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HomeMy WebLinkAbout037-90i,BBOX,1J~XON IlO. 37-g0 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVIT.T.~. RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND GENERAL PLAN AMENDMEN~ (GPA 89-3) FOR THE LAWRENCE/LEEMA ROAD AREA WHEREAS, At the' request of the affected property owners, the Town of Danville is initiating annexation of the 197 acre area known as the Lawrence/Leema Road area; and WHEREAS, State law allows for the general plan designation and prezoning of properties outside of city limits; and WHEREAS, it is necessary to general plan for, and prezone property prior to annexation so that it carries appropriate designations upon its annexation into the Town; and WHEREAS, the subject area is located at the southwest corner of Lawrence Road, approximately 1/2 mile east of the intersection of Camino Tassajara and Crow Canyon Road (APN: 206-020-047, 048, 049, 051, 052, 053, 054, 055, 060, 061, 064, 065, 066, 067, 068, 069 & 070, 206-131-001, 002 & 003, 206-132-001, 002, 003, 004, 005, 006, 007, 008, 009, & 010, 206-210-005~ 006, 007, 008, 009, 010, 011 and 012); and WHEREAS, the Town of Danville has requested approval to designate the area as "Rural Residential" (1 unit per 5 acres) under the Danville 2005 General Plan; and WHEREAS, proper notice of this request was given in all respects as required by law; and WHEREAS, the Planning Commission did review the project at a duly noticed public hearing on January 23, 1990; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and WHEREAS, the Planning Commission approved Resolution No. 90- 3 on January 23, 1990, recommending adoption of a mitigated negative declaration of environmental significance and approval of RZ 89-5 and GPA 89-3 to the Danville Town Council; and WHEREAS, the Town Council did review the project at a duly noticed public hearing on February 20, 1990; and Page I of Resolution No. 37-90 WHEI~EAS, the Town Council did hear and consider all reports,' recommendations and testimony submitted in writing and presented at the hearing; and NOW, THEREFORE, BE IT RESOLVED THAT the' Town Council of the Town of Danville hereby adopts the Mitigated Negative Declaration of Environmental Significance and approves GPA 89-3, and makes the following findings in support of this action: GPA 89-3 The proposed project is consistent with the Comprehensive General Plan Goals contained in the Danville 2005 General Plan. The proposed project is consistent with the goals and policies for Urban Development contained in the Danville 2005 General Plan. CEQA The Negative Declaration prepared, fully and adequately addresses potential impacts associated with this action, satisfying the requirements of CEQA. On the basis of the'Initial Study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment PASSED, APPROVEDAND ADOPTEDTHIS 20TH DAY OF FEBRUARY, 1990 BY THE FOLLOWING VOTE: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF NOES: SHIMANSKY ABSTAIN:NONE ABSENT: NONE ATTEST: CI A ORNEY MAYOR Page 2 of Resolution No. 37-90 aJcz34 .~/ ENERGYLII _, C. pRPORAT VISTA TASSA~ARA STANDARD PACIFIC 133 AC. Jol DU-IFR · lY AF~ A TO ~ De.,5 /dil,/A TBb- ~~--~ "/{'I)P, AL ,e,~ ~ ID~'N I7A/- " __,- 2o85 G~de~ PLA4q' { · ~.o ....... T' '.' - .- . ,- .. ;..- . / a=:~'T'Z-'-, ,'~" -' i I I 4 GPA 89-3 EXH 3'T 3 I~IZTI~n~.TED ~TIVE DECI. AI~TION e Applicant: Town of Danvilla Address and Phone Number= 510 La Gonda Way Danvilla, California (4z5) s2o-lo8o Date of Initial Study: December 12, 1989 94526 AgencV Requiring Initial Study: 5. Name of Proposal: Local Agency Formation Commission Lawrence/Leema Road Sphere of Influence Amendment and Annexation to the Town of Danville 6. Description of Proposal: The Project includes the addition of 345 acres of rural residential land located directly adjacent to the existing Town limit east of the Vista TassaJara subdivision to the Townes sphere of influence. In addition, 186 of the 345 acres would be annexed to the Town. The annexation is pro- posed because of serious groundwater deficiencies in the area. EBMUD, the public water purveyor in the area, will consider annexation if the area is a part of the Town of Danville. Findings On the basis of this Initial Study the Town of Danvilla has found that the proposed project will not have a significant effect on the environment, a finding made on the basis of: the lack of any significant change in land use resulting from the action; previous environmental review (EIRes) con- ducted in the general vicinity of the Project; and, mitiga- tions implemented in the area that will apply to the Pro- JectArea. 8. Mitiaation Measures Mitigation measures to be applied to the Project are described in the accompanying Initial Study and Environmen- tal Assessment (attached) EXHIBIT B FINDINGS FOR RZ 89-5 The proposed prezoning is consistent with the Danville 2005 General Plan. The area constitutes rural residential development of sustained desirability, which is in character with the surrounding environment and community. 