The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10282008 - C.104 (3) Contra TO: BOARD OF SUPERVISORS Costa 01 County FROM: CATHERINE KUTSURIS, DIRECTOR DEPARTMENT OF CONSERVATION AND DEVELOPMENT. DATE: OCTOBER 28, 2008 C4 SUBJECT: AUTHORIZATION FOR GENERAL PLAN AMENDMENT STUDY FOR PORTION OF ASSESSOR PARCEL NO. 203-520-004, LOCATED AT LIVE OAK DRIVE, BLACKHAWK, TO REDESIGNATE FROM PARK AND RECREATION (PR) TO SINGLE FAMILY RESIDENTIAL - LOW DENSITY (SL) AND FOR ANOTHER PORTION OF ASSESSOR PARCEL NO. 203-520-004, LOCATED AT BIRCHWOOD PLACE, BLACKHAWK, FROM PARK AND RECREATION (PR) TO SINGLE FAMILY RESIDENTIAL-VERY LOW DENSITY(SV)(COUNTY FILE: GP#08-0004)(DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S)'& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. AUTHORIZE a General Plan Amendment study for a portion of Assessor Parcel No. 203-520-004, located at Live Oak Drive in Blackhawk, to consider change in General Plan land use designation from Park and Recreation(PR)to SingleFamily Residential — Low Density (SL) and for another portion of Assessor Parcel No. 203-520-004, located at Birchwood Place,from Park and Recreation to Single Family Residential— Very Low Density(SV), as requested by the Blackhawk Country Club. 2. ACKNOWLEDGE that granting authorization for this request does not imply any. support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for study. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON $ O APPROVED AS COMMENDED epldR VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND _—UNANIMOUS(ABSENT,6!�� CORRECT 'COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: P. Roche, DCD-AP(925)335-1242 ATTESTED CC:Department of Conservation and Development DAVID . TWA, CLERK OF THE BOARD OF Public works Dept. SUPERVIS S AND COUNTY ADMINISTRATOR CAO County Counsel Blackhawk Country Club(via Morrison Foerster) D.Gold,Morrison Foerster Law FirmB PUTY October 28,2008 Board of Supervisors County File: GP#08-0004(GPA Study Request,APNs:203-520-004/XXX, Blackhawk) Page 2 FISCAL IMPACT None. If authorization is granted the applicant shall pay fees to cover the cost for a General Plan Amendment study. BACKGROUND / REASONS FOR RECOMMENDATION The Department of Conservation and Development is in receipt of a request from David Gold an attorney with the Morrison Foerster Law Firm on behalf of the Blackhawk Country Club, for a General Plan Amendment study involving a portion of Assessor Parcel No. 203-540-004,which is a .28(+/-)acre site located at end of Live Oak Drive in Blackhawk, and another portion of Assessor Parcel No.203-540-004 which located at'the end of Birchwood Place. These sites are currently designated Park and Recreation (PR)under the Land Use Element Map to the Contra Costa County General Plan, 2005-2020, they are+ zoned in the P-1: Planned Unit District that was created for the Blackhawk community, and they are located entirely within the Urban Limit Line. See Exhibit"A"for a copy of letter from Mr. Gold on behalf of the Blackhawk Country Club, requesting the General Plan Amendment study authorization. The site locations, which are portions of Assessor Parcel No. 203-540-004 the subject of the General Plan Amendment study authorization request, are depicted in the maps and aerial photo, respectively, attached as Exhibits "B" and "C"to this report. As explained in Mr. Gold's letter, the Blackhawk Country Club these sites were originally designated as Park and Recreation (PR) under the General Plan under the original approval for the Blackhawk community. The Live Oak Drive site was likely designated PR because it was adjacent to and includes some of the Country Club golf course within the legal parcel, and it was once used as a staging area for golf carts. This site is surplus and no longer connected to the operation of the golf course. The Birchwood Place site may have been designated at the time of the original approval of Blackhawk as PR because there was surplus of flat available developable land for residential uses, but it has never been use for recreational purposes. The Blackhawk Country Club proposes to re-designate these sites from the PR use to residential use to allow for three residential homesites, and, if authorized for the General Plan Amendment study,they will also file for an amendment to the Blackhawk Final Development Plan in support of their proposal. It is noted that the Blackhawk Country Club will also need to secure. approval from the Blackhawk Homeowners Association to change the sites' "private recreation area" to residential lots under the Homeowners Association Conditions, Covenants,and Restrictions(CC&Rs)should the Board authorize