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HomeMy WebLinkAboutRESOLUTIONS - 01051982 - 82/22THE BOARD C>F SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Ja.nuary 5, 1982 , by the following vote: AYES: Supervisors Fahden, Schroder, McPeak, Torlakson, Powers NOES: Ncme ABSENT: None ABSTAIN: None SUBJECT: In the Matter of Establishment of Drainage ) Area 56 and the Institution of a Drainage ) Plan Therefor and Adoption of Drainage Fee ) Ordinance, Antioch Area. ) Project No. 75O5-6F8152 ) RESOLUTION NO. 82/22 (West's Wat.C.App. SS 63-12.2 and 63-12.3) The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: On November 24, 1981, this Board adopted its Resolution No. 81/1339 proposing to establish Contra Costa County Flood Control and Water Conservation District Drainage Area 56 consisting of that real property described in Exhibit 11 A11 , and institute a drainage plan therefor. This Board has considered the proposed ordinance and the report entitled Impervious Surface Drainage Fee Ordinance submitted to the Board by the Public Works Department on December 22, 1981 and amended on January 5, 1982. On January 5, 1982, pursuant to Resolution No. 81/1339, this Board held a hearing on the question of the establishment of said Drainage Area, institution of a drainage plan therefor, and the adoption of a drainage fee ordinance. At the time and place fixed for said hearing before this Board all written and oral objections presented concerning the proposed Drainage Area, plans, and drainage fee ordinance were considered. This Board finds that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in the proposed Drainage Area 56. This Board also finds that no written petition for an election signed by at least 25% of the registered voters within proposed Drainage Area 56 has been filed. It appears from the affidavits of publication on file with this Board that all notices required to be given for such hearing have been duly and regularly given and all procedures to be followed have been followed all in accordance with Section 11 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act and in accordance with the provisions of Resolution No. 81/1339. This Board has received no resolution or ordinance adopted by any affected city requesting the exc l usion of territory from proposed Drainage Area 56. This Board hereby CERTIFIES that the Environmental Impact Report submitted to it by the Public Works Department as to the environmental impact of proposed Drainage Area 56 has been completed in compliance with the California Environmental Quality Act, and it has reviewed and considered the information contained therein. This Board ACKNOWLEDGES that the Drainage Plan would have certain environmental effects and ADOPTS the findings and mitigation measures expressed in Planning Commission Resolution No. 51/1981 which mitigate those effects in the manner indicated and is hereby included as Exhibit 11 B11 • This Board hereby FINDS that good cause exists for the establishment of Drainage Area 56 and orders that Contra Costa County Flood Control and Water Conservation District Drainage Area 56 is established, consisting of the real property described in Exhibit 11 A11 • The drainage plan as shown on the map entitled 11 Drainage Area 56, Boundary Map and Drainage Plan 11 , dated October 6, 1981, proposed to be instituted for Drainage Area 56 and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby instituted. RESOLUTION NO. 82/22 This Board he r eby ENACTS Ordinance No. 82-10 establishing drainage fees in said drainage area. This Board hereby REQUESTS the Public Works Director to file with the County Clerk a Notice of Determination for this project. I ,,.,.byoe,tlly that thla 1, a trueandcorreotooPyot an action tlllrtm and entered on th• mlnutN ol t,,. Board ol SupervJ30r, on the date MOwlL ATTESTED: JAN 5 1982 J.R. OLSSON, COUNTY CLERK and ex officio Clerk of th• Board sy Qkt~wq(a d fbqt. , Deputy Orig. Dept.: Public Works Department, Flood Control Planning cc: Public Works Director Flood Control Land Development County Administrator County Assessor County Treasurer-Tax Collector County Auditor-Controller City of Antioch Planni ng Department Buildi ng Inspect i on County Counsel County Recorder RESOLUTION NO. 82/22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~' CONTRA COSTA COUNTY Fe JD CONTROL t\ND i WATER CONSERVATION DISTRICT DRAINAGE AREA 56 EXHIBIT A All the property situated "in Contra Costa County, State of California, the boundary of which is described as follows: All references to boundary lines, ownerships and acreages are .of 1• the Official Records of Contra. Costa County, California. " Commencing at a point on the center line of Sand Creek Road, said point being the common corner of sections 3, 4, 9 and 10 of Township l north, range 2 east, Mount Diablo Meridian; thence northerly along the center line of Sand Creek Road, 117.53 feet to the True Point of Beginning of this description; thence from said True Point of Beginning con ti nui ng northerly 850 feet, more or less, a1ong the said center line of Sand Creek Road to a Point on the general northwesterly boundary of Contra Costa County Flood Control and Water Conservation District Drainage Area 30C; thence in a general northeasterly direction, along the boundary of said Drainage Area 30C, 10,200 feet, more or less, to the intersection of the center lines of Empire Avenue and Carpenter Road, said intersection also being a point on the general westerly boundary of the Contra Costa County Flood Control , and Water Conservation District Drainage Area 30A; thence, in a general northwesterly direction 3900 feet, more or less, along the boundary of said Drainage Area 30A to the center line of Laurel Road; thence westerly along the centerline of Laurel Road, 265 feet to the centerline of Live Oak Avenue; thence north- erly along the centerline of Live Oak Avenue, 390. 