HomeMy WebLinkAbout04.a. Public Hrg. re Neg. Decl. & CCCSD DA 175Y-OL .
PUBLIC HEARING TO RECEIVE COMMENTS
ON THE DRAFT NEGATIVE DECLARATION FOR
DISTRICT ANNEXATION 175 — ORINDA AND LAFAYETTE (DA 175)
SUGGESTED AGENDA
September 16, 2010
Request staff report
II. 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
175 — Orinda and Lafayette (DA 175).
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 16, 2010
subject: CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A
RESOLUTION APPROVING A NEGATIVE DECLARATION AND DISTRICT
ANNEXATION 175 — ORINDA AND LAFAYETTE (DA 175)
Submitted By: Initiating Dept. /Div.:
Russell B. Leavitt, Engineering Assistant III Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
"V
R. Leavitt J. Miya oto -Mills A. Farrell K. Alm s M elly
eneral 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 175 — Orinda and Lafayette (DA 175).
RECOMMENDATION Conduct a public hearing to receive comments on the Negative
Declaration. Barring any irresolvable comments to the contrary, adopt the attached
resolution approving the Negative Declaration and the proposed annexation.
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.
BACKGROUND The District proposes to annex 106 Orinda parcels and one Lafayette
parcel comprising of approximately 123.4 acres into its service area (see Attachment 1).
Ten of these properties are already connected to the District's public sewers, 69
properties are developed with existing single - family homes each utilizing a septic tank
system for sewage disposal, five properties are owned by local government agencies or
utilities and 33 properties are vacant and zoned for development of up to 38 new
homes. All of these properties are within the District's Sphere of Influence and the
County Urban Limit Line.
K ENVRSEMPosition Papers \Leavitt\2010 \PP Neg Dec DA 175 Public Hearing FINAL 9- 16- 10.doc Page 1 of 18
POSITION PAPER
Board Meeting Date: September 16, 2010
Subject. CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A
RESOLUTION APPROVING A NEGATIVE DECLARATION AND DISTRICT
ANNEXATION 175 — ORINDA AND LAFAYETTE (DA 175)
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 175) 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.
Approval of the draft Negative Declaration would indicate 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. On
Wednesday, August 25, 2010, staff held a community meeting at the Orinda
Community Center to present and discuss the proposed annexation. Four property
owners attended and most expressed an interest in the possibility of developing public
sewer service for their properties. At the conclusion of the public review process, three
comment letters on the proposed Negative Declaration were received. The comment
letters and CCCSD's responses to the comments are presented in Attachment 2. None
of these comments require changes to the conclusions reached in the draft Negative
Declaration.
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POSITION PAPER
Board Meeting Date: September 16, 2010
Subject CONDUCT A PUBLIC HEARING AND CONSIDER ADOPTING A
RESOLUTION APPROVING A NEGATIVE DECLARATION AND DISTRICT
ANNEXATION 175 — ORINDA AND LAFAYETTE (DA 175)
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 the Contra Costa Local Agency Formation Commission ( 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.
RECOMMENDED BOARD ACTION
Conduct a public hearing on the draft Negative Declaration.
2. Adopt a resolution (Attachment 3) approving the Negative Declaration and District
Annexation 175 — Orinda and Lafayette (DA 175).
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ATTACHMENT 1
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Sanitary Distrkt DISTRICT ANNEXATION 175
AREAS 1 — 9 AND 11 1-2
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ATTACHMENT 1 (Cont'd)
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CCCSD ANNEXATION AREA
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ATTACHMENT 2
COMMENTS AND RESPONSES TO COMMENTS
ON THE NEGATIVE DECLARATION FOR
CCCSD'S DISTRICT ANNEXATION 175— ORINDA AND LAFAYETTE (DA 175)
Two comment letters were received during the 30 -day public review period for the
Negative Declaration. The comment letters follow, along with the responses from
CCCSD staff. None of these comments required changes to the conclusions of the
proposed Negative Declaration.
LIST OF COMMENT LETTERS
East Bay Municipal Utility District, William R. Kirkpatrick, Manager of Water
Distribution Planning, August 26, 2010.
