CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION EXECUTIVE OFFICER'S REPORT. October 31, 2012 (Agenda)

Transcription

1 CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION EXECUTIVE OFFICER'S REPORT Dougherty Valley Annexation #15 to the City of San Ramon PROPONENT City Council of City of San Ramon, by resolution aopte June 26, 2012 ACREAGE & Annexation #15 inclues acres (numerous parcels) an is locate LOCATION ajacent to Quail Run Elementary School. The annexation area inclues 520 housing units (201 single-family housing units, 186 for-rent apartments, an 133 for-sale conominiums) an acres esignate for parks an recreation. PURPOSE SYNOPSIS Provie municipal services for the approve resiential subivision. The Commission will also consier the corresponing etachment of the subject territory from County Service Area (CSA) P-6. This is the 15 th in a series of planne annexations for the area known as Dougherty Valley (DV). The DV project is being evelope in phases through Contra Costa County. Annexation of the project area to the City of San Ramon is require pursuant to the Dougherty Valley Settlement Agreement (DVSA), which in 1994 was enorse by the County, cities of Danville an San Ramon, Winemere Ranch Partners an Shapell Inustries. The annexations are to occur following recoration of final subivision maps. DISCUSSION The Cortese Knox Hertzberg Act (CKH Act) sets forth factors that the Commission must consier in evaluating any propose change of organization or reorganization as iscusse below (Gov. Coe 56668). In the Commission's review of these factors, no single factor is eterminative. In reaching a ecision, each factor is to be evaluate within the context of the overall proposal. 1. Consistency with the Sphere of Influence of Any Local Agency: LAFCO is charge with both regulatory an planning functions. Annexations are basically a regulatory act, while establishing spheres of influence (SOIs) is a planning function. The SOI is an important benchmark as it efines the primary area within which urban evelopment is to be encourage. In orer for the Commission to approve an annexation, it must be consistent with the jurisiction's aopte SOI. The annexation area is within the City of San Ramon s SOI an within the City s Urban Growth Bounary an the countywie Urban Limit Line. 2. Lan Use, Planning an Zoning - Present an Future: The City of San Ramon s General Plan esignates the area for Single Family Meium Density Resiential an Parks. The City has prezone the area for Planne Development an Parks an Recreation. Per the Contra Costa County General Plan an Dougherty Valley

2 Page 2 Specific Plan (DVSP), the current an future lan uses for the area inclue Multiple Family Low Density Resiential an Parks an Recreation. Surrouning lan uses inclue resiential an public/semi-public lan to the east, west an north, an vacant lan (uner construction) to the south. The current an propose uses are consistent with the City s plan an prezoning esignations. No changes in lan uses are propose. 3. The Effect on Maintaining the Physical an Economic Integrity of Agricultural Lans: The DV project, as previously approve by the County, converts approximately 6,000 acres of farmlan to urban uses an open space. Of the 6,000 acres that comprise the DVSP area, 2,000 acres have been mappe as farmlan of local importance an the remaining 4,000 acres are mappe as grazing lan. Through the 1992 DVSP an General Plan amenment, these lans were change from Agricultural Preserve to Agricultural Lans an esignate as P-1 (Planne Unit Development) to allow a mix of housing, school an community facilities, parks an open space areas. Contra Costa County foun that there were overriing consierations in support of aoption of the Specific Plan, espite the unavoiable impact to agricultural resources. With aoption of the DVSP in 1992, none of the project site was zone for agricultural use, an there are no current Williamson Act Lan Conservation Agreements within the project site. The project woul not convert farmlan to non-agricultural uses as farmlan oes not currently exist in the DV area. Approval of the urban lan uses esignations for the area occurre in 1992, 1996 an Accoring to the City, the project can be viewe as implementation of the alreay establishe specific plan an lan use esignations. 4. Topography, Natural Features an Drainage Basins: The site consists of a complex series of major an minor riges, rolling hills an a relatively flat valley, which rains to the south. There are no other significant natural bounaries affecting the proposal. 5. Population: Currently, some of the 186 welling units (Valencia Apartments) are occupie; the remaining 201 single-family housing units an 133 for-sale conominium units are uner construction, an some are occupie. Entitlements have been approve for the entire Phase 3 of Gale Ranch, a portion of the annexation area. The construction of the 520 housing units will result in an estimate population increase of approximately 1,498 persons (California State Dept. of Finance, January 1, 2012). 6. Fair Share of Regional Housing: Pursuant to of the CKH Act, LAFCO must consier in the review of a proposal the extent to which the proposal will assist the receiving entity in achieving its fair share of the regional housing nees as etermine by the regional council of governments. Regional housing nees are etermine by the State Department of Housing an Community Development; the councils of government throughout the State allocate to each jurisiction a fair share of the regional housing nees (Government Coe 65584).

