HomeMy WebLinkAboutMINUTES - 03262002 - C81 ,Y.. : •.
TO: BOARD OF SUPERVISORS
-, • Contra
FROM; DENNIS M. BARRY, AiCP Costa
n
COMMUNITY DEVELOPMENT DIRECTOR County
HATE: MARCH 26,2002
SUBJECT; Proposed Transfer of Portions of Common Area and Related Improvements to Specific
Private Lots at #626 Blue Spruce Drive and #3720 Deer Tail Drive within the
Blackhawk Residential Development in the Danville/Blackhawk area. County Files
#DP013027 and#DPOI3048. _ .
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.
FISCAL IMPACT
None.
CONTINUED ON ATTACHMENT: X YES SIGNATURE,0� il"4wllft�
NONWOMM
RE+GOMMENDATION`OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE S;;
ACTION OF BOARD 014 77717. PROVED AS RECOMMENDED YOTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS:A TRUE
UNANIMOUS(ABSENT li ^} AND CORRECT COPY OF AN ACTION
AYES: NOES; TAKEN AND ENTERED ON THE MINUTES
ABSENT: ABSTAIN; OF THE BOARD OF ;SUPERVISORS ON
THE DATE SHOWN
Contact; Will Nelson (926) 336-1208 ATTESTED
Orig: Community development Department JOHN SWEETEN; ERK OF THE BOARD
cc: Sharon Tarpinian OF SUPERVIS RS'` AND COUNTY
Douglas Brown ADMINISTRATOR
Save Mf. Diablo
Blackhawk Country Club BY
Blackhawk borne Owners Association> DEPUTY
File
March 26 2002
Board of Supervisors
File#DP013027,`#DP013045:
Page 2
BACKGROUND 1 REASONS FOR RECOMMENDATIONS
plication to Amend the Blackhawk Final Development Plan
This matter concerns requests by two homeowners to allow transfer of portions of common open
space parcels for attachment to two 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 community. Virtually all of the lots adjoin either common open
space area owned by the Home Owners Association or a commercial golf course within the
development.
As'a condition of approval of the project, the developer was required to convey development rights
over the common open space 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.
Two Blackhawk residents wish to acquire land from the common open space to augment their lot
areas. The proposals are seeking lot line adjustments affecting two residential lots. The proposals
involve increases in lot sizes of 1,660 square feet and 440 square feet. The owner'of the common
area, the Blackhawk Country Club, is supportive of the property transfers.
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 Environmental Quality Act, the
proposals are Categorically Exempt (Class 5 minor alterations' in land use limitations). Late last
year, the:County distributed notices to the owners of nearby properties that the County was holding
a public:hearing on these 'matters, as required by"law. No individuals or parties came forward in
opposition to the proposals.
Zoning Administrator Decision
On December 17, 2001, the Zoning Administrator conditionally approved the proposed amendments
to the Final Development Plan. The approvals became final on December 27, 2001. improvements
to the land proposed for transfer are limited to fencing.
Board Authorization for Use of Deed-Restricted Area
To address the existing encumbrance held by the County over the affected land, the approvals were
made subject to a requirement that the Board'of Supervisors first approve the proposed>>transfer of
land.
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 Flan, and the County would not be authorized to
approve the related lot line adjustment applications. The existing dimensions of the lots would
remain unaltered.
Agenda Item#
Contra Costa County Community Development
ZONING ADMMSTR.ATOR
Monday, December 17, 2001
I. INTRODUCTION
SOON TARPINIAN (Applicant), SHARON TAR.PINIAN AND
SLAC HAWK COUNTRY CLUB (Owners), File#DPO'13027`--A request to
amendthe Blackhawk Development Final Development Plan to allow the
transfer of approximately 1700 square feet of open space area for addtion to
the rearyard of a private residential Iot. The subject property is located at
#3270 Deer Trail Drive in the Danville/Blackhawkurea, (APN 220.431-002
& 2204411-011)(P-1) CT 3551,03 (ZA: U-19)
II. SUMMARY OF REVIEW
This request is one of the more recent,proposal to augment private rearyard
area by acquisition of open space area:. This pattern of transfer is inconsistent
with the Blackhawk Final'Development Plan. If allowed to continue, the
cumulative pattern could result,in significant visual, land'use, and
geotechnical impacts. The Country Club is one of two entities that owns open
space property within the Blackhawk project. The other,Blackhawk HOA,
has indicated that it will not be pursuing individual transfers of open space
until an overall amendment to the Blackhawk FDP is approved. This project
involves the transfer of Country Club land to a residential lot. Approval of
this project could also cement a pattern of land use that would be inconsistent
with the concept of the original Blackhawk approval.
