HomeMy WebLinkAbout2012-01RESOLUTION NO. 2012-01
DETERMINATION THAT CONTRA COSTA COUNTY FLOOD CONTROL &
WATER CONSERVATION DISTRICT'S PROPOSED VACATION AND QUIT
CLAIM OF A PORTION OF THE EXISTING ACCESS EASEMENT ALONG SAN
RAMON CREEK AFFECTING 363 DIABLO ROAD (i.e., 3512 O.R. 157 AND 3512
O.R. 164) IS CONSISTENT WITH THE DANVILLE 2010 GENERAL PLAN
WHEREAS, a grant of easement along the north side of San Ramon Creek was issued to
the Contra Costa County Flood Control & Water Conservation District (District) on
December 10, 1959 over the properties currently identified as 363 Diablo Road; and
WHEREAS, the District has determined that a portion of the access easement is no
longer necessary for District use and that it may grant the request initiated by the
property owner's representative (i.e., John Favreau with JRS Realty Partners, LLC) to
vacate a portion of the District's easement; and
WHEREAS, the District, serving as the lead agency for the proposed vacation and quit
claim, has determined the request is exempt from the California Environmental Quality
Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines (general
rule which exempts activities that can be seen with certainty to have no possibility for
causing a significant effect on the environment); and
WHEREAS, the District has requested the Town of Danville have the proposed
vacation and quit claim considered by the Danville Planning Commission pursuant to
California Government Code Section 65402(c), which states that a local agency shall not
acquire or dispose of real property or authorize construction of a public building or
structure until the location, purpose and extent of such action have been analyzed as to
conformity with the affected jurisdiction's General Plan and have been reported to the
planning agency having jurisdiction over the adopted General Plan; and
WHEREAS, at its meeting held on February 28, 2012, the Planning Commission of the
considered whether the proposed vacation and quit claim of the subject flood control
access easement is consistent with adopted Danville 2010 General Plan for location,
purpose and extent of use as required by Government Code Section 65402(a); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony
and information contained in the staff report and the comments and discussion of the
Commission; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville makes the
following findings:
PAGE 1 OF RESOLUTION NO. 2012-01
• The proposed vacation and quit claim of a portion of an existing flood control
access easement benefitting the Contra Costa County Flood Control & Water
Conservation District is consistent with the Goals and Policies of the Danville
2010 General Plan; and
• The proposed vacation and quit claim is exempt from the California
Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of
the CEQA Guidelines.
APPROVED by the Danville Planning Commission at a regular meeting on February
28, 2012 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Nichols, Overchasier, Morgan, Bock - Wilmes, Radich
Graham, Attwood
VIu
APPROVED AS TO FORM:
" � L
City Attorney
Chief o �nnig
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