9. Mitiaation Monitorina and Reportina CEQA requires monitoring of mitigation measures recommended in an EIR (AB 3180). In accordance with this provision, the Agency will require the Town of Danville to provide annual reports indicating the progress toward satisfac- torily completing the mitigation measures set forth herein. ~Rt'r~AL STUDY AND ENVIROISIENTAL ASSESSMENT Lawrence/Leema Road Sphere of Influence/Annexation Proposal Prepared by: Danville Department of Planning and Transportation December 1989 Environmental Assessment December 12, 1989 INTRODUCTION The California Environmental Quality Act (CEQA) recommends the use of an Initial Study to determine if a proposed project may have adverse environmental affect. (Sac. 15063). The Initial Study enables the lead agency to determine potential environ- mental impacts and, where possible, alter a project or include mitigation measures such that potential impacts are avoided. The Initial Study should lead to a definite conclusion regard- ing what level of additional environmental review is required. The options include: o Negative Declaration (No significant impacts or impacts mitigated by project design and/or components) o Mitigated Negative Declaration (Potential significant impacts fully mitigated by conditions applied to the proposed project) o Preparation of an EIR (Requires project scoping, issuance of Notice of Preparation, preparation of a Draft BIR, responses to comments, and preparation of a Final EIR) This Document contains an Initial Study conducted for the Lawrence/Leema Road Sphere of Influence Amendment and Annexa- tion to the Town of Danvilla, an assessment of potential impacts, and mitigation measures associated with these impacts. 1 PRO,,TECT DESC~PTION Environmental Assessment December 12, 1989 The Proposed Project is a sphere of influence amendment and annexation. The sphere of influence amendment includes 345 acres of land located adjacent to, and east of the present Town limit, at the gateway to the TassaJara Valley. The area encompasses land on the west and east sides of lawrence Road and includes 72 small parcels of land which range in size from i to 17 acres. The annexation includes 186 of the total 345 acres. The annexation area is located on the west side of lawrence Road and includes a total of 33 separate parcels. The lawrence/leema Road Area is a rural residential area that developed over the years under the Jurisdiction of Contra Costa County. In 1986, annexations occurred to the Town of Danvilla that placed the Town Limit directly adjacent to the Area. The area has long suffered from groundwater deficiencies which, due to recent drought conditions, have become critical. During 1989 landowners in the Area petitioned the Town of Danvilla to be annexed. Such an annexation, as proposed'by the landowners, would lead to a favorable consideration from EBMUD, the public water purveyor, for concurrent annexation. EBMUD has limited annexations in the area due to limitations on its overall water supply. In response t~ the landowner petition, the Town of Danvilla has taken the actions necessary to pursue the annexation. These steps have included preparing an application to the Local Agency Formation Commission foran amendment to the Town of Danville's sphere of influence and annexation of the area on the west side of lawrence Road to the Town. The Town of Dan- villa also, through actions of the Planning Commission and Town Council, prezoned the Area to A-2, and designated the Area "Rural Residential", the Town's General Plan category that is consistent with the existing land use and density in the Area. SPHERE OF INFLUENCE AMEMDMENT' 4il- A M_Me' Environmental Assessment December 12, 1989 ENVIRONMENTAL ASSESSMENT The following Environmental Assessment includes those items identified in the CEQA guidelines that should be considered in an environmental review of a project. Those items that are checked "Yes" or "Maybe" are discussed more fully in the subsequent section of the Initial Study. I. Environmental Impacts Yes Maybe 1. Earth. Will the proposal result a. Unstable earth conditions or in changes in geologic substructures? be Disruptions, displacements, compaction or over-covering of the soil? Change in topography or ground surface relief features? The destruction, covering or modification of any unique geologic or physical features? ee Any increase in wind or water erosion of soils, either on or off the site? fe Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ge Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? No Air. Will the proposal result a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 3 Environmental Assessment December 12, 1989 3. Water. Will the proposal result in: ae Changes in currents, or the course of direction of water movements, in either marine or fresh waters? Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations to the course or flow of flood waters? de Change in the amount of surface water in any water body? ee Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? fe Alteration of the direction or rate of flow of ground waters? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding or tidal waves? Yes Maybe No X 4. Plant Life. Will the proposal result in: ae Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare or endangered species of plants? 