72 feet to the easterly prolongation of the southern boundary of that parcel of land described to Willi am Rogers, in instrument recorded January 24, 1969 in Book 579 8 o f Official Records at page 211; thence westerly along said prolongation and -s outhern boundary, 170 feet; thence north 30° west_, 1040 feet, more or less, i o a poin t on th e nor t he rn bound a ry of s aid Ro ge r s pa rc e l (579 8 OR 211); t hence westerly along said northern boundary, 90 feet, more or less, to the mos _t easterly line of that parcel of land described in the deed to ~ene and R,uth Ston e ba r ger, r e corde d April 28, 1964 in Book 460 5 o f Offi c i a l Records a t ~page 681; t hence nort he rly along sa i d easterly line o f sa i d St oneb~r ger parce l (4605 OR 681), 160 feet; thence north 30° west, 780 feet, mor e or less t o a poin t on a nort he rn bound a ry of sa i d St on eba r ger pa r ce l (46 05 OR 68 1); -1-· ' 1~1~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAINAGE AREA 56 thence westerly along the northern boundary of said Stonebarger parcel (4605 OR 681 ), 160 feet, oore or less, to an interior corner; thence northerly along the boundary of said Stonebarger parcel (4605 OR 681) 140.5 feet to the southeasterly corner of PARCEL 11 8 11 as said parcel is shown on the Record of Survey Map filed August 24, 1978 in Book 64 of Licensed Surveyor's Maps at page 50; along the souther'ly line of PARCEL 11 8 11 and PARCEL 11 A11 of said map (64 LSM 50) north 89°52 1 19 11 west 963.53 feet to the southeasterly corner of PARCEL A as said parcel is shown on the Record of Survey Map filed October 20, , 1965 in Book 37 of Licensed Suiveyor's Maps at page 50; thence, along the common boundary of said PARCELS A (37 LSM 50 & 64 LSM 50) north 1°25 1 41 11 east 140 .. 00 feet and north 89°52 1 19 11 west 291.64 feet to the easterly right of way line of Neroly Road; thence northerly 214.78 feet, along said easterly right of way line to the easterly prolongation of the southerly line of 11 Subdivision 4401 11 as shown on the map fi 1 ed December 9, 1976 in Book 191 of Maps at page 44; thence, along said prolongation and southerly line, north 89°32 1 21 11 west 293 .. 65 feet to the southwest corner of Lot 19 as said lot is show~ on .said ·1.· {i ll map of 11 Subdivision 4401 11 (19·1 M 44); thence, along the westerly boundary of said Lot 19, north 0°25,1 59 1'1 west 207.56 feet to the southerly right of way line of Frandoras Circle; thence, along said southerly right of way line, south 89°34 1 01 11 west 60.-16 feet; thence, leaving said line north 0°25•59 11 west 56.00 feet to the northerly r-ight of way line of said Frandoras Circle; the nce,along said northerly right of way line, westerly along the arc of a curve, concave to the north h,aving a radius of 342.00 feet through a central angle of 3°23 1 26 11 an arc distance of 20.24 feet to the easterly line of Lot 22 of said 11 Subdivision 4401 11 (191 M 44); thence along said easterly line, north 0°25 1 59 11 west 457.37 feet; thence along the northerly or northeasterly line of Lots 22, 23, 24, 25, and 26 of said "Subdivision 4401 11 (191 M 44), the following two courses, south 89°34 1 01 11 west 274.96 feet and north 65°05 1 47" west 382.13 feet to the southwesterly corner of Lot 28 of said "Subdivision 4401 11 (191 M 44); thence along the westerly line and its northerly pro- longation of said Lot 28,. north 0°27• 39 11 east 231.00 feet to the north- erly line of said Frandoras Circle; thence, along said northerly line, -2- 'i~:1~~ 1 2 3 4 5 6 7 8 I I 9 i II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAINAGE AREA 56 westerly 290 feet, more or less, to the most easterly corner of Lot 8 of said 11 Subdivision 4401 11 (191 M 44); thence, along the easterly and north- o / erly lines of said Lot 8, north 12 29 1 32 11 west 219.83 feet and north 89°32'21 11 west 222.05 feet to the northwest corner of said 11 Subdivision 4401 11 , said corner being on th1e easterly right of way line of the California State Freeway; thence, along said easterly right of way line, northerly 642.10 feet to the most westerly corner of "Subdivision 4869 11 as said subdi - vision is shown on the map filed March 8, 1979 in Book 223 of Maps at page l; thence, along the southerly line of said subdivision, south 89°51 1 29 11 east 379.05 feet to the easter·ly line of Calle De Oro as shown on