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Home My WebLink AboutMINUTES - 03152005 - 2005 RES 172 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on March 15, 2005, by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: SUPERVISOR MARY PIEPHO ABSTAIN: NONE RESOLUTION NO. 2005/ 1.72 SUBJECT: Notification of Hearing to Consider an Amendment to the Flood Control Zone 2 Boundary(Kellogg Creek Watershed),Engineer's Report,and to DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA), Byron Area. (Project No. 7521-8219-04, CP No.: 04-27) The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control &Water Conservation District, RESOLVES THAT, The Contra Costa County Flood Control and Water Conservation District Act,hereinafter referred to as Act,provides authority for the filing of supplementary,amendatory and additional zone plans and engineer's reports. This Board has before it for consideration an amendment to the zone boundary for Flood Control Zone 2. The amendment provides for updating the zone boundary to be consistent with Flood Control Zone 1 Boundary, which was amended on August 2, 1994. G:\Grp I hereby certify that this is a true and correct co of an G:IGrpDatatFldCtllBoatdarders Zoos on�ara�zoos Bo Y Y copy \FCZ 2 Boundary C EO Notice Reso 3-15-05.doc action taken and entered on the minutes of the Board of Orig.Dept.:Public Works(Flood Control) Supervisors on the date shown. Contact: Bob Faraone(925)313-2390 cc: County Administrator County Assessor County Auditor-Controller MARCH Z s 2005 Building Inspection ATTESTED: i CormtmnnityDevelopmrtent JOHN SWEETEN, Clerk of the Board of Supervisors and County Counsel County Administrator County Treasurer-Tax Collector Public Works: Flood Control Engineering Services Environmental By r Deputy Building Industry Association P.O.Box 5160 San Ramon,CA 94583 RESOLUTION NO. 2005/ 172 SUBJECT: Notification of Hearing for Amendment of Flood Control Boundary for Flood Control Zone 2 DATE: March 15, 2005 PAGE: 2 This Board also has before it the engineer's report entitled"Engineer's Report for Amendment to the Flood Control Zone Boundary for Contra Costa County Flood Control and Water Conservation District Zone 2,"and zone boundary map entitled"Flood Control Zone 2,Kellogg Creek Watershed, Amended Boundary Map,FD-3199,"dated January 19,2005,and the Determination of Exemption from CEQA. Said documents,which show the Flood Control Zone 2 Boundary revisions,are on file with, and maybe examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that the Engineer's Report be ACCEPTED; the Flood Control Zone 2 Amended Boundary Map,FC-3199,dated January 19,2005,be INSTITUTED; and the activity be determined not subject to CEQA. At 9:30 a.m. on April 12, 2005, in the Chambers of the Board of Supervisors, Administration Building,Martinez,California,this Board will conduct a public hearing on the proposed amendment to the zone plan. At said hearing,this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed amendment to the zone plan or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing,pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Contra Costa Times, a newspaper of general circulation, circulated in Flood Control Zone 2. Publication shall be completed at least seven(7) days prior to said hearing and said notice shall be given for a period of not less than twenty(20) days. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Section 54986(a) and 66016(x). Said mailing shall be performed at least fourteen(14)days prior to the hearing. RESOLUTION NO. 2005/172 ENGINEER'S REPORT FOR AMENDMENT TO THE FLOOD CONTROL ZONE BOUNDARY FOR CONTRA COSTA COUNTY FLOOD CONTROL AND NATER CONSERVATION DISTRICT ZONE 2 PREPARED By BOB FARAONE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CA 94553 FEBRUARY 2005 ENGINEER'S REPORT-FLOOD CONTROL ZONE 2 FEBRUARY 2005 PAGE 2 1. RECOMMENDATION It is recommended that: a. The Contra Costa County Flood Control and Water Conservation District, Flood Control Zone 2 Boundary be AMENDED to reflect Flood Control Zone I Boundary change Amended in 1994. b. The Amendment reflecting the boundary change is determined exempt from California Environmental Quality Act. 2. FLOOD CONTROL ZONE LOCATION AND DESCRIPTION Flood Control Zone 2,the Kellogg Creek Watershed, is located in East Contra Costa County. The major creeks in this watershed are Kellogg Creek, Brushy Creek and Frisk Creek. In general, the flood control zone is bound by Marsh Creek Road on the north, Alameda County, to the south, Byron Highway to the east, and Morgan Territory Road to the west. A boundary description is attached as Exhibit"A." The specific location of the flood control zone is shown on Contra Costa County Flood Control and Water Conservation District, Flood Control Zone 2, Kellogg Creek Watershed, Amended Boundary Map, File No.FD-3119. Flood Control Zone 2 encompasses approximately 72 square miles. The topography of the watershed can be split into two distinct areas: the upper hillside areas to the west and the valley floor. The upper watershed is steep with rocky slopes covered with annual grasses. Much of this land is used for grazing. The valley floor is characterized by nearly flat slopes. This land is made up of orchards, truck crops, small grains and grazing. The Town of Byron is located within Flood Control Zone 2. 