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HomeMy WebLinkAboutMINUTES - 10171995 - C20 T TO: BOARD.OF SUPERVISORS FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: October 17, 1995 SUBJECT: APPROVE ADDENDUM #3 TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAMON CREEK IMPROVEMENT PROJECT (Chaney to Livorna Roads) Project No.: 7520-6B8562 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Addendum#3 to the Final Environmental Impact Report (FEIR), County File #PW 85- 55, CP #92-84, CP #95-29,(the custodian of which is the Chief Engineer and is located at 255 Glacier Drive, Martinez), FIND that Assessor's Parcel No. APN 187-140-002 is needed for drainage improvements on San Ramon Creek, DIRECT the Director of Community Development to file a Notice of Determination with the County Clerk, and DIRECT the Chief Engineer to arrange for payment of the $25.00 handling fee to the County Clerk. II. Financial Impact: Funds for acquisition of the additional property will come from the Flood Control Zone 313 funds. Continued on Attachment: X SIGNATUR _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 17� �qqs APPROVED AS RECOMMENDED_OTHER_ VO E OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: Contact: Pat Smyers, (313-2222) Orig. Div: Public Works(Real Property Division) cc: P. Harrington, Flood Control P. Gavey, Real Property V. Germany, Design Flood Control Engineering I hereby certify that this is a tme and correct copy of Accounting an action taken and entered on the minutes of the Engineering Services Board of Supervisors on the date shown. County Administrator ATTESTED: (Z 0-h G,� 17. 19 95 County Assessor PHIL BATCHELOR,Clerk of the Board County Auditor-Controller of Supervisors and County Administrator County Counsel ' County Treasurer-Tax Collector try Deputy Community Development Building Insection ADDENDUM#3 TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SAN RAMON CREEK IMPROVEMENT PROJECT Page 2 October 17, 1995 III. Reasons for Recommendations and Background: The Addendum to the FEIR for the San Ramon Creek Improvement Project will provide for the acquisition of an additional parcel (APN 187-1407002) to provide for adequate drainage improvements on San Ramon Creek. The Addendum is consistent with County policies and does not lead directly or indirectly to significant physical changes in the project, nor does it alter the adequacy or the completeness of the environmental impacts and mitigation measures identified in the FEIR. Therefore, an Addendum to the FEIR is appropriate to address some changes or additions to the previously certified FEIR. Upon board approval, Addendum #3 would be attached to the FEIR for the San Ramon Creek (Chaney to Livorna Roads) Improvement Project. IV. Consequences of Negative Action: Without approval of the Addendum to the FEIR, the Flood Control District would pursue acquisition of only a portion of the parcel (APN 187-140-002) and be subject to potential claims from the property owner related to construction activities. VG:mat g:\Design\BO\BO17.to ADDENDUM #3 to the FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) for the SAN RAMON CREEK IMPROVEMENT PROJECT CHANEY ROAD to LIVORNA ROAD County File#PW 85-55, CP#92-84, and CP#95-29 CP # 95-58 Prepared by: Maureen Toms, Planner Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 October 1995 Environmental Planner _ (Chief Planning Official) Public Works Department Title: Lead Agency: County of Contra Costa r Date: ADDENDUM #3 to the FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) for the SAN RAMON CREEK IMPROVEMENT PROJECT CHANEY ROAD to LIVORNA ROAD County File #PW 85-55, CP#92-84, and CP# 95-29 CP # 95=58 Prepared by: Maureen Toms, Planner Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4897 r ' October 1995 ADDENDUM #3 to the FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) for the SAN RAMON CREEK IMPROVEMENT PROJECT .CHANEY ROAD to LIVORNA ROAD County File#PW 85-55, CP #92-84, and CP # 95-29 C P# 95-58 PREFACE The Draft and Final Environmental Impact Report (DEIR and FEIR, respectively), which includes Addendum#1 and Addendum#2, evaluated the proposed project which involves the construction of an earth or rock-lined channel between Chaney and.Livorna roads in the Alamo area of Contra Costa County. This document serves as Addendum #3 to the FEIR for the San Ramon Creek Improvement Project (County File#PW 85-55, CP#92-84, and