3 Page 3 In Contra Costa County, the Association of Bay Area Governments (ABAG) etermines each city s fair share of regional housing nees. Each jurisiction is require in turn to incorporate its fair share of the regional housing nees into the housing element of its General Plan. In June 2008, ABAG release the Propose Final Regional Housing Nees Allocation (RHNA) Plan for the perio The City reports that its total RHNA for is calculate at 3,463 units. Of that, 834 are market rate, an 2,629 are afforable (i.e., 740 moerate, 715 low an 1,174 very low). It is a requirement of the Dougherty Valley Afforable Housing Program that 25% (2,748) of the 11,000 units in DV are afforable. DV Annexation #15 inclues a total of 520 resiential units, of which 186 for-rent apartments units (Valencia Apartments) are afforable. However, to ate, the DV annexations have resulte in 2,416 afforable units. The Winemere phase, which is now complete, prouce 1,290 units, an the Gale Ranch phase, which is not yet complete, has prouce 1,126 afforable units. The housing units in Gale Ranch Phase 3 will be consiere in the San Ramon Housing Element. 7. Governmental Services an Controls - Nee, Cost, Aequacy an Availability: In accorance with Government Coe 56653, whenever a local agency submits an annexation application, the local agency must also submit a plan for proviing services to the annexation area. The plan shall inclue all of the following information an any aitional information require by LAFCO: (1) An enumeration an escription of the services to be extene to the affecte territory. (2) The level an range of those services. (3) An inication of when those services can feasibly be extene to the affecte territory. (4) An inication of any improvement or upgraing of structures, roas, sewer or water facilities, or other conitions the local agency woul impose or require within the affecte territory if the change of organization or reorganization is complete. (5) Information with respect to how those services will be finance. The City s "Plan for Proviing Services Within the Affecte Territory," as require by Government Coe 56653, is on file in the LAFCO office. The level an range of services will be comparable to those currently provie within the City. The DVSA provies Performance Stanars for services in the DV. The area propose for annexation will be evelope with 520 resiential housing units, an approximately five acres esignate for park an recreation. The City will provie a range of municipal services, incluing police, library, recreation, floo control, public facilities maintenance, etc. Fire services will continue to be provie by the San Ramon Valley Fire Protection District (SRVFPD), water services will be provie by the Dublin San Ramon Services District (DSRSD), an sewer services will be provie by the Central Contra Costa Sanitary District (CCCSD). Fire Protection Fire an emergency meical services are, an will continue to be, provie by SRVFPD following annexation. The City s General Plan policies inclue service stanars relating to response time (i.e. 4-5 minutes for emergency calls 90% of the time) an location of fire stations in proximity to evelope areas (i.e., 1.5 miles to resiential an non-resiential evelopment). Fire Station No. 30 is locate approximately 1.05 miles from the annexation area, has primary responsibility for fire an emergency meical services. Fire Stations 34, 35 an 39 woul respon as seconary an tertiary stations, an all are locate

