HomeMy WebLinkAbout6.09 Req Annex Schaefer Ranch, Anne 7
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CITY CLERK
File # D~[2][Q]-[2J[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 20, 1999
SUBJECT:
Public Hearing: P A 96-037 Ordinance requesting consent of Board of Supervisors
and the Zone 7 Board to annex Schaefer Ranch to Zone 7 for water purposes only.
(Report prepared by: Dennis Carrington, Senior Planner/Zoning Administrator)
~
1) Location Map
2) Ordinance, including annexation diagram and legal description as Exhibit 1
to this attachment
3) September 20, 1996 and June 11, 1997 will-serve letters from Zone 7.
ATTACHMENTS:
RECOMMENDATION: 1)
2)
(\&'~3)
4)
Open public hearing
Receive staff presentation and public testimony
Close public hearing and deliberate
Waive reading, Introduce Ordinance and continue the public hearing until
May 4, 1999
.
FINANCIAL STATEMENT:
No impacts
DESCRIPTION:
A portion of Schaefer Ranch is currently within the service area of Zone 7 of the Alameda County Flood
Control and Water Conservation District (Zone 7) for water services. The balance of Schaefer Ranch must be
annexed to Zone 7 to facilitate water service. This type of annexation is regulated by the Water Code and is not
subject to the LAFCo process. California Water Code Appendix Section 55-37.3 regulates the process for a city
within Alameda County to receive consent from both the Zone 7 Board and the Board of Supervisors (District
Board) of the Alameda County Flood Control and Water Conservation District for annexation into an existing
Zone for water service. In the past, the Zone 7 Board has considered annexations before they are presented to
the District Board. The same procedure is used to receive consent to annex by both Boards. The City must
apply to both Boards for consent to annex the territory into a zone. The application must be in the form of an
ordinance adopted by a majority of the City Council, must describe the boundaries of the territory desired to be
annexed, and must contain a declaration that the area to be annexed to the zone will be benefited by such
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COPIES TO:
Vince Wong/Zone 7
Bert Michalczyk/DSRSD
Brian Washington/County Counsel
Jim Parsons
Robert Y ohai
Internal Distribution
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ITEM NO.
6.9
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annexation. Upon receipt ofa certified copy of the application the Board must fix a time and place for public .
hearing of the ordinance and give notice for two weeks with the notice period ending at least a week before the
hearing. If the Board determines that the annexation is in the best interests of the zone and the territory
proposed to be annexed, it may by resolution order that the boundaries of the zone be altered to include that
territory.
BACKGROUND:
EIR requirements for water sen'ice. The Schaefer Ranch EIR was certified by the City Council on July 9, 1996.
A mitigation measure of the EIR requires that a will-serve letter be submitted to the City from DSRSD for water
service prior to issuance of the final map approval.
Zone 7 will-sen'e letters. Zone 7 sent letters to the City on September 20, 1996. and June 1 I, 1997, stating that
the Zone 7 Board of Directors had approved providing water supply to the Schaefer Ranch project. As of the June
II, 1997 letter, it had not yet been determined whether Zone 7 would provide water service to DSRSD for
Schaefer Ranch by means of a special contract or by a Zone 7 boundary-line adjustment. The City was notified on
August 13. 1998; that Zone 7 had instead elected to have Schaefer Ranch annexed to Zone 7 for water service.
Once the procedure for providing water service via Zone 7 was determined, Staff drafted the ordinance and
circulated it for comments.
General Plan Amendment and PD Rezone. On July 9, 1996, the City Council approved an amendment to the
Dublin General Plan to apply the Estate Residential, Single Family Residential. Retail Office, Public/Semi Public, .
and Open Space land use designations to the Schaefer Ranch project. On that date, the City Council also adopted a
Planned Development Rezone to permit up to 474 single-family residences, a small commercial area and two
parks. As part of that action, the City Council applied the PD - Estate Residential, PD - Single Family, PD -
Commercial, PD - Semi-Public, PD - Open Space, and Interim Agriculture Zoning Districts to the Schaefer Ranch
project.
Annexation. On January 6, 1998, the City Council approved the annexation of the 500.28 acre Schaefer Ranch
project to the City.
Vesting Tentative Map. On August 11, 1998, the Planning Commission approved a Vesting Tentative Map for
466 single family homes, 6.59 acres of commercial uses and two parks for the Schaefer Ranch project.
Development Agreement. On December 1, 1998, the City Council approved the Development Agreement for
Schaefer Ranch.
ANALYSIS:
Approximately 168 acres of Schaefer Ranch are within Zone 7 and can receive water service. The remaining
332 acres of Schaefer Ranch must be annexed into Zone 7 if they are to receive water service. Zone 7 has
adequate capacity to serve the additional 332 acres and 466 dwelling of Schaefer Ranch.