the General Plan Amendment study. Staff believes that the request for a General Plan Amendment study to consider the re-designation of the subject sites to single family residential use is reasonable. Staff recommends that the General Plan Amendment study be authorized. Authorization for this study, however, does not imply support or endorsement for the application to amend the General Plan, but only that this matter is.appropriate for study. Attachments(3) Exhibit A: Letter requesting General Plan Study submitted by Mr.David Gold,Morrison Foerster Law Firm,on behalf of the Blackhawk Country Club, dated 10/6/2008 Exhibit B: Maps of the Subject Sites including current General Plan/Zoning designations Exhibit C: Aerial Photograph of Subject Sites FAGPA Requests\gparequestblackhawkcc.doc EXHIBIT A: LETTER REQUEST FOR GPA STUDY AUTHORIZATION • PLEASE RESPOND TO MORRISON k FOERSTER LLP M O R R I S O N I F O E R S T E R P.O.BOX 8130 NEW YORK,SAN FRANCISCO, WALNUT CREEK 1052 IGELES,PALO`ALTO, ( 'SAN�31£dd;'WASHINGTON,D.C. CALIFORNIA 94596-8130 NORTHERN VIRGINIA, - 101YGNACIOVALLEY ROAD ORANGE COUNTY,DENVER, [_j Iy, SACiA.p3Elot LNUT CREEK SUITE 450 �J0 ?� I _ TO YS ,L ND BEIJING, WALNUT CREEK - SHANGHAI, HONG KONG, CALIFORNIA 94596-4094 SINGAPORE, Sg$BRUSSELS 1 #3. a7 vl VIi4F.f�. Y�711VN TELEPHONE:925.295.3300 FACSIMILE:925:946.9912 {y LAY? 1 ti W W W.MOF0 G0M October 6, 2008 Writer's Direct Contact 925.295.3310 DGold@mofo.com By U.S. Mail Catherine Kutsuris, Director Department of Conservation and Development 651 Pine Street North Wing.2nd, 4th & 5th Floor Martinez CA, 94553 Re: General Plan Amendment Study Authorization for Proposed Blackhawk Parcel Development Dear Catherine: We are writing on behalf of our client, Blackhawk Country Club ("the Club"), to request commencement of a General Plan Amendment Study Authorization Process covering relatively small "surplus" infill parcels at Blackhawk. We have appreciated the County's guidance related to the procedures for initiating this process. The following information is provided in furtherance of this request. A check for$750 is enclosed with this letter. Description of the Property The parcels proposed for a General Plan Amendment: (1) the Live Oak Drive parcel (the"Live Oak Parcel") and (2) the 2 existing Birchwood Place parcels (the"Birchwood Parcels") (collectively the Live Oak Parcel and Birchwood Parcels will be referred to herein as the"Parcels"). The Live Oak Parcel is situated in the Blackhawk community within an unincorporated area of Contra Costa County. .(APN 203-520-004-3 (portion), Subdivision 5438 parcel A (portion)). The Live Oak Parcel is an infill previously graded parcel located between two existing homes and adjacent to the Blackhawk Country Club golf course(the "Golf Course"). The current legal parcel includes the proposed home site and a portion of the adjacent Golf Course. From a historical standpoint we understand that the Live Oak Parcel may have been used for golf cart storage. This use has not been appropriate since 1980, when golf cart storage was centralized elsewhere. wc-138651 MORRISON I FOERSTER Department of Conservation and Development < October 6, 2008 Page Two The Birchwood Parcels are situated in the Blackhawk community within an unincorporated area of Contra Costa County. (APN 203-520-004-3 (portion), Subdivision 5441 Parcel A and Subdivision 5439 Parcel D). Birchwood Place is currently developed with homes. The Birchwood Parcels are located at the end of Birchwood Place cul-de-sac. Of the two existing legal parcels, one will be retained by the Club and the second will be split into two legal parcels. The Club may need to retain access to a small satellite radio irrigation tower(the "Small Tower") which is currently located on one of the Birchwood Parcels which will not be retained by the Club. The Small Tower is a relay station for the Club's irrigation system. It may be possible to relocate the Small Tower to a different location. As mentioned above, the Parcels are situated in the Blackhawk community. As such, if the County authorizes a General Plan Amendment Study, the Club will need to obtain approval of the Blackhawk Homeowners Association (the "HOA") to redesignate the Parcels from "Private Recreational Area"to "Lots"in the HOA CC&Rs prior to the County's final action on the General Plan Amendment. We have discussed this with HOA representatives and they support this approach. Current General Plan and Zoning The Parcels are designated Parks and Recreation by the General Plan Land Use Map. The Parcels are zoned P-1 Planned Unit zoning applicable to Blackhawk. The Parcels will require a Final Development Plan