4 Environmental Assessment December 12, 1989 Ce Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result in: ee Change in diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell- fish, benthic organisms and insects)? Reduction in the numbers of any unique, rare or endangered species of animals? Ce Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? Deterioration to existing fish or wildlife habitat? yes ~aybe No x Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? X Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources, Will the proposal result in: a. Increase inthe rate of use of any natural resources? 5 Environmental Assessment December 12, 1989 10. Risk of Upset· Will the proposal involve: ae A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? Possible interference with an emergency response plan or an emergency evacuation plan? Yes MaVbe No X Population. Will the proposal alter the location, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing, or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X Environmental Assessment December 12, 1989 Yes Maybe No Public Services. Will the proposal have an effect upon, or result in a need for new or altered gov- ernmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? . Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? X Utilities. Will the proposal result in a need for new systems, or substantial alterations to sewer, water, or power utilities? Will the proposal result Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 7 Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Environmental Assessment December 12, 1989 Yes Maybe No Cultural Resources. ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b.. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? de Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? Will the proposal restrict existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. ae Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future? de Environmental Assessment December 12, 1989 ~es Maybe N__o Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 9 Environmental Assessment December 12, 1989 DISCUSSION OF POTENTIAL EHVIROHMENTALEFFECTS The following discussion addresses those items marked WMaybe" or 'Yes" in the Environmental Assessment Checklist. Water (Groundwater) Setting Residents in the area depend entirely upon groundwater for domestic water supply. Recent drought conditions have limited groundwater supplies, with a number of wells going dry and others producing inadequate amounts of water. Tmpact Analysis The Project would make possible annexation to the EBMUD, and con- nection to public water supplies. This would reduce local demands upon groundwater and allow groundwater levels to return to natural levels. Mitiqation Measures None Required. The Project could result in an improvement 'in groundwater levels. land Use Setting The Project includes both an amendment to the present sphere of influence and annexation. The sphere amendment encompasses 72 parcels and a total of 345 acres. The annexation includes 33 parcels and 186 of the total 345 acres. Approximately two-thirds of the area is developed in rural residential use. The landscape is characterized by gently rolling grass-covered hillsides, with average cross-slopes ranging from 0 to 40 percent. Approximately 60 percent of the area has very little topographic relief and is virtually flat. TmpactAnalvsis The Project, which will bring the Area under the Town of Dan- villa, could result in future applications for changes in the General Plan Land Use categories and related Zoning Ordinance District. Development patterns in the vicinity of the project have been radically transformed over the past five years, going from a rural residential/agricultural area to an intensive sub- urban density residential and commercial area. 10 Environmental Assessment December 12, 1989 For example, if the Project Area was re-designated "County Estate" under the Danvilla General Plan (one residential unit per acre), it is theoretically possible that land divisions could result in an additional 300 residential lots being developed. Mitigation Measures The Town of Danvilla has prezoned the Project Area for Rural Residential. Any change of land use density would require a Gen- eral Plan Amendment and a Rezoning. These actions would required subsequent environmental review and, if appropriate, imposition of mitigation measures. Public Services Setting The Project Area is presently located in an unincorporated por- tion of Contra Costa County and is provided public services by the County and a number of special districts serving the area. The existing roads, Lawrence Road and Leema Road are presently sub-standard rural roads maintained by Contra Costa County. The Project Area would include approximately 1.5 miles of these roads. 7mpactAnalVsis Annexation of the Project Area to the Town of Danvilla would create increased service demands for the full range of municipal services provided by the Town including police protection, road maintenance, drainage maintenance, parks and recreation services, planning and building inspection services, and general govern- ment. The small size of the Project Area, its proximity to the existing Town Limit, and the fact that residents presently use Danvilla services (e.g. parks and recreation) will limit public service impacts on the Town. The additional road and drainage maintenance costs will be the most significant incremental cost to the Town. The current pave- ment management program has an average cost (on a sinking fund basis) of approximately ~2,600 per road mile per year. Thus, the Proposed Project, which will add approximately 1.5 miles of road, will increase the Townts pavement management program cost by $3,900 annually. 