said map (223 Ml); thence, along said ,~asterly line, north 11°12 1 26 11 east 343.14 feet to the most northerly corner of Lot 7 as shown on said map ( 223 M 1); thence, along the northerly line of said Lot 7, south 78°47 1 34 11 east 274.96 feet to the easterly line of said "Subdivision 4869" (223 Ml); thence, along said easterly line and its northerly prolonga t ion, north 0°25 1 59 11 west 443.30 feet to the northerly right of way line of Oa~ley Road; thence, along said northerly right of way line, westerly 1700 feet, more or less, to the easterly lline of "Subdivision MS 122-76 11 filed July 28, 1977 in Book 56 of Parcel Maps at page 36; thence, along said easterly line, north 1°18 1 50 11 east 309.99 feet to the southerly line of PARCEL 11 C11 as shown on said map (56 PM 36); thence, along said PARCEL 11 C11 the following I) 0 2 courses, north 89 46 1 42 11 west 105 .38 feet and north O 45 1 30 11 east 295.64 f eet to the nor t heast co rner o f PARCEL 1D11 o f said "S ubdiv i sion MS 122-76 (56 PM 36); thence north 89°52 1 21 11 west 197 .50 feet along the northerly line and its westerly prolongation of said PARCEL 11 0 11 to the ce nte rline o f Phill i ps La ne ;. the nce, a long s aid ce nte rline o f Phillips Lan e, northerly 25 feet to the northeasterly corner of Lot 16 as said lot is shown on the map of "Subdivision of Lands of Frank Peabody" filed October 29, 1 90 2 in Bo o k C of Ma ps a t page 6 8; t he nce,a long t he nort he rly l i ne of said Lot 16, easterly 660 feet to the westerly line of the lands of Pacific Gas and Electric Company; thence, along said westerly line, southerly 640 feet , mor e or l e ss, t o the northe rly line of Oa kl ey Ro a d ; t he nce, al ong --3- V.l/~ot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAINAGE AREA 56 said northerly line, westerly 100 feet, more or less, to the southeasterly corner of the parcel of land described in deed to Albert and Gemni L. Morales recorded February 20,1973 in Book 6867 of Official Records at page 558; ·thence, along the boundary of said parcel the following 3 courses, north 207.50 feet, west 190 feet and south 207.50 feet to the said north-· erly line of Oakley Road; thence along said northerly line, westerly 940 feet, more or less, to the southeasterly corner of PARCEL Bas shown on the map of 11 Subdivision MS 158-77 11 filed January 23, l978'in Book 62 of Parcel Maps at page 32; thence, along the easterly line of said PARCEL B north 0°12 1 50 11 east 549.4 6 feet to the southerly line of the lands of Pacific Gas and Electric Compa ny, thence, along said southerly line, south 89°2 4 '30 11 west 854.56 fee t to the easterly line of Willow Avenue; thence, alon ~J said easterly line, northerly 200 feet; thence, leaving said easterly line 1, north 75° west 750 feet; thence northwesterly 480 feet, more or less, to the northeasterly corner of the 14.48 acre parcel of land shown on the record of survey map filed January 19, 1968 in Book 50 of Licensed Surveyor's Maps at page 27; thence northwesterly 1275 feet, more or less, to a point on the westerly line of the 20.84 acre parcel of land shown on said record of survey map (50 LSM 27) which bears north 0°54'07 11 east 667.:28 feet from the southwesterly corner thereof; thence, along said westerly line and its northerly prolongation, north 0°54'07 11 east 494.64 feet to the centerline of Victory Highway; thence, along said centerline, westerly 770 feet, more or less, to the southwest corner of the parcel of land designated John Trembath on the map filed April 5, 1937 in Book 4 of Land Surveyor's Maps at page 1; thence, along the westerly line of the ' ·. 0 said John Trembath parcel, north O 17' west 358. 22 feet to the southerly line of PARCEL 11 C11 as shown on the map of "Subdivision MS 113-77 11 filed March 8, 1979 in Book 74 of Parcel Maps at page 45; thence, along said southerly line, north 89°21'53" west 232.73 feet to the southwest corner of said PARCEL "C"; thence, along the west line of said PARCEL "C", north 0°37' 53 11 east 122. 95 feet to the south 1 i ne of PARCEL 11 B11 of said "Sub- division MS 113-77" (7 4 PM 45); thence, along said south line, north -4- ,_:/-.-.. ; :, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAINAGE AREA 56 89°21 1 53 11 west 40.94 feet to th,e west line of said "Subdivision MS 113-77; thence, along said west line and its northerly prolongation, north 0°37 1 53 11 east 324.92 feet to the lands of Pacific Gas and Electric Company; thence, along the boundary of said Pacific Gas and Electric Company parcel, north . 