Loading...
HomeMy WebLinkAboutMINUTES - 10282008 - C.106 Contra TO: BOARD OF SUPERVISORS Costa County FROM: CATHERINE KUTSURIS, DIRECTOR 'DEPARTMENT OF CONSERVATION AND DEVELOPMENT DATE: OCTOBER 28, 2008 SUBJECT: AUTHORIZATION FOR GENERAL PLAN AMENDMENT STUDY FOR ASSESSOR PARCEL NO. 203-770-004, LOCATED AT EAGLE NEST PLACE, BLACKHAWK, TO REDESIGNATE FROM OPEN SPACE(OS)TO OFFICE(OF)(COUNTY FILE: GP#08- 0003) (DISTRICT III) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. AUTHORIZE a General Plan Amendment study for Assessor Parcel No.203-770-004, located at Eagle Nest Place in Blackhawk, to consider change in General Plan land use designation from Open Space(OS)to Office(OF),as requested by the Blackhawk Homeowners Association. 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 ,,V RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON PPROVED AS RE106MMENDED OTVR_ V T OF SUPERVISORS. I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT/&�� 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)M-1242 ATTESTED cc: Department of Conservation and Development DAVID TW CLERK OF THE BOARD OF Public Works Dept. SUPERVIS AND COUNTY ADMINISTRATOR CAO County Counsel Blackhawk Homeowners Association(via Mark Goldberg) A.O'Toole,Berding&Weil Law Firm Y PUTY October 28,2008 Board of Supervisors County File: GP#08-0003(GPA Study Request,APN:203-770-004, Eagle Nest PI., 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 Andrea O'Toole an attorney with the Berding and Weil Law Firm on behalf of the Blackhawk Homeowners Association,for a General Plan Amendment study involving a portion of Assessor Parcel No. 203-770-004, which is a 6 (+/-)acre site located at Eagle Nest Place in Blackhawk.This site is designated Open Space(OS)under the Land Use Element Map to the Contra Costa County General Plan, 2005-2020, it is zoned in the P-1: Planned Unit District that was created for the Blackhawk community, and it is located entirely within the Urban Limit Line. See Exhibit "A" for a copy of letter from Ms. O'Toole on behalf of the Blackhawk Homeowners Association, requesting the General Plan Amendment study authorization. The site location,which is portion of Assessor Parcel No. 203-770-004, the subject of the General Plan Amendment study authorization request, is depicted in the maps and aerial photo, respectively,attached as Exhibits "B" and "C"to this report. As explained in Ms. Toole's letter, the Blackhawk Homeowners Association desires to construct a new modular office for the association on a portion of the 6-acre area designated for Open Space, which is now occupied by an outdoor volleyball court.The outdoor volleyball court area within the 6-acre parcel is approximately 1 acre in size. The 6-acre parcel is situated between Eagle Ridge Drive and East Nest Place where the two streets meet.This parcel is owned by the Blackhawk Homeowners Association and contains park and recreation amenities for the community. The proposed office is on the northeastern portion of the 6-acre parcel.According to the Blackhawk Homeowners Association,the volleyball court is rarely used, and they would like to remove it for the purpose of establishing the association's office in this location.The purpose of the office is to provide a new facility for the association to operate from that is of sufficient size and within the community. They note that the present office location is an off-site and outside the gates of the Blackhawk community,which is inconvenient for association members,staff,and vendors. Ms. O'Toole's letter also notes that the Blackhawk Homeowners Association granted the development rights for the 6-acre parcel via a grant deed of development rights. This means that the County reserves the right to approve or disapprove any proposed construction, development or improvement that would substantially and materially change the nature of the current use of the property, and where an improvement requires an approval of the County the association is obligated to submit a proposal to the County for approval. Staff believes that the request for a General Plan Amendment study to consider the re-designation of the subject site to Office(OF)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 authorization for APN: 203-770-004., submitted by Ms. Andrea O'Toole, Berding&Weil Law Firm,on behalf of the Blackhawk HOA,dated 8/2/2008 Exhibit B: Maps of the Subject Site(APN:203-770-004), including current General Plan/Zoning designations Exhibit C: Aerial Photograph of Subject Site EXHIBIT A: LETTER REQUEST FOR GPA STUDY AUTHORIZATION INTENTIONALLY BLANK OO SEP -3 Ph 1. 