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Home My WebLink AboutMINUTES - 07222008 - C.126 ° Contra TO: BOARD OF SUPERVISORS R. B REN PUBLIC WORKS DIRECTOR -- a Costa FROM: JULIA UE UB �- ;� � .---------- --�' s>a '� County DATE: July 22, 2008 SUBJECT: APPROVE the annexation of the Spanish Trails subdivision into the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. ADOPT Resolution No. 2008AIapproving the annexation of the Spanish Trails subdivision into the Hillcrest Heights GHAD. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON Z APPROVED S RECOMMENDEDVI O HER VOTE OF SUPERVISORS UNANIMOUS(ABSENT-3:1L , ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an HH:vz action taken and entered on the minutes of the Board of G:\SpDist\Board Orders\2008\Board Orders 7-22-07\7_22_08 Supervisors on the date shown. BO Adopting Resolution Approving Annexation.doc Orig.Div:Public Works(Special Districts) n Contact: Warren Lai(313-2180) ATTESTED: !�N �••1� O cc: Assessor JOHN CULLEN,Cler c of the Board of Supervisors and Community Development County Administrator County Counsel Engineering Services By �r�U" Hillcrest Heights GHAD Manager Deputy SUBJECT: APPROVE the annexatic4i of the Spanish Trails subdivision into the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047. DATE: July 22, 2008 PAGE: 2 FISCAL IMPACT: There will be no impact to the County General Fund. Processing costs have been paid by the applicant. The costs for any GHAD activities that occur within the boundaries of the land proposed to be annexed into the Hillcrest Heights GHAD will be covered with revenue generated through parcel assessments for the Spanish Trails Development. The proposed assessment of$1,567.17 for each of the 15 improved lots in the subdivision will be considered at a subsequent assessment ballot proceeding. REASONS FOR RECOMMENDATIONS AND BACKGROUND: Due to the potential for land sliding, the Conditions of Approval for the Spanish Trails Development (DP 033052, SD 028687) require the annexation into the existing Hillcrest Heights GHAD, or the creation of a new independent GHAD,prior to issuance of the first building permit. To satisfy these requirements, the developer of the Spanish Trails subdivision has elected to petition the Board of Directors of the Hillcrest Heights GHAD ("GHAD Board") to annex the subdivision into that existing GHAD. (Exhibit 1, Petition, attached). The territory to be annexed pursuant to the Petition for Annexation is currently owned by the developer. The boundaries of the territory to be annexed and the boundaries of the Spanish Trails subdivision are identical but are not contiguous with the boundaries of the 66 unit Hillcrest Heights Subdivision 7582 that is already part of the Hillcrest Heights GHAD. Public Resources Code section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the GHAD. In that the Board of Supervisors approved the formation of the Hillcrest Heights GHAD, Board of Supervisors approval is necessary for the proposed annexation. In connection with the proposed annexation, the Hillcrest Heights GHAD Plan of Control for Spanish Trails dated May 27, 2008, has been prepared. The Hillcrest Heights GHAD Plan of Control for Spanish Trails describes the work contemplated for the subdivision, including maintenance and monitoring, to address the potential for landsliding. Funding for the land proposed to be annexed into the Hillcrest Heights GHAD will be based on an assessment from each improved lot in the subdivision, which funding will be collected and used in accordance with the Hillcrest Heights GHAD Plan of Control for Spanish Trails. The proposed assessment of $1,567.17 for each of the 15 improved lots in the subdivision is supported by a detailed Engineer's Report prepared by a registered professional engineer certified by the State of California, and will be considered at a subsequent date in accordance with Proposition 218. County staff recommend that approval of the proposed annexation be conditioned upon subsequent approval of the proposed assessment following an assessment ballot proceeding. The Hillcrest Heights GHAD Plan of Control for Spanish Trails addresses geologic hazards within the Spanish Trails subdivision but does not address geologic hazards within Hillcrest Heights Subdivision 7582. CONSEQUENCES OF NEGATIVE ACTION: The Planning Commission required the annexation into the existing Hillcrest Heights GHAD or the creation of a new independent GHAD as a condition of approval for the Spanish Trails subdivision. The developer has satisfied all of the remaining Conditions of Approval and has obtained building permits to commence construction of the project. If the Board does not proceed with this matter, satisfaction of this condition will be delayed and possibly may not occur. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES: NONE ABSENT: Q flahc 1 ABSTAIN: NONE RESOLUTION NO. 2008/5aL� SUBJECT: ADOPT Resolution No. 2008 approving the annexation of the Spanish Trails subdivision into the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047. (Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter 1 (commencing with Section 26500) and Chapter 2, Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) RECITALS: A. On July 23, 1996, the Contra Costa County Board of Supervisors adopted Resolution No. 96/329, approving and ordering the formation of the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District("Hillcrest Heights GHAD") and appointing itself to act as the Board of Directors of the GHAD ("GHAD Board"). This formation was described in the petition dated May 8, 1996 and in the GHAD Plan of Control dated May 8, 1996. B. On June 24, 2008, the GHAD Board was presented with and reviewed the Petition for Annexation of Territory to the Hillcrest Heights GHAD ("GHAD Petition") by The Austin Group LLC. In connection with the proposed annexation, the GHAD Board was also presented with the proposed Hillcrest Heights GHAD Plan of Control for Spanish Trails,which is on file at the Clerk of the Board of Supervisors and the Public Works Department. C. On June 24, 2008, the GHAD Board accepted the GHAD Petition and accepted the proposed Hillcrest Heights GHAD Plan of Control for Spanish Trails and adopted Resolution No. 2008/449 setting a hearing for July 22, 2008 to consider the proposed annexation. This hearing was noticed in accordance with Public Resources Code section 26557, 26561, 26562, and 26563. RESOLUTION NO. 2008/ SUBJECT: ADOPT Resolution No. 2000 approving the annexation of the Spanish Trails subdivision into the Hillcrest Heights Geologic Hazard Abatement District ("GHAD"), El Sobrante area. (Hillcrest Heights GHAD Funds) (District I) Project No.: 7756-6X5047. DATE: July 22, 2008 PAGE: 2 of 2 D. On July 22, 2008, the GHAD Board held a public hearing on the proposed annexation. At the time set for the hearing, the GHAD Board was presented with any and all objections to the annexation made pursuant to Public Resources Code Section 26564. At the hearing, owner(s) of more than 50 percent of the assessed valuation of the property to be included in the Hillcrest Heights GHAD did not object to the annexation. E. On July 22, 2008, the GHAD Board closed the hearing and,by Resolution, approved the annexation of the Spanish Trails subdivision into the Hillcrest Heights GRAD, and approved the Hillcrest Heights GHAD Plan of Control for Spanish Trails. F. Public Resources Code section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the GHAD. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY DECLARES, RESOLVES, FINDS AND ORDERS THAT: 1. The Board of Supervisors of the County of Contra Costa hereby approves the annexation of the Spanish Trails subdivision into the Hillcrest Heights GHAD as described in the GHAD Petition and as required by Public Resources Code section 26581. 2. This Resolution shall become effective immediately upon its passage and adoption. EXHIBIT 1 PETITION FOR ANNEXATION OF TERRITORY TO THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO DIVISION 17 (commencing with section 26500) OF THE PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA TO: The Clerk of the Hillcrest Heights Geologic Hazard Abatement District ("GHAD") (Clerk of the Board of Supervisors) The undersigned owner of land within the boundaries of the territory proposed to be annexed to the GHAD hereby requests that the Board of Directors of the GHAD ("GHAD Board") initiate proceedings to annex the territory described in Attachment A (Legal Description) and shown on Attachment B (Boundary Map), attached hereto, to the GHAD pursuant to Article 3 (commencing with Public Resources Code § 26550) and Article 4 (commencing with Public Resources Code § 26561) of Chapter 2 of Division 17 of the Public Resources Code (§ 26500 et seq.). Said owner is the owner of all the territory proposed to be annexed. (a) This petition is made pursuant to Division 17 of the Public Resources Code with particular reference to Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561). (b) Opposite the signature of the petitioner is an indication of the lot, tract and map number or other legal description sufficient to identify the signature of the petitioner as that of an owner of land within the territory proposed to be annexed to the GHAD. (c) Opposite the signature of the petitioner is an indication of the date on which said petitioner's signature was affixed to this petition. (d) The following documents are attached to this petition and are incorporated herein by this reference as if set forth in full in the petition: 1. A Legal Description of the territory proposed to be annexed to the GHAD (Attachment A); 2. A Boundary Map of the boundaries of the territory proposed to be annexed to the GHAD (Attachment B); and 3. The proposed Hillcrest Heights GHAD Plan of Control for Spanish Trails, dated May 27, 2008, prepared by an engineering geologist certified pursuant to Section 7822 of the California Business and Profe iC s Code, which describes in detail geologic hazards, their location and the areas affectF11 and a plan for their prevention, mitigation, abatement and control thereof(Attachinent _ APN #s _ 433-160-068 thru 085 Date Willia F.Schr der, Jr. Managing Member Description of Property The Astin Gr I p LLC As M ager of Spanish Trails Associates LLC Attachments: A—Legal Description B— Boundary Map M AY Z 7 C—Hillcrest Heights GHAD Plan of Control for Spanish Trails MMB;10480-001:746922.2