89°49 1 east 647.37 feet to the southeast corner of the Pacific Gas and Electric Company parcel that was described as parcel l in deed recorded May 15, 1950 in Book 1557 of Official Records at page 303; thence, along the easterly line of said parce l , north 0°07 1 west 175 feet to the northeast corner of said parcel; thence, along the northerly line of said parcel (1557 O.R. 303) south 89°59 1 west 252.1 feet to the southeast corner of the parcel of land described as parcel 1 in deed to Ralph Garrow,Inc., recorded February 21, 1979 in Book 9232 of Official Records at page 363; thence, along the easterly line of said Garrow parcel, north 0°17 1 west 355.77 feet to the northeasterly corner of said Garrow parcel; thence, along the northerly line and its westerly prolongation of the said Garrow parcel, south 89°49 1 west 1,260.34 feet to the southeasterly corner of "Subdivision 2896 11 as .shown on the map filed March 2, 1961 in Book 81 of Maps at page 42; thence, along the easterly line of said 11 Subdivision 2896 11 , north 0°16 1 16 11 west 622.86 feet to the northeast corner of said 11 Subdivision 2896 11 ; thence, along the northerly line and its westerly prolongation of said "Subdivision 2896 11 south 89°47 '00 " west 1,400.49 feet to the west l i ne of Section 20, Township 2 North, Range 2 East, Mt. Diablo Meridian; thence, along said west line, north 0°09 1 30 11 east 698 feet, to the common section corner of Sections 17, 18, 19 and 20 of said Township 2 North, Range 2 East, Mt. Diablo Meridian; thence,along the northerly section line of said Section 19, westerly 1,150 feet, more or less, to the southerly prolongation of the easterly line of Minaker Drive, said easterly line being described as "south 1°02 1 25 11 west 179.93 feet 11 in parcel one in the deed to Contra Costa County recorded December 30, 1957 in Book 3096 of Official Records at page 172; t hence, along said prolongation and easterly line, north 1°02 1 25 11 east 265 foet, more or li ess, to the southerly right of way line of the Atchison, Topeka and Santa Fe Railroad Company; thence, . ,.~,,.,,,.. continuing north 1°02 1 25 11 east 103.55 feet to the northerly right of way line -5- i~fa.a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAINAGE AREA 56 of t he said Atchison, Topeka and Santa Fe Railroad Company; thence, northerly 140 feet, more or 1 ess, to the most northerly corner of the parcel of 1 and described in deed to Contr a Costa County recorded November 4, 1957 in Book 3069_of-Official Records at pa ge 65; said corner being on the westerly line of the parcel of land described in deed to Domtar Gypsum America, Inc., recorded Apri l 3, 1978 in Book 8774 of Official Records at page 923; thence, northerly 700 feet along said westerly line; thence, north 78°40 1 west 2,200 feet; thence, westerly 350 feet, more or less.to a point in the westerly line of the 29.82 acre parcel of land shown on the Record of Survey map filed April 17, 1980 in Book 66 of Licensed Surveyor's Maps at page 44, which bears north 0°55 1 25 11 east 230 feet from monument number 275 as shown on said map; thence, along said westerly line, south 0°55 1 25 11 west 230 feet and south 47°22 1 25 11 west 40.24 feet to the most westerly corner of said 29.82 acre parcel (66 LSM 44); thence,continuing sou t h 47'~22 1 25 11 west 50 feet to the southwesterly line of Fulton Shipyard Road as shown on said map (66 LSM 44); thence, along said southwesterly line, south 42°37 1 35 11 east 140 feet, more or less, to. the centerline of Fulton Shipyard Road as said road is described in deed to Contra Costa County recorded February 5, 1954 in Book 2265 of Official Records at page 154; thence, along said centerline and its westerly prolongation 1,100 feet, more or less, to the eastE~rly line of that parcel of land described in deed t p Hardy H. Golston, et ux ,, recorded May 3, 1976 in Book 7847 of Official Records at page 457; thence, along said easterly line, northerly 75 feet, more or less, to the northerl y line of the said Golston parcel (7847 OR 457); thence, along the northerl y line, north 82 °15 1 west 355 feet and sou~h 72 °45 1 west 223.60 feet to the westerly line of said Golston parcel (7847 OR 457); th e nce~ a lon g s a i d westerly line and its s ou t he rly prolon ga tion , s outh e rly 134 feet, more or less, to the southerly line of the Atchison, Topeka and Santa Fe Railroad right of way; thence, along said southerly line, in a general wes terl y di r ec t ion 500 feet. mor e or l ess , to t he easte rly ri ght of way line of B Street; t hence, along s aid easterly line, southerly 475 feet, more or less, to the northerly boundary of t hat parcel of land described as parcel five to Ruth T. Sta mm , et a l , i n t he in strume nt r ec orde d Fe bru ary 20 , 1974 in Book 7160 -6- i.t/...ld. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 :i6 27 28 29 30 31 32 II ! I I DRAINAGE AREA 56 of Official Records at page 704; thence, easterly along said northerly boundary, 71. 