amendment to rezone the Parcels to residential uses within the Planned Development.zone. Current Uses.. The Parcels proposed for a General Plan Amendment are currently vacant. The Parcels are not used for any park or recreational purposes. The Small Tower is currently located on,a Birchwood Parcel which will not be retained by the Club. Proposed General Plan Amendment The proposed General Plan Amendment would allow for three homesites. The Club is proposing to change the Parcels' General Plan designation from Parks and Recreation to Single Family Residential-Very Low, Low or Medium. The Live Oak Parcel's proposed General Plan designation will likely be Single Family Residential-Low (1.0-2.9 units per net acre) or-Medium (3.0-4.9 units per net acre). The Birchwood Parcels' proposed General Plan designations will likely be Single Family Residential-Very Low (0.2-0.9 units.per net acre). wc-138651 l M-ORRISON I FOERSTER Department of Conservation and Development October 6, 2008 Page Three Rationale for General Plan Amendment • The Parks and Recreation designation pis not appropriate for.these surplus Parcels. With the buildout of the Blackhawk master planned community, the Parks and Recreation General Plan designation is no longer appropriate for the small underutilized surplus Parcels. The Parcels are surrounded by existing homes well within the Blackhawk community. The Parcels are not designated as Open Space. Instead,the Parcels are designated Parks and Recreation for private recreation such as sport or recreational clubs. However, the Parcels are currently vacant although all necessary residential utilities are stubbed to and available at these sites. The Parcels are not being utilized for their highest or best use. There is now a scarcity of developable land in Blackhawk and these surplus Parcels should be utilized. • The development of the Parcels furthers the Contra Costa County's.General Plan policies for smart growth and infill development. The Parcels are private parcels which are not contiguous to open space land or public lands. The General Plan, Land Use Element, Policy 3-8 provides that"[i]nfilling of already developed areas shall be encouraged." Furthermore, "[i]n accommodating new development, preference shall generally be given to vacant or under-used sites within urbanized areas, which have necessary utilities installed with available remaining capacity, before underdeveloped suburban lands are utilized." (General Plan, p. 3-30). The General Plan, Conservation Element, Policy 87107 provides that "[n]ew housing in infill and peripheral areas which are adjacent to existing residential development shall be encouraged." (General Plan, p. 8-52). • The General Plan Amendment from Parks and Recreation to Single Family Residential would not set a precedent for future similar amendments. This is a unique request involving a small number of surplus, infill parcels within a centrally located portion of a large master planned community. It was not apparent until after Blackhawk was built out that these overlooked parcels were best suited for residential uses. This unique fact pattern is inapplicable to other situations involving General Plan sites designated "Parks and Recreation"because these parcels are surrounded by existing homesites, do not border public open space, have existing infrastructure, and do not involve a General Plan density increase. wc-138651 MORRISON ( FOERSTER Department of Conservation and Development October 6, 2008 Page Four • The General Plan Amendment is consistent with all other Blackhawk development regulations. Blackhawk was never developed to its potential. No more than 2,771 dwelling units of the 4,200 dwelling units under the original planned development permit were ever approved. There are currently approximately 2,700 homes in Blackhawk. Therefore, the proposed General Plan Amendment will not be restricted by any limits on the number of dwelling units. After reviewing County, title company and Club files, we have determined that there are no development restrictions that would preclude the development of the three residential lots. There are no grants of development rights, offers of dedication or other development restrictions associated with the Parcels. • The proposed General Plan Amendment would further recreational amenity goals .within the Blackhawk community. The Club has become a magnet for families relocating to this area because of the vision and mission it has to deliver outstanding golf and country club services in a family oriented environment. The Club is now in its 26 h year of operation and there are many potential capital improvement projects