11 Environmental Assessment December 12, 1989 Drainage maintenance cost will include maintaining the existing roadside ditches and drainage facilities. Property taxes and per capita subventions will help offset these costs. However, the Proposed Project could result in costs to the Town which exceed new revenues. Nitigation Measures The Project Area, when annexed to the Town, will be included in the Lighting and landscape Maintenance District. Any costs for street lighting and drainage maintenance can be passed to the property owners in the form of a benefit assessment. The Town should require formation of a special assessment dis- trict to fund any road improvements required in the Project Area. Such an assessment district could require assessments of approxi- mately $20,000 per parcel if road reconstruction is. required. Alternatively, the Town Council could place ~he entire Town into a benefit assessment district for road maintenance. Recent changes to State law (SB 975, 1989, which amended Section 54703 of the Government Code) permits the levy of a benefit assessment for road maintenance. The Town-wide pavement management program could be funded by this benefit assessment. The cost of small scale reconstruction projects, such as required for lawrence and Leema Roads, could be included in the benefit assessment. ~tilities Setting The Project Area is presently served by private wells and septic systems. The Area is not presently within EBMUD, which provides domestic water, nor An the Central Contra Costa County Sanitation District (CCCSD). Tmpact Analysis The Annexation to the Town of Danvilla will be concurrently pro- cessed with an annexation application to EBMUD. No plans exist to annex the Area to CCCSD. Annexation to EBMUD will cause an increase in water demand. At typical domestic water consumption rates, an additional 25 acre feet (approximately 9 million gal- lons) annually will be required from EBMUD's supplies. 12 Environmental Assessment December 12, 1989 Miti~ation Measures EBMUD has developed significant infrastructure in the Sycamore Valley area Just west of the Project Area. Extension of water mains will be relatively easy and within the overall service capacity of the water delivery infrastructure which is in place. Residential units connecting to EBMUD~s system will be required to pay connection charges that will offset costs for overall facility improvement costs in addition to the incremental water mains and laterals that will be required. Mandatory Findings of Significance The Proposed Project is a sphere of influence amendment and annexation which would add 345 acres to the Town~s present sphere of influence and 186 acres to the Town limits. The area is presently developed with 46 rural residential units. Since no land use changes are involved in the Proposed Project, no direct significant environmental impacts are anticipated that cannot be mitigated as discussed above. Regarding cumulative effects, it is possible that at some future date the Proposed'Project, which will result in the area becoming a part of the Town of Danville and the Town~s sphere of influence, will induce one or more applications for General Plan Amendments and Rezonings to the Town of Danville. Approval of such applications by the Town could significantly increase residential densities in the Area. For example, the theoretical maximum number of units under the next most intensive land use category "County Estate", could result in an additional 299 units in the Area (345 acres times one unit per acre minus 46 existing residences). However, the existing access, parcel pat- terns, and the unlikelihood of full participation by all property owners in such General Plan Amendments/Rezonings make such a large number of units unlikely. Any such applications will require additional environmental review. 13 Environmental Assessment December 12, 1989 On the basis of this Initial Study and Environmental Assessment, the Town of Danvilla has found that the Proposed Sphere of Influence Amendment and Annexation of the Lawrence/Leema Road Area will not have a significant effect on the environment due to the lack of significant impacts and the mitigation measures pro- posed which address potential impacts. Mitigation measures adopted by the Town of Danvilla as a part of previous environmental review in the vicinity of the Proposed Project, in addition to mitigation measures that will be incorporated into Proposed Project, will assure full mitigation of potential site specific and cumulative impacts. A Negative Declaration will be prepared. Date: Signed: Joe Calabrigo Director of Planning and Transportation Town of Danvilla 14 EXH"3'T E 'SPHERE OF INFLUENCE AND aNNEXATION REPORT FOR THE LaWRENCE/LEEMA ROAD AREA Prepared for the Contra Costa County Local Agency Formation Commission Prepared by the Town of Danville December 1989 elMIll O~ O01~ITBNTS INTRODUCTION 1 DESCRIPTION OF THE LAWRENCE/LEEMA ROAD AREA 1 NATURE OF THE PROPOSED SPHERE OF INFLUENCE AMENDMENT AND ANNEXATION 2 CONFORMANCE WITH ANNEXATION POLICIES 3 PUBLIC SERVICES PLAN 6 ENVIRONMENTAL REVIEW 10 PROPERTY TAX SHARING AGREEMENT 10 APPENDICES 11 ZNTRODU~ZON The