CP#95-29). Consequently, the FEIR for the project consists of the DEIR, comments received on the DEIR, a list of all commenters on the DEIR, responses to the comments raised, Addendum #1, Addendum #2 and Addendum #3. The Contra Costa Community Development Department (CDD) is the lead agency for the project, and on 16 June 1987, the Board of Supervisors as the Governing Board for the Contra Costa County Flood Control District (FCD) approved the project and filed a Notice of Determination with the County Clerk. The Board acknowledged that the project would have certain environmental effects and adopted the findings and mitigation measures as expressed in the San Ramon Valley Regional Planning Commission Resolution No. 20- 1987. The Resolution was certified on 27 April 1987. In addition, the Board recognized that impacts such as future land use and hydrology; traffic and circulation; water quality; wildlife and vegetation; geology and soils, and earthwork; noise; air quality; cultural resources; and growth inducement, would only be partially mitigated or not mitigated in Resolution No. 87/364, 16 June 1987. Addendum #1 was approved on 12 January 1993, and Addendum#2 was approved on 2 May 1995, by the Board. Addendum #1 identified the need to acquire the property at 1452 Paseo Nogales and Addendum #2 identified the need to acquire property at 1411 Livorna Road. r ' CEQA PROCESS The California Environmental Quality Act (CEQA) prescribes that an Addendum (CEQA 1 Guidelines Section 15164)to a previously certified environmental impact report (EIR) shall be prepared by either the lead agency or the responsible agency if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 have occurred: 1. No substantial changes are proposed in the project which will require major revisions of the previous EIR ... due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. No substantial changes with respect to the circumstances under which the project is undertaken which require major revisions of the previous EIR ... due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; or 3. No new information of substantial importance shows that the project will have one or more significant effects not previously discussed, nor will mitigation measures or project alternatives previously examined be substantially more severe than previously shown. In addition, there is no new information showing that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, and there is no such new information suggesting that new mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors shall consider Addendum #3 along with the FEIR'prior to making a decision on the project. According to CEQA Guidelines Section 15164 (c) an Addendum does not require circulation for public review but can be included in or attached to the FEIR. As noted in the Preface, Addendum #3 is attached to the FEIR for the San Ramon Creek Improvement Proiect (County File#PW 85-55, CP#92-84, and CP#95-29). EXPLANATION OF ADDENDUM #3 Addendum #3 to the FEIR for the San Ramon Creek Improvement Proiect identifies the need to purchase a parcel at 27 Glade Lane (APN 187-140-002), located in the unincorporated town of Alamo, in order to provide for the channel improvements identified in the FEIR (Figure 2). In the FEIR for the San Ramon Creek Improvement Proiect, a chute, stilling basin, and rock rip rap are proposed at this reach of the creek (Figure 5). Approximately 1,000 sq. ft. of the 9,714 sq. ft. parcel is needed for construction access and theypermanent maintenance road. Instead of acquiring a portion of the property, the FCD will purchase the entire parcel from a willing seller. By purchasing the property, the FCD would avoid potential claims from the property owner related to construction activities. 2 The house located on the property is a one story, two bedroom, one bathroom residence (1,003 sq.'ft.) approximately 40 years old. The house is typical and is not a unique architectural specimen. Minimum lot size is 20,000 sq. ft. according to current zoning. Addendum #3 is consistent with County policies and does not lead directly or indirectly to significant physical changes in the project, nor does it alter the adequacy or the completeness of the environmental impacts and mitigation measures identified in the FEIR. Therefore, Addendum #3 to the FEIR is appropriate. ADDITION TO THE FEIR This section identifies the language which is added/or changed (bold