10 feet; thence, continuing along the boundary of said Stamm -parcel -·{7160 OR 704) southerly 24.34 feet, easterly 38 .90 feet, and southerly :82.3~ feet to the southeasterly corner of said Stamm parcel (7160 OR 704); thence, westerly along its southern boundary 110 feet to the said easterly line of B Street; thence, alon g said easterly line, southerly 110 feet to the northerly right of way line of Sixth Street; thence, along said northerly line, easterly 300 feet to the northerly prolongation of the westerly right of way line of A Street; thence, along said prolongation and westerly line, southerly 160 feet to the south line of Lot l of Block 106 as per maps of the Town of Antioch; thence, along said south line and its westerly prolongation, westerly 100 feet to the northwest corner of Lot 11 of said Block 106; thence , along the westerly line of sai d Lot 11, southerly 100 feet to the northerly righ t of way line of Seventh Street; thence, along said northerly line westerly 460 feet to the southeast corner of Lot 8, Block 99 as per maps of the Town of Antioch, being a portion of that parcel of land described as asse t 5 to Vi rgi ni a Edi th Rodge irs, in instrument recorded October 25, 1966 in Volume 5231 of Official Records at page 290; thence, along the easterly boundary of said parcel, northe:rly 80 feet to its northeast corner; thence , along its northern boundary and ! its westerly prolongation westerly 50 feet, northerly 20 feet and westerly 80 feet to the centerline of C Street; thence, along the centerline of C Street, 130 feet to the centerline of Sixth Street; then ce, along the centerline of Sixth Street westerly 360 feet to the centerline of D Street; thence along the centerline of D Street, southerly iao feet to the centerline of Ninth Street; thence,along the centerline of ~inth Street, westerly 640 feet to the no~therly prolongation of the western boun dary of Lot 5 of Block 113 as per maps of the Town of Antioch; thence, along said northerly prolongation and boundary and along the southerly prolongation, southerly 260 feet to the centerline of Tenth Street; thence, along the centerline of Tenth Street, westerly 80 feet to the centerline of F Street; thence, along the centerline of F Street,southerly 331, more or less, to the centerline of 11th Street; thence, along the centerline of 11th Street, -7- ~~1---. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAINAGE AREA 56 westerly 383 feet, more or less ,. to the centerline of G Street; thence, along the centerline of G Street, southerly 737 feet, more or less, to the center- line of ·14th Street; thence, along the centerline of 14th Street, westerly ·· · .390 f.E?et to the northerly prolongation of the eastern boundary of that 'parcel of land described in the deed to the Antioch Unified School District, recorded May 6, 1947 in Book 1108 of Official Records at page 536; thence, along said northerly prolongation and boundary, and its southerly prolongation, southerly 1,120 feet to the centerline of W. 18th Street, said point being on the : boundary of Contra Costa County Service Area D-3; thence, along the general I northeasterly line of said boundary in a general southeasterly direction 20,000 feet, more or less, to the northwestern corner of that parcel of land described in deed to Gerald S. c1nd Martha S. Graham recorded January 7, 1966 in Book 5031 of Official Records at page 83; thence, along the westerly line and the southerly prolongat i on of the said Graham parcel, southerly 2,200 feet; thence easterly 2,950 feet, more or less, to the westerly line of Section 5, Township l North, Range 2 East, Mt. Diablo Meridian, at a point 1,800 feet southerly from the northwest corner of ~aid Section 5; thence, south 80 °45 1 east 680 feet; thence, southerly 750 feet, more or less, to the north line of the south 1/2 of said Section 5 at a point 920 feet easterly from the west line of said Section 5; thence, south 77°30 1 east 760 feet; thence, south 57°30 1 east 1,350 feet; thence, north 82°30 1 east 1,040 feet; thence, south- easterly 1,650 feet, more or less, to the easterly line of said Section 5 (TlN, R2E, MD~) at a point 1,000 fe e t north erly from the southeast corner of said Section 5; thence south 78 °00 1 east 1,550 feet; thence, southeasterly 850 feet, more or less, to t he southerly line of Section 4 of said Township 1 North, Ran92 2 East, Mt. Diablo Me ridian, at a poin t 680 feet westerly of the s outherly 1/4 corner of said Section 4; thence, along said southerly line of Section 4, easterly 2,050 feet, more or less, to the northwesterly line of PARC EL Bas sa id parc e l is s how n on the map f il ed Oc t ob er 6, 1976 in Book 48 of Parcel Maps at page 45; thence, along said northwesterly line, north 24 °36 1 36 11 east 130 feet, more or less, to the northerly line of said PARCEL B; thence along sa id north e rly line, north 89 °41 '53 11 east 1,203 .21 feet to the centerline -8- g,:,. I :J ;J. DRAINAGE AREA 56 1 II of Sand Creek Road and the True Point of Biginning. 2 3 II I I 4 5 6 II I • 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 II -9- v~1~-.. EXHIBIT B RESOLUTION NO. 51-1981 RESOLUI'ION OF THE PLANNIN3 CG1MISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON 'J'HE FINAL EIR FOR DRAINAGE AREA 56 IN THE ANTIGO! ARFA OF CTNTRA COSTA COUNTY. WHEREAS, pursuant to the provisions of Government Code 65450, public hearings were held before the County Planning Commission on August 11, September 29, and October 27, 1981 to consider and EIR for Drainage Area 56 in the Antioch area of Contra Costa County; and WHEREAS, all th,= procedures of the California Environmental Quality Act and the Contra Costa County Guide·lines to implement this Act have been met, and the hereinafter listed ma itter was discussed fully with testimony and docunentation presented by the public and various county, local and state agencies; WHEREAS, the EIR was prepared in connection with the Drainage Plan including responses to comments which constitutes the Final EIR for the project. NOW, 'PHEREFORE, BE IT RESOLVED that the County Planning Canmission at a regularly scheduled public hearing on December 8, 1981, makes the following findings and recanmendations on the matter; 1. 