Danville Town Council has adopted Resolution No. 38-90 (Appendix A attached), a resolution of application for sphere of influence amendment and annexation of property to the Town of Danville. The sphere of influence area includes 356 acres of land located along the west and east sides of Lawrence Road (known as the Lawrence/Laema Road area). The annexation includes the 197 acres of land located along the west side of Lawrence Road. It is anticipated that the Town may request annexation of the remaining 159 acres on the east side of Lawrence Road as a subsequent action. The resolution was adopted following receipt of a letter and petition signed by over 90% of the property owners in the area proposed to be annexed (Appendix F attached). In this letter, property owners requested that the Town Council take all necessary actions to initiate the annexation process. DESCRIPTION OF THE L~WRENCE/LEEMA ROAD AREA Existing Land Uses The.Lawrence/Leema Road area is predominantly in developed rural residential use. A total of 72 separate parcels presently exist, within the proposed S.O.I. area, approximately 26 of which remain vacant. Of the parcels which are developed, several have barns or other accessory structures for purposes of keeping horses or other livestock. Four of the parcels along Leema Road are occupied by the Blackhawk Equestrian Center which boards horses. Access to the area is via a network of underimproved rural roads including Lawrence Road, Leema Road, CuletLane, Casolyn Ranch Road and Hayes Ranch Road. Current Land Use Policy The S.O.I. and annexation area is presently designated for agricultural use in the Countyts General Plan and zoned A-2 (five acre minimum parcel size). Future Land Use Policy Contra Costa County, in its general plan update to be adopted in 1990, continues to designate the S.O.I. and annexation area for agricultural use and maintains the existing rural residential densities. Several of the land use alternatives being considered by the County (as well as the Dougherty Valley Specific Plan being prepared by the City of San Ramon) call for a significant amount of development Just south of the S.O.I. and annexation area on the Windemere and Gale Ranch properties. 1 SPHERE OF INFLUENCE AMEMDMENT The Town of Danville, in a separate action, has pre-zoned the 197 acre annexation area "A-2" and designated it for "Rural Residential" use under the Townts general plan, which permits a density of i unit per 5 acres (Appendix B attached). This is a continuation of the current land use policy established by Contra Costa County. The S.O.I. and annexation area is seen as a rural transitional zone between the commercial and suburban uses which are developing around the intersection of Camino TassaJara and Crow Canyon Road to the west, and the agricultural uses to the east. B~TURE aND PURPOSE OF THE PROPOSED BPHERE OF ZNFLUENCE aMENDMENTS aND aNNEXATION Amendment of the Townts present sphere of influence, and annexation of the Lawrence/Leema Road Area to the Town of Danville is being proposed because the adopted policies of the Town indicate that the annexation is timely and that the public service requirements of the residents of the area make such an annexation beneficial to the residents and to Danville. The Town works with other governmental jurisdictions and with property owners within Danville~s Sphere of Influence and adjoining areas to assure that new development, when it occurs, will provide for transportation, parks, recreation, open space, public safety, school, utilities, and other needed public services and facilities in ways which contribute to and do not detract from the existing community of Danville. Of significant concern to both the Town of Danville and residents of the area is the future use of lawrence Road, given the development potential of the adjacent Dougherty Valley. Because lawrence Road could potentially have a significant impact upon traffic volumes and resultant levels of service within Danville, the annexation of this segment of the road to Danville is a logical and orderly action. Because new development adjacent to Danrills could result in adverse and/or beneficial impacts upon the social, physical, and economic conditions within the existing community, it is the policy of the Town to: o Provide cost-effective municipal services to developed or developing areas on the periphery of the Town. Evaluate the cost/revenue implications of all proposed development projects within the Town~s Sphere of Influence. o Actively discourage proposed developments which will not likely contribute to the overall well-being of the community. Actively encourage, through annexation, the full participation of developing properties in the cost of providing basic public services. The scale of development proposed in the Dougherty Road General Plan Amendment, the adopted policies of LAFCO, preliminary discussions with the property owners, and a public facility and cost/revenue analysis conducted by the Town staff all suggest that annexation of the Lawrence/Leema Road Area should occur. CONFORMANCE WITH aNNEXATION POLICIES Knox-Cortese Local Government Reorganization Act of 1985 includes a set 'of 9 factors that should be considered in review of an annexation proposal (Government Code Section 56841). These factors are addressed