HomeMy WebLinkAboutMINUTES - 05222001 - C.126 TO: BOARD OF SUPERVISORS
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FROM: DENNIS M. BARRY AICP W. Costa
��.,I.
COMMUNITY DEVELOPMENT'DIRECTOR ^; , .�T� County
DATE: MAY 22, 2001
SUBJECT: Proposed Transfer of Portions of Common Area and Related Improvement to
Specific Private Lots within the Blackhawk Residential Development in the
Danville/Blackhawk area, County File # DPO13004 (District III )
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize proposed transfers of land subject to grant deeds of development held by the
county for augmentation and related improvements.to specified residential lots within the
Blackhawk development pursuant to an approved amendment to the Blackhawk Final
Development Plan, file #DP013004, in accord with development plans on file with the
..Community Development Department.
FISCAL IMPACT
None.
BACKGROUND/ REASONS FOR RECOMMENDATIONS
Application to Amend the Blackhawk Final Development Plan
This matter concerns a request by the Blackhawk Homeowners Association to allow the
transfer of portions of common open space parcels for attachment to several existing
private (residential lots) within the Blackhawk development. The Blackhawk development
was originally approved by the County in the mid-1970s under the Planned Unit (P-1)
zoning district and approved Final Development Plan. Blackhawk is a guarded access,
clustered residential development community. Virtually all.of the lots adjoin either common
open space area owned by the HOA, or a commercial golf course within the development.
As a condition of approval for the project, the development was required to convey
development rights over the common area to the County. This.action.was intended to
protect the common open space area and assure that-planning concerns in the
development process were adequately addressed.
CONTINUED ON ATTACHMENT: X YES SIGNATURE , :, y✓V:�_
,,-�ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): Qzc-�'
ACTION OF BOON May 22 , 2001 APPROVED A3 RECOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND.
XX 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: Bob Drake(925)33571214 ATTESTED May 29- , 2001
JOHN SWEETEN, CLERK OF THE BOARD OF
Orig:Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Blackhawk HOA
Date APRIL 3, 2001
Board of Supervisors
File# DPO13004
Page 2
Several Blackhawk residents wish to acquire additional land from the common open space to
augment their lot areas, and in some instances provide for related residential improvements. The
proposals are seeking lot line adjustments affecting 3 residential lots. The proposals involve a
marginal increase in the lot sizes. The owner of the common area, the Blackhawk Homeowners
Association, is supportive of several affected residents and the Blackhawk HOA filed an application
with the County to amend the Final Development Plan, County File #DP013004 to allow for these
project modifications.
Staff is satisfied that the changes will not result in substantial impacts to the community, and
determined that for purposes of compliance with the California Enviromental Quality Act, the proposal
is Categorically Exempt (Class 5; minor alterations in land use limitations). Earlier this year, the
County distributed notices of the proposed changes to the owners of nearby properties that the County
was considering rendering a decision on this matter, and providing ten days in which to request that
the matter be heard. No requests for hearing were. received from that notice.
Zoning Administrator Decision
On March 8, 2001, after determining that the proposed changes do,not constitute a substantial
modification to the Final Development Plan, pursuant to Section 84-66.1604 (a) of the Ordinance
Code, the Zoning Administrator conditionally approved the proposed amendment to the Final
Development Plan. The approval became final on Monday, March 19, 2001.
Board Authorization for Use of Deed-Restricted Area
To address the existing encumbrance held by the County over the affected land, the approval was
made subject to a requirement that the Board of Supervisors first approve the proposed transfer of
land and related proposed improvements.
Disclosure for Processing of Future Similar Proposals
The approval also informs the HOA that County staff wishes to change the manner in which future
similar requests are to be processed. The approval requires that the HOA notify prospective
applicants that the Community Development Department will discourage similar incremental requests
to acquire and use the common open space for private lot area, and that instead any future proposals
to the County should lead with a comprehensive analysis of planning and environmental
considerations by the HOA and the County for the entire project.