111. RECOMMENDATION
Denial because the;proposed transfer and use would be inconsistent with the
intent and purpose of the original Blackhawk Final Development Plan.
IV. GENERAL NFORMATION
a. Environs—The site is located in a community of up-scale, executive
residences. Most of the residences back onto open space area (either
owned by the Blackhawk Homeowners Association as common area; or
owned by the separately owned and operated Blackhawk Country Club).
At the time that the Blackhawk project was established,the development
rights of the open space area were conveyed to the County to assure that
only open space uses'would be allowed.
b. Site Description—The residential property contains a two-story residence
on,approximately one-third of an acre that overlooks a portion of the
Blackhawk Country Club Golf Course. The property that is proposed to
be transferred is not part of the improved portion of the golf course.
c. General Plan -Open Space(and Single Family Residential -Lwow
Density)
d. Zoning--Planned Unit (P-1)District. As part of the Planned Unit District,
the County adopted the Blackhawk Development Final Development Plan,
and related amendments.
e. Offen Space Back round-The Blackhawk Development largely consists
of residential lots backing canto open space area. At the time of its
development,the open space area was placed within "scenic easement"
areas (where the development rights are conveyed to the County)to
provide for ongoing control of development activity within that portion of
the site..`A portion of the open space area was established as active'
recreation area (golf course,tennis courts, country club), and a portion was
retained in passive common area (hillside areas).
Shortly after the project was established, the active recreation areas were
established as a separate commercial operation (Blackhawk'Country
Club)
f. Related Actions—Following the establishment of the Blackhawk
development, a number of property owners within Blackhawk have sought
expansions of their yard areas. The expansions allow for larger yard areas,
and in some instances, larger residences. The County has approved a
couple of dozen of such transfers. Transfer of open space area, owned by
either the Blackhawk Homeowners Association or by the Blackhawk
Country Club, has accommodated`the expansions.
However, the Blackhawk development contains several hundred lots that
abut open space areas and conceivably could seek similar transfers in the
future. In response to concerns by staff`concerning general plan
consistency and environmental concerns of the cumulative effect of this
type of modification to the Final Development Plan, the Blackhawk HOA
has agreed to refrain from conveyance of any other laud to the owners of
residential lots until such time as an overall amendment to the Final
S-2
Development Plan is proposed that covers all residential lotsbacking onto
open space areas.
g. Related Applications—The County is currently processing one other
similar application within Blackhawk,File#DP013045 (Piazza/Brown,
#626 Blue Spruce Drive), which is scheduled for the same Zoning
Administrator hearing. It is also seeking the transfer of deed-restricted
open space land to augment a rear yard area.
h. Filet#LL010017—The applicant has filed a related lot line adjustment
application anticipating an approval of this application.
V. PROPOSED PROJECT
This project is seeking to transfer a 20-foot by 83-font area from the Country
Club area to augment the rearyard of the existing residence. The applicants
indicate that they intend to extend a six°-foot tall wrought-iron fence to enclose
the added area. No grading is proposed within the area,though the owners
have indicated that they have been holding back on landscape improvements
within their rearyard so that the proposed added area could be included within
the area to be improved.
VI. CEOA DETERMINATION
Categorically Exempt—Minor Alterations in Land Use Limitations (Class 5)
The slope of the affected'property is less than 20%;the proposed alteration
would not result in an increase in density.
VII. DISCUSSION
While the proposed'change appears innocuous, the overall pattern of the
transfer of open space,deed-restricted lands to augment residential lots within
the Blackhawk project is a concern. Staff has concern about the potential
visual, biologic, general plan consistency, and geotechnical impacts that this
pattern will create. Moreover, everytime one of these requests occurs, it
requires the County to process anamendment to the Final Development Plan,
and approval of the transfer of land by the Board of Supervisors.
Staff has indicated to the Country Club that if they wish to undertake this
activity,it should be on the basis of an amended Final Development Plan (and
possibly an amendment to the General Plan) that considers this potential for
all residential lots backing onto lands owned by the Country Club. Staff has
expressed this concern to both the applicant and the Country Club.
