HomeMy WebLinkAboutMINUTES - 12142004 - C122 TO: BOARD OF SUPERVISORS
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FROM: DENNIS M. BARRY, AICP `:; O t
C sa
COMMUNITY DEVELOPMENT DIRECTOR •
County
cu"v"'
DATE. DECEMBER 14, 2004 ,
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SUBJECT: PROPOSED TRANSFER OF A PORTION OF DEED-RESTRICTED COMMON AREA
AND EXISTING IMPROVEMENTS TO A PRIVATE RESIDENTIAL LOT LOCATED
AT 201 SOUTH RIDGE COURT IN THE BLACKHAWK RESIDENTIAL
DEVELOPMENT, IN THE DANVILLE/BLACKHAWK AREA. COUNTY FILE
#DP043088. (DISTRICT 111)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. FIND for purposes of compliance with the California Environmental Quality Act that the project
is Categorically Exempt, Class 5-Minor Alterations in Land Use Limitations, CEQA Guidelines
Section"!5305(a).
2. AUTHORIZE the proposed use of open space land on which the development rights have been
conveyed to the County.
3. DIRECT the Community Development Dept. to file the Notice of Determinati with the County
Clerk. 1411
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR REC MMENDATION OF
BOARD COMMITTEE
:.'APPROVE OTHER
SIGNATURE(S):
ACTION OF B ON 1 APPROVED AS RECOMMENDED •.0
OTHER ? r
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS (ABSEN-1CORRECT COPY OF AN ACTIONTAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN
Contact: Will Nelson (925) 335-1208 ATTESTED _e
Orig: Community Development Department JOHN SWEETEN, CLERK OF THE BO XRD OF
cc: Paul Lam SUPERVISORS AND COUNTY
Blackhawk Homeowners Association ADMINIST TOR
File
BY
D Y
December 14, 2004
Board of Supervisors
County File#DP043088
Page 2
FISCAL IMPACT
None.
BACKGROUND / REASONS FOR RECOMMENDATIONS
Application to Amend the Blackhawk Final Development Plan
This matter concerns a request by a private property owner, Mr. Paul Lam, to allow the
transfer of a portion of a common area parcel that has been improved with a fence and a
section of driveway for the purpose of attaching it to an adjacent residential lot.
The County approved the Final Development Plan for this portion of the Blackhawk
development in the mid-1980s (County File #DP3003-84). As a condition of approval of the
project, the developer was required to convey to the County the development rights over the
project's common open areas. The intent of this action was to protect these common areas.
The Blackhawk Homeowners Association owns these common areas.
The applicant's property is separated from the adjacent right-of-way, South Eagle Nest Drive,
by a landscaped buffer and the County holds the development rights over the buffer. Since the
applicant bought the property nine years ago, he has been caring for a portion of the
landscaped buffer under the assumption that it was part of his lot. A recent survey indicates
that not only is the buffer actually part of the homeowners association's common area
property, but that a portion of the applicant's driveway is also located in the common area.
The applicant and the homeowners association wish to remedy this situation by completing a
lot line adjustment to reconfigure the property line so that it would trace around the edge of the
driveway. By doing this, the entire driveway area would be included as part of the applicant's
property. This would ultimately result in the transfer of 1,540 square feet from the homeowners
association's property to the applicant's property.
Situations like this necessitate the County to take two preliminary actions before it can approve
a lot line adjustment. First, an amendment to the Final Development Plan must be approved to
allow the reconfiguration of the subject parcels. Second, the County must authorize the
proposed transfer of the deed-restricted area.
Zoninq Administrator Decision
On November 15, 2004, after determining that the proposed changes do not constitute a
substantial modification to the Final Development Plan, the Zoning Administrator conditionally
approved the proposed amendment to the Final Development Plan. The approval became final
on November 29, 2004.
December 14, 2004
Board of Supervisors
County File#DP043088
Page 3
Board Authorization for Use of Deed-Restricted Area
To address the existing encumbrance held by the County over the affected land, the Zoning
Administrator's approval was made subject to a requirement that the Board of Supervisors first
authorize the proposed project.
Conclusion
In recent years Staff has discouraged the transfer of common area within Blackhawk to private
residential lots. Staff's rationale is that the Blackhawk community and the County should
formulate an overall plan for such modifications to the Final Development Plan to replace the
recent piecemeal approach. However, the present proposal is unique and would not create a
precedent that would encourage other transfers of common area that could be detrimental to
the community.
Staff supports the applicant's proposal and recommends that the Board authorize the
proposed transfer so that the lot line adjustment application can proceed. The proposed
adjustment would establish a property line that would fit much more sensibly with the existing
site development. Staff is satisfied that there would be no negative impact to the community,
as the amount of land to be transferred is insignificant and no change in land use is
foreseeable.
FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #DP04308
AS APPROVED BY THE COUNTY ZONING ADMINISTRATOR NOVEMBER 1
20040
DEVELOPMENT PLAN FINDINGS:
A. PLjMase of District: This portion of the Blackhawk Country Club was established by
approval of a rezoning, County File #1 840-RZ and the approval of the associated final
development plan, County File #3003-84. The purpose of these approvals was to allow
development of a gated residential neighborhood and associated golf courses. The
proposed amendment to the development plan is extremely minor and would not interfere
with the purpose and intent of the Planned Unit District.
B. Desi g!1 Objectives and Architectural Com patibility: No physical changes are proposed.
There would be no aesthetic impacts or concerns related to architectural compatibility.
CONDITIONS OF APPROVAL
1. Approval is granted to amend County File #3003-84, to allow 1,540 square
feet of land to be transferred from the Blackhawk Country Club to an.
adjacent residential parcel as shown on the plans received by the
Community Development Department, dated October 14, 2004.
2. Applicant Obligation for Fees to Cover Staff Time &Material Costs—This
application is subject to an initial application fee of$1,000.00, which was
paid with the application submittal, plus time and material costs if the
application review expenses exceed 100% of the initial fee. Any additional
fee due must be paid within 60 days of the permit effective date or prior to
use of the permit, whichever occurs first. The fees include costs through
i
permit issuance plus five working days for file preparation. The applicant
may obtain current costs by contacting the project planner. If the applicant
owes additional fees, a bill will be sent to the applicant shortly after permit
issuance.
3. Board of Supervisors Authorization Required — The common area
proposed for transfer is encumbered by a grant deed of development rights
held by the County. This approval is contingent upon a Board of
Supervisors authorization to allow the proposed transfer of common area
property to a private residential lot.
4. Required Approval of Lot Line Adjustment — Before the transfer of
property can be completed, the applicant shall obtain approval of a lot line
adjustment and shall complete the conditions of approval of that
application.
COA-1
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF
APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL.
ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE
APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH THE
DEVELOPMENT.
A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS,
RESERVATIONS, AND/OR OTHER EXACTIONS PERTAINING TO THE
APPROVAL OF THIS PERMIT.
This notice is intended to advise the applicant that pursuant to Government Code
Section 66000, et seq., and the applicant has the opportunity to protest fees,
dedications, reservations, and/or exactions required as part of this project approval.
The opportunity to protest is limited to a 90-day period after the project is approved.
The 90-day period, in which you may protest the amount of any fee or imposition of
any dedication.) reservation, or other exaction required by this approved permit, begins
on the date this permit was approved. To be valid, a protest must be in writing
pursuant to Government Code Section 66020 and delivered to the Community
Development Department within 90 days of the approval dated of this permit.
B. Applicant must comply with the requirements of the Building Inspection
Department.
COA-21
Agenda Item
I
Community Development Contra Costa County
COUNTY ZONING ADMINISTRATOR
MONDAY, NOVEMBER 15, 2004
I. INTRODUCTION
PAUL LAM (A-P-Plicant)_ - BLACKHAWK HOMEOWNERS ASSOCIATION
,(Owner), County File #DP043088: Applicant requests approval of an amendment to
the final development plan for a portion of the Blackhawk Country Club, County File
#3003-84,, in order to allow the transfer of 1,540 square feet of property owned by the
Homeowners Association to an adjacent private residential parcel. The subject
property is located at #201 South Ridge Court, in the Blackhawk area. (Zoning: P-1;
General Plan: Single-Family Residential Low-Density; Zoning Atlas: T-19; APN:
220-580-0015 220-590-001; Census Tract: 3551.03).
11. RECOMMENDATION
Staff recommends that the Zoning Administrator approve County File #DP043088,
based on the attached findings and subject to the attached conditions of approval.
111. GENERAL INFORMATION
A. General Plan: Single-Family Residential Low Density(SL).
B. Zoning: Planned Unit Development(P-1)
C. CEQA.Status: Class 5 Categorical Exemption [CEQA Guidelines §15305(a)].
D. Previous-Applications: None
IV. PUBLIC COMMENTS
Blackhawk Homeowners Association: In a letter dated May 10, 2004, Mark Gross,
Community Manager of the Blackhawk Homeowners Association, stated that the
Z)
Association's Board of Directors supports the applicant's request.
V. PROPOSED PROJECT
The applicant requests approval of an amendment to the final development plan for the
Blackhawk Country Club to allow the transfer of 1,540 square feet of property from
the County Club to a private residential parcel.
V1. STAFF ANALYSIS & DISCUSSION
A. Appropriateness of Request: The applicant's property is separated from South
Eagle Nest Drive by a landscaped buffer. Since the applicant bought the property
nine years ago, he has been caring for some of this landscaping under the
assumption that it was part of his lot. A recent survey indicates that not only is this
landscaped area actually part of the Association's property, but that a portion of
the applicant's driveway is also located on the Association's property.
The applicant wishes to remedy this situation by completing a lot line adjustment
to establish a new lot line that would trace around the edge of the drive-way. This
would result in the transfer of 1,540 square feet from the Homeowners
Association's property to the applicant's property.
