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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-421 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF DIRECTORS FOR THE WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on July 19, 2005 by the following vote: AYES: 1 �` � li t -De j' rLa`' t"� c; e 2 rti y l fCc s NOES; ABSENT: , . ABSTAIN: n ,�.. RatLUTIOII NO,251 — iiiumunuunii SUBJECT` ADOPT'Resolution No. 2005/1/V/approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (CHAD) and approving Revision 1 to the Wendt Ranch Geologic Hazard Abatement,District (GHAD)'Plan of Control,Danville area. (District 111)Project No. 0651-6L072R (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 26.561)) RECITALS: A. On February 12, 2002, the Contra Costa County Board of Supervisors adopted Resolution No. 2002/59, approving and ordering,the formation of the Wendt Ranch Geologic Hazard Abatement District (GHAD) and appointing itself to act as the Board of Directors of the GHAD;,(GHAD Board). This formation was described in the petition dated February 12, 2002 and in the GHAD Plan of Control dated February 20, 2001, B. On June 21, 2005, the GHAD Board was presented with a.Petition for Annexation' of Territory to the Wendt Ranch GHAD (GHAD Petition), which is included as Attachment 1 and incorporated herein. In connectionwith the proposed annexation, the GHAD Board was also presented with Revision 1 to the Wendt Ranch GHAD Plan of Control, which is included as Exhibit C of the GHAD Petition on file at the Clerk of the Board and the Public Works Department. I hereby certify that this is a true and correct copy of an TR:LC:rm:sr action taken and entered on the minutes of the Wendt G:\GrpData\SpDist\Board Orders\2005-Board Orders\ Ranch"GHAD'Board on the date shown. Wendt Manch GHAD\07=19-05 Wendt Ghad Rev I.DOC Orig.Dept.:Public Works(Special Districts) Contact: Teri Ric(313-2363)&Lisa Carnahan(313.2191) cc: County Administrator ATTESTED: County Counsel JOHN SWEETEN,G Clerk and County GHAD Manager Administrator Public Works—T.Ric L.Carnahan By Depute RESOLUTION NO.20©51,,xa SUBJECT: ADOPT Resolution No. 2005/ approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GRAD) and approving Revision l to the Wendt Ranch Geologic 1,Hazard AbatementDistrict (GHAD) Plan of Control,Danville area. (District III)Project No. 0651-6L072R DATE: July 19, 2005 PAGE: 2 oft C. Revision I' to the Wendt Ranch CHAD Plan of Control was prepared to reflect the fallowing: (1) annexation'of the Alamo Creek and Intervening Properties projects into the GHAD; (2) ownership:of the open space by the GHAD instead of the homeowners' associations; and (3) maintenance of additional water quality facilities (including water quality and bioretention; basins), fire breaks and trails, and restored creek channels (if funded by the developers). The proposed revisions are exempt from the provisions of the California Environmental Quality Act (Pub. Res. Code §§ 21400 et sect.) in accordance with Public Resources Code section 21080(b)(4): D. On June 21, 2005, the CHAD Board adopted Resolution No. 2005/378 accepting the CHAD Petition and Revision 1 to the Wendt Ranch GHAD Plan of Control and setting a hearing to consider the proposed annexation and the proposed revisions for July 12, 2005. This hearing was continued to July 19, 2005 to allow for notice of the hearing to be given in accordance with Public Resources Code sections 26562 and 26563. E. On July 19, 2005, the CHAD'Board helda public hearing on the proposed armexation and Revision I to the Wendt Ranch GHAD Plan of Control. At the time'set for the hearing,no owner of real property to be annexed to the GRAD nor any owner of real property currently within the'GHAD boundaries had made a written objection to its annexation or to Revision 1 to the Wendt Ranch GHAD Plan of Control in accordance with the provisions of Public Resources Cade section 26564. At the hearing, the owners of more than 50 percent