The applicants are responsible for all costs associated with processing the subdivision application.

Project Description  
This is a hearing of an appeal of the County Planning Commission’s decision to approve a two-lot minor subdivision to subdivide a 42,350-square-foot lot, located at 2216 Blackwood Drive in the unincorporated Walnut Creek area, into two parcels (Parcel A: 20,536 square-feet; Parcel B: 22,772 square-feet). The project includes removal of 13 code-protected trees on Parcel A and within the Blackwood Drive public right-of-way, and a variance to allow an average width of 110.8 feet for each lot (where 120 feet is required). The project also includes an exception to the Title 9 sidewalk requirements for the subdivision and the requirement for existing overhead utility lines to be relocated underground for Parcel A.   
  
The subject property is within an established residential neighborhood that is primarily within the R-20 Residential Zoning District, with several properties in an R-15 Zoning District to the east and several properties within a P-1 Zoning District to the southwest. Interstate 680 is located approximately 0.6 miles to the west, and the City of Walnut Creek is approximately 570 feet to the northeast and 1,700 feet to the southwest of the subject property. The subject property is a gently sloped lot located between Blackwood Drive and Norris Road in the unincorporated area of Walnut Creek, with Parcel A fronting Blackwood Drive, a public road, and Parcel B fronting Norris Road, a private road. The property slopes more steeply from the existing residence located on Parcel A down to Blackwood Drive. Blackwood Drive has a pavement width of approximately 23 feet within a 50-foot right of way. Norris Road provides access to Mountain View Boulevard to the southeast and has a right of way of approximately 30 feet. The pavement on Norris Road ends at the subject property where the easement is chained off. The pavement resumes 800 feet to the northwest, where Norris Road provides access to San Miguel Drive. Portions of the Norris Road private road easement were widened as part of MS05-0046, and the pavement was widened and curbs were constructed along the frontage. An existing residence is located on Parcel A and is to remain with no proposed modifications.  

Approval of the two-lot subdivision would allow future development of one new single-family residence on Parcel B. Along the frontage for Parcel A, the pavement of Blackwood Drive will be widened to 36 feet within the existing 50-foot right of way. Blackwood Drive frontage improvements will include pavement widening and a curb to be constructed along the frontage with the face of the curb to be located 18 feet from the centerline of the right of way. The project includes an exception to the sidewalk requirement of Title 9 of the County Code as there are no other sidewalks in this neighborhood along Blackwood Drive. The existing driveway on Parcel A will be redesigned due to the widening of Blackwood Drive and the steepness of the existing driveway. For Parcel B, the Norris Road easement and pavement will be widened to match other portions of Norris Road, and a curb will be constructed at the frontage. A paved turnaround will be added at the termination of the paved portion of Norris Road, which will also provide access to Parcel B. The project also includes an exception to the requirement that overhead utilities shall be relocated underground for Parcel A. An explanation of the reasons for granting the exception to the undergrounding requirements for Parcel A and for the granting a variance to the lot widths can be found in the attached Findings and Conditions of Approval document.  
  
Procedural History  
The applicant (Campos Development, LLC) submitted an application for a two-lot subdivision of the subject property on August 2, 2019. On October 1, 2020, a mitigated negative declaration was prepared for the project. During the comment period, 15 letters were received providing concerns regarding trees proposed for removal, impacts to Norris Road (a private road), and concerns regarding the process of the minor subdivision application. On December 21, 2020, the Zoning Administrator held a public hearing on the project. Public comments concerning access from Norris Road, tree removal, and potential impacts to neighboring properties were provided. The Zoning Administrator closed the hearing and approved the project with modifications to COA #5, which was changed slightly for clarification, and to COA #12, which required a tree permit for tree removal on Parcel B. To address neighbor privacy concerns, the Zoning Administrator increased the size of replacement trees to 25-gallon size trees in COA #13A and B and added that the neighbor at 2244 Blackwood Drive be allowed to review and comment on the required tree planting plan. Lastly, COA #40 was added to include compliance with the