01 BerdB- RDING W_ IL ( eVallyRWeilLLP U;�3�x� �,T;" `�P'�E"flyfADoAj 3240 Stone Valley Road West illli l i O CjONS'RVA N Alamo,California 94507 AUCEVEtOMINT ATTORNEYS A '1' 1. A 44 tel 925 838 2090 fax 925 820 5592 September 2, 2008 berding-weil.com Catherine Kutsuris Deputy Director Community Development Division Department of Conservation & Development Contra Costa County 651 Pine Street 4th Floor, North Wing Martinez, CA 94553 Re: Blackhawk Homeowners Association Office Project APN 203-770-004 Dear Ms. Kutsuris: We are legal counsel to the Blackhawk Homeowners Association ("Association"). As you know, the Association's business office is situated off-site and.outside the project gates and so is inconvenient for Association members, vendors, staff and those providing services to the members of the community. In addition, the offsite office is unduly and unnecessarily expensive. The Association intends to construct a new modular office within the boundaries of the development for use in managing all of the property within the Association community and so to better improve its operations for all who deal with the Association. The proposed location of the office is on.a portion of a parcel of property at Eagle Nest Place (APN 203-770-004). The subject portion of the parcel is currently being used as an outdoor volleyball court. Last month, the Association's Community Manager, Mark Goldberg, and I met with Bob Drake and Pat Roche to discuss the County process to obtain approval for the construction project. They informed us that the parcel is characterized as "Open Space" and obtaining project approval would require amendments to both the General Plan and the Development Plan. To that end, Mr. Drake and Mr. Roche asked that we send you a formal request to authorize a General Plan amendment study, and to provide your office with some additional information and documents regarding the current office plans and certain County development rights. We understand you recently met with Mr. Goldberg and he informs us that you.have graciously offered your assistance in seeing this plan through. The Association is very appreciative of your offer and looks forward to working with you and your staff. i B= RDING I WEIL Ms. Catherine Kutsuris Deputy Director September 2, 2008 Page 2 The Office Project The parcel is situated between Eagle Ridge Drive and Eagle Nest Place where the two streets meet. It is owned by the Association. (A copy of the Common Area Grant Deed is enclosed for reference.) The proposed location of the office is on the northeastern portion of the . parcel. Although there is an outdoor volleyball court in that area, it is rarely, if ever, used for those purposes; .thus, the Association would like to remove it and replace it with the office. Please refer to the enclosed recently-completed survey which indicates the current location of the volleyball court in relation to the parcel. The current plan includes constructing a new pre-fabricated office building on the parcel complete with a small parking area. A copy of the conceptual site plan is enclosed for reference. A preliminary title report obtained by the Association shows a number of encumbrances on the parcel, including a 175-foot PG&E easement and development rights granted to the County. (The development rights are discussed below.) Enclosed is a copy of the report and an accompanying memorandum which discusses the encumbrances contained in the report. Based on the survey, it appears the office building can be situated on the property so as not to, interfere with any of the existing encumbrances, including the PG&E easement. A copy of the survey overlaid with the.office-plan is enclosed-for your review. Development Rights Granted to County As provided above, we are informed-that the parcel is designated as "Open Space" under the General Plan. "Open Space" can include privately owned properties for which future development rights have been deeded to a public or private agency and can include open space areas owned and maintained by a homeowners association.' The.Association granted the future development rights in the parcel to the County via a Development Rights Grant Deed.("DRGD").2 A copy of the deed is enclosed. "Development Rights" means "the right to approve or disapprove any proposed construction, development or " improvement which would substantially and materially change the nature\ of the `current proposed use' of said real property." (See DRGD, page 1, ¶3) And, where an improvement requires approval of the County under the DRGD, the Association is obligated to submit a proposal to the County for it to approve or disapprove the proposal. (DRGD, page 4, ¶3) The-DRGD lists the "current proposed use" of the parcel and includes: ...facilities as may be deemed desirable by the owner of said real property, from time to time, exclusively for the maintenance and preservation of said real property and/or the recreational and leisure activities of the owners, members, residents and users of ' Contra Costa County General Plan 2005-2020 ("General Plan"), Ch. 3.7, Public, Semi-Public, Landfill and Open Space Uses, (f). 