4 Page 4 within 3.05 an 3.41 miles from the annexation area. The main roas (routes) to the annexation area are Bollinger Canyon Roa, Dougherty Roa, Stoneleaf Roa, South Monarch Roa, an Main Branch Roa. Police Services Law enforcement services are currently provie to the annexation area by the Contra Costa County Sheriff s Department. Upon annexation, police services will be provie by the City of San Ramon. The City s police epartment maintains a ratio of approximately 0.8 officers per 1,000 population in accorance with the City s aopte service stanars for police services. The DVSA establishes the performance stanars for police service in DV consistent with the City s General Plan, which inclue 3-5 minute response times (travel time) for emergency calls, an a 20 minute response time for all other calls which can be maintaine 95 percent of the time. The City reports that complete evelopment in the surrouning areas of DV is alreay within the service area for San Ramon police services; therefore, police service for the annexation area can meet the performance stanar. No aitional police officers are anticipate for the propose annexation area. Streets an Roaways The annexation area is serve by a network of arterial roas (Bollinger Canyon Roa, Dougherty Roa, etc.), collector an local streets. In aition, public transit (bus) service is provie in the DV an annexation area, along with a bicycle an peestrian network. The DVSA requires the evelopers to provie a transportation system (streets, roaways, bicycle, peestrian, an transit services, etc.) as establishe by the DVSP. Parks an Recreation The DVSA requires 6.5 acres of parklan per 1,000 resients, which is consistent with the City s General Plan. Upon buil-out of DV, this performance stanar will be met. The DVSP an DVSA establish a variety of park types throughout DV. To ate, the evelopers of DV have provie 214+ acres of parklan, excluing the acres of parklan inclue with Annexation #15. Wastewater Services Wastewater services to the annexation area will be provie by CCCSD, which is responsible for wastewater collection, maintenance of the sewer lines, wastewater treatment an isposal services. CCCSD currently serves an estimate population of 322,000 resients in a 144-square-mile service area. CCCSD s wastewater collection system consists of 1,500 miles of sewer mains with 18 pump stations. The majority of CCCSD s system operates with gravity flow with some pumping stations an force mains. CCCSD s wastewater treatment plant provies seconary level treatment for an average ry weather flow of approximately 34.3 million gallons per ay (mg) of wastewater. The wastewater treatment plant has a permitte ischarge limit of 53.8 mg an a treatment capacity of 240 mg of wet weather flow. CCCSD provies sewage collection, treatment, an isposal service to the Dougherty Valley, incluing the annexation area. Within the annexation area, wastewater facilities inclue several existing 8-inch sanitary sewer mains which ultimately connect to a 16-inch iameter trunk sewer at Stoneleaf Roa. The trunk sewer leas to the Dougherty Tunnel, the San Ramon Pumping Station, an eventually to gravity sewers that carry flows north to CCCSD s wastewater treatment plant.