11.Phe Dr aina9e Plan with i t:s proposed standards for implementation will mitigate many of the impacts emnnerated in the Environmental Impact Report. 2. The Drainage Plan has left significant areas in open space and :i s protecting . the environmental resources of the area through the design and standards of the Plan. BE IT FUR'T'HER RESOLVED that the County Planning Commission having reviewed the comments submitted in response to the EIR, finds that the environmental doct.nnents consti tutin9 the Final EIR are adequate and provide an environmental ana l ysis suitable for decision making on the project, and the P l anning Commission certifies to the Board of Supervisors that it finds the EIR to be adequate and that it has been canpleted in canpliance with State Guidelines and County processing procedure for implementing the California Environmental Quality Act; and BE IT FUR'T'HER RESOLVED that the County Planning Corrnnission concurs with the f i ndings of the EIR that the Drainage Plan would have certain environmental effect:s and adopts the following findings and measures which partially mitigate those ef fee ts in the manner indicated. This impact 1 RESOIDTION NO. 51-1981 follows the same sequence as identified in the sumnary of the Draft EIR. Land Use: Legal, Pol~, and Institutional Constraints Impac~ Alternates 1 and 3A proposed for Reach #1 will have the adverse impact of loss of land designated as industrial in the Antioch General Plan. This is due to the relocation of the creek channel and outfall at the San Joaquin River to the site of the abandoned Hickmott Cannery. Mitigation. Alternate 2 will be implemented for Reach #1 to avoid loss of developable land at the Hickmott site and to preserve the existing marsh as open space. Impact. An indirect impact of the drainage improvements will be the increased pressure to develop areas designated for agriculture and open space in the General Plan of Antioch. The creek improvements will eliminate the constraint of inadequate flood control and drainage in those areas. Mi tiqation. "Agricultural preserve" contracts should be encouraged in the I.JR)=r reacres of the watershed to mitigate against possible encroachment of residential develo:pnent on open space and agriculture. This mitigation measure is within the responsibil i ty and jurisdiction of the County or the City and not the Flood Control District. Impact. The California Department of Fish and Game has jurisdiction over the project and states t h at alternates 3A and 3B for Reach #1 are in conflict with the Wetlands Policy of the State of California. The filling or modification of wetlands in this reach will adversely affect the wildlife ancl marsh habitat. Mitigation. 'I'he California Department of Fish and Game recaranends alternate 1 or 2 for Reach #1 and suggests the following mitigation measures be incorporated into the project to mitigate for potential adverse impacts upon downstream water quality and to protect the riparian habitat of the creek. 1. Alternate 2 will be implem.ented for Reach #1. 2. No development should be permitted within a 100-foot wide strip along each side of the cre,ek from the railroad bridge to Wilbur Avenue. The point of measurement for this corridor should begin at the top of the bank of the open water creek to provide for a uniform setback and an undisturbed area of suff icient size. This 2 RESOUJTIOO NO. 51-1981 mitigation measure is within the responsibility and jurisdiction of the County or the City and not the Flood Control District. 3. An adequate flood control right of way will be provided adjacent t .o the creek to ensure future flood control needs without having to destroy creek vegetation. 4. All disturbed areas wi l l be replanted with native, dro1.ght resistant vegetation, including the larger, slower growing trees seldom planted by homeowners such as sycamore, cottonwood, valley oak, blue oak and coast live oaks. 5. An adequately designed corridor should be incorporated into the project plan to provide for wildlife movement and reduce conflict with developnent. This mitigation measure is within the responsi- bility and jurisdiction of the County or the City and not the Flood Control District. 6. Grading and other land preparation will be restricted to the period from May to October as much as possible. 7. 1Ul work in or near the stream will be confined to the period fran June 1 to October 1 aE: much as possible. 8. All erodible slopes will be hydranulched or otherwise stabilized by October 1. 9. Sediment detention basins will be large enough to adequately impound maximun runoff consistent with project design. 10. 