2 Recorded December 4, 1990 as Instrument No. 90-250348, Book 16281, Page 553 of Official Records, Contra Costa County. B= R D I N G W E I L Ms. Catherine Kutsuris Deputy Director September 2, 2008 Page 3 the real property...and any and all planning, design and landscaping incident thereto. (See DRGD, page 3, k.) The "current proposed use" is intended to be consistent with the permitted uses of Open Space in the General Plan which provides that the most appropriate uses of Open Space areas "involve resource management, such as maintaining critical marsh and other endangered habitats or establishing 'safety zones' around identified geologic hazards and low intensity, private recreation for nearby residents," for example, the volleyball court currently located on the parcel. And, permanent structures which are not oriented towards recreation or resource conservation are not consistent with the "Open Space" designation.3 The purpose of the office is to provide a facility for the Association and their agents and employees to operate, maintain, manage, protect and preserve the property situated within the Blackhawk development. In our judgment, this use is consistent with the plain language of the DRGD; however, we understand from Mr. Drake and Mr. Roche that the County might instead conclude that it is not consistent with the "Open Space" designation and would instead substantially and materially change the nature of the current proposed use of the parcel. If so, the Association requests the County Board of Supervisors to authorize a General Plan amendment study. As requested, enclosed are funds in the amount of$750 to cover the cost to process the request for approval of the General Plan amendment study. We trust that this completes the information and materials requested by your office to begin the process. If you need additional information, please contact myself or Mr. Goldberg (925/736-6440). Also, please advise as to next steps and timing involved in your response to our client's request. Thank you for your courtesy and attention to this matter. Very.truly yours, BERDING & WEIL LLP Andrea L. O'Toole aotoole@berding-weil.com ALO:drr Enclosures cc (w/encls.): Mark A. Goldberg; Community Manager (via email) O:\W DOCS\0780\20\LETTER\00481101.DOC 3 General Plan, Ch. 3.7, Public, Semi-Public, Landfill and Open Space Uses, (f). Intentionally Blank EXHIBIT B: MAP OF SUBJECT SITE, INCLUDING GENERAL PLAN AND ZONING Eagle Nest Place Volleyball Court Blackhawk HOA (County File: GP#08-003) Current General Plan s%o a� c z PR SITE SL Eagle_Nest L Legend 0 Site General Plan D PR (Parks and Recreation) 0 Parcels SL.(Single Family Residential - Low) 0 OS (Open Space) = OF (Office) IQ,' Proposed General Plan SITE PR ch w� A� SL Eagle st Ln Map created 1012012008 Feet' by Contra Costa Conservation and Development Department - ti .,': l Community a- Development Division GIS Group f 0 85170 340 510 680 651 Pine Street,4th 59:148r4North 55N 122:006M5364W CA 945530085 This map contains copyrighted information and may not be offered.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. EXHIBIT C: AERIAL PHOTOS OF SUBJECT SITE ti y ^i� d f Y••-yt g^ X- �G -.fi7�f/ Wit. �e?t'-1 e�4 � �� ��,,��: .��' -"!7 7 4-,.-�i .....-"` a�-!� ,.c`.� � ,_ _•�"'"^' ..v^v' � � � dt -.�s" "•+tbcS'k' �4 �� x *�� k� l �`'� ��..,s.`lt:x�'r`>'�^k. .ri;' J� ;� � ti� S •4.k Qr.,.r ;•4y f� t� �. � � f pStA'�l` �,, ,��'''�pe a `�•} 'j .� �` ' V `. `��� . 7.4.1 'x� .+.h`.. �'�,. i� ^.r �'�+.,t�l .�',� t.� t 3'. •'a�r t. 's4 -v '� � "� S r» ° t +,'s p;,erg,,.;"-:� �"�." ; 40 RE �; �.:5`'��vJ�""w Nw, 'ev�, 7:11 vv- It 'N Y �' `!.:;� •,,_.µ`� ' ,,'8�'^�yi-Y•t ,'� 7�j � �'�r' klo �;t:,,, �. r a°��%+ 3� :� .Y-m, •�{*: 10:1 -OroA� ti 1 AL t: i ti' a� $a;; <��r cs �,. �;- ��• .as +t k'��� ik s 3`} t3. +`Tra .� 4Y �,.�teta. }`n�'. ,�} .. L try✓ k��• � x�.��i ^•!} y �J6 h`.: j .,,.,,, c.. c 4F. + � ��y � �^t �� k}���� } ,� Y t `�a 4 yW��.� � ��&i M.�✓� g y'�r,.i a �i `s "S -Ts {� { .. \ tjt` {ri I } 'Sa! y x �+rlY S t° s } :Y� ` ( ?,• ,rt , +j ti.r';:�t. t � rY J � ``. +/i t �� ^• 3 � �7 � ��y����J`� � .., iqa.i� fi"i 3 '�.4...-\ } ✓�ISCT' Stt �" ''� _ 4 JY -� "`YYY..t�T•' '� t f i, . r.? r ;�; � t,•r�`'- R + >�"�, �if."(�s He�' � � „�r_ +� � A i<. .�c., ,«.' �,ws N ��`�f "'1:.y'S:rs� A< ¢ oil; ct "•^ ,r�' _� �'!_t 1 .a -@t{ ,y -may ' t 6 'D, (�+.,• f`1' ,�1 i q. " Ire 44 7� e 3e=r. n +�y� 1ys'� �y'� � s_� �; � �:'�r� ..��p �fl��Y)t � � ..n..;;* •�e '�s� 'ra,'°'.a{�'r.` 'moi' tx'"