5 Page 5 Some of CCCSD ownstream facilities o not have aequate flow-carrying capacity uner CCCSD's current esign criteria for ultimate conitions. Planne evelopment of DV Annexation #15 requires a private eveloper-constructe, gravity-flow system of 8-inch iameter mains an 4-inch iameter service laterals within area streets an riveways. Once constructe as private-installer projects, the new public mains will be eicate to CCCSD for ownership an maintenance responsibilities. Some of the sanitary mains within the multiple-family evelopments may be kept private with homeowners associations being responsible for ownership an maintenance. Base on average wastewater generation rates [i.e., 195 gallons per ay (gp) per singlefamily welling unit, 150 gp per multiple-family welling unit, an 40 gp per 1,000 sq. ft. of park], the propose 520 welling units an parklan will generate approximately 95,500 gallons of wastewater per ay (0.1 mg). The sewer lines in the vicinity of the project site have, or will have, aequate capacity to serve the propose project, an the CCCSD wastewater treatment plant has aequate capacity to treat wastewater generate by the propose project. The plant currently operates below permitte treatment capacity an the project-relate increases in wastewater flows to the plant coul be accommoate within the plant s existing capacity. Improvements to correct the ownstream eficiencies that woul result from cumulative impacts within the service area are, or will be, inclue in CCCSD's Capital Improvement Plan. Improvements to CCCSD's existing facilities that are require as a result of new evelopment will be fune from applicable CCCSD fees an charges. The eveloper will be require to pay these fees an charges at the time project resiences connect to the sewer system. Other Services Capital improvements for this project are being fune through the evelopers as a conition of evelopment. The ongoing maintenance an operations costs associate with police services, roa maintenance, parks an lanscape maintenance, open space an trail maintenance, floo control, an community facilities maintenance will be finance through CSA M-29. CSA M-29 was establishe in 1997 an inclues a combination of revenue sources as follows: General A-Valorem Property Taxes Real Property Transfer Tax Special Assessments Sales Tax Fines an Forfeitures License, Permits, Franchise Fees Pursuant to the DVSA, the City requests the DV Annexation #15 territory remain within CSA M-29 in orer to continue the assessment of the special taxes/fees to fun services as escribe above. Typically when an area is annexe to a city, it is etache from a CSA, as the County no longer provies service, an the city assumes the provision of municipal services. The City s request that the annexation area remain in CSA M-29 is supporte by the DVSA. However, it is recommene that if the annexation is approve, the subject territory be etache from CSA P-6 (police services). The effect of the etachment will result in the CSA's allocation of

6 Page 6 a valorem property tax (1%) being transferre from the County to the City following annexation. (Note: Uner previous law, once property was annexe to a city it was automatically etache from a CSA; however, a recent change to the law now requires LAFCO to specify whether or not the annexation area is to be etache from a CSA). The City an County have entere into a tax sharing agreement which provies for an exchange of property tax an takes into account the provision of municipal services. 8. Timely Availability of Water an Relate Issues: Pursuant to the CKH Act, LAFCO must consier the timely an available supply of water in conjunction with a bounary change proposal. In accorance with Contra Costa LAFCO policies, any proposal for a change of organization that inclues the provision of water service shall provie information relating to water supply, storage, treatment, istribution, an waste recovery; as well as aequacy of services, facilities, an improvements to be provie an finance by the agency responsible for the provision of such services, facilities an improvements. A number of stuies were complete to aress the timely an aequate provision of water service to the DV. This information is presente in the various environmental ocuments, which were previously provie to the Commission an are available in the LAFCO office. Dublin San Ramon Services District (DSRSD) will provie water service to the annexation area an provies water service to the entire DV with the exception of Gale Ranch Phase 1. Gale Ranch Phase 1 water service is provie by East Bay Municipal Utility District. The water eman for the annexation area will be 182,000 gallons per ay. DSRSD has the capacity to provie services consistent with its aopte water service plans. 9. Assesse Value, Tax Rates an Inebteness: The annexation area is within tax rate area The assesse value is $88,835,076 ( roll). The territory being annexe shall be liable for all authorize or existing taxes comparable to properties presently within the annexing agencies, if applicable; an shall remain within CSA M-29 following annexation. 10. Environmental Impact of the Proposal: Contra Costa County was the lea agency an prepare an certifie the following environmental ocuments in conjunction with this project: Aenum to the Dougherty Valley Draft Environmental Impact Report (DEIR) entitle Gale Ranch Phase 3 Final Development Plan & Vesting Tentative Subivision Maps Dougherty Valley Specific Plan October 2003; Final Subsequent EIR 1996; an the Final EIR for the Dougherty Valley General Plan Amenment an Specific Plan In aition, the County aopte a Mitigation Monitoring an Reporting Program in 1992, an Finings, Recommenations an a Statement of Overriing Conitions in Copies of these ocuments were previously provie to the members of Commission an are available for review in the LAFCO office. 11. Lanowner Consent an Consent by Annexing Agency: Accoring to County Elections, there are more than 12 registere voters in the area propose for annexation; thus, the area is consiere inhabite.