2. Contra Costa Local Agency Formation Commission (LAFCO),
Lou Ann Texeira, Executive Director, August 30, 2010.
3. Contra Costa Environmental Health Division (CCEHD), Joseph G. Doser,
R.E.H.S., Supervising Environmental Health Specialist, August 13, 2010.
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East Bay Municipal Utility District, William R. Kirkpatrick, Manager of Water
Distribution Planning, August 26, 2010.
EAST BAY
MUNICIPAL UTILITY DISTRICT
REC p
August 26, 2010
AUG 2D2010
ENVjRDNMENTgL 3
ERVI CES
Russell Leavitt, Environmental Coordinator
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Re: Notice of Intent to adopt a Negative Declaration for Central Contra Costa Sanitary
District - District Annexation 175, Orinda and Lafayette
Dear Mr. Leavitt:
East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the
Negative Declaration for the Central Contra Costa Sanitary District (CCCSD) - District
Annexation 175 for 11 areas located within the cities of Orinda and Lafayette. EBMUD has the
following comments.
GENERAL
EBMUD owns and operates numerous underground water mains located within the 11 areas of
the CCCSD District Annexation 175. These pipelines provide continuous service to EBMUD
customers in the cities of Orinda and Lafayette and their integrity needs to be maintained at all
times. CCCSD should coordinate with EBMUD on future sanitary sewer extension projects that
are within its Annexation 175 areas.
The Assessor's Parcel Number for property numbers 40, 41, 100 and 102 on pages 8 through 11 1 A
seem to not be correct and should be verified.
WATER SERVICE
The 11 areas to be annexed into CCCSD service boundaries are located inside EBMUD service
area; therefore, new development within these areas will be served by EBMUD's water system.
On page 7, under East Bay Municipal Utility District (EBMUD), revise the second sentence to
read "Project sponsors offuture new developments should contact EBAIUD's New Business 1 B
Office to request a water service estimate to determine costs and conditions for providing water
services to the parcel(.$)."
376 ELEVENTH STREET. OAKLAND . CA 946074240 . TOLL FREE F 866 -40 -EBMUD
WENVRSEMPosition Papers \Leavitt\2010 \PP Neg Dec DA 175 Public Hearing FINAL 9- 16- 10.doc
Russell Leavitt, Environmental Coordinator
August 26, 2010
Page 2
If you have any questions concerning this response, please contact David J. Rehnstrom, Senior
Civil Engineer, Water Service Planning at (510) 287 -1365.
Sincerely,
AK , 1 0 t - - --�
William R. Kirkpatrick
Manager of Water Distribution Planning
WRK:AMW:sb
sb10_176.doc
RESPONSE TO EBMUD COMMENTS
1A. There are typographical errors in the four Assessor's Parcel Numbers (APN)
noted in the comment. The corrected numbers are presented below and the text
will be revised accordingly. The information in Table 1 -1 regarding those
properties, however, is correct.
Property Number 40 should be APN 265- 153 -020
Property Number 41 should be APN 265- 153 -013
Property Number 100 should be APN 263- 030 -010
Property Number 102 should be ANP 263- 010 -014
1 B. Page 7, Paragraph 3, Sentence 2 will be revised to read as follows:
Project sponsors of future new developments should contact EBMUD's New
Business Office to request a water service estimate to determine costs and
conditions for providing water services to the parcel(s).
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2. Contra Costa Local Agency Formation Commission (LAFCO),
Lou Ann Texeira, Executive Director, August 30, 2010
CONTRA COSTA LOCALAGENCV FOR- NtATtON CONINIIISSloi
651 Pine Street, Sixth Floor • Martinez, CA 945-53 -122
Lafcc- e -mail: ht'exe(d),lafco.cccounty.0
Am
(925) 335 -1094 • (925) 646 -1228 FA:
August 30, 2010
Russell Leavitt, AICP, Environmental Coordinator
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
SUBJECT: Notice of Intent to Adopt a Negative Declaration
CCCSD Annexation 175 — Orinda and Lafayette
Dear Russ:
Thank you for including Contra Costa Local Agency Formation Commission ( LAFCO) on the distribution
list for the above project. As a Responsible Agency pursuant to the CEQA, LAFCO will rely on the
District's environmental document in consideration of the proposed annexation.