'rhe future maintenance of the detention basins throughout the 1i f e of the project will be addressed. Impact. The California Regional Water Quality Control Board (CRWQCB) has reported that there are ix,tential impacts of erosion and deteriorated water quality as a result of the pro:iect. Mitigation. The CRWQCB recommends the following mitigation measures: 1. 'l'he project: will have an erosion control plan which emphasizes methods of controlling erosion and sedimentation. 2. Construction activities will be phased in order to canplete all 3 • RESOLU'J'ICN NO.51-1981 earth disturbing activities during the dry season as much as possible .. 3. All dist1Jrbed areas will be stabilized by installation of tarp:>rary and permanent erosion control measures prior to the rainy season. Impact. The Lake Alhambra Property Owners' Association has stated that the primary impacts of the project are beneficial to the homeowners around Lake Alhambra. However, t he specific impacts of erosion in the upper watershed, control of water levels in Lake Alhambra and maintenance of the new weir must be addressed. Mitigation. ·rhe Lake Alhambra Property Owners' Association has prcposed the following mi tiqation measures: 1. The wateir level in Lake Alhambra will remain under the control of the Property Owners' Association. 2. A stron9 erosion control ordinance should be adopted by the City of Antioch and Contra Costa County to further control sedimentation with thei E:ast Antioch Creek watershed. This mitigation measure is within the responsibility and jurisdiction of the County or the City and not the Flood Control District 3. Maintenance responsibil:i ties of the new weir will be addressed in the Drainage Area Maintenance Plan. 4. The new extension of Lake Alhambra should be fenced or otherwise secured to discourage pedestrian access. This mitigation measure is within the responsibility and jurisdiction of the County or the City and not t.he Floocl Control District. Traffic and Circulation Impact. The proposed new outfall to the San Joaquin River may be incompatible with plans which the Atchison, Topeka and San ta Fe Railroad has for convertin9 the wooden trestle in the San Joaquin River to an earth- filled embankment. Mitigation. 'I'he selection of an alternate for Reach #1 will be coordinated with the Santa Fe Railroad plans for trestle conversions. Further environmental analysis should be completed by Santa Fe Railroad Company to determine specific impacts of trestle conversions. 4 ~ RESOLUTIOO ID. 51-1981 Impact. The storm drain rights of way which will cross the properties of Cal.Trans, Atchison 1, Topeka anc! Santa Fe Railroad and Southern Pacific Railroad may have temporary impacts upon these transportation systems. Mitigation. Additional mitigation measures will be considered fran these property owners when specific design plans for the storm drain rights of way havE? been canpleted. Impact. The rural traffic of the area surrounding the proposed Lindsey basin does not appear to warrant the construction of four-lane roads around the detention basin s:i te at this time. Mitigation. Fur ther traffic analysis should be canpleted to determine the necessaryfuture roadway configurations in the vicinity of the proposed Lindsey basin. This mitigation measure is within the responsibility and jurisdiction of the County or the Ci t y and not the Flood Control District. Services and Utilities Impact. There are potential impacts with several pipelines and PG&E high voltage towers located within the flood plain area. Mi. tigation. 1. Specific mitigations for conflicts with utilities within the watershed will be recanmended when final site plans for drainage i mprovements have . been completed by the Flood Control District. 2. All grading and earthwork will be avoided near the PG&E high voltage towers to prevent the need for reinforcing the bases. ·Archaeology Impact. The excavation activity proposed for East Antioch Creek has the potential to adversely af feet archaeological resources which may be located in the area,, although no known sites presently exist within the watershed. Mitigation. 1. 'rhe Cultur.al Resources Facility at Sonana State University will be notified if archaeological finds are encountered during exca- vation. 2. Any subsurface archaeological materials found during excavation will be evaluated by a qualified archaeologist. 5 • RESOLUTION NO. 51-1981 Earth: Soils, Geology and Seismic Hazards Impact. ~here are potential adverse impacts of subsidence, erosion and slumping of the proposed earth embankments into the creek and basins. Mitigation. Al l earth embankments will be compacted (as required by Ordinance) to minimize subsidence, erosion and slumping into the creek. Impact. Alternates 1 and 2 may have the adverse impact of increased erosion of the hillside on the south side of the existing marsh due to the tidal action. Mitigation. Increased erosion potential will be minimized by the plzicement of protective materials such as rock riprap at the base of the hillside consistent with project design. Impact. Large amounts of fill material will be required for alternates 3A and 3Band for the construction of the Oakley and Trembath basins. Mitigation. Alternate 2 will be implemented for reach #1. Impac~ Further impacts due to soil or fill