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Home My WebLink AboutMINUTES - 03012011 - SD.4RECOMMENDATION(S): A. OPEN the public hearing and receive testimony. B. CLOSE the public hearing. C. ACCEPT the recommendation of the Contra Costa County Planning Commission (CPC), as contained in CPC Resolution No. 7-2011, which is attached as Exhibit 2 of this Board Order. D. ADOPT the Findings, as contained in the proposed Board of Supervisors Resolution No. 2011/79 (attached as Exhibit 1 to this Board Order), as the basis for the proposed General Plan Amendment and related actions. E. ADOPT Resolution 2011/79 to effect the following: (1) FIND that the proposed Negative Declaration is adequate for purposes of compliance with the California Environmental Quality Act (CEQA), and Contra Costa County CEQA Guidelines; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/01/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Cruz, (925) 335-1213 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. ATTESTED: March 1, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: SD. 4 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:March 1, 2011 Contra Costa County Subject:Hearing on a General Plan Amendment (File # GP080003) from Open Space (OS) to Office (OF)& Final Development Plan Modification (File # DP103004) (2) ADOPT the CEQA findings and the Negative Declaration; (3) ADOPT a General Plan Amendment to redesignate one acre of land located on the corner of Eagle Ridge Drive and Eagle Nest Place in the Blackhawk area from Open Space (OS) to Office (OF) and to allow the construction of a 2,160 square foot office building and twelve (12) parking spaces, and other related changes to the Final Development Plan; (4) ADOPT the proposed General Plan Amendment (County File #GP080003), including the specified change to the Land Use Element Map, as the First Consolidated General Plan Amendment for Calendar Year 2011; (5) ADOPT the proposed Modification to the Final Development Plan to allow the construction of a 2,160 square foot office building and twelve (12) parking spaces. In addition, the applicant requests the removal of one (1) ten-inch diameter Acacia tree, and work within the drip line of five (5) trees to allow for the construction of the driveway, office building, and parking lot improvements; and, (6) APPROVE and ADOPT enumerated Findings which establish the basis for the recommended actions. RECOMMENDATION(S): (CONT'D) F. DIRECT the Department of Conservation and Development to post the Notice of Determination with the County Clerk. FISCAL IMPACT: There is no fiscal impact. The applicant has paid fees to process this project and is obligated to pay supplemental fees for staff time and material costs, which exceed 100% of the initial fee deposit. BACKGROUND: The subject parcel is approximately 6.42 acres of open space located in the Blackhawk community. The site is located within a Planned Unit District (P-1) and presently is designated as Open Space (OS) under the Land Use Element Map to the Contra Costa General Plan (2005-2020). The site is surrounded by open space, parks and recreation, and single-family residential uses. The tennis courts are located on the adjacent property north of the site, while residences are located to the west and south of the subject site. Open space lies east of the subject property. General Plan Amendment The applicant requests a General Plan Amendment to re-designate one acre of the 6.42 acre site from Open Space (OS) to Office (OF). The remaining 5.42 acres will maintain the Open Space land use designation. Under the current General Plan designation, the establishment of office use is not permitted. The current General Plan designation would allow for resource management, such as maintaining critical marsh and other endangered habitats or establishing “safety zones” around identified geologic hazards. Other appropriate uses are low intensity, private recreation for nearby residents. The General Plan designation of Office (OF) allows facilities of an administrative character, including branch and head offices, multi-tenant structures and similar uses, and medical offices. The establishment of the Office (OF) designation on the one acre portion of the site would enable the Blackhawk Homeowners Association to establish an office in an accessible, central location to better serve the Blackhawk residents. The office development requires the removal of an existing outdoor volleyball court, and therefore, the project would not result in a substantial loss of a park and recreation amenity. The volleyball court is not heavily used and the remainder of the site (approximately 5.42 acres) would be largely retained for park and recreational activities. Final Development Modification The applicant also requests the approval of a modification to the Final Development Plan to allow the construction of a 2,160 square-foot office building and twelve (12) parking spaces. In addition, the applicant requests the removal of one (1) ten- inch diameter Acacia tree, and work within the drip line of five (5) trees to allow for the construction of the driveway, office building, and parking lot improvements. The proposed location of the office will be on the one acre northeastern portion of the 5.42 acre parcel. The property has a zoning designation of Planned Unit District (P-1). The Final Development Plan approved for the property does not allow for an office building. Thus, the applicant is requesting a modification to the Final Development Plan. The planned unit district is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes, and open space while insuring substantial compliance with the general plan. The proposed office building for the Blackhawk Homeowners Association (HOA) would be situated on-site rather than outside the project gates. The proposed location will provide convenience to the Association members, vendors, staff, and those providing services to the members of the community. The proposed office would be consistent with the intent and purpose of the approved Final Development Plan and the P-1 zoning district. Contra Costa County Planning Commission The Contra Costa County Planning Commission held a public hearing on January 11, 2011 to consider the proposed project. At the hearing, Ms. Po-Ying Chern property owner of 1061 Eagle Nest Place commented on the project. The comments made were in regards to the potential traffic, noise, and parking impacts resulting from the proposed project. Ms. Chern's residence is approximately 400 feet away from the proposed office location. After receiving public testimony, the Commission voted 4-1 to approve the modification of the final development plan with a condition that the office would strictly be used by the HOA. The Commission recommended that the Board of Supervisors approve the General Plan Amendment. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM Speaker: Mark Goldberg, Blackhawk Homeowners Association; Po Ying Chern, resident of Danville. CLOSED the public hearing; ACCEPTED the recommendation of the Contra Costa County Planning Commission (CPC), as contained in CPC Resolution No. 7-2011; ADOPTED the Findings, as contained in the proposed Board of Supervisors Resolution No. 2011/79 as the basis for the proposed General Plan Amendment and related actions; ADOPTED Resolution 2011/79 to: (1) FIND that the proposed Negative Declaration is adequate for purposes of compliance with the California Environmental Quality Act (CEQA), and compliance with the California Environmental Quality Act (CEQA), and Contra Costa County CEQA Guidelines; (2) ADOPT the CEQA findings and the Negative Declaration; (3) ADOPT a General Plan Amendment to redesignate one acre of land located on the corner of Eagle Ridge Drive and Eagle Nest Place in the Blackhawk area from Open Space (OS) to Office (OF) and to allow the construction of a 2,160 square foot office building and twelve (12) parking spaces, and other related changes to the Final Development Plan; (4) ADOPT the proposed General Plan Amendment (County File #GP080003), including the specified change to the Land Use Element Map, as the First Consolidated General Plan Amendment for Calendar Year 2011; (5) ADOPT the proposed Modification to the Final Development Plan to allow the construction of a 2,160 square foot office building and twelve (12) parking spaces. In addition, the applicant requests the removal of one (1) ten-inch diameter Acacia tree, and work within the drip line of five (5) trees to allow for the construction of the driveway, office building, and parking lot improvements; (6) APPROVE and ADOPT enumerated Findings which establish the basis for the recommended actions. and DIRECTED the Department of Conservation and Development to post the Notice of Determination with the County Clerk ATTACHMENTS Resolution No. 2011/79 Exhibit 1 CCC Planning Commission Resolution Findings & COA CEQA Determination Initial Study Comments Received CCC Planning Commission 1/11/11 Staff Report Maps Plans for Proposed Office Building Notification List