7 Page 7 Less than 100% of the affecte lanowners/voters have provie written consent to the annexation. Thus, the Commission s action is subject to notice, hearing, as well as protest proceeings. All lanowners an registere voters within the proposal area an within 300 feet of the exterior bounaries of the area have receive notice of the October 31 hearing. As of this writing, LAFCO has receive no objection from any affecte lanowner or registere voter. If no objection is receive from an affecte party prior to the conclusion of the hearing on October 31, the Commission may waive the protest proceeings. However, if any objection is receive at any time prior to or uring the hearing, then a protest hearing is require (Gov. Coe Section 56663). 12. Bounaries an Lines of Assessment: Annexation area #15 is contiguous to existing City bounaries. A map an legal escription to implement the propose bounary change have been receive an are being reviewe by the County Surveyor. 13. One of the factors LAFCO must consier in its review of an application is the extent to which the proposal will promote environmental justice. As efine by statute, environmental justice means the fair treatment of people of all races, cultures, an incomes with respect to the location of public facilities an the provision of public services. The propose annexation is not expecte to promote or iscourage the fair treatment of minority or economically isavantage groups. ALTERNATIVES FOR COMMISSION ACTION After consieration of this report an any testimony or aitional materials that are submitte the Commission shoul consier taking one of the following options: Option 1 Approve the reorganization incluing the amenment to etach the annexation area from CSAs P-6. A. Certify LAFCO has reviewe an consiere the information containe in the EIR as certifie by the County together with the relate Mitigation Monitoring an Reporting Program; an aopt the County s CEQA Finings an Statement of Overriing Conitions as prepare an aopte by the County. B. Aopt this report an approve the proposal, to be known as Dougherty Valley Reorganization #15: Annexation to the City of San Ramon an Corresponing Detachment from CSA P-6 subject to the following terms an conitions: 1. The territory being annexe shall be liable for the continuation of any authorize or existing special taxes, assessments an charges comparable to properties presently within the annexing agency. 2. Allow the overlap of the City an CSA M The City has elivere an execute inemnification agreement proviing for the City to inemnify LAFCO against any expenses arising from any legal actions challenging the annexation.

8 Option 2 Option 3 Executive Officer s Report Page 8 C. Fin that the subject territory is inhabite an that the annexing agency has consente to waiving the conucting authority proceeings. However, less than 100% of the affecte lanowners/registere voters have consente to the annexation. Shoul LAFCO receive any objection to the annexation from an affecte party prior to or uring the public hearing, then a subsequent protest hearing is require. Shoul no protest be receive, then the Commission may waive the protest hearing an irect LAFCO staff to complete the proceeings. A. Certify it has reviewe an consiere the information containe in the EIR an relate environmental ocuments as prepare an certifie by the County. B. Aopt this report an DENY the proposal. RECOMMENDED ACTION: Approve Option 1. If the Commission nees more information, CONTINUE this matter to a future meeting. c: Distribution LOU ANN TEXEIRA, EXECUTIVE OFFICER CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION Attachments 1. Map of Annexation Area 2. Draft LAFCO Resolution

9 Attachment 1 LAFCO No : Dougherty Valley Annexation #15 to the City of San Ramon oo Bo Dr lli ng er hr na r ch R R yb Ba hr a rc nr St R r er td a n bio hr ig ole Br Dr Al on Ln mo a rk tvi ee M B ain c ra n SM iew yv na P eg C in tm Sw W h nc R e rr Nu ss p re y C ny on Go ill R a m Ln Water m Sp sr l l s tr e e Av fr ay lea nb ne le Sto Iv af y le g rin Mi o R i n B ra n c e wo Mo e g Ca Ma SW ssw Ba H ar c ourt W ay Do l ge r Ca ny on ep on Wa te rs t W at er m y R il l R h e rt City Sphere of Influence Bo llin Parcels to be Annexe Map create 8/21/2012 by Contra Costa County Department of Conservation an Development, GIS Group 30 Muir Roa, Martinez, CA :59:41.791N 122:07:03.756W This map or ataset was create by the Contra Costa County Conservation an Development Department with ata from the Contra Costa County GIS Program. Some base ata, primarily City Limits, is erive from the CA State Boar of Equalization's tax rate areas. While obligate to use this ata the County assumes no responsibility for its accuracy. This map contains copyrighte information an may not be altere. It may be reprouce in its current state if the source is cite. Users of this map agree to rea an accept the County of Contra Costa isclaimer of liability for geographic information Feet 1,000 R ug City Bounaries