face type) or deleted (strikeout) to the text and figures of the FEIR (as revised by Addendum #1 and #2 where indicated *): p. II, item 4*. Impact: The proposed project will result in the removal of two additional single-family residences (APN 187-110-006) and (APN 192-011-044) and the acquisition of approximately 1,000 sq. ft. of the front yard of another residence (APN 187-140- 002)for construction access and permanent maintenance road. Since construction activities would occur as close as 20 ft. to the residence, dust, noise, and access impacts will result. The FCD may also be subject to claims from the property owner related to construction activities. P. ll, item 4*. Mitigation Parcel APN 192-011-044 is currently for sale and may be acquired on the open market. If Parcel APN 192-011-044 is not purchased on the open market, like Parcel APN 187-110-006, it will be acquired in accordance with the State of California's Relocation Assistance and Real Property Acquisition Act of 1971 (Government Code Section 7260 et seq). Parcel APN 187-140-002 is currently for sale and may be acquired on the open market. If Parcel APN 187-140-002 is not purchased on the open market, an approximately 1,000 sq. ft. portion of the property will be acquired in accordance with the State of Califomia's Relocation Assistance and Real Property Acquisition Act of 1971 (Government Code Section 7260 et seq). p..3, Figure 2*- Revised to show full take of parcel located at 1452 Paseo Nogales (APN 187-110-006), and 1411 Livonia Road (APN 192-011-044) and 27 Glade Lane (APN 187- 140-002). (This figure is attached at the end of the Addendum #23). p. 8, Figure 5: Revised to show changes to the bank on the west bank, south of Livoma Road. p. 51, 3rd paragraph, 3rd sentence: Additionally, right-of-way is needed opposite the terrAiinus of Sunnybrook Road and Paseo Nogales, along with the property at 27 Glade Lane and a strip of land north of the Livorna Road Bridge. With the exception of the property at 27 Glade Lane,Tthese three (3) properties are small, undeveloped, and have 3 no suitable use other than visual open space and watershed lands. The property at 27 Glade Lane,is north of Livoma Road and east of San Ramon Creek. The parcel includes a single-family residence. The proposed channel improvements on the east bank would result in a loss of approximately 1,000 sq. ft. of the front yard for construction access and a permanent maintenance road. p. 111, Last paragraph, 1st line*, change: Purchasing properties at 2358 Danville Boulevard, 1376 Chaney Road, 1452 Paseo Nogales, and 1411 Livorna Road, and 27 Glade Lane would increase, at least initially, land acquisition costs of the project. r : 4 RESOLUTION of the SAN RAMON VALLEY REGIONAL PLANNING COMMISSION, STATE OF CALIFORNIA, INCORPORATING FINDINGS and RECOMMENDATIONS PERTAINING to the FINAL ENVIRONMENTAL IMPACT REPORT for the SAN RAMON CREEK FLOOD CONTROL PROJECT between CHANEY and LIVORNA ROADS RESOLUTION NO. 20-1987 The Findings for the San Ramon Creek Flood Control Project between Chaney and Livorna roads were made by the San Ramon Valley Regional Planning commission to comply with Section 15091 of the CEQA Guidelines and are incorporated herein by reference. r ' 5 CONTRA COSTA COUNTY ADDENDUM #3 FINDINGS for the FINAL ENVIRONMENTAL IMPACT REPORT for the SAN RAMON CREEK FLOOD CONTROL PROJECT between CHANEY and LIVORNA ROADS The following information is added to the findings prepared for the previous EIR and is presented to comply with Section 15091 and 15164(e) of the CEQA Guidelines for the FEIR for the San Ramon Creek Improvement Project. 1. Environmental Effect: The project will result in the acquisition of a parcel (APN 187-140-002 for the San Ramon Creek Improvement project. Findings: There are no significant environmental impacts associated with this acquisition for which Addendum#3 was prepared. The acquisition of one single- family house in central Contra Costa County is not considered a significant impact. In addition, the FCD intends to sell the property, minus the approximately 1,000 sq. ft. needed for the maintenance road, once the project is complete. Statement of Facts: a. The project to be developed pursuant to Addendum #3 to the FEIR for the San Ramon Creek Improvement Proiect is identical or substantially similar to the project analyzed in the FEIR. b. The FEIR for the San Ramon Creek Improvement Proiect consists of the DEIR, comments