S-3
Country Club Offer to Refrain From Further'Open Space Transfer Re uests'-
The Country Club does not wish to process an amendment to the Final
Development Plan that would consider similar transfers of Country Club land
to residentiallots. However, they have indicated that if the County
accommodates this request and five other requests (including the above
referenced Brown property),that the Country Club would refrain from
submitting additional requests until such time as an overall "redevelopment
plan" is proposed and approved by the County. See (attached) September 12
2001 letter.
Of the six transfers'identified to date, the only ones that have been filed are
this one, and the Brown application.
The P-1 District allows the County to approve amendments to a Final
Development Plan where the modification is consistent with the intent and
purpose of the F-1 District, and compatible with other uses in the vicinity.
Continuing to approve even the handful of proposals proffered by the Country
Club would not be appropriate. It would further lead credibility to
establishment of a pattern of reduction of open space areas that are
inconsistent:with the Blackhawk Final'Development plan. Unless and until an
overall an amendment to the Blackhawk Final Development Plan is proposed
and approved by the County,it would not be appropriate to approve this
request or similar requests.
VIII. ALTERNATIVE ACTIONS
In the,,event'that the Zoning Administrator determines that the project has
merit and is able to make the required'ordinance findings;attached are
recommended conditions of approval that could serve as the basis for a
approval action.
Please note that this action would also require approval of the Board'of
Supervisors'before>the lot line adjustment could be approved.
The Zoning Administrator could determine the Country Club would modify
their proposal to limit their proposal to the two active applications before the
County(Tarpinian and Brown) and eliminate the other four anticipated open
space transfers that have not yet been submitted to the County.
W Adp013027.rpt
RD\
S-4
f,
4� r
T
0t.h
Y
a° t
CJ v � � "qhs `a'� � >, `✓
1
� • i
i 0
t
02 ti ti _
� , g
y
Y; I
7
4 }7 1 ff/j '"ter"
CL
CN
� 4
\ --
111jj jf/ a �
i * �
Ln
sin H ,
P.O.B..ADJUSTED LOT 23
P.O.C. ADJUSTED PARCEL "A",
P.0.5.t45.r 4C�JU5TEt7'<
SE '2!''38„E(F�? PARCEL "Au.
125.00, 20.02"
co
�a
---�
Q
_ U, .o.., •ter
23
" lit 6L.
` OLD AREAst3,SOO SQ.FT:
NEW AREA=15k13 S FT. � 1610
3 .20 '
'0°'
VrrAENT
�y R
I
DAYM PANS & AMIAM,'INC TINT' B DRAWN lay:TMD oA��: 2/27/01
ENG04EM PLANNERS s.SURVEYORS LOT LINE ADJUSTMENT CHECKED SyCALE MW
EXEMME PA!!K%rAY SUCCE 125 ' li E c? AND PARCEL JOS NO- REQ'.
SAN �iA�,rlt)1w1 CIII,Jf�CfFtMiA 94593
8 007-3300 t 97-33�t tWG; AG.
Nc0_ � DATE ON
AMMONS SUBDIVISION 6617 e� alr ooi�a�nr
(x'99 m $) sN€ , O
`f
f .
At }
aVA ;
�r• yea ,,{
Am
►^-w.e" ♦� of/)'/y1il�. �"; l�j�®. �}�.1
Oyu�r :A°#*s. • i
t gam �8
T� Bs� k• � �rf 9.'vR d s a ��$n� � eye'
r - a § � 7 �— �¢�,,„,,,,� bio•°1''""w �" w s®a►
E � ��P � �s�fn 'Agro � ♦ ti wd
\DI��' �b> t i ♦�R sew / -.
-
aa l
go
R wt
DIM
�� ',l�D4S m {:� ♦4 � ® ' ;**ars '` �
e+�`` t yrs` 1R •ri�A'wa .a� ®4R�
r1sroA a�� nr;�'= � #♦��t�r419�'®�®"� ♦�
i=as FStt•i391FE##3 ••, #, w*4�Eiilw
•SRM! r. ► ' f
raf—4M7---- A'
msa 3eee ' ?ease�*�
a, ®r twwRiai a�a+a�a s®► aelm es*'�
r war �+zw.aa�s q°,a wjw ®w�®rt
fi s\tE w-'e'r� ®eR•f
f
I
J
1
p.o�c. ACWSTEO PARCEL "A"
JUSTE
-21'3$�(R) p A"
145.02
12 0-021
lu M\ t
4
r _ L
' OLD AREA•13, SaFT.
