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HomeMy WebLinkAbout05.a. Public hearing to approve Negative Declaration for District Annexation 084 - Alamo and DanvillePUBLIC HEARING TO RECEIVE COMMENTS ON THE 5.a. DRAFT NEGATIVE DECLARATION FOR DISTRICT ANNEXATION 184 — ALAMO AND DANVILLE SUGGESTED AGENDA March 21, 2013 Request staff report Public hearing on the Negative Declaration A. Open public hearing. B. Receive public comment. C. Close public hearing. III. Consider approval of the Negative Declaration and District Annexation 184 — Alamo and Danville C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \DA 184 Agenda 3- 21-13 doc Final.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: March 21, 2013 Subject: CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING A NEGATIVE DECLARATION AND DISTRICT ANNEXATION 184 — ALAMO AND DANVILLE Submitted By. Russell B. Leavitt, Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill, Senior Engineer D. Gemmell, Environmental Services Division Manager Initiating Dept. /Div.: Engineering /Environmental Services C. Swanson Provisional General Manager ISSUE: Board approval of appropriate California Environmental Quality Act (CEQA) documentation is required prior to approval of Central Contra Costa Sanitary District (CCCSD) Annexation 184 — Alamo and Danville (DA 184) and a Board of Directors' Resolution of Application is required to initiate formal Contra Costa Local Agency Formation Commission ( LAFCO) annexation proceedings. RECOMMENDATION: 1) Conduct a public hearing to receive comments on the Negative Declaration; and, 2) Barring any irresolvable comments to the contrary, adopt the attached resolution approving the Negative Declaration, the proposed annexation and application to initiate LAFCO annexation proceedings. FINANCIAL IMPACTS: The District incurs costs to prepare annexation applications and pays fees to LAFCO, the County Surveyor 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. ALTERNATIVES /CONSIDERATIONS: 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. The Board could decline to initiate annexation of these areas, which would require that the property owners apply directly to LAFCO for annexation to the District. BACKGROUND: The District proposes to annex two Alamo parcels and four Danville parcels comprising 28.08 acres. None of the properties are already connected to the District's public sewer system. These properties were organized into five "annexation areas" to eliminate "islands" within District boundaries. All of the annexation areas are C: \Users \danderson \Desktop \FINAL PP Conduct PH for DA 184 3 -21 -13 Final.doc Page 1 of 3 POSITION PAPER Board Meeting Date: March 21, 2013 subject: CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING A NEGATIVE DECLARATION AND DISTRICT ANNEXATION 184 — ALAMO AND DANVILLE within the District's Sphere of Influence and the County Urban Limit Line. The general location of each annexation area is shown on Attachment 1. 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) Connection of existing and future residences to the public sewer system. Unlike many other District annexations, this one was not exempt from CEQA, because it included one or more properties that could be developed with more than three residential units. Several such properties (and nearby exempt properties) from Alamo and Danville were purposefully grouped together to consolidate the environmental review. As Lead Agency under CEQA, the District conducted an Initial Study of the proposed project (DA 184) to determine if it would have a significant effect 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 Board of Directors in November 2012. Approval of the draft Negative Declaration would establish 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 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. 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 by the proposed project. The legal notice announced 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. C: \Users \danderson \Desktop \FINAL PP Conduct PH for DA 184 3 -21 -13 Final.doc Page 2 of 3 POSITION PAPER Board Meeting Date: March 21, 2013 subject: CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING A NEGATIVE DECLARATION AND DISTRICT ANNEXATION 184 — ALAMO AND DANVILLE Before the proposed project may be approved, the Board must consider any comments received during 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 the LAFCO. LAFCO will use the approved Negative Declaration as its CEQA documentation for consideration of the proposed annexation. 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. Staff has drafted a Resolution of Application requesting that LAFCO initiate annexation proceedings for the five areas. These areas are described below: • Annexation Area 184 -1 is comprised of one vacant parcel on Ironwood Place in Alamo. • Annexation Area 184 -2 is comprised of one parcel developed with two dwelling units located on Danville Blvd. in Alamo. • Annexation Area 184 -3 is comprised of one parcel developed with one single - family residence on Diablo Road in Danville. • Annexation Area 184 -4 is comprised of one (1) EBMUD water tank site on Diablo Road in Danville. • Annexation Area 184 -5 is comprised of one parcel developed with a commercial plant nursery and one parcel developed with one single family home on Camino Tassajara in Danville. RECOMMENDED BOARD ACTION: 1) Conduct a public hearing on the draft Negative Declaration. 