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Home My WebLink AboutMINUTES - 02021999 - C80 Contra Costa TO: BOARD OF SUPERVISORS ` County FROM: Dennis M. Barry, AICD Community Development Director DATE: January 25, 1999 SUBJECT; Summary Vacation of Utility Easement - Pleasant Hill BART SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT Resolution authorizing the summary vacation of a public service easement no longer required for utility purposes along former Wayside Lane, Pleasant Hill BART Station Area. FISCAL IMPACT None. 8QKQRt UND/RQR.REQOMMENDATIONS In 1994 the County vacated and quit claimed former Wayside Lane in the Pleasant Hill BART Station Area (Area 4) to the Redevelopment Agency. The County retained an easement for utilities. It has been determined that the easement is no longer required for utility purposes, and can be vacated. This vacation will permit the development of the 87 unit BRIDGE housing project and the 54 unit Halliday Development townhouses to proceed. CONTINUED ON ATTACHMENT: YES SIGNATURE: lee�5e� "� RECOMMENDATION OF COUNTY ADMINISTRATOR _ ECOMME DATION OF 7/OARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 4 ;. r APPROVED AS RECOMMENDED >< VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN, Source: Jim Kennedy 335-1255 orlg: Public Works ATTESTED - � cc: Redevelopment PHIL BATCHELOR, CLERK OF Community Development THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Recorder (via PW R/P) BYDEPUTY JK:fhb 0199iphbart.bcs Recorded at the request of: Centra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: C. Pifia-Sandoval THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 26, 1999 by the following vote: AYES; Supervisor Gioia, Uil ema, Gerber, DeSaulnier, and. Canciamllla NOES: None ABSENT: :'done RESOLUTION NO. 99L 53 ABSTAIN: None (S. & H. Code § 8339 et. seq.) SUBJECT: VACATION OF RESERVATION OF UTILITY EASEMENT) CDD-CP NO. 98-98 ) W.O. 5489 } Pleasant Hill Area ) The Board of Supervisors of Contra Costa County RESOLVES THAT: This summary vacation of a public service easement no longer required for utility purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8833, et. seq. A description of the portion to be vacated is attached hereto as Exhibit "A" and incorporated herein by reference. This vacation request is based on the fact that the easement has been superseded by relocation and there are no other public facilities located within the easement. This Board hereby FINDS that the proposed vacation will not have a significant effect on the environment, and that it has been determined to be categorically 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 Director to arrange for payment of the $25.00 handling fee to the County Clerk for ding of the Notice of Exemption. This Board having considered the general plan, FINDS that in accordance with its Resolution No. 81/522, this summary vacation is minor in nature and is therefore exempt from general plan conformance review RESOLUTION NO. 991 53 This Board declares that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit "A". From and after the date this Resolution is recorded, the portion vacated no longer constitutes a public service easement. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. Orig. Dept.: Public Works (R/P) cc: Public Works-C. iria-Sandoval Desiggn -C. Sellgren (via R/P) Malnt. (via R/P) Recordslvia R/P) Transp. Engineering (via R/P) County Counsel CommunityDevelopment Recorder(via R/P) EBMUD, Land Management Div. Thomas Brothers Maps Pacific Gas and Electric Attn: Land Department Pacific Bell,Attn: M. Tabayoyon, Public Works Coordinator Right of Way Department, 2410 Camino Ramon, 350Q, San Ramon, CA 94583 Contra Costa Water District Walnut Creek School District Applicant: J. Kennedy, CCCRA :csp G:1GrpData\RealProp199-11V4OVacation of Utility Easmnt.doc I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown' AT ESTED: :P iiL BATCHELOR, € ! 