LAFCO is required to consider a variety of factors when evaluating a proposed boundary change,
including, but not limited to, the proposed project's potential impacts on agricultural land and open space,
the provision of municipal services, the timely and available supply of water, adequate and proximate
affordable housing, etc. (Gov. Code §56668). In consideration of these factors, we offer the following
questions and comments.
1. The Project Description (Agency Coordination and Required Approvals — East Bay Municipal Utility
District - page 7) states that new development would need to apply to "CCWD" to obtain water
services. We believe this should read " EBMUD." Please confirm.
2. What is the proximity of the annexation areas to the countywide Urban Limit Line (i.e., inside /outside)?
3. The Project Area Location and Setting (page 2) and Environmental Checklist (page 13) make reference
to EBMUD watershed properties which abut the annexation areas. Are any of the affected annexation
parcels located within a watershed?
1. The Transportation /Traffic discussion (page 33) notes that the potential dwelling units is less than the
minimum number specified to undergo a traffic study. What is the minimum number and source?
Thank you for your consideration of our comments. Please contact us if you have any questions.
Sincerely,
Lou Ann Texeira
Executive Officer
LAFCO Planner
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RESPONSES TO LAFCO COMMENTS
2A. Agreed. See the response to Comment 1 B from EBMUD.
2B. All of the proposed annexation areas are inside the Urban Limit Line.
2C. While all of the proposed annexation parcels in Orinda are located within the
watershed of EBMUD's San Pablo Reservoir, none of the parcels are owned
by EBMUD for the explicit purpose of watershed protection. The replacement
of septic systems with sanitary sewer service would be beneficial to water
quality in these watersheds.
2D. The Contra Costa Transportation Authority would require preparation of a
traffic study if the project could generate more than 100 new peak hour trips.
Development of the maximum number of new homes (38) would generate
approximately 36 peak hour trips. The source of this requirement is: Contra
Costa Transportation Authority, Technical Procedures Update, July 19, 2006.
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3. Contra Costa Environmental Health Division (CCEHD), Joseph G. Doser,
R.E.H.S., Supervising Environmental Health Specialist, August 13, 2010
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2120 Diamond Blvd., Suite 200
Concord, California 94520
CONTRA COSTA Ph (925) 692.2509
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HEALTH SERVICES R ECE�VpOU.cocoeh.org
August 13, 2010
AfJG
Russell Leavitt, Environmental Coordinator j 6 2010
Cent al C a Costa Sanitary District ENVrRONMENTAL SERVICES
Martinez, CA 94553
RE: CCCSD District Annexation 175 — Orinda and Lafayette
Dear Mr. Leavitt:
The Contra Costa Environmental Health Division (CCEHD) has received a request for
agency comments for the above referenced project. Construction of new sewer mains
may result in geotechnical drilling under the jurisdiction of CCEHD. The following are
our comments:
A permit from CCEHD is required for any well or soil boring Pdor to
commencing drilling activities, including those associated with environmental 3A
investigation and cleanup, and geotechnical investigation.
2. Any abandoned wells (water, environmental, or geotechnical) and septic tanks
must be destroyed tinder permit from CCEHD. If the existence of such wells or 3B
septic tanks are known in advance or discovered during construction or other
activities, these should be clearly marked, kept secure, and destroyed pursuant to
CCEHD requirements.
These comments do not limit an applicant's obligation to comply with all applicable laws
and regulations. If you should have any questions, please do not hesitate to call me at
(925) 692 -2535.
Sincerely,
Joseph G. Doser, R.E.H.S.
Supervising Environmental Health Specialist
cc: Christina Satholm, Environmental Health Specialist It
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RESPONSES TO CONTRA COSTA ENVIRONMENTAL HEALTH DIVISION ( CCEHD)
COMMENTS
3A. This comment presents CCEHD permit requirements pertaining to potential
geotechnical drilling in conjunction with construction of new sewer mains. No
new sewer mains are proposed by CCCSD as part of the project, but they could
be initiated by area property owners once annexation of their properties has
been completed. If well drilling or soil boring is proposed as part of a future
private sewer construction project, CCCSD will inform the property owners of this
requirement.