The Blackhawk HOA has accepted the terms of the Zoning Administrator approval as reflected in a
letter dated April 26, 1999. The HOA has also acknowledged in a letter dated September 29, 2000
that similar future encroachments into open space area may trigger public notice and hearing involving
all Blackhawk residents.
Consequence of Inaction or Denial of Proposal by the Board
-In the event that the request were to be denied, then the proposed transfers of land would not satisfy a
requirement of the amended Final Development Plan, and the County would not be authorized to
approve any related lot line adjustment applications. The existing dimension of lots would remain
unaltered.
CONTRA COSTA COUNTl'
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Blackhawk Homeowners Assoc. APPLICATION NO. DP013004
4125 Blackhawk Plaza Circle,#230
Danville,CA 94506 ASSESSORS PARCEL NO. 220-180-002
220-672-011
220-551-010
ZONING DISTRICT: Planned Unit (P-1)
OWNER: Same as Applicant, and Others APPROVED DATE: March 8, 2001
EFFECTIVE DATE: March 19, 2001
If the conditions of this approval are not appealed by the effective data. then this amendment to the
Blackhawk Final Development Plan allowing for specified adjustments to property lines to transfer
portions of open space properties to private residential lots and related improvements is granted, subject
to the attached conditions.
DENNIS N1. ViARRY, A1CP
C0111111t1111ty D,—elopnlenl Director
B -
y.
ROBERT H. DRAKE
Depute &ning Administrator
Unless otherwise provided,THIS PERMIT WILL EXPIRE ONE(I) YEAR from the effective date if the
use allowed by this permit is not established within that time.
PLEASE NOTE THE EFFECTIVE DATE as no further notification %%ill be sent by this office.
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FINDINGS AND CONDITIONS OF APPROVAL FOR MODIFICATION TO
THE BLACKHAWK FINAL DEVELOPMENT PLAN AUTHORIZING
SPECIFIED EXPANSION OF RESIDENTIAL LOTS INTO OPEN SPACE
PARCELS, COUNTY FILE #DP013004 (Blackliawk HOA — Applicant;
Blackhawk HOA, et al - Owners)
FINDINGS
A. Required Finding -The proposed modification is consistent with the intent and purpose
of the P-1 district.
Project Finding - The proposed modifications allow relatively small reductions in the
common open space area that are not disncptive to a cohesive development including the
relationship between open space and residential area, provided that frtture open space
encroachment proposals consider the broader implications of the cumulative effect of the
erosion of the open space areas rvithi.n the project.
In a letter dated September 29, 2000, the Blackhasvk Hoineowners Association has
acknowledged that in the even of a frtture application to reduce the cornnton open space
and restricted development area, staff may schedule the request for hearing before the
Planning Conunissi.on.
B. Required Flndln - The proposed modification Is colnp.rtll?IC with uses Irl rile Vlclrllty,
both inside and outside the district.
Project Finding - Each of the lot'line adiust}nents authori--ed by this approval involve
relatively srrrall adjustinents in the exterior boundaries cif these projects. Prior to this
approval, notices of the proposed changes were distributer!to the owners of nearby
property, noire of which resulted in a request for hearill
[Ref. tiff 84-66.1804(b) of the Ordinance Code]
CONDITIONS OF APPROVAI,
1. Development (including proposed transfer of land within the open space parcels) is
approved based on the site plans accompanying that accompanied the application for' the
following sites.
A. #411. Bent Oak Place—Judith & Ted Santon (APN 220-180-002
B. #100 Birchbark Place— Brian & Michelle Saunders (APN 203-672-011)
C. #3336 Deer Hollow Drive - Maks Rozetti (APN 220-551-010)
File#DP013004
Conditions of Approval
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 ninety (90) day period in which you may protest the amount of any fee or the
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 date of this permit.
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