that, when completed, would enhance the value of the members' equity, encourage growth in membership sales and provide additional member services and amenities. The membership has expressed a strong desire for the Club to divest of the Parcels and use the proceeds from their sale for capital improvements to the Club's infrastructure. The Club anticipates widespread community support for the development of the Parcels. There are several important capital improvement projects outlined in the Club's Strategic Plan including a new, comprehensive fitness center concept for members, a new state of the art golf practice facility, and a new aquatics center. Any one of these projects would result in a significant improvement in member services and amenities and thereby, deliver enhanced membership value. The investment in additional amenities and services provides benefits to the community at large. For example, with our hosting of the annual Longs Drugs Challenge at the Club (LPGA event), the Club delivers a substantial amount of income to the surrounding communities of Danville and San Ramon. Many community businesses in the larger East Bay community benefit financially from the Club's willingness to continue to host this event. The Club has developed a reputation as a "good neighbor"to the surrounding area and has the support of the Blackhawk HOA as.it develops its plans for the future. wc-138651 MORRISON I FOERSTER Department of Conservation and Development October 6, 2008 Page Five • The existing Parks and Recreation designation has historical roots but no planning basis today for these small Parcels. Any historical justification for originally designating the Parcels as Parks and Recreation are no longer applicable today. In the early days of Blackhawk (approximately 26 years ago) the Live Oak Parcel was likely designated Parks and Recreation because it is adjacent to and includes some of the Golf Course within the legal parcel. Additionally, at that time, the Live Oak Parcel was used by the Club as a staging area for golf carts. Other facilities have been built to meet this need. The Birchwood Parcels may have been overlooked and designated Parks and Recreation because there was a surplus of flat developable land for residential uses. Maps attached 1) Birchwood Parcel, Draft Tentative Parcel Map, Parcel A, Subdivision 5441 and parcel D, Subdivision 5439. 2) Live Oak Parcel, Draft Tentative Parcel Map, Parcel A (Portion), Subdivision 5438..- Again, thank you for the opportunity to submit this letter describing the Parcels and the proposed General Plan Amendment. We look forward to working with you and your Staff to initiate this minor General Plan Amendment. Please advise us when the Board of Supervisors will be considering this request. Sincerely, David A. Gold cc: Patrick Roche Robert Drake Frank Elliott Frank Trifeletti Barrett Eiselman Kevin Dunne wc-138651 EXHIBIT B: MAP OF SUBJECT SITE, INCLUDING GENERAL PLAN AND ZONING Birchwood Place Site Blackhawk Country Club Count File: GP##080004 Current General Plan SL gu.ttonwood Dr .`O Cive , Oak SITE o P� a° Q a OS Legend Parcel 1 General Plan 0 PR (Parks and Recreation) 0 Parcels SV (Single Family Residential - Very Low) OS (Open Space) SL (Single Family Residential - Low) c Buttonwood pr Proposed General Plan SL 0 Cive , a ooae k SV SITE o P� a a� a� Map created 10/202008 Feet by Contra Costa Conservation and Development Department C p Community Development Dl Group f 0 85 170 340 510 V QUO 651 Pine Street,4th Floor North Wing,Martinez,CA 94553-0095 _ 37:59:48.455N 122:06:35.384W This map contains copyrighted information and may not be altered.It may be _ reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. �+ ^ Live Oak Drive Site Blackhawk Country Club (County File: GP##080004) Current General Plan OS L1Ve'Oak-Dr � 1 t SL SITE 3 0 -a c� • .o L D i Legend) Parcel 2 General Plan O PR (Parks and Recreation) Parcels SL (Single Family Residential - Low) OS (Open Space) Proposed General Plan OS Live-O'ak Dr , SL SITE L 3 o a cu Map created 10202008 by Contra Costa Conservation and Development Department } "' 3 Feet Community Development Division—GIS Group 651 Pine Street. 37 59I48.455N 172:06 35 384WCA 9455}0095 0 55 11.0 220 330 440 ` '•t. This map contains copyrighted information and may not be altered.It may be .1 reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. EXHIBIT C: AERIAL PHOTOS OF SUBJECT SITE Wy Alt IF i• t,�� I '4�f l ._._ Y�,-` 6;'c. .� ^M, _ ��,.�, I � �•;r ii � �r-.f-i!t Ai,KI r rO� + .r-•, 1 r f itj tau `+ ;,t t (D n � o 00 (D .. + .4T'4�..di- I P' l n 1 f„ ��5 .. � �.t �r •L'". �{l-�; h ='�`.r-,.-��, �F �' - Z,.- 1 -A.C'�.ids