3. REASON FOR THE FLOOD CONTROL ZONE AMENDMENT In August 1994, the adjacent Flood Control Zone 1 Boundary and Plan were Amended due to recent improvements in topographic survey information. Flood Control Zone 2 boundary has not been changed since its formation in 1954. The proposed Boundary amendment updates the Zone 2 boundary to coincide with the amended boundary of Flood Control Zone I watershed. 4. PROJECT FINANCING The existing zone plan will not change. Construction funding of the Flood Control Zone 2 flood control improvements shown on the zone plan will be generated by development drainage area fees. The fee ordinance now in effect for the zone plan drainage improvements will not change by this action. 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT It has been determined that the boundary change activity is not subject to the CEQA pursuant to Article 5, Section 15061 (b)(3), and Article 20, Section 15378 (b)(4) of the CEQA guidelines. RVF: G:\GrpData\FidCtl\Bob\FCZ 2 Boundary A.doc { Aa 4 a Cal 1 o t 1 ` w t`'•CJ t l } l 4` �i KELLOGG CREEK WATERSHED FLOOD CONTROL ZONE 2 AMENDED BOUNDARY Real property in the unincorporated southeastern portion of Contra Costa County, California, the boundary of which is described as follows: Beginning on the centerline of Marsh Creek Road at the northwest comer of Section 36, Township 1 North, Range 2 East, Mount Diablo Meridian; thence from the Point of Beginning, easterly 27,720 feet, more or less, to the north quarter comer of the northwest quarter of Section 35 (TIN, R3E); thence southerly 2,640 feet, more or less, to the south quarter corner of said northwest quarter, thence easterly 1.,320 feet, more or less, to the center of said Section 35;thence southerly 1,320 feet,more or less,to the west quarter corner of the southeast quarter of said Section 35; thence easterly 1,320 feet, more or less, to the center of said southeast quarter,thence southerly 2,640 feet, more or less, to-the center of the northeast quarter of Section 2 (TIS, R3E); thence westerly 1,320 feet, more or less, to the west quarter corner of said northeast quarter; thence southerly 13,200 feet, more or less, to the west quarter corner of the southeast quarter of Section 14 (TIS,R3E); thence easterly 2,640 feet, more or less, to the east quarter comer of said southeast quarter of Section 14; thence southerly 1,320 feet,more or less, to the northwest comer of Section 24 (TIS,,R3E); thence along the north he of Section 24, easterly 504.9 feet,to the northwest corner of that 25.75 acre parcel described in the deed to Dan Gianni et ux. recorded April 25, 195 1, County Recorders' Series No. 20358; thence south 10°40' west 1,327.92 feet, to the southwest corner of said Gianni parcel;thence east 1,082.4 feet, to the southeast corner of said Gianni parcel, also being the center of the northwest quarter of said Section 24; thence southerly 2,640 feet, more or less, to the center of the southwest quarter of said Section 24; thence easterly 1,320 feet to the east quarter corner of said southwest quarter of Section 24; thence southerly 1,320 feet, more or less, to the south quarter corner of said Section 24; thence easterly 5,280 feet,more or less,to the north quarter corner of Section 30(TIS,R4E); thence along the mid-section line, southerly 4,500 feet, more or less, to the boundary of Contra Crista County; thence along said boundary, southwesterly 55,200 feet, more or less,to the east line of the southwest quarter of Section 9 (T2 , R2E), also being the most southern. comer of Drainage Area. 109 established December 20, 1994 by Contra Costa County Resolution 94/634; thence leaving the boundary of Contra Costa County and following the boundary ofDrainage Area 109 in a general northwesterly direction 28,065 feet, more or less, to its junction with the boundary of Drainage Area 108 established August 28, 1990 by Contra Costa County Resolution 90/587; thence along the boundary common to Drainage Areas 108 and 109 in a general northeasterly direction 45,530 feet, more or less, to the southwest corner of Section 36 (TIN, R2E); thence leaving the boundary common to Drainage Areas 108 and 109, northerly 5,280 feet, more or less, to the northwest corner of said Section 36, the Point of Beginning. May 29,1996 �j:ltlsicttl warklkclldgt5 