NEW AIEEA*t5k13 SaFT.
F r� 4
4
k � x
r� tt� kik �f+�•4�.°•t y'•��_ 'Aj%',)y<+�. r;. I'+
16y!t ry a •1 {,
.6320
d L.
(;.
r iL ', �.Jf-"�MEN •.; ,.-fid,•
DAVM ESANS MOMM, Lt�C MINT B DRAWN By'-TUD „DATE: 2/ 7/01
Ewwems perms>suR&-yoRs LOT LINE ADJUSTMENT cr4'cK c) y: SCALE`
5000 EXECUTW P'AWWAY -- SUM 125
SW PA"O 04"F*" MW FOR LOT 23 ANIS PARCEL A_' J011 NO. REF. i
82.3 S67^-3 aO FAX 82 W7-3368DWG. LOC. g\�aE?S1t l7Ft4.�lYA Q4 l PIAT
NO- aY DAA RENS:' SUBDIVISION 661�
(299 Af 8) '' s�+EEr , OF
SITE PLAN
t
Blackhawk Country Club
(General Plan: Parks and Recreation)
55'
Proposed Lot Extension �
,POOL
f
t
( 5'
Existing
Residence
a V
i
i
i
59,
Blue Spruce Dr. SCALE: 1"=14''
i � ,1 ',..f ��":'•..` .._. ?� ,A� 1, f� � �'� i
if i Q• -''`� •\ ( ry ��,Pik -.,.....r"" •d
/ �1, 4Y,7 •` `lam-.. 7 _ 1,
vY {•. ra .-.j"-••1-•f. � ti. •~'� Q�i. ., f' f \ /f,`• f x � ' j � yt8 ..-- � _„r
st
f: 1
r
co
Ln
1111111111, mopp,
vo
� r
��yl 000
un
Yd
apo{yy� •r.l y
qPO4
Palo
OD
CD
CA
�� ''"`R �.) ``•1 CCS �; t.,� .. i
`•.,�1 ;' •'•..ly/� .,tom--------.._ +�wy;�� � �
tl0
Novo
co
� + co
1 '
' z
2
V
m
OD co
v co
•\
�` m ti
E
1
A l .>
I'
- 1',`*tirin±•i kat..
ra
r �
m
ed
W pb L
ZS
off
or'
IN
INt
IA K
1-6
CD
OCIN ^ ., t1 "Mrp M `... D/j •- 3i► aro
10
+4
Oft
40
•`" �� �� _ to �� 4 "`�. r. `i
T�
Zv
1
1!f fib! b 6,{ ( ry
,y``� � .,,' ,,,,�• 7k`'" •'� � �q p'
����•�{ �{S�� ('� /�� � rags� � ° � .'��` �6�+,� �� �, l li..S/•� •. h S
t4
(6: �r
0
ry In,
"1 ter....,,.,` `•�Cl� '� �f•.:I"r / � .//''f a �* �•
14
14
ZI
hyo♦ d + • t'` a "! �' ; - 3
a R
j
t,4 MI
lop
LI
IA
LA to
> LA k0b lilt 47
NO
kq
3k rp
7R 's, � ( Tw` J ! � � �`''k p,, e�fi '�y,,o� CpSa 7a•r c� � `"�: �T.
w rr e M i
A y a b ti
.. y... i
5-7
co
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Sharon Tarpinian APPLICATION NO. DP013027
3720 Deer Trail Dr
Danville,CA 94506 ASSESSOR'S PARCEL NO. 220-431-002
ZONING DISTRICT: P-1
OWNER: same APPROVED DATE: 12/17/2001
EFFECTIVE DATE: 12/27/2001
This matter not having been appealed within the time prescribed by law, a permit AUTHORIZING TO
AMEND THE BLACKHAWK FINALDEVELOPMENT PLAN TO ALLOW THE TRANSFER OF
OPEN SPACE AREA FOR ADDITION TO THE REARYARD OF A PRIVATE RESIDENTIAL LOT
in the DANVILLE/BLACKHAWK area is hereby GRANTED, subject to the attached conditions.