Ordinance. A Draft Ordinance, (Attachment 2) has been prepared requesting consent from both the Board of
Supervisors ofthe Alameda County Flood Control and Water Conservation District (ACFC&\\lCD) and the
.
2
Zone 7 Board for annexation of 332 acres of Schaefer Ranch into Zone 7 for water services only. Note: Flood
.control services for Schaefer Ranch will be provided by Zone 2 of ACFC&WCD. The Ordinance describes the
. boundaries of the property to be annexed and declares that the area to be annexed to Zone 7 will be benefited by
having water service. The area to be annexed will establish the Zone 7 boundary at a location coterminous with
the Dublin City limit line. A total of 466 single-family dwellings would be within the area to be annexed. The
annexation will allO\v the Zone 7 Board of Directors to represent the future residences and permit the residents
to participate in Zone 7 elections. The homes in the annexed area will use an estimated 180 acre feet of potable
water on an annual basis. The impact on the potable water resources will be mitigated by a requirement that an
estimated 120 acre feet of recycled water be used within the annexed area.
Environmental Review. This project is within the Scope of the Schaefer Ranch Project/General Plan
Amendment, for which a Final Environmental Impact Report was certified (SCH No. 95033070) by the Dublin
City Council on July 9. 1996. Analysis of this project indicates that no new effects could occur and no new
mitigation measures would be required for the project that were not addressed in the EIR.
CONCLUSION:
The City Council's adoption of this Ordinance would initiate the annexation process of Schaefer Ranch into Zone
7 for water services. This step is necessary for water service to be provided for Schaefer Ranch.
RECOMMENDA TIO~:
.Staff recommends that the City Council open the public hearing, receive staff presentation and public testimony,
close the public hearing and deliberate, and waive reading, introduce the Ordinance and continue the public
hearing until May 4, 1999.
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d- 15 '1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
APPLYING TO THE BOARD OF SUPERVISORS OF THE ALAMEDA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE BOARD OF
DIRECTORS OF ZONE SEVEN OF THE ALAMEDA COUNTY FLOOD CONTROL AND \V A TER
CONSERVATION DISTRICT FOR CONSENT TO ANNEX TERRITORY \VITHIN THE CITY OF
DUBLIN TO ZONE SEVEN OF THE ALAMEDA COUNTY FLOOD CONTROL AND \VA TER
CONSERVATION DISTRICT FOR WATER SERVICES
.
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
"Section 1.
The City of Dublin does hereby apply to the Board of Supervisors of the Alameda County Flood Control and
Water Conservation District for consent to annex territory within the City of Dublin to Zone Seven of the
Alameda County Flood Control and Water Conservation District for water service and to the Board of Directors
of Zone Seven of the Alameda County Flood Control and Water Conservation District for consent to annex
territory within the City of Dublin to Zone Seven of the Alameda County Flood Control and Water
Conservation District for water services.
Section 2.
The boundaries of the property proposed to be annexed to Zone Seven of the Alameda County Flood Control .
and Water Conservation District (Zone 7) are described by the legal description and diagram attached hereto as
Exhibit 1.
Section 3.
It is hereby declared that the area to be annexed to Zone 7 will be benefited by such annexation by having water
service provided by Zone 7 through Dublin San Ramon Services District. The area to be annexed will establish
the Zone 7 boundary at a location coterminous with the Dublin City limit line. A total of 466 single-family
dwellings have been approved for the area to be annexed. The annexation will allow the Zone 7 Board of
Directors to represent the future residences and permit the residents to participate in Zone 7 elections.
The homes in the annexed area will use an estimated 180 acre feet of potable water on an annual basis. The
impact on the potable water resources will be mitigated by a requirement that an estimated 120 acre feet of
recycled water be used within the annexed area.
Section 4.
It is hereby declared that a Certified Copy of this Ordinance shall be mailed to:
1.
The Board of Supervisors of the Alameda County Flood Control and Water Conservation District; and
2,
The Board of Directors of Zone Seven of the Alameda County Flood Control and Water Conservation
District.
.
A IT ACHMENT ~
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.ion 5. Effective Date and Posting of Ordinance
This ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The
City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 39633 of the Government Code of California."
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this
20th day of April, 1999, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
.