below. Population, Physiographic, Fiscal, and Growth Issues The S.O.I and annexation area presently contains 46 rural residential units, with an estimated population of 138. The area to be annexed includes 23 existing ruralresidential units with an estimated population of 69. The S.O.I. and annexation area is located just east of the Sycamore Valley, in the upper reaches of the Alamo Creek watershed. The Area is characterized by the rolling hills and small valleys typical of the Sycamore Valley and Tassajara Hills areas. Elevations in the general area range from approximately 1,000 feet above sea level on the hilltops to the valley floors at approximately 500 feet above sea level. Cross slopes range from 0 to 40 percent, with much of the steeper areas being located on the west side of Lawrence Road. These areas are subject to landsliding and instability. Approximately 25 percent of the general area exceeds 15 percent slopes. The Sycamore Valley and Crow Canyon corridor areas,. which begin just to the west of the S.O.I. and annexation area have been planned for urban development over the past ten years. Projects under construction in the immediate vicinity include the Magee Ranch, Tassajara Ranch, Vista Tassajara and Meridian Hills developments in Danville, the Blackhawk Ranch, Bettencourt Ranch and Shadow Creek developments in the unincorporated County, and the Westbranch development in the City of San Ramon. These areas are expected to be fully built-out over the next five years. Mood for Public Services Since the S,O.I. and annexation area is a rural, unincorporated area, presently beyond the boundaries of the major utility districts, it does not have public water or sewer service. The density of development, although relatively low, has made a 3 continued reliance upon wells and septic systems unacceptable. Problems exist with both the availability and quality of groundwater for domestic consumption, especially during periods of below average rainfall. The existing conditions pose health and safety problems because of the inadequacy of the water supply to deal with wildland or structure fires. By providing public water (through concurrent annexation to the East May Municipal Utility District) this problem can be alleviated. =The proximity of the S.O.I. and annexation area to developing portions of Danville creates an opportunity for greatly improved police protection. In addition, it is located within one mile of two major Danville community parks which are currently being developed. Economic and Social Effects The Lawrence/Leema Road Area is being recommended for S.O.I. amendment and annexation partly because of its potential economic and social connections to the Town of Danville. Specific factors considered by the Town and LAFCO in establishing the Town~s original Sphere of Influence included: Common History and Demographic Characteristics. The Lawrence Road Area shares a common history with Danrills - emphasizing rural amenities and lifestyle. Further development which may occur will attract a population very similar to the existing population of Danville, and the adjacent Sycamore Valley and Crow Canyon corridor areas in particular. Demand for Public Services and Commercial Services. Because of the direct link to central Danville via Camino Tassajara, .people living in the annexation area will orient towards Danville for commercial, public, and cultural services. Because residents will utilize public facilities and services provided by Danville, they should participate in the financial support of these services and facilities. o Continuity of Land Forms and Geology. Denville desires control of "viewshed areas" for protection of visual quality and scenic beauty in the community. The Lawrence Road Area is within the Town~s v~ewshed area as a logical extension of adjacent development along Camino TassaJara. Conformit= with LAFCO policies & Existing Spheres of Influenoe On November 14, 1984, LAFCO adopted a Sphere of Influence for the Town of Danville, which included special guidelines for annexation within the sphere area. 4 These guidelines established three categories of unincorporated land within the Sphere of Influence including: o Category A -- o Category B -- o Category C -- Areas Previously Fully Planned for Urban Development. Urban Development Areas. Areas Not Presently Designated for Urban Development. The annexation area by strict interpretation of these definitions falls in Category C -- outside of utility service areas, but, at the time the Sphere of Influence was adopted, no development had been approved in the immediate area. Subsequently, residential subdivisions have been approved adjacent to the annexation area on the north and west sides. In addition, the Dougherty Valley Specific Plan, currently under preparation by the City of San Ramon is considering the development of properties immediately adjacent, and to the south of the S.O.I. and annexation area. Effect upon Agricultural Lands The annexation area is not in commercial agricultural use and accordingly the Sphere of Influence amendment and annexation will not have any impact upon agriculture. Rationality of Boundaries The S.O.I. and annexation area lies just east of the existing Town limits, and is a logical extension of the Town~s Sphere of Influence and Municipal Boundary. Appendix A