By /�r &ryz-�
DENNIS M.BARRY,AICD'
Zoning Administrator
Unless otherwise provided,THIS PERMIT WILL EXPIRE ONE('1')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 will be sent by this office.
TAX
S:\Current Planning\Templates\SHELLS\MS PERMIT SHELL.doc
File#DP013027
Conditions of Approval
CONDITIONS OF APPROVAL FOR AMENDMENT TO THE
BLACKHAWK FINAL:DEVELOPMENT PLAN (Tarpinian
Applicant; Tarpinian & Bla.ckhawk Country Club — +Owners), FILE
#DP013027, IN THE DANVILLE/BLACKHAWK AREA FOR
12/1712001 ZONING ADMINISTRATOR APPROVAL
CONDITIONS OF APPROVAL
1. Development(includingproposed transfer of land within the open space parcels)
is approved based on the site pian accompanying that the application. No
improvements other than the proposed six-foot perimeter fence and landscaping
shall be placed within the real property approved to be transferred.
2. Board'of Supervisors Authorization Required-The properties that are proposed
to be transferred and developed are subject to an encumbrance held by the
County. At the time of the approval of the subdivision, the development rights
over the open space parcels were conveyed to the County.
This approval is contingent on Board of Supervisors authorization to allow the
proposed transfer of open space property to private residential lots.
3.`' Required Approval of Lot Line Adjustment- Subject to Board of Supervisors
authorization of the approved transfer of property,before the transfer of property
can be implemented, the Lot Line Adjustment application,File#LL010017,„must
be (administratively) approved by the Community Development Department,
4.. Applicant Obligation for Fees to Cover Staff Time &Material Costs -This
application is subject to an initial application fee of$1000 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
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.
5. Deed Disclosure Restricted Use of Presperty—Concurrent with the recordation of
any lot line adjustment, the applicant'shall record the following deed restriction
with the County Recorder and provide proof of recordation to the Community
File#DP013027
Conditions of Approval
Development Department. "No Structures, including but not limited to decks,
patios and retaining walls shall be constructed in the 20-foot by 83-foot section of
land made available for transfer from Blackhawk Country Club except a wrought
iron fence subject to the reviewand approval of the Zoning Administrator through
approval of County file#DPO'13027".
ADVISORY NOTES
THE FOLLOWING INFORMATION DOES NOT CONSTITUTE
CONDITIONS OF APPROVAL.' IT IS PROVIDED TO ALERT THE
APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER
PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT.
A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES,
DEDICATIONS, RESERVATIONS, 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., 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 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.'
SAcurr-plan\staff reports\#013027.coa
RD\
12127/2001 k.p:
-2-
Agenda Item#7
Community Development Contra Costa County
COUNTY ZONING ADMINISTRATOR
MONDAY,DECEMBER 17, 2001 1:30 P.M.
I. INTRODUCTION
PHIL, PIAZZA (Applicant) & DOUGLAS BROWN (Owner), County File
#DP413045 Applicant requests approval of an amendment to the final
development plan' for the Blackhawk Country Club, County File #3035-78, in
order to allow the transfer of an 8-foot by 55-foot section of,property through a
future lot line adjustment. The subject property is located at,#626 'Blue Spruce
Dr., in the Blackhawk area. (Zoning: P-1; General Plan: Parks and Recreation
and Single-Family'Residential'Low-Density; Zoning Atlas: T-18; APN#W3-502-
015;Census'Tract 3551.03).
11. RECOMMENDATION
Staff recommends the Zoning Administrator approve application #DP013045
subject to the attached findings.
M. GENERAL INFORMATION
A. General Plan: Parks and Recreation (PR); Single-Family Residential Low
Density(SL).
B. Zoning: Planned,Unit Development (P-1)
C. CEOA Status: Class 5 Categorical Exemption under Section 15305(a).
D. Previous Applications None
IV. AGENCY COItAIENTS
Building Inspection: Department had no comments.
Public Works (Engineering Services):'Department had no comments:
Blackhawk Homeowners;,Association: Association had no comments.
S-2
V. PROPOSED PROJECT
The :applicant proposes an amendment to the final development plan for the
Blackhawk Country Club that will allow an 8-foot by 55-foot section of property
to be;,transferred from the Country Club to an adjacent residential parcel through a
future lot line adjustment.
VI. STAFF ANALYS'IS/DISCUSSION
A. Site Plan: Incorporation into the ::residential parcelof the land made
available through the proposed development plan amendment would
extend the rear yard of the residential parcel by 8 feet,increasing its length
from 109 feet to 117 feet. The area is currently planted with low-lying
shrubbery.'The existing wrought iron fence would be modified to enclose
the area. The rear wall of the home is not parallel to the property line and
is set back 15 feet at its closest point and 24 feet at its furthest point. An
existing swimming pool precludes any practical development within the
24-foot setback,
B. Proposed Uses: In a' letter dated August 24, 2001, Douglas Brown
(property owner) explained that he has no plans for any construction such
as decks, retaining walls or irrigation systems on the section of property he
proposes to obtain. By phone, Mr.'Brown has stated that the addition of
land would allow him to move his wrought iron fence down the slope,
thereby freeing' from obstruction his view of the` country club and
surrounding area.
C. Correspondence: The seven neighbors living closest to Mr. Brown's
property signed' letters stating their approval of the proposed lot line
adjustment.
Jurgen Gross, General Manager of the Blackhawk Country' Club,
submitted.a letter asking that the Community Development Department
approve six requests similar to this application that are still pending with
the 'Country Club. Mr. Gross also stated that the 'Country Club will
entertain no more of these requests until a comprehensive' amendment,
involving all property owned by the Blackhawk Country Club, has been
prepared(see attached).
D. Trees: One tree is indicated on the proposed plans. The proposed project
will have no detrimental effects on the tree.
E. General Plan/Zoning CoMLIiance: The land to be transferred is designated
Parks and Recreation. 'However, the land does not function as recreation
space. The area is part of a grassy buffer that separates the golf'course
from the homes above. Reduction of the buffer by the proposed 440
S-3
square feet would not compromise its use or purpose, yet would allow
additionalenjoyment of the adjacent residential property. There is a
precedent for this type land transfer, as four other parcels in the immediate
vicinity have undergone similar modifications, some encroaching more
than 30 feet into the buffer.
Approval'of the proposal will increase the length of the rear'yard, thereby
making it theoretically possible to extend the existing residence closer to
the buffer while still meeting the setback requirements. The rear yard
setback will therefore be increased to 23 feet from the proposed rear
property line. Along that portion of the rear property line that remains
unchanged, the setback will remain 15 feet. For accessory structures, the
rear' yard setback will be increased to 11 feet across' that portion of the
property that will be extended. Across that portion of the rear property line
that remains unchanged, the rear yard setback will remain 3 feet. Side yard
setbacks are not affected for either the principal structure or accessory
structures.
VII. CONCLUSION
Staff recommends approval of County File'#DP013045, the proposed amendment
to the final development plan for the Blackhawk Country Club.
August 20, 2001
Will Nelson
Project Planner
Community Development Department
Ref: County file#'VR013045
APN 203-502-015
1 received your letter asking for a written statementoutlining my development plan-
application for a lot line adjustment at 626 Blue Spruce Dr. Danville CA 94506.
The plan is to remove the current wrought iron fence and replace it.
This fence will be 55 feet in width and 8 feet in depth into the Blackhawk CC golf course.
See attached drawing.
Photographs attached per your request
The wrought iron fence will be built according to code and to the policy of the course.
No other structures, decks, retaining walls or irrigation systems will be built or modifed
by the course or me.
If you need more information please call me at 925'469-4601 xl0
Since y ours,
` 7oug rown
cc:Phil Pizza
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Phil Piazza APPLICATION NO. DPO13045
926 Notre Dame Ave
Concord,CA 94518'' ASSESSOR'S PARCEL NO. 203-502-015
ZONING DISTRICT: P-1
OWNER Douglas Brown APPROVED DATE: 12/17/2001
626 Blue Spruce Dr
Danville,CA 94506 EFFECTIVE DATE: 12/2712001 >
This matter not having been appealed within the time prescribed by law,'a DEVELOPMENTPLAN
PERMIT AUTHORIZING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR THE
BLACKHAWK COUNTRY CLUB in the BLACKHAWK area is hereby GRANTED subject to the
attached conditions.