3B. This comment presents CCEHD permit requirements pertaining to abandonment
of wells and septic tanks. No well or septic tank abandonments are proposed by
CCCSD as part of the project, but they could be initiated by area property
owners once annexation of their properties has been completed. If well or septic
tank abandonment is proposed as part of a future private sewer construction
project or residential sewer connection, CCCSD will inform the property owners
of this requirement.
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ATTACHMENT 3
RESOLUTION NO. 2010 -
A RESOLUTION APPROVING A NEGATIVE DECLARATION AND CENTRAL
CONTRA COSTA SANITARY DISTRICT (CCCSD) ANNEXATION
175 — ORINDA AND LAFAYETTE (DA 175) AND REQUESTING
THE CONTRA COSTA COUNTY LOCAL AGENCY FORMATION
COMMISSION (LAFCO) TO INITIATE PROCEEDINGS FOR A
CHANGE OF ORGANIZATION (DISTRICT ANNEXATION NO. 175)
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. The owners of nine (9) properties within the areas proposed to be annexed
have submitted a "Petition for Annexation" to CCCSD requesting annexation;
2. Ninety -eight (98) properties have been included in the areas proposed to be
annexed as "fill -in" parcels to streamline staff work and avoid the creation of
new islands inside CCCSD boundaries;
3. Ten (10) of the properties within the areas proposed for annexation have
connected to the CCCSD public sewer system;
4. All one hundred seven (107) properties are within the CCCSD Sphere of
Influence, as previously approved by LAFCO. No other sewering agency can
reasonably serve these areas;
5. All of the properties are within the Contra Costa County Urban Limit Line;
6. The area has been planned for residential use by the Cities of Orinda and
Lafayette, and substantially developed with this use;
7. The residential density and location of most of the properties within the
watersheds of EBMUD drinking water reservoirs makes sewer service and
annexation to CCCSD prudent to avoid despoiling the creeks with septic
system effluent;
8. CCCSD already has collection facilities throughout Orinda and Lafayette;
9. Wastewater from Orinda and Lafayette can flow by gravity or individual
residential pumping systems to CCCSD's existing collection system;
10. 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
11. CCCSD requires that all served properties annex to the District (CCCSD
Standard Specifications Section 3 -04).
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DA 175
Resolution No. 2010 -
Page 2 of 3
WHEREAS, the proposed change in organization consists of eleven (11) "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 175 -1 through 175 -11 (inclusive); said Exhibit
incorporated herein by reference, comprising a total of approximately 123.4 acres; and
WHEREAS, the only affected county is Contra Costa, in the incorporated cities of Orinda
and Lafayette, and no other sanitary districts are involved; and
WHEREAS, the territory proposed to be annexed to CCCSD is inhabited (12 or more
registered voters); 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 concludes that the Initial Study adequately, accurately, and
objectively evaluated the proposed effect of CCCSD Annexation 175 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 the CEQA and will constitute approval
of the Negative Declaration for CCCSD Annexation 175 — Orinda and Lafayette
(DA 175). 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
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DA 175
Resolution No. 2010 -
Page 3 of 3
Imhoff Place, Martinez, California. Staff is directed to file any necessary CEQA notices
and /or documents with Contra Costa County.
THAT CCCSD District Annexation 175 is hereby approved and staff is directed to
submit this Resolution of Application requesting that the Contra Costa County Local
Agency Formation Commission (LAFCO) initiate annexation proceedings for the eleven
(11) areas shown and described in Exhibit A for proposed annexation areas 175 -1
through 175 -11 (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.
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 16th day of September, 2010, by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Michael R. McGill
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm
Counsel for the District
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EXHIBIT A
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Conual Contra Costa
Sanftsry D114trilat DISTRICT ANNEXATION 175
AM& I AREAS I - 9 AND 11
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EXH A (Cont'd)
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CCCSD ANNEXATION A
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Central Contra Costs Figure
Sanitary District
DISTRICT ANNEXATION 175
AREA 10 1-3
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