ccnstraints may be identified when specific designs have been ccmpleted. Mitigation. Additional mitigations will be reccmnended, if necessary, when specific site plans have been completed. Water: Hydrology, Flood Hazards and Water Quality Impact. Large volumes of rapidly moving water will have potential adverse impacts of erosion and structural damage to the newly constructed · earth channel. Mitigation. Ectrth embankmen t s for stream channels will be designed so that peak velocity will have a minimal impact on erodable surfaces. (County responsibili~y). Impact. Construction activi t ies during the rainy season may cause significant degradation of water quality. Mitigation. Major grading operations will be confined to the dry season, May to October as much as possible. Impact. The proposed earth channel and the retention basins will need regular maintenance to remove d,ebris, trash and sediments. 6 • RFSOLUTIOO NO. 51-1981 Mitigation. A regular pre-rainy season maintenance program will be established to remove debris and sediments fran detention basins and stream cha1nnels. Impact. Excavation at the p•:riphery of the marsh in Alternates 1 and 2 may create low areas where standing water at low tide could serve as a breeding area for mosquitos. Mitigation. For alternates 1 and 2, the marsh area should be excavated to retain a gentle slope toward the main channel. This mitigation measure is within the responsibil i ty and jurisdiction of the County or City, the State Department of Fish and Game, and the Mosquito Abatement District and not the Flood Control District. Impa~:_!:.!.... The proposed extension of Lake Alhambra has the potential impact of an increased safety hazard. Mitigation. The proposed extension should be fenced or otherwise secured to reduce accessibility and the associated safety hazards of open water. This mitigation measure is within the responsibility and jurisdiction of the County or the City and not th•= Flood Control District. Impa~~ There is a potential degradation of water quality due to the close proximity of the proposed Oakley basin and the Kerly Chemical Plant. Mitigation. An earth embankment should be constructed between the proposed basfnand the chemical plant to reduce the potential for degraded water quality associated with surface runoff at the site. This mitigation measure is the responsibility of the chemical plant to insure containment of noxious effluent and not the Flood Control District. Biota: Vegetation and Wildlife Impact. The marsh habitat in Reach #1 will be eliminated with the implementation of alternate 3A or 3B .. Mitigation. Alternate 2 will be selected for implementation to preserve significant marsh habitat. Impact. For alternates l or 2, the freshwater marsh will be significantly influerced by saline tidal movements which may eventually convert the habitat to salt marsh. Mitigation. Further environmental investigations will be canpleted to determfoe additional potential impacts of converting a freshwater marsh 7 " RESOUJTION NO. 51-1981 to a salt marsh environment consistent with project design. Impa~~-Some riparian habitat along East _Antioch Creek will be lost. or disturbed due to the placement of earth fill to create the detention basins. Mitigation. Native riparian habitat will be developed and maintained within the detention basin areas. Impact. Mosquito populations may cause problems within the marsh areas of Reach #3 and with the implenentation of alternates l or 2. Mitigation. Final site plans will consider additional mitigation measures recanmended by the Contra Costa Mosquito Abatement District. Air: Air Quality and Noise Impact. The short-tenn impact of deteriorated air quality as a result of air borne dust will occur during excavation of the embankments and detention basins. Mi tigati°-._~~ Water will be applied to disturbed earth surfaces to suppress dust emissions. NOW, THEREFORE, BE IT RESOLVED that the County Planning Canmission at its regular meeting held on October 27, 1981 approved and recommends to the Board of Supervisors the approval of the Final EIR, identified in the October 27, 1981 hearing draft. The instruction by the Planning Ccmmission to prepare this resolution was by motion of the Planning Commission on Tuesday, October 27, 1981 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Canmissioners-Compag lia, Accornero , Nimr , Aiello , Davis, Young, Anderson . Camnissioners-None . Canmissioners-None. Canmissioners-None. 8 RESOUJTION NO. 51-1981 I, Donald E. Anderson , Chairman of the Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the law on Tuesday, December 8, 1981, and that this resolution was duly and regularly passed and adopted by the following vote of the Canmission: AYES: NOES: ABSENT: ABSTAIN: Canmissioners-Compaglia, Youn g , Davis, Aiello, Accornero, Nimr, And erson. Canmissioners-None. Canmissioners-None. Cormnissioners-None. Chairman of the Planning Commission of the -. .'X / /l .· County of Contra Costa, State of California Attest:.1·· ~~ _,/ ---· / \ / S_ecr~taty of the Planning Ccrnmission of the --county of Contr Costa, State of California I ;: RES. DA56.1781. tll 9 "