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HomeMy WebLinkAboutMINUTES - 01141997 - C14 ,{ c. 14 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: JANUARY 14, 1997 SUBJECT: SAN RAMON CREEK-ACCEPT EXCESS RIGHT OF WAY -WALNUT CREEK AREA Project No.: 7520-669368 Task: ACQ Account: 3540 CDD-CP #96-68 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT Grant.Deed dated December 6, 1996, from Eric A. Hanson. DIRECT the Real Property Division to have the above-referenced Grant Deed recorded in the Office of the County Recorder. This Board FINDS that the proposed project will not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act under State CEQA guidelines Section 15061(b)(3) and DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk and DIRECTS the Public Works Continued on Attachment: X SIGNATURE: Ak _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ONO 1 –14 – / 97 APPROVED AS RECOMMENDED v,-' OTHER— VOTE OTHER_VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: i hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the RB:gpp Board of Su"I rs on the date Shown- re on j ATTESTED. R: Ori .Div: Public Works R/P PHIL CHELOR,C of oard Orig. ( ) Of Supervlsor0 and Cou ty Administrator Contact: Ronald Babst(313-2226) _ cc: Public Works(Accounting) Deputy V. Germany, Design County Administrator Recorder(via R/P) 1 San Ramon Creek January 14,1997 Page Two Director to arrange for payment of the $25.00 handling fee to the County Clerk for filing of the Notice of Exemption. The Planning Commission having filed its general plan report concerning this proposed project and this Board having considered the general plan, FINDS pursuant to Government Code Section 65402 that in accordance with its Resolution No. 81/522; this project is minor in nature and therefore exempt from general plan conformance review. III. Reasons for Recommendations and Background: To give the District the necessary right of way for a staging area to service San Ramon Creek. This land is offered as a donation. The majority of the parcel is encumbered by a flood control easement and due to size limitations the lot is considered unbuildable. V. Consequences of Negative Action: The District would not have this land available as a staging area. Recorded at the request of: Contra Costa County t (� Q (-,(IV Return to: J Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: C. Pifia-Sandoval Assessor's Parcel No. 187-070-016 GRANT DEED For Vaiue Received; ERIC A. HANSON, an unmarried man GRANT(S) to CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, the following described real property in the unincorporated area of the County of Contra Costa, State of California, FOR DESCRIPTION SEE EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Date Z q 'x2 . Eric A. Hanson ATTACH APPROPRIATE ACKNOWLEDGMENT RDB:csp g:\rea1prop\temp\DE1 Hanso.tll Attachment November 18,1996 San Ramon Creek PARCEL 1804 - Hanson All of A.P.N. 187-070-016 _ DWG EB-325 PARCEL 1804: (Fee Title) EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being all of the parcel of land described in the Grant Deed from William H. Johnston and E. Anne.Johnston, to Eric A. Hanson recorded July 28, 1992, in Book 17695 of.Official Records at page 165, records of said County. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. ti Signature: = \.AND Licensed Land Surveyor ZwEl� Contra Costa.County Public Works �t23r- 6 Date: �!9 OF C ,� �P JH:jlg g:\clerical\exhibits\Hanson.src 9/25/96 1 State of California ) County of Contra Costa ) On December, 16, 1996, before me,. Ronald Babst, a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared Eric A. Hanson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the,within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted,executed the instrument. In witness whereof, I have hereunto set my hand the day and year first above written. Signature. :. vc►Q Deputy Clerk r WIN �OST'4COUIZ RB:gpP g:\rea1prop\temp\AK1 EAH.t12 December 16,1996 CALIFORNIA ENVIRONMENTAL QUALITY ACT C Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person:Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and Location: ACCEPT EXCESS RIGHT-OF-WAY, APN 187-070-016 (DANVILLE BLVD.), County File #CP 96-68: The purpose of the activity is to accept an approximately 1,718 square foot (sq. ft.) portion of APN# 187-070-016 as excess right-of- way. The total parcel measures approximately 6,532 sq. ft. and has an existing 4,814 sq. ft. easement for the San Ramon Creek channel. The 1,718-sq. ft. remaining portion is considered too small to build on per County Ordinance 92-44 (Small Lot Occupancy). Project location: The parcel is located on Danville Boulevard which is located in Central Contra Costa County. This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) ✓ General Rule of Applicability(Section 15061(b)(3)) Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, Class_ Section_ for the following reason(s): The activity will not have a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I 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$25 Due DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 7520-669368 CP NO. 96-68 ACTIVITY NAME: Accept Excess Right-of-Way, APN 187-070-016 (Danville Blvd.) DATE: October 21, 1996 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The activity consists of accepting an approximately 1,718 square foot (sq. ft.) portion of APN# 187-070-016 as excess right-of-way. The total parcel measures approximately 6,532 sq. ft. and has an existing 4,814 sq.ft. easement for the San Ramon Creek channel. 