received on the DEIR, a list of all commenters on the DEIR, responses to the comments raised, Addendum #1, Addendum #2, and Addendum #3. The FEIR was completed in compliance with the CEQA. c. There are no substantial changes, pursuant to CEQA Guidelines Section 15162 (a)(1), in the project which require major revisions of the FEIR .due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The project is substantially similar to the project analyzed in the FEIR. d. There are no substantial changes with respect to the circumstances, pursuant to CEQA Guidelines Section 15162 (a)(2), under which the San Ramon Creek Improvement project is undertaken which require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Those circumstances remain substantially similar to the circumstances analyzed in the r ` FEIR. e. There is no new information of substantial importance, pursuant to CEQA Guidelines Section 15162 (a)(3), which shows that the project will have one or more 6 significant effects not previously discussed, nor will mitigation measures or project alteenatives previously examined be substantially more severe than previously shown. In addition, there is no new information showing that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, and there is no such new information suggesting that new mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. f. None of the conditions calling for the preparation of a subsequent or supplemental EIR have occurred (see items 1 c - e above). Therefore, it is appropriate to adopt Addendum #3 to the FEIR to make some minor changes to the project description (CEQA Guidelines 15164). Addendum #3 shall be considered along with the FEIR prior to the Board of Supervisors making a decision on the purchase of the parcel, and in considering the parcel purchase, the Board is considering the identical or substantially similar underlying project. The findings are supported by substantial evidence in-the administrative record and are based on the FEIR for the San Ramon Creek Improvement Project which was subject to public review. r ' 7 • F/�/f, got 01. 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'�,' $s<f:' y Please refer to: the Draft Environmental Impact Report, Comments and Responses, Addendum #1 , and Addendum #2 to the San Ramon Creek Improvement Project Chaney Road to Livorna Road which were submitted to the Board of Supervisors May 2, 1995 I r ` i CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany, Public Works Dept. Project Description, Common Name (if any) and Location: SAN RAMON gREEK IMPROVEMENT PROJECT - ADDENDUM #3, COUNTY FILE #CP 95-58: The project identifies the need to purchase a parcel at 27 Glade Lane (APN 187-140-002), located in the unincorporated town of Alamo, in order to provide the channel improvements identified in the Final Environmental Impact Report (FEIR). In the FEIR for the San Raman Creek Improvement Project, a chute, stilling basin, and rock rip rap are proposed at this reach of the Creek. Approximately 1,000 square feet of the 9,714 square foot parcel is needed for construction access and the permanent maintenance road. Instead of acquiring a portion of the property, the Flood Control District (FCD) will purchase the entire parcel from a willing seller. By purchasing the property,the FCD would avoid potential claims from the property owner related to construction activities, The house located on the property is a one-story, two bedroom, one bathroom residence (1,003 square feet) approximately 40 years old. The house is typical and is not a unique architectural specimen. Minimum lot size is 20,000 square feet according to current zoning. The project was approved on I' Pursuant to the provisions of the California Environmental Quality Act: An Environmental Impact Report was prepared and certified. © The Project was encompassed by an Environmental Impact Report previouslyy pprepared for they San Ramon Creek-Chaney Road to Livorna Road County File #CP 85-55 fJan&sry 19861. A Negative Declaration was issued indicating that preparation of an Environmental impact Report was not required. Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. © The Project will not have a significant environmental effect. Q The Project will have a significant environmental effect. Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines.. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Janet Frattini County Clerk Fee Due- $25