'k o ne Board of Supervisors and County Administrator By � :� - �.Deputy RESOLUTION NO. 99/ 53 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4500-6X5489 CP NO.: 98- 17�? ACTIVITY NAME: Vacation of Reservation of Utility Easement DATE: December 15, 1998 PREPARED BY: Leigh Chavez This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15861 (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 project consists of the vacation of a public service easement. The easement has been superseded by relocation; there are no other public facilities located within the easement. LOCATION: The reservation of the utility easement is located in the Pleasant Hill BART area formerly known as Wayside Lane (F€gures, 1-4). r REVIEWED BY: � '�''E GATE: APPROVED BY: ' JATE: Community Development Representative G:\grpdata\design\er.vlro\98projs\VarationUtillty=asebeterm Figure � Ui c� z Q 0 0 0 cc 0 z m < cz),; < "'"" *< Lj LJ Lj __, .. . C LUr u• LJ. < Z0 M. ....t C.- � Lij 0 cc r). .+.v: y rMlr re 613 `t 00 vr. g0. ,� ■r'3S �, ,iii M'i11Ya '�. r.. Lr dq. til' 3 � 64 •�' v'" `d' 1{ '�. r`� � �1� � +"'a�� +' � ice'.•{'yg n g 3 t y � t a fit_ � L�t ••• AW � � � � � ��' � �"'� s s Spy .f S. r ACri� - � ,,`�5_'�'��R{\C�S� x * p e� '3�„ .�dl �`t.• d "'W ��' 4 .Y l �� $.+ � �2 `� �,. gi3.� �t � � � g °• 5 '`�. t tic�"¢Q� b'' t't � f �j �}�f �•�. G7 £ t, wac �a " ( a+7a wYfl i "r1 rf ` r � �; a r � � �yyntt � °!r`°{� ,t�, iy "�'� .� a i' `0.'0. � t'/�.� � � 5. �• wn �, � � y�# �+ X< � � x�rr:3�'!' v�i � � yi� Z ai" p�- � `tF�+,•+-. +.'ts Rv �}; ' t"'` tt� a�°r'J s " kt f r✓ .�j�r YIst 119 ass jai..+ a:.".e"�w'! ',52°• is igure r°' JdH7C d6t8fi ,.2 .6s +d8 4N YAFifipi R SOL491 N 94-164 POR WA iDEtx .3—�8-94 t r s+ra # a. a zr.ury t o � .��s•ss�w sae•�W 2�z�s ss°rs'w rr✓sc�.�e:�rr `� � y�� s3b.d �• Sl COGGINS DRIVE d P IfR. 41$ tt. op 7p lh tib 110 0 +T� # 0 Z CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO: Development Engineer/Architect FROM: Catherine Osterman Kutsuris, Senior Planner eobl SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE Community Development staff has reviewed the attached project, CP 98 to determine If mandatory referral for General Plan Conformance, as required by Section 85402 of the Government Code, is necessary. 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 85402 review. { } This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 811522 because the project involves a road alignment project of a minor nature. { } The project site is located within the City of and should be referred to the City for 85402 review. { } The project site is located within the City of Our Department does not review projects for General Flan Conformance {refer to Government Code Section 85402} that are located within a City. { } Community Development staff makes the following attached recommendation which should be incorporated into the staff report on this matter. The project needs mandatory referral and County staff will process this project in the following manner: { } 854.02 review is required. Community Development staff will carry this matter before the appropriate Planning Commission. { } 65402 review must be withheld until completion of an Environmental Impact Report on this project: { } Other procedures. Maw j:law\mr4gpc.wpd Denni ICP Co' :� t-mr unity Costao tra Comm it Berry, pme Development t✓O!Y7t?tUfiitY�6V8ip�rYt6r3f t3irectoF Department ��J County Administration: Building 551 Pine Street 4th door, North Wing =' Martinez, California 94553-0095 ai Phone: 335-1209 January 11, '1999 County File #CP 98-98 Attention: Public Warks Department Leigh Chavez, 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 Cf?98-9B. Vacstio fo Reserving sn of Utft Easement In tha Pleasant hill area. 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: W AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED. #} i he project is categorically exempt (Class—). ( } The LEGA 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}. (✓) Other: general Rule of Applicebility (Section 15051 (b)(3)). ( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. { } 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). # } A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department., if you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 335-1210. Sincerely yours, Dennis M. Barry, A€CP Community Development Director By: Lt:,Z� :aw 1:leega\t Office Hours Monday - Friday:8:030 a.m.-5:0o p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month