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" 00 ,�QP�' pyo\ o x O d� G c\�—, N d e4s, ,m Existing easement laoV 41, o ce s \\e� of exco / pare P°to�e a°°eP�ea M I co i o"ti 11 0A PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: November 25, 1996 TO: James W. Cutler, Assistant Director of Comprehensive Planning FROM: Vickie Germany, AICP, Environmental Planner, Design .Division (Contact Person: Janet Frattini ) SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE We have-reviewed the attached project, CP# 96-68, Danville Blvd. -Accept Excess R/W to determine if mandatory referral for General Plan Conformance, as required by Section 65402 of the 'Government Code, is necessary. recommend the project needs no further mandatory referral clearance from County staff subject.to the following actions: ( ) ' This project has been determined to be exempt from 65402 review. (� This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 81/522 because the project involves a road alignment project of a minor nature. O The project site is located with the City of and should be referred to the City for 65402 review. The project needs mandatory referral and we request Community Development staff to process this project in the following manner: ( 65402 review is required. Community Development staff should carry this matter before the appropriate Planning Commission. The map of the project site and description is attached. O 65402 review must be withheld until completion of an Environmental Impact Report on this project. O Other procedures. Approved By: Community Development h AdeterminWanville.gpc (11-21-96) Community Contra Harvey E. Bragdon Development � Director of Community Development Department COSta -County Administration Building County . 651 Pine Street -- 4th Floor, North Wing r ,, Martinez, California 94553-0095 Phone: 335-1235 . ! ;j December 3, 1996 . r County File #CP 96-68 Attention: Public Works Department Janet Frattini-Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 96-68.Accent Excess R/W. Danville Blvd.. In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970 (CEQA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: (x) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. I 1 The Project is categorically exempt (class_). 1"1 The CEQA requirements are accommodated by the EIR previously prepared for ( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed). W). Other: General Rule of Applicability (Section 15061(b)(3)) 1 1 AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. l l The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming'letter). 1 ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 335-1213 and ask for Debbie Chamberlain. Sincerely yours Harvey E. Bragdon Director of Community Development By: '/a J:\audrey\t COMMUNITY DEVELOPMENT DEPARTMENT CONTRA COSTA COUNTY DATE: December 3, 1996 TO: Public Works Department Attention: Janet Frattini - Design Division FROM: Harvey E. Bragdon, Director of Community Development By: Dennis M. Barry, CEQA qoordinator Via: Audrey Woods SUBJECT: CEQA REVIEW, PROJECT #CP 96-68, Accept Excess.R1W, Danville,Blvd. Attached are the following environmental documents relative to the above-referenced project which have been reviewed by the Community Development Department. Please review the documents to determine if there are any posting periods and/or hearings required before the Board of Supervisors can take action on the project. These documents should be kept in the project file for future reference. ( ) Initial Study of Environmental Significance ( 1 Copy of the Notice of Exemption with receipt. (The original is: _ on file, in Community Development Department;_ on file with the County Clerk; _being returned for filing in project file.) ( 1 Copy of the Notice of Determination. (The original is: on file in Community Development Department; on file with the County Clerk; being returned for filing in project file.) ( 1 Notice of Negative Declaration - including mailout list. ( 1 Draft EIR. (✓) Mandatory Referral for General Plan .Conformance. (Required/exempt from) ( 1 Proof of Publication 1✓) Letter of CEQA determination 11 Comments: ( 1 TWO COPIES OF THE NOTICE OF EXEMPTION/DETERMINATION ARE ATTACHED. WHEN YOU HAVE SCHEDULED THIS ITEM WITH THE BOARD PLEASE SEND ONE COPY BACK TO ME WITH A NOTE STATING THE DATE THE BOARD OF SUPERVISORS iS TO HEAR THE ITEM, When the Board of Supervisors takes action on the project, it must "review" and "consider" the environmental impact report or negative declaration, together with any comments received during the public review process. They must then adopt the environmental document before approving the project. You must, therefore, provide copies for each member of the Board of the respective environmental impact report, notice of negative declaration, br the notice of exemption, along with any comments received during the review period. They must review and consider these items before approving the project. If they do not physically have the documents, they cannot consider them. In the case of projects which are exempt.from CEQA, the Board Order should concur in the determination that the project is categorically exempt, and direct the filing of the Notice of Exemption.. PLEASE NOTIFY US, WITHIN 2 DAYS OF THE BOARD HEARING ON THIS PROJECT, WHAT ACTION THE BOARD TOOK SO THAT WE CAN INITIATE THE FILING OF THE NOTICE OF EXEMPTION OR NOTICE OF DETERMINATION WITH THE COUNTY CLERK. THE FILING OF THESE NOTICES STARTS THE STATUTE OF LIMITATIONS ON COURT CHALLENGES TO THE APPROVAL UNDER CEQA. HENCE, THE FILING OF THESE NOTICES ARE IMPORTANT SINCE IT LIMITS THE COUNTY'S LIABILITY. If you have any questions concerning the above documents or. the,CEQA process, please contact Debbie Chamberlain at 335=1213. JAshftr