10 RESOLUTION NO RESOLUTION OF THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND APPROVING DOUGHERTY VALLEY REORGANIZATION #15: ANNEXATION TO CITY OF SAN RAMON AND CORRESPONDING DETACHMENT FROM COUNTY SERVICE AREA P-6 WHEREAS, a proposal to annex territory within the Dougherty Valley to the City of San Ramon was file with Executive Officer of the Contra Costa Local Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act (Government Coe section et seq.); an WHEREAS, the Executive Officer has examine the application an execute her certification in accorance with law, etermining an certifying that the filing is sufficient; an WHEREAS, at the time an in the manner require by law the Executive Officer has given notice of the Commission s consieration of the proposal; an WHEREAS, the Executive Officer has reviewe available information an prepare a report incluing her recommenations therein, an the report an relate information have been presente to an consiere by the Commission; an WHEREAS, the Commission hear, iscusse an consiere all oral an written testimony relate to the proposal incluing, but not limite to, the Executive Officer's report an recommenation, the environmental ocument or etermination, consistency with the sphere of influence, contiguity with the City bounary, an relate factors an information incluing those containe in Government Coe section 56668; an WHEREAS, at a public hearing on October 31, 2012, the Commission amene the City s proposal to inclue the concurrent etachment of the subject property from County Service Area (CSA) P-6; an WHEREAS, the annexing agency has consente to waiving the conucting authority proceeings; an WHEREAS, the Local Agency Formation Commission fins the proposal to be in the best interest of the affecte area an the total organization of local governmental agencies within Contra Costa County. NOW, THEREFORE, the Contra Costa Local Agency Formation Commission DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: 1. The Commission certifies it reviewe an consiere the information containe in the Environmental Impact Reports an relate environmental ocumentation as prepare an certifie by the County of Contra Costa (lea agency) as ientifie in the LAFCO staff report, an aopts the County s Finings of Fact an Statement of Overriing Consierations. 2. Sai reorganization is hereby approve.

11 Contra Costa LAFCO Resolution No The subject proposal is assigne the istinctive short-form esignation: DOUGHERTY VALLEY REORGANIZATION #15: ANNEXATION TO THE CITY OF SAN RAMON AND CORRESPONDING DETACHMENT FROM CSA P-6 4. Sai territory is foun to be inhabite. 5. The proposal has less than 100% lanowner/registere voter consent; however, no affecte lanowners/registere voters oppose the annexation, an the annexing agency has given written consent to the waiver of conucting authority proceeings. Sai conucting authority proceeings are hereby waive. 6. The bounaries of the affecte territory are foun to be efinite an certain as approve an set forth in Attachment 1, attache hereto an mae a part hereof. 7. The subject territory shall be liable for any existing bone inebteness of the annexing agencies, if applicable. 8. The subject territory shall be liable for any authorize or existing taxes, charges, an assessments comparable to properties within the annexing agencies. 9. That the City elivere an execute inemnification agreement proviing for the City to inemnify LAFCO against any expenses arising from any legal actions challenging the reorganization. 10. All subsequent proceeings in connection with this reorganization shall be conucte only in compliance with the approve bounaries set forth in the attachments an any terms an conitions specifie in this resolution. * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED THIS 31 st ay of OCTOBER 2012, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: DON TATZIN, CHAIR, CONTRA COSTA LAFCO ATTEST: I hereby certify that this is a correct copy of a resolution passe an aopte by this Commission on the ate state above. Date: October 31, 2012 Lou Ann Texeira, Executive Officer