ATTEST:
City Clerk
g:pa9603 7\zone 70rd
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MARCH 18, 1999
A.C.F.C. &: WoC.D., ZONE 7
ANNEXATION DESCRIPTION
FOR SCHAEFER RANCH
EXHIBIT A
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF SECTIONS 3 AND 4 OF TOWNSHIP 3 SOUTH, RANGE I WEST, MOUNT DIABLO
BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE MOST NORTHERLY LINE OF SAID SECTION 4 (T.3 S, Rl W) DISTANT
THEREON NORTH 89" 33' 52" WEST, 1324.99 FROM THE MOST NORTHEASTERLY CORNER OF SAID
. SECTION 4 (1'.3 S., Rl W.) AT THE INTERSECTION WITH THE TOWNSHIP DIVIDING LINE AS
DELINEATED ON THE RECORD OF SURVEY NO. 361, FILED JUNE 20, 1969, IN BOOK 7 OF RECORDS
OF SURVEYS AT PAGE 59, ALAMEDA COUNTY RECORDS, DISTANT THEREON SOUTH lrr 40' 44" EAST,
52.17 FEET FROM POINT 'EP-12, AS SHOWN ON SAID RECORD OF SURVEY (7 RS. 59);
THENCE, LEAVING SAID MOST NORTHERLY LINE OF SECTION 4 (1'.3 S., Rl. W) AND ALONG THE LINE
BETWEEN POINTS 'EP-12', 'EP-13', 'EP-J4', 'EP-15' AND 'EP-16 AS SHOWN ON SAID RECORD OF
SURVEY (7 RS 59) THE FOLLOWING COURSES, SOUTH ]0040' 44" EAST, 649.61 FEET;
THENCE, SOUTH 5go 40' 42" EAST, 818.32 FEET;
THENCE, SOUTH 3r 25' 25" EAST, 1292.74 FEET;
THENCE, SOUTH ogo 2 I' 16" EAST, 613.59 FEET TO THE MOST NORTHERLY LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 3 (1'.3 S., R1. W);
THENCE, LEAVING SAID RECORD OF SURVEY LINE ((7 RS. 59) AND ALONG SAID MOST NORTHERLY
LINE (1'.3 S., Rl. W) NORTH 8eo 33' 13" WEST, 302.84 FEET TO THE MOST NORTHEASTERLY CORNER
OF THE SOUTHEAST QUARTER OF SAID SECTION 4 (1'.3 S, Rl. W.);
THENCE, ALONG THE MOST NORTHERLY LINE OF SAID SOUTHEAST QUARTER, SECTION 4
(1'.3 S, R.I. W) NORTH 88" 39' 04" WEST, 2631.88 FEET TO THE CENTER OF SAID SECTION 4
(1'.3 S., R.I. W);
THENCE, ALONG THE MOST WESTERLY LINE OF SAID SOUTHEAST QUARTER, SECTION 4
(1'.3. S, R.I. W) SOUTH or 10' 06" WEST, 813.33 FEET TO A POINT ON THE MOST NORTHERLY LINES
OF THOSE CERTAIN PARCELS OF LAND CONVEYED TO THE STATE OF CALIFORNIA (INTERSTATE 580)
BY DEEDS RECORDED JUNE 23, 1975, REEL 4010, IMAGE 30 AND RECORDED NOVEMBER 30, 1976,
REEL 4621, IMAGE 764, ALAMEDA COUNTY RECORDS;
THENCE, ALONG SAID NORTHERLY LINES (4010 OR 30 AND 4621 OR 764) THE FOLLOWING COURSES,
SOUTH 78" 03' 54" WEST, 51.97 FEET;
THENCE, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF A NON-TANGENT CURVE,
CONCAVED SOUTHEASTERLY, THE RADIUS POINT OF WHICH BEARS SOUTH 48" 51' 18" EAST, HAVING
A RADIUS OF 650.00 FEET, THROUGH A CENTRAL ANGLE OF 24038' 59", A DISTANCE OF 279.64 FEET;
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THENCE, TANGENT TO LAST SAID CURVE, SOUTH 16" 29' 43" WEST, 18.85 FEET;
.
THENCE, NORTH 74" 30' 24" WEST, 300.19 FEET;
THENCE, NORTH 67" 22' 47" WEST, 458.31 FEET;
THENCE, NORTH 76" 11' 25" WEST, 458.62 FEET;
THENCE, NORTH 87" 58' 44" WEST, 407.40 FEET;
THENCE, NORTH 7(f112' 50" WEST, 301.12 FEET;
THENCE, NORTH 8r 06' 38" WEST, 222.75 FEET;
THENCE, NORTH 550 21' 19" WEST, 274.44 FEET;
THENCE, SOUTH trr 39' 54" WEST, 123.83 FEET TO THE WESTERLY LINE OF SAID SECTION 4
(1'.3 S, Rl W); .
THENCE, LEAVING SAID NORTHERLY LINES (4010 OR 30 AND 4621 OR 764) AND ALONG SAID
WESTERLY LINE (1'.3 S, Rl W) THE FOLLOWING COURSES, NORTH 030 08' 05" EAST, 558.44 FEET;
THENCE, NORTH 03046' 00" WEST, 882.91 FEET;
THENCE, NORTH orr 30' 45" WEST, 407.02 FEET;
THENCE, NORTH O(J' 50' 31" EAST, 1362.44 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID .
SECTION 4 (1'.3 S., Rl W);
THENCE, ALONG SAID MOST NORTHERLY LINE OF SAID SECTION 4 (T.3 S, Rl. W) THE FOLLOWING
COURSES, SOUTH 89" 29' 04" EAST, 2594.67 FEET;
THENCE, SOUTH 8f? 33' 52" EAST, 1376.52 FEET TO THE POINT OF BEGINNING.
BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 3, NAD 27.
TO OBTAIN GROUND DISTANCES, MULTIPLY BY 1.0001136.
.
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ALAM=DA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
5997 PAi'iKSIDE DRIVE ; PLEASANTON. CALIFORNIA 9~55S.5~27 ; "~~,;;: i51 Ji ~6.:-:e'::J 'c,':'~' ~~:.',' ~
September 20, 1996
Mr. Eddie Peabody, Jr.
Community Development Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Dear Mr. Peabody:
.
In response to your August 12, 1996 letter, the Zone 7, Board of
Directors approved providing water supply to the Schaefer Ranch
Project. Enclosed for your records is the minute order approved
by the Zone.Board on September 18, 1996.
As you know, Zone 7 is the water wholesaler to the Dublin San
Ramon Services District (DSRSD). The Zone still needs to
determine the best way to service the project (ie., by annexing
the project area to Zone 7 or under a special contract to DSRSD
for service outside of Zone 7). We expect this to be resolved in
the next few months. If the Zone Board finds that it is in the
Zone's best interest to serve the project area via annexation to
Zone 7, we hope to have the matter of Zone 7 annexation before
LAFCo in March 1997. Otherwise, we expect to work out the
details of a.special water supply contract with DSRSD within a
similar time frame.
Very truly yours,
d -:-:0--
// .~ U~
Jim Dixon
General Manager
cc: Each Member, Zone 7 Board
Bert Michalczyk, DSRSD
Rob Yohai & Jim Parsons
J
pc: ~:irevE A-n<;f/'{;JON
.
A IT ACHMENT 3
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ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
5997 PARKSIDE DRIVE ~ PLEASANTON. CALIFORNIA 9.1536-5127 ; ""C~,E (: 10) .15..-2600 0"' '5' C i ~C:-:~~.1.
ZONE 7 BOARD OF DIRECTORS
:MINUTE ORDER
The following action was taken by the Board of Directors on: September 18, 1996
ITEM NO. 5
APPROVED x
The Board approved serving water to the proposed Schaefer Ranch Development and directed
staff to develop the criterion for service and refer it to the Water Committee to work out the
details.
Motion: Director Figuers
Second: Director Kalthoff
.
Ayes:
Noes:
Absent:
Abstain:
Directors Concannon, Figuers, Greci, Kalthoff, Layton, Marchand
Director Spence
None
None
I CERTIFY THAT THE FOREGOING IS A
CORRECT COpy OF A MINUTE ORDER
ADOPTED BY THE BOARD OF DIRECTORS OF
ZONE 7 OF ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION
DISTRICT,
CALIFORNIA Seotember 18. 1996
.
ATIES~~m~ &6
BY: ~ :::U'A ~~--R..--
ARB MORSE, SECRETARY
BOARD OF DIRECTORS
, ..
r~ i
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION CISTi=\ICT
5~~; PARKSIDE DRIVE . PLEASAI\:TO~. C;"UFORNIA 9.::588.5' 27 ~ ''''';,.e ;5: OJ ~e4.2Eao 0", ~: ~', ~~:-3914
June 11, 1997
Mr. Eddie Peabody, Jr.
Community Development Director
City of Dublin
P. O. Box 2340
Dublin, CA 94568
Dear Mr. Peabody:
.
This ,letter is to reaffirm Zone 7's intent and conunitment to provide a water supply to the Dublin
San Ramon Services District for water service to the Schaefer Ranch project. This relatively
small project can readily be accommodated by the Zone 7 Water Expansion Program. As you
know, the Water Expansion Program is financed by developer-paid water connection fees which
will pay for developing and acquiring new water supply sources. The Zone has undertaken a
multi-pronged apPToach on developing and acquiring water supplies which includes water
recycling, water conservation, conjunctive use of surface and ground waters, and new imported
water supplies.
Yet to be determined is whether Zone 7 will provide the wholesale water service to DSRSD for
this project area by special contract or by a Zone 7 boundary line adjustment. This issue can be
resolved after the area has been annexed to Dublin and DSRSD. Regardless, Zone 7 remains
committed to providing the water supply for this area.
Very truly yours,
~ ~cf;j
Dale Myers
General Manager
cc: Each Member, Zone 7 Board of Directors
Bert Michalczyk, DSRSD
Jim Parsons, P/ADesign Resources, Inc.
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6-11.97schao!:dtr
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