of the assessed valuation of the property to be annexed to the GHAD did not object' to the annexation: THE BOARD OF DIRECTORS OF THE WENDT' RANCH GEOLOGIC` HAZARD ABATEMENT DISTRICT RESOLVES'AND ORDERS THAT: 1. The CHAD Board concludes that Revision 1 to the Wendt Ranch GHAD Plan of Control is substantially in the form described in Sections 26552 and 26509 of the Public Resources Code and the GRAD Petition is substantially in the form described in Section 26552 of the Public Resources Code. 2. The 'GHAD Board hereby approves the annexation of the Alamo Creek and Intervening Properties projects to the Wendt Ranch GHAD as described in the GRAD Petition subject to the adoption of a resolution approving the annexation by the Board of Supervisors of Contra Costa County as required' under Public Resources Code section 26581. 3. The CHAD Board approves and adopts Revision l to the Wendt Ranch GHAD Plan of Control (Exhibit C of the GHAT) Petition), which supersedes the original plan of control and replaces it in its entirety. 4. This Resolution shall become effective immediately upon its passage and adoption. ATTACHMENT 1 PETITION FOR ANNEXATION OF TERRITORY TO THE WENDT'RANCH 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 Wendt Ranch Geologic Hazard Abatement District("GHAD") (Clerk of the Board of Supervisors) The undersigned owners of land withintheboundaries of the territory proposed to be annexed to the GHAD hereby request that the Board of Directors of the GHAD ("GHAD Board") initiate proceedings to annex the territory described in Exhibit A ("Boundary Map") and Exhibit B ("Legal Description"), attached hereto,to the GHAD pursuant to Article 3 (commencing with Public Resource's Code § 26550) and Article 4 (commencing with Public ResourcesCode '§ 26561) of Chapter 2 of Division 17 of the Public Resources Code(§;,26500 et seq.). Said owners are the owners 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 (commencing with Section 26561). (b) Opposite the signature of each 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 CHAD. (c) Opposite the signature of each 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: WCt30171638,2 1. A map of the boundaries of the territory proposed to be annexed to the CHAD (EW,A); 2. A legal description of the boundaries of'the territory proposed to be annexed to the CHAD (Exhibit );and 3. Revision 1 to the Wendt Ranch CHAD Plan of Control prepared by an engineering geologist certified pursuant to Section 7822 of the California Business and Professions Code, which describes in detail geologic hazards,their location and the areas affected thereby,and a plan for their prevention, mitigation,abatement and control thereof (Exhibit SHAPELL INDUSTRIES, INC. a'Delaware corporation 3.Christian Truebridge Its Assistant Vice President APNs: 206-030-23,206-030-25, 206-030-28,206-030-33, and 206-030-35 PONDEROSAHOMES 11, INC., a;California corporation, By: Date Jeffrey C.Schroeder Its Vice President, APNs: 206-..030-26 and 205030-27 Land Acquisition and Planning 2 WC/1417108.2 1. A map of the boundaries of the territoryproposed to be annexed to, the GHAD (Exhibit A); 2. A legal description of the boundaries of the territory proposed to be annexed to the CIHAD (Exhibit ); and 3.` Revision 1 to the Wendt Ranch CHAD Plan of Control prepared by an engineering geologist certified pursuant to Section 7822 of the California Business and Professions Cade,which describes in detail geologic hazards,their location and the areas affected thereby, and.a plan for their prevention,mitigation, abatement and control thereof (Exhibit C}. i SHAPELL INDUSTRIES, INC. a Delaware corporation By: Date .l. Christian Truebridge Its Assistant'Vice President APNs: 206030-23,206-030-25, 206-030-28,206-030-33, and � 206030-35 i PONDER SA HOMES II,INC.; a Califo rpora ' n By: . Date C. chroeder 4tlslcle resident, APlvs: 205.030-26 and 206-030-27 Land A quisition and Planning 2 WC130771435,2 CONTRA COSTA RE INVESTORS,LLC, A