shows the annexation area in relation to the existing Town limits, the existing Sphere of Influence Boundary, and other development projects proposed in the general vicinity. Appendix E presents meets and bounds of the annexation area. Consistency with Local Government Planning Policies The Lawrence/Leema Road Area is presently designated in the Countyes San Ramon Valley Area General Plan for rural residential use. As previously stated, the annexation area will be prezoned by the Town tothe zoning designation most appropriate to carry out the existing land use pattern. ConsistencTwith Adopted Sphere of Influence The Lawrence/Leema Road Area is adjacent to the Town's existing Sphere of Influence boundary which was adopted by LAFCO in 1984. PUBLIC 8BRVICBB PLM~ Danville has a strong commitment to the legislative intent of the Cortese Knox Local Government Reorganization Act of 1985, as well as Contra Costa County LAFCO policies which emphasize public service aspects of proposed annexations. A principal reason for the success of the incorporation of Danville was the desire on the part of the community to improve public services. The commitment to a high level of public service, including those provided directly by the Town, those provided under contract, and those provided by other jurisdictions, is an integral part of Town government. The following section presents a Public Services Plan for the Lawrence/Leema Road area. Overview of Public Services in Danville The Town of Danville provides municipal services to the Town in conjunction with the regional special districts serving the San Ramon Valley area. Figure I shows the agencies currently providing public services within the Town. Key Public Service Issues Need to Improve Utility (Water) Services The annexation area will remain a rural residential area but existing deficiencies require public water service. Concurrent annexation of the area to the Town and to EBMUD will greatly enhance domestic water service and will also improve the quality and availability of other services available to residents of the annexation area through the Town of Danville. Opportunitv to Provide Cost-Effective Municipal Service Because of the location of the annexation area, the impact of providing services will fall upon Danville, regardless of whether development occurs within the Town or under County Jurisdiction. However, under County Jurisdiction the Town will not receive the public revenues needed to offset the cost of services provided. Municipal services, particularly police protection will improve following annexation. Figure 1 Municipal Sotvies Provitiate Zor the Town oZ Dznville Fire Protection Legislative and Administrative Library Parks and Recreation Planning and Zoning Administration San Ramon Valley Fire Protection District Town of Danville Department of Administrative Services Contra Costa County Library System (Danvilla Branch) Town of Danvilla Department of Administrative Services Town of Danville Department of Planning and Transportation Police Protection Public Works Town of Danville Police Department (provided through contract with Contra Costa County Sheriffis Department) Town of Danvilla Department of Development Services Sewage Treatment Street and Drainage Maintenance & Street Lighting Water Service Central Contra Costa Sanitary District Town of Danville Department of Administrative Services East Bay Municipal Utilities District Proposed Municipal Service Providers Following annexation, the Lawrence/Leema Road Area would be provided municipal services by the same agencies and Jurisdictions that provide municipal services to Danvilla (see Figure 1). The following section discusses each major service in detail. Fire Protection Fire protection for the annexation area will be provided by the San Ramon Valley Fire Protection District. First response would 7 be from the Blackhawk station located on Blackhawk Road, approximately I mile west of the annexation area. A second station is located on San Ramon Valley Blvd. in Danville, approximately 4 miles to the west. The district currently maintains'an ISO 4 service standard. Legislative and administration The Town of Danville will assume responsibility for the legislative and administrative services to the annexation area. Librax'~ Library service will be provided by the Contra Costa County Library System, which has a branch in Danville. The Town, in cooperation with Contra Costa County, will be constructing a new library as part of its Downtown Redevelopment Project. The new facility will be approximately 20,000 s.f. in size and will be located on Front St. in downtown Danville, replacing the existing 7000 s.f. facility located on South Hartz Ave. Construction of the new facility is scheduled to begin in mid 1990. Parks and Recreation Parks and Recreation will be provided by the TOWn of Danville's Department of Administrative Services. Based upon the Town's service standard of 5 acres of community park per 1,000 residents, the annexation area will require approximately .6 acres of "active" recreation community parkland. A total of 60 acres of community :park land is being developed on two nearby sites. The Town will develop, maintain, and provide recreation services at these park sites. Planning and Zoning Administration The Town of Danville Department of Planning