By:
DENNIS M. BARRY, AICP
Zoning Administrator
Unless otherwise'provided,THIS PERMIT WILL EXPIRE ONE(1)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 will be sent by this office.
1-2-Ai t
S:\Current PlanninglTemplateslSHELLS\MS PERMIT Sf1ELL.doc
FINDINGS ANTI} CONDITIONS OF APPROVAL FOR COUNTY FILE
#DP013045 AS APPROVED BY THE ZONING ADMINISTRATOR
DECEMBER 1 7, 2001
Development Plan Findings
A. Purpose of District: The Blackhawk Country Club was established by approval of
County File #1840-RZ and the approval of the associated final development plan,
County File#3035-78. The original plan maintained a buffer between the Lakeside
Golf Course and the surrounding homes.: The General Plan designation for the
buffer is Parks and Recreation and the land to be transferred from the Blackhawk
Country Club to the adjacent residential parcel is part of that buffer. The area is
currently planted with .,shrubbery and offers no recreational opportunities. The
proximity of the land to residences precludes any practical recreational use due to
privacy and noise'concerns. Therefore, incorporation of the land into the adjacent
residential property would not eliminate any functional recreational land. As'a
condition of approval for this application, a deed restriction will be required
prohibiting any development in the land in question, thereby preserving the intent
and function of the buffer.
The principal structure maintains a rear yard setback of 15 feet. Adding 8 feet to
the rear yard could allow the home to be extended closer to Lakeside Golf Course
and the buffer surrounding it. Therefore, the application will be conditioned to
establish a rear yard setback of 23 feet across that portion of the lot that has been
extended
B. Design Objectives and Architectural'Compatibility: A wrought iron'fence will be
extended to enclose the transferred land. As conditioned, the fence will match the
existing fencing in the area. While the fence will no longer be flush with the fence
line of the adjacent homes,the aesthetic impact will negligible.
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN#DP013045
1. Approval is granted to amend County File #3035-78, to allow an 8-foot
by 55-foot section' of land to be transferred from the Blackhawk
Country Club to an adjacent residential parcel as shown on the plans
received November 19,`' 2001 by the Community 'Development
Department and subject to the following Conditions of Approval.
2. Concurrent with the condition of any lot line adjustment,'the applicant
shall record the following deed restriction with the County Recorder
and provide 'proof of recordation to the Community 'Development
Department:
"No structures, including but not limited to decks, patios and retaining
walls,except a wrought iron fence subject to the review and approval of
2
the Zoning Administrator shall be constructed in the 8-foot by 55-foot
section of land made available for transfer from the Blackhawk Country
Club through approval of County File#DP0'13045."
3. The applicant shall enclose all land made available for transfer through
the approval of this application with a fence, the design of which must
be approved;by the Blackhawk Homeowners Association.
4. Zoning regulations for the subject residential parcel, APN 203-502-015,
are modified as follows:
a. Across that portion of the parcel that has been extended 8 feet by
approval of County File #DP013045 and a subsequent related lot
line adjustment, the required rear yard setback for the principal
building is novo 23 Feet. Across that portion:of the parcel that is
unaffected by approval of,,County File #DPO13045, the rear yard
setback for the principal building remains 15 feet.
b. Across that portion of the parcel that has been extended 8 feet by
approval of County File #DP013045 and a subsequent related lot
line adjustment, the required rear yard setback for accessory
structures is now 11 'feet. Across;that portion'of the parcel that is
unaffected by approval of 'County File #DP013045, the rear yard
setback for accessory structures remains 3 feet. Side yard setbacks
for accessory structures are unaffected.
5• _ Board of Supervisors'Authorization Required The°;,properties that
are proposed to be transferred and developed are subject to an
encumbrance held by the County. At the time of the approval of the
subdivision, the development rights over the open'; space parcels
were conveyed to the County.
This approval is contingent'on Board of Supervisors authorization
to 'allow the proposed transfer of open space property to private
residential lots.
6. Required Approval of Lot Line Adjustment —.Subject to Board of
Supervisors authorization of the approved transfer of property,
before the transfer of property can be implemented, the applicant
shall file and obtain approval of a Lot Line Adjustment application
by the Community Development Department.
7. Applicant Obligation' for Fees to Cover Staff Time & Material
Costs — This application is subject to an initial application fee of
$1400, which was paid with the application submittal plus time and
material costs if the application review expenses exceed 100% of
3
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 permitissuance plus
five working days for file preparation. The applicant may obtain
current casts by contacting'' the project planner. If the applicant
owes additional'fees, a bill will be sent to the applicant shortly after
permit issuance`.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES S 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, 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 pretest fee,,
dedications,'reservations, and/or exactions required as part of this project approval.
The opportunity to pretest 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.
REV 12/20101
bdm
arry,
AlCP
Community Contra Community Development Director
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor,North Wing %.'.
Martinez,California 94553-0095 d +s
Phone: (925) 335-1214 sA
December 17, 2001
Jurgen Gross, CCM, General Manager
Blackhawk Country Club
599 Blackhawk Club Drive
Danville, CA 94506
Dear Mr. Gross
Re: Transfers of Real Property to Adjoining Residential Lots
Blackhawk Country Club
In a letter dated September 12, 2001 (attached), you requested that if the
County allowed for modifications to the Blackhawk Final Development Flan
to allow transfers of real property from the Country Club for attachment to
six residential lots, that the Country Club would refrain from seeking any
additional transfers until such time as an overall plan were submitted to the
County and approved.
Earlier today, the Zoning Administrator approved two of the six transfers
identified in your letter: Tarpinian (County File #DF013027), and Brown
(County File #DPO13045). As we have previously discussed,the transfers
will still require approval from the Board of Supervisors.
Nonetheless, in approving these transfers, the Zoning Administrator did
express concern that the cumulative impact of this variety of real property
transfer involving other Blackhawk properties could be significant. The
project development limitations identified at the time of the approval of the
Blackhawk project are reflected in the delineation of land uses and deed
restrictions that apply to this development. Prior to any further transfer of
Country Club (open space) property to residential lots, the overall impact of
Office Hours Monday- Frday:8:00 a.m.-5:00 p.m.
2
this redevelopment pattens being;applied to all lots within Blackhawk should'
be assessed.
Staff is not aware of any other proposed transfers involving Country Club
property that have been filed with our Department to date. The Zoning'
Administrator asks that the Country Club refrain from any further:requests_
for transfer of real property to private residential lots, including the
remaining four properties listed in your September 12, 2001 letter, pending
submittal and approval of an amended'fmal development plan and any
related amendment to the general plan. In this regard, staff would encourage
you to inform any interested parties.
Should you have any questions, please call me at (925)'335-1214:'
Sincerely,
ROBERT H. DRAKE
Principal Planner
Att. 9/12/01 Blackhawk CC letter
Cc: Dennis Barry
Catherine Kutsuris
Will Nelson
File#DP013027 (Tarpinian Site)
File#DP013045 (Brown site)
WAcauntry ciub.ltr
RD<
CP
Dennis nBarry,Community Contra Community Development Director
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor,North Wing
Martinez,California 94553-0095 �
Phone: (925) 335-1208
February 28, 2002
Save Mt.Diablo
1196 Boulevard Way, Suite 10
Walnut Creek, CA 94596
Attn: Seth Adams
Dear Mr. Adams:
This letter is to informyou that on December" 17, 2001 the Zoning Administrator
approved two amendments to the: Final Development Plan fox the Blackhawk
development'. These amendments are to allow the transfer of a'total of 2,060 square feet
of common area from the Blackhawk Country Club for attachment to two residential lots.
These amendments differ from previous amendments of this nature because the land to be
transferred is owned by the >Blackhwak Country Club instead of the Blackhawk
Homeowner's Association. The Blackhawk Homeowner's Association had no comments
related to these amendments. These projects were publicly noticed as required by law. No
individuals or parties expressed opposition to the proposals.
Prior to approval of lot line adjustments to consolidate the common and residential
properties, approval by the Board of Supervisors is necessary because the common area is
deed restricted open space over which the County holds development rights. This matter
will appear on the Board agenda in the near future.'
Enclosed you will find 'copies of the staff reports and approved permits, along with
correspondence between`the County; and the Blackhawk Country Club regarding the
future of Final Development Plan amendments of this nature.
If you have any questions or concerns,please call me at(925)335-120$.
Sincerely,
r`.
Will Ne son
Project Planner
Office Hours Monday- Friday: 8:00 a.m. -5:00 p.m:
Office is closed the Ist, 3rd'&5th Fridays of each month