California limited company By: Braddock&LoganServices,Inc., a California'corporation Its: Manager By: I- Date J p I s Rapbel 206-190-001, 206-190-002, 206-190-003,President APN 206-110-005, .206-190-006, 206-020-033, 206-220--001, '205-220-002-, 206-220-003, 206-220-004 DANVILLE TASSAJARA PARTNERS,LLC, a Delaware limited liability company By: LENNAR DOMES'OF CALIFORNIA,INC. a California corporation Its; Managing Member By: Date Lynn Jochim Its: Vice President APN 3 wc1301714381 CONTRA COSTA RE INVESTORS,LLC, A California limited company By: Braddock&Logan Services,Inc., a California corporation Its: Manager By: Date Joseph E.Raphel Its President APIC; DANVILLE TASSAJARA PARTNERS,LLC, a Delaware limited liability company By: LENNAR HOMES OF CALIFORNIA,INC. a'California corporation Its: Managing Member f By. Date � /05 Lyn ehim Its: Vice Pres' ent o2o pgc� oz.>`OAA 2or. tqo-,�>o ( Zc>&- lqp-'ooz Z o ra - [q p"C)O$` `1't o -=(3DG, qac -zzC+ -003 Low 3 ` WCl30171638.2 BXH IB I'1 A cs iR CD i4o Ol �'��tFt�Qt`tt� 3'�'t�t�t�Qt\ttM 906 SO Sz0£t 9076 do 92001 en rn � �� t1 "i302tt{d 't, aef t3� Wd' tl) —Wei eir r Lt Wd ?Z 13024vd oe "d 66 to c3 I cod co E sx z coro clcm1 ICDCD CL to cu (14 os ry X , tv> N { ` W to Ouj lq �.9t L,y ytt O rs 3u'uu •�s tth M «G"£56� Z It I Ow d' 44 CHAD BOUNDARY SUBDIVISIONS 8331, 8381, 8382,'8002,:8698 AND 8847 EXHIBIT B' BEING A PORTION OF SECTION 5, TOWNSHIP 2 SOUTH RANGE 1 EAST ANDA PORTION OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: >BEGINNING AT THE WEST '/ CORNER OF SAID SECTION 5, THE CALIFORNIA STATE PLANE COORDINATION SYSTEM 1983 DATUM COORDINATE IS N 2,284,370.68, E 6,438,799.75; THENCE FROM SAID POINT OF BEGINNING NORTH 01012'32" EAST 2576.36! FEET; THENCE. NORTH 0051'07" EAST 1400.45 FEET; THENCE SOUTH 87057'58" EAST 935.81 FEET; THENCE NORTH 00051'07" EAST 50.01 FEET; THENCE SOUTH 87057'5$" EAST 338.35 FEET; THENCE SOUTH 74024'09" EAST 1488.19'FEET; THENCE NORTH 7602629" EAST 948.20 FEET;'THENCE SOUTH 03°16'25" WEST 52.33 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1950,21 FEET, A RADIAL LINE TO SAID POINT OF BEGINNING BEARS NORTH 1259'15"WEST; THENCE EASTERLY 492,41 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°28'00",>'A CHORD DISTANCE OF 491.10FEET; THENCE SOUTH 88°41'01" EAST 918.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1950.20; THENCE EASTERLY 187.74 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 5030'56", A CHORD DISTANCE OF 187.67 FEET; THENCE NORTH 01°28'35" EAST 14.90 FEET TO THE BEGINNING OF A NON- TANGENT CURVE ONTANGENT'CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2296.66 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 05012'56" EAST; THENCE EASTERLY 214.43 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5020'58", A CHORD DISTANCE OF 214.35 FEET; THENCE SOUTH 79026'06" EAST 129.83 FEET; THENCE NORTH 78°02'16"WEST 347.00 FEET; THENCE NORTH 01 028'35" EAST 25.42 FEET; THENCE SOUTH 78002'16" EAST 840.37 FEET; 'THENCE SOUTH 0503328" EAST 1146.07 FEET; THENCE' SOUTH 02014'27"WEST 1660.66 FEET; THENCE SOUTH 72051'03" EAST 248.70 FEET; THENCE SOUTH 19°55'23"WEST 485.76 FEET; THENCE CHAD BOUNDARY SUBDIVISIONS 8331, 8381, 8382, 8002, 8698 AND 8847 SOUTH 19004'32" EAST 310,76 FEET; THENCE ' SOUTH 07028'37"WEST 231.'10 FEET; THENCE SOUTH 1402257" EAST 352.47 FEET"THENCE SOUTH 13032'28"WEST 520.13 FEET; THENCE SOUTH 37000'00"WEST 220.00 FEET; THENCE SOUTH 66045'00" WEST 552.17 FEET; THENCE SOUTH 07°30'00" EAST 160.52 FEET;`.THENCE SOUTH 05°30'00"WEST 1330.80 FEET; THENCE NORTH 71°34'38"WEST 133.16 FEET; THENCE` SOUTH 67°50'49'WEST 63.56 FEET; THENCE SOUTH 44021'33" WEST 305.22 FEET; THENCE NORTH 05059'20" EAST 375.19 FEET; THENCE NORTH 88049'33"WEST 3897.41 FEET; THENCE NORTH 00049'06" EAST 2652.17 FEET; THENCE' NORTH 89°01'17" WEST 1310.78 FEET CONTAINING 831.68 ACRES MORE OR LESS EXHIBIT "B"ATTACHED, AND BY THIS REFERENCE MADE APART HEREOF. Exhibit Revision 1 to the Wendt Ranch GHAD:Plan of Control WC1301*1838.2