and Transportation will assume responsibility for planning and zoning of the Lawrence/Leema Road Area. This includes providing design review for new facilities and buildings to be developed in the area. Police Protection The Town of Danrills Police Department will assume responsibility for providing police protection to the annexation area. Currently, police services in Danville are provided by contract with the Contra Costa County Sheriff's Department. The Town maintains a staff of 27 people, including 23 sworn officers. The Town is currently divided into three beats. The third beat serves the Sycamore Valley and Crow Canyon corridor areas. The Lawrence/Leema Road Area would be a part of the Sycamore Valley beat. 0 Public Works, Design Review, and Building Inspection The Town of Danville Department of Development Services will assume responsibility for plan review and inspection of public facilities (not including those provided by the Special Districts), and Building Inspection services in the annexation area. Construction and maintenance of major road improvements will be provided through private financing or formation of an assessment district. Sewage Treatment and Disposal Presently, there are no plans to annex the Lawrence/Leema Road area to the Central Contra Costa SanitaryDistrict which provides sewage collection, treatment, and disposal for much of the Town. The annexation area is currently served with individual septic systems which have functioned well over the years. Since no substantial increase in land use densities are anticipated, the present septic systems will remain adequate. Street and Drainage Maintenance In addition to the major effort required to regulate development as it occurs, the Townts public works division would assume responsibility for public street maintenance. Contra Costa County Flood Control District will continue to be responsible for maintenance of public maintenance facilities. Street Lighting No street lighting presently exists within the area, and the addition of same is not envisioned within the foreseeable future. Any street lighting which might be installed in the area would be maintained by the Town through an existing Town-wide 1972 Act Landscape and Lighting Maintenance District. Water Servioe The East Bay Municipal Utility District has indicated that it will consider a concurrent annexation of the Lawrence/Leema Road area to provide for water service. As a part of its overall planning for the Sycamore Valley Area, the EBMUD has sized its treatment, transmission, and storage facilities to meet the needs of the annexation area. However, annexations to the District, particularly those serving vast new areas for urban development have been discouraged by current EBMUD policy in light of recent drought conditions and the Districtts overall water supply and service commitments. 9 Cost/Revenue analysis The Lawrence/Leema Road area would not create a significant fiscal effect upon Danville, both because of the relatively small size of the area and the lack of significant future development potential. =NVIRONMENTaL REVIEW Proposed Action The Proposed Action is an amendment and addition of 356 acres to the Town of Danvillets Sphere of Influence and concurrent Annexation of a 197 acre area located on the eastern boundary of the Town approximately 1/2 mile east of the Camino Tassajara/Crow Canyon Road intersection. (See discussion of "Current land Use Policy" on page 2). Summary of Potential Environmental Xmpacts An Initial Study of the Proposed Action was completed (seeAppendix C). Potential impacts identified in the Initial Study were subjected to subsequent analysis and mitigation. Environmental effects of development in the general area of the Area have been studied in a number of recent EIR's including: o Danville General Plan o Dougherty Road Area GPA o Camino TasSajara GPA Detezmination Requested A negative declaration for the Proposed Action should be adopted, subject to the mitigations attached to the Initial Study. PROPERTY TAX SHARING AQREEMENT The Knox-Cortese Local Government Reorganization Act of 1985 (Section 56842) requires that a "master property tax agreement" between the County and the Town (in accordance with Revenue and Taxation Code Sections 99 and 99.1) be in place prior to final action on the proposed annexation by IAFCO. The master property tax agreement provides therules by which the Countyts property tax increment factor, and the resulting annual property tax revenue will be split between the County~s General Fund and the Town of Danville following annexation. The Town of Danville and Contra Costa County have negotiated a mutually satisfactory master property tax sharing agreement. (Appendix G attached) 10 APPENDICES APPENDIX A RESOLUTION OF APPLICATION FOR SPHERE OF INFLUENCE AMENDMENT AND ANNEXATION APPENDIX B RESOLUTION DESIGNATING THE ANNEXATION AREA AND "RURAL RESIDENTIAL"/ORDINANCE PREZONING THE AREA TO A-2 APPENDIX C INITIAL STUDY/SUMMARY OF ENVIRONMENTAL IMPACTS APPENDIX D NEGATIVE DECLARATION APPENDIX E LEGAL DESCRIPTION APPENDIX F RESIDENTS LETTER REQUESTING ANNEXATION APPENDIX G EXECUTED PROPERTY TAX SHARING AGREEMENT BETWEEN CONTRA COSTA COUNTY ANDTHE TOWN OF DANVILLE 11 NOTE: ALL aPPENDICES TO BE ADDED UPON SUBMITTAL OF APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION