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Home My WebLink AboutMINUTES - 04122005 - 2005 RES 212 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE FLOOD CONTROL &WATER CONSERVATION DISTRICT Adopted this Resolution on April 12, 2005,by the following vote: F 2- i AYES: tc _y NOES: � - ABSENT: ABSTAIN: hC RESOLUTION NO, 2005/z2102. SUBJECT: The Amendment of Contra Costa County Flood Control and Water Conservation District Zone 2 Boundary(Kellogg Creek Watershed), and determination that the 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, Byron area. Project No. 7521-6D82193, CP# 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; On March 15,2005,this Board set a public hearing to consider an amendment to the zone boundary for Flood Control Zone 2. On April 12, 2005, pursuant to the Board's Resolution of March 15, 2005, this Board held a hearing to consider the amendment to the zone boundary for Flood Control Zone 2. At that time, all written and oral obj ections concerning this action were considered. RVF:cw G:\GrpData\F1dCt1\Board Orders 2005 Onward \2005 BO\FCZ 2 Boundary Res Hearing 4-12-05.doc Orig.Dept.:Public Works(Flood Control) I hereby certify that this is a true and correct copy of an Contact: Bob Faraone(925)313-2390 action taken and entered on the minutes of the Board of cc: Public Works: Flood Control Supervisors on the date shown. Engineering Services p Environmental—T.Torres Building Inspection Community Development—D.Kelley ATTESTED: County Administrator JOHN SW EE EN, lerk of the Board of Supervisors and County Assessor County Auditor—Controller County Ad IStrator County Counsel County Treasurer—Tax Collector Building Industry Association By. �� , Deputy P.O.Box 5160 San Ramon,CA 94583 RESOLUTION NO. 2005/ --0/2 SUBJECT: Amendment of the Flood Control District Zone 2 Boundary DATE: April 12, 2005 PAGE: 2 L This Board hereby FINDS that any valid protests filed do not represent more than one-half of the assessed valuation of real property contained in Flood Control Zone 2. This Board also FINDS that no written petition for an election,signed by at least twenty-five percent of the registered voters within the proposed flood control zone, has been filed. It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duly, regularly given and all procedures to be followed have been followed, all in accordance with Section 11 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act and in accordance with the provisions of the Board's Resolution of March 15, 2005. This Board DETERMINES that the boundary amendment for Flood Control Zone 2, 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. This Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption, (the custodian of which is the Chief Engineer,who is located at 255 Glacier Drive,Martinez). This Board further AUTHORIZES the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to arrange payment of a$25 fee to the Community Development Department for processing and a$25 fee to the County Clerk for filing the Notice of Exemption. This Board hereby ACCEPTS the Engineers Report and FINDS that good cause exists for the amendment of the zone boundary for Flood Control Zone 2 and ORDERS that the zone boundary, as shown on the map entitled"Flood Control Zone 2,Amended Boundary Map FD-3119 dated January 19,2005,"proposed to be instituted for Flood Control Zone 2 and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED. 4 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: Project No:�'-�`"Q-0^ CP NO.: 04-27 -7 �5a ( -t.,pD l 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: DATE: � bq Le' h Chavez Pla'nrier III Df APPROVED BY: �Ce�L DATE: Community Development Representative G:\GrpData\EngSvc\ENVIRO\Flood Control\FCZone 2 Amend Plan Boundary\CEQA\DetExempt.docs T �r ryY t fi rt lc aA{ a t X c^y%4 CD O �? raro p. H iro e ,..� 0 /CD J I 0 CL 0 0 v 9k) vCDm CD —� I a = = N o 0 CD co 0 a b � O No rn 0 C) CD 0Zy 'b /rr ° I u r' 0 O o 0 0 C7 Q rMIL Al sv �■ ts:i„tom �s: l J �' t.�1;�., .g"r ^.«e?r+ ♦S"y�r ,.t��* "s:r>d r°•= r s - • �,k'rt�4Y,wr. �r,:. r r}y � „.t,4 tt-, v , • �i{f�e.Se^ Jam+�Ca !r w i dop A• • . . • o � o • l- v 44 r 41 • O 0 ,4�.'F4.•i' F i ro3 vi TaY�'° o K•-• �n��e+�,t,��,r�r��e'x��gg� � x 1�M'�7�'i'� ��ri�f� /lv�� £ ��-aka�f f �.13�.�a k' a•,Q'�.`k A}'"fib e ♦�+�� o yr n n } N r r p�G«tai .' 1.�� £. ° i •'3.§ V.,'44 7 ? }` aar M.� r._ �f rS1- `a t•a�3,»f L3`6ti�iP J R •.w t n.. t ,,r i o i CD N � v � bd 0 a t� ti f t' ,. 4 'yx 4s� Q Ok , 1 R3 Z5 0 eo • = r Ca saw R4E ,�' �+ ►R►� `�/rte .,�,_,,•� • ro 09 a. cl Im to .� N o is � - J, I \ L _. S ... ....._ _...�_.___ .......,... .___..... JJ I _C • - � � -f 1 , to to I v�aw i ° 1 1 1 li �. , I , , � m ( i . N j un 9p { N a ' i Crf cn ( �70> - --- ; f- M J „y 9 W T S d oo z 'fir y 1 Jr ; z E { { f , t� Ln 7, 1F z , _- - i� _ r _ , 2i -4 i pOlIGPD ir O rucoH -., �vvJ - L r- - - m T 81'ItNv76 -.m _. f I N TH (f1+1J � JJii Lw N r\ Elk i ! O In z A O Ono W M Zco m 0 E g o mm CALIrVRI`JIA ENVIROI`vMEN-rA' CV%Ll-rY ACT tl o ce of E 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 Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: Flood Control Zone 2 Plan - Amend Boundary, County File CP#04-27. 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, FCZ-2 has not been revised to reflect the boundary change since its formation in 1954. 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 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 zonelan will be from development p p 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. 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, for the followl-ing reason(0: 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: t County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee $50 Due G:\GrpData\En9Svc\ENVIR0\Flood Control\FCZone 2 Amend Plan Boundary\CEQA\NOE.doc . CAL.IFORINIA ENVIRONMENTAL CUALIT ACT Noti*ce o 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 Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: Flood Controls Zone 2 Plan - Amend Boundary, County File CP#04-27. 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,FCZ-2 has not been revised to reflect the boundary change since its formation in 1954. 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 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. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(x)) ✓ General Rule of Applicability[Section 15061(b)(3)] Emergency Project(Sec. 15269(b) or(c)) Categorical Exemption, for the folio i—L-ng reason(s): It can be seen with certainty that there is no possib':Iity 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: Trina Torres County Clerk Fee $50 Due G:\GrpData\En9Svc\ENVIR0\Flood Control\FCZone 2 Amend Plan Boundary\CEQA\NOE.doc