2) Adopt a resolution approving the Negative Declaration, the proposed annexation, and the application to LAFCO initiating annexation proceedings for District Annexation 184 — Alamo and Danville. Attached Supporting Documents: 1. Attachment 1 - Location of District Annexation 184 Areas 2. Proposed Resolution with Exhibit A C: \Users \danderson \Desktop \FINAL PP Conduct PH for DA 184 3 -21 -13 Final.doc Page 3 of 3 13— Mar -2013 K: \Projects \— specialmops \— annexation \DA184 \DA184 -90.dw RD G'J��4 1 � 2 z w O DIABLO K S) BL RD 4 DIABLO 3 DAN ILLE CAMINO SYCAMORE��Qg 5 4'O CL R G LEGEND: r CCCSD ANNEXATI REA �L Cf U 1500 3000 CCCSD BOUNDARY O FEET Central Contra Costa sanitary District LOCATION OF DISTRICT Attachment ` ANNEXATION 184 AREAS 1 RESOLUTION NO. 2013 - A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CENTRAL CONTRA COSTA SANITARY DISTRICT ANNEXATION 184 - ALAMO AND DANVILLE (DA 184) AND REQUESTING THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR A CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 184) WHEREAS, the Central Contra Costa Sanitary District (CCCSD) wishes to initiate proceedings pursuant to the Cortese- Knox - Hertzberg Local Government Reorganization Act of 2000 for a change of organization; and WHEREAS, the change of organization is proposed for the following reasons: 1. Six (6) properties have been included in the areas proposed to be annexed as "fill -in" parcels to streamline staff work and avoid the occurrence of islands inside CCCSD boundaries; 2. All six (6) properties are within the CCCSD Sphere of Influence, as previously approved by the Contra Costa County Local Agency Formation Commission (LAFCO). No other sewering agency can reasonably serve these areas; 3. All of the properties are within the Contra Costa County Urban Limit Line; 4. The area has been planned for residential or utility use by the Contra Costa County or the Town of Danville; 5. CCCSD already has collection facilities throughout Alamo and Danville; 6. Wastewater from Alamo and Danville can flow by gravity or individual residential pumping systems to CCCSD's existing collection system; 7. CCCSD will assume responsibility, upon annexation, for maintenance and operation of public sewer facilities required to provide service to the areas proposed to be annexed; and 8. CCCSD requires that all served properties annex to the District (CCCSD Standard Specifications Section 3 -04). WHEREAS, the proposed change in organization consists of five (5) "single areas" (as defined by the State Board of Equalization) generally adjacent to the existing CCCSD boundary, as shown on the map attached hereto as Exhibit A and designated thereon as proposed Annexation Areas 184 -1 through 184 -5 (inclusive); said Exhibit incorporated herein by reference, comprising a total of approximately 28.08 acres; and WHEREAS, the only affected county is Contra Costa, in the unincorporated area of Alamo and the incorporated Town of Danville, and no other sanitary districts are involved; and Central Contra Costa Sanitary District Resolution No. Page 2 of 3 WHEREAS, the territory proposed to be annexed to CCCSD is uninhabited (fewer than 12 registered voters); as defined by LAFCO; and WHEREAS, the proposed annexation is subject to the provisions of the CCCSD Code, and if the annexation were approved, all of the provisions of said Code would become applicable to the properties annexed, including the requirement that annexation charges be collected at the time of connection to the public sewer system; and WHEREAS, an Initial Study has been conducted by CCCSD in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, CCCSD staff conclude that the Initial Study adequately, accurately, and objectively evaluated the proposed effect of CCCSD Annexation 184 on the environment; and WHEREAS, adequate public notice was given to receive comments on the Initial Study and proposed annexation; and WHEREAS, the CCCSD Board of Directors reviewed the results of the Initial Study, considered comments received, and determined that the project will not have a significant effect on the environment; and WHEREAS, the CCCSD Board of Directors finds that the Negative Declaration reflects its independent judgment of the environmental effects of the proposed project. NOW, THEREFORE, BE IT RESOLVED by the CCCSD Board of Directors as follows: THAT adoption of this resolution will establish the Board of Directors' independent finding that the environmental effects of annexing the areas shown on Exhibit A have been adequately addressed in compliance with CEQA and will constitute approval of the Negative Declaration for CCCSD Annexation 184 - Alamo and Danville (DA 184). The Secretary of the District will be custodian of the document and other materials that constitute the record of proceedings for the adoption of this Negative Declaration. The record of proceedings will be maintained at CCCSD's offices, 5019 Imhoff Place, Martinez, California. Staff is directed to file any necessary CEQA notices and /or documents with Contra Costa County. THAT CCCSD DA 184 is hereby approved and staff is directed to submit this Resolution of Application requesting that LAFCO initiate annexation proceedings for the five (5) areas shown and described in Exhibit A for proposed Annexation Areas 184 -1 through 184 -5 (inclusive), as authorized and in the manner required under the Cortese - Knox- Hertzberg Reorganization Act of 2000, together with a complete application package including all other required information, geographical descriptions, maps, forms, questionnaires, indemnification agreement, fees, and a mailing list of affected property owners, and of all other property owners and registered voters who reside within 300 feet of each of the proposed annexation areas. Central Contra Costa Sanitary District Resolution No. Page 3 of 3 THAT it is not the current practice of CCCSD to use its power under Health and Safety Code Section 6520 to compel property owners to connect their properties to the public sewer system involuntarily. PASSED AND ADOPTED this 21 st day of March 2013, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District 13— Mar -2013 K:\ Projects \— specialmops \— annexation \DA184 \DA184 -00.dw 0 ST OAF f� �A0 'ZY RD �a�4F � 2 1 � w w � c7 DIABLO .: i .N BLVD RD 4 DIABLO 3 DAN ILLE CAMINO sYCAMORE T�s✓gRq 5 ,4p C� R c LEGEND: CCCSD ANNEXATI REA � 0 3000 CCCSD BOUNDARY FEET Central Contra Costa Sanitary District LOCATION OF DISTRICT EXHIBIT ' ANNEXATION 184 AREAS A