The property to be transferred is encumbered by a grant deed of development
rights held by the Countv. The Board of Supervisors must agree to vacate the
development rights before the lot line adjustment can be completed.
The lot line adjustment also cannot be completed until the final development plan
for the area is amended. Staff sees no drawback to amending the plan. The amount
of land to be transferred is insignificant and no change in land use is foreseeable.
The Association is in the process of adding the landscaped area to its irrigation
system, so maintenance of the area would continue.
B. General Plan & Zoning Compliance: This proposal has no General Plan
ramifications. The zoning standards and dimensions for the residential lot were
established by the approved final development plan. Approval of this amendment
to the development plan would establish new dimensions for the property. The
setback to the residence would increase, as the property line would move closer to
th e street.
VII. CONCLUSION
The requested final development plan amendment is Justifiable because it would allow
the landscaping and driveway to be transferred to their appropriate owners without
resulting in any impact to the neighborhood. Therefore, Staff recommends approval of
County File #DP043088, the proposed amendment to the final development plan for
the Blackhawk Country Club.
SR-?
October 12,2004
County Planning Department
Contra Costa County, California
Reference: 201 South Ridge Court,Danville, California 94506
Parcel: 220-580-001 & 220-590-001 Zoning District: P-1,Atlas Map: T-19
Dear County Planning Department,
I reside at 201 South Ridge Court,Danville, California 94506. 1 have lived at this
home for close to nine years. Recently I discovered that part of my fence sits on the
Blackhawk Homeowner Association's land. The previous owner made the
construction of this fence over 12 years ago. The Board of Directors of Blackhawk
HOA has agreed to covert the encroachment into my property (please see attached
letter dated May 10 2004 from Mr. Mark Goldberg of Blackhawk HOA). On June
16 2004,1 met with Mr. Bob Drake and discussed the above lot line adjustment
proposal. Mr. Drake was very supportive and explained the process that I need
follow to make it happen. He was kind enough to also provide me the necessary
forms and marked up the items I need for submission. I am now submitting the
official application for lot line.
Together with this letter, I am submitting the following:
1. CC Community Development Department Application
2. CC Administrative Review Application
3. 3 copies of the Plot Plan showing property lines, intersection of property
lines, existing and proposed changes to property lines, north arrow and
scale, driveway layout, sketch showing parcel.
4. Photos of project site
5. Check for $1500($1000 for base fee,and $500 for lot line adjustment
6. Letter from the Blackhawk HOA approving this lot line adjustment.
Your expedited approval of this application is appreciated. Once we get your
approval, we will prepare a legal description of the new lot line and record that
according with the county.
Thank you very much for your assistance in this matter.
grads,
PAUL LAM
Owner
201 South Ridge Court, Danville, California 94506
Tel: 9215-286-9898 Fax : 925-397-3118 Email: Plain(W),zentechherbal.com
Cc. Mr. Bob Drake
.l
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(73kn
4125 Blackhawk Plaza Circle, Suite 230, Danville, California 94505
Telephone: (925)736-6440;'Fax(925)736-0428
E-mail Address: blckhwk@Pacbell.net
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Nrr,��r�}• ... t�E�,�" RE: Paul and Ellen Lam Residence Lot Line
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^ °' wa ��^ This memo will confirm in greater detail the message that I left on your voice mail today
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r `'Y At the request of Paul Lam 201 South Ridge Court)we surveyed the Homeowners Association
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� land that borders their property on South Eagle N est Drive. At that time we determined that some
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landscaping that Mr.Lam had been caring for was actually Association property.
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�t The survey also determined that some of the original construction of the fence and driveway to
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�r�tt,>u ; ~1,.Tt� �, +� ,► this home was installed on Association land. The construction was done by the prior owner
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before the Lams purchased the property.
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We are now making arrangements to convert the common area landscaped land outside of their
fence to the Association�
s landscape and irrigation systems.
This still leaves the Lams with in that cross over the survey lines on to common area,
along the length of their property that runs parallel to South Eagle Nest Drive.
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My Board of Directors supports the Lam's request to have this encroachment converted to the
{ " 1 Lam's property as the land in question has always been behind the Lam's fence and until now has
7.
been treated as private property.
I have told Mr.and Mrs.Lam that we would support their request,but that they will need to make
' contact with your office to see if that's feasible. When they contact you,they will be bringing
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a copy of the recent survey which should clarify the exact land we are talking about.
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We will be glad to assist wherever possible,if you determine that you can meet the Lam's request.
f _ Please feel free to contact me with any questions you have.
Management. Thank you
`
AUrkA.�Goldberg �._.
CPMID PCAM@ CCAM0 MCM®
Community Manager
=Pauline-Chiew,Nolte
:Assatant Manqger cc: Paul and Ellen Lam
1Vlichael>R.Cousineau
Commun4y'Services,Director
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