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: Project No.7521-8219-04 CP NO.: 04-27 ACTIVITY NAME: Flood Control Zone 2 Plan - Amend Boundary DATE: July 28, 2004 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act(CEQA) pursuant to Article 5, Section 15061 (b)(3) and Article 20, Section 15378 (b)(4) of the CEQA Guidelines. It can be seen with certainty there is no possibility that the activity may have a significant adverse effect on the environment, therefore the activity is exempt from CEQA. [Article 5, Section 15061 (b)(3)] In addition, this activity is not a project under CEQA. A project does not include the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. [.Article 20, Section 15378(b)(4)] DESCRIPTION OF THE ACTIVITY: The activity consists of revising the Flood Control Zone 2 (FCZ-2) Plan boundary to align with the amended boundary of Flood Control Zone 1 (FCZ-1). In August 1994, the adjacent FCZ-1 boundary (southeast) was revised to support development in the area. The revision changed .FCZ 2's northwest boundary. However, FCZ--2 has not been revised to reflect the boundary change since its formation in 1954 (Fig. 3). FCZ-1 is within the Marsh Creek Watershed. FCZ--2 is within the Kellogg Creek Watershed and contains three major creeks, Kellogg Creek, Brushy Creek, and Frisk Creek. FCZ--2 is bounded by Marsh Creek Road (north), Alameda County line (south), Byron Highway(east), and Los Vaqueros Reservoir (west). (Fig. 4) Construction of the regional flood control improvements on the zone plan will be from development drainage area fees and any impacts associated with the improvements will be addressed by the developer's CEQA analyses. The fee ordinances now in effect for the drainage areas will not change as a result of the activity. LOCATION: The activity is located in unincorporated East Contra Costa County in the Byron area. (Figure 1-4). REVIEWED BY: Gam" DATE: b Le' h Chavez PI er 111 APPROVED BY: < DATE: Community Development Representative G:\GrpData\Engsvc\eNV1R0\F1ood Control\FCZone 2 Amend Plan 6oundary\CEQAQetExempt.docs t 0 � m � tp ,i V} N 3. p .....v. m ' ITZZ C� v{i'} *4 IMS wow �'' r r'kr � 1�`i �1" 3� '� ;.� i x�(aa.; Psr:: i T � � 4��1�y��j �- � �V i � �'` � , , a � � � � �� E, �_ `�—. y . ^_ l'14I1 v4G t #'dF''„'y y Yy '.`['"`�v 1t-,�`Vj �'' � ,�`� �,� ,.`ifs �`-��s' ��++i� `moi �.\ � �� t�l ��r �$ a� �ga6��u�,�+ d �� 4.} f, ., 09 f �ry�, ` +"' O � � � l r �.J � d �q V C,�} •y C � � s. � ''i� ''��k�n��i i" �j�A 5 t �, �}. ft.,fix F t .�!ydi' ��L s K � N w Z 5 t � � a r 6 yA w.+ M n � Vis, s i 1 t � IS,b 61 mr �• t+ ,� V ` to��' � .. �w�at'' 1 v1c�v y, �;;tip± ttl, d....... �V V -�•-.�t:.. �� 13{•tfi�{p .s �1�. � IV .�,�:-.y."'�.�: EJ^.+t•_�. .. ��• .�.... t� �Y'� iyils Ui tts •� v t" ;�.»\"'";.4 hit �U vl�,�� cv.Nr VY.ty' N �Aqi Ilk ta 13 nq A u V; z bt ym rt Y a , ,M CALIFORNIA ENVIRt0N1vlENTAL tUAL'TY ACT otice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellaren - Public Works Dept. Project Description, Common Name (if any) and Location: Flood. Control Zone 2 Plan - Amend Boundary, County File C.P#04.2'7. Project Description: The activity consists of revising the Flood Control Zone 2 (FCZ-2) Plan boundary to coincide with the amended boundary of Flood Control Zone 1 (FCZ-1). In August 1994, the adjacent FCZ-1 boundary(southeast)was revised to support development in the area. The revision inadvertently changed FCZ 2`s northwest boundary. But, FCZµ2 has not been revised to reflect the boundary change since its formation in 1954. FCZ-1 is within the Marsh Creek Watershed. FC-2 is within the Kellogg Creek Watershed and contains three major creeks; Kellogg Creek, Brushy Creek, and Frisk Creek. FCZ-2 is bound by Marsh Creek Road (north), Alameda County line (south), Byron Highway (east), and Los Vaqueros Reservoir(west). Construction of the regional flood control improvements on the zone plan will be from development drainage area fees. The fee ordinances now in effect for the drainage areas will not change as a result of the activity. Location: The activity is located in unincorporated East Contra Costa County in the Byron area. This project is exempt from CEQA as a: Ministerial Project(sec. 15263) _ Other statutory Exemption, Section Declared Emergency(Sec. 15269(x)) ✓ General Rule of Applicability[Section 15061(b)(3)j _ Emergency Project(sec. 15269(b)or(c)) Categorical Exemption, for the following reason(s): 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 y California Public Resources Code Section 21152(c). said notice will remain posted for 30 I days from the filing date. 1 r Signature Title i Applicant: County Public Warks department 255 Glacier Drive Martinez, CA 91553 Attn: Trina T orres County Clerk Fee $50 Clue G:\GmData\EngSvc\ENVIR01Eiood Controi\F=one 2 Amend Plan Boundary\CEQA\NOE.doc