annexation proceedings for District Annexation 167B. Staff completed the additional review, and prepared and circulated N:IENVRSECIPosition Papers\Leavitt12011 \1- 6 -111PP Neg Dec DA 167 6 Public Hearing sg FINAL 1- 6- 11.doc Page 1 of 3 POSITION PAPER Board Meeting Date: January 6, 2011 subject CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING A NEGATIVE DECLARATION AND DISTRICT ANNEXATION 167B - WALNUT CREEK AND CONCORD, REQUESTING CONTRA COSTA LAFCO TO INITIATE ANNEXATION PROCEEDINGS, AND RESCIND RESOLUTION 2009 -000 the necessary CEQA documents as discussed below. These efforts resulted in staff drafting a new resolution to replace Resolution 2009 -066 to incorporate the updated CEQA findings. Staff recommends that the District annex twenty-two (22) Walnut Creek and Concord area properties comprising approximately 34.1 acres (see Attachment 1). Fifteen (15) of these properties are already connected to the District's public sewers, three (3) other properties are developed with existing single - family homes each utilizing a septic tank system for sewage disposal, two (2) properties are owned by local government agencies or utilities, and two properties are vacant and zoned for development. An estimated fourteen (14) new homes could be built on the vacant and underutilized properties in the proposed annexation area. All of these properties are within the District's Sphere of Influence and the County Urban Limit Line. Annexation will allow for the following associated indirect and secondary activities: 1) sanitary sewer extensions into residential neighborhoods; 2) abandonment of septic systems, and 3) the connection of existing and future residences to the public sewer system. As Lead Agency under CEQA, the District conducted an Initial Study of the proposed project (DA 1078) to determine if it would have a significant affect on the environment. Staff has concluded that the Initial Study adequately, accurately, and objectively evaluates the environmental impacts of the proposed project, and that a- Negative Declaration is the appropriate document to address the environmental effects of the project. A draft Negative Declaration was prepared, which includes the Initial Study. The draft Negative Declaration was distributed separately to the District Board of Directors. In compliance with the District's CEQA Guidelines, a legal notice was published in the Contra costa Times and the San_ Ramon Valley Times newspapers of general circulation in the area affected b the proposed ro le notice announced Y p p project. The legal the District's intent to adopt a Negative Declaration and the availability of the document for a 30 -day public review period. Additionally, copies of the proposed Negative Declaration or the legal notice were mailed to affected public agencies. At the conclusion of the public review process, no comment letters on the proposed Negative Declaration were received. Approval of the draft Negative Declaration would document the Board's independent finding that there is no substantial evidence that the proposed project would have significant effects on the environment. The proposed annexation action is a jurisdictional and tax boundary change that will have no direct, physical effects on the environment. Mitigation measures related to the associated secondary and indirect N:IENVRSECIPosition Papers1eavitt1261 '111- 6 -111PP Neg Dec DA 1676 Public Hearing sg FINAL 1- 6- 11.doc Page 2 of 3 POSITION PAPER Board Meeting Date: January 6, 2011 Subject. CONDUCT A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING A NEGATIVE DECLARATION AND DISTRICT ANNEXATION 167B - WALNUT CREEK AND CONCORD, REQUESTING CONTRA COSTA LAFCO TO INITIATE ANNEXATION PROCEEDINGS, AND RESCIND RESOLUTION 2069 -066 projects will be incorporated into the designs of those projects to reduce potentially significant impacts to less- than - significant levels or to minimize impacts already considered to be less- than - significant. These measures are discussed in the Initial Study and are inherent in the permit and land use approval processes of the various agencies that regulate sanitary sewer construction and land development activities in the project area. While not required by law or the District's procedures, it has been customary to hold public hearings in advance of the adoption of Negative Declarations. Holding a hearing on the proposed Negative Declaration would be consistent with this practice. Before the proposed project may be approved, the Board must consider any comments received during the Negative Declaration's 30 -day public review process and the public hearing, and then consider approval of the appropriate CEQA documentation (a Negative Declaration is recommended in this case). Following approval of the Negative Declaration and the project, a Notice of Determination will be filed with the county clerk and an annexation application will be filed with LAFCO. LAFCO will use the approved Negative Declaration as its CEQA documentation for consideration of the proposed annexation. RECOMMENDED BOARD ACTION 1 . conduct a public hearing on the draft Negative Declaration. 2. Adopt a resolution approving the Negative Declaration and District Annexation 167B - Walnut creek and Concord, and requesting Contra Costa LAFCO to initiate annexation proceedings, and rescind Resolution 2009 -066. N:IENVRSEMPosition Papers\Leavittl201111- 6 -111PP Neg Dec DA 167B Public Hearing sg FINAL 1- 6- 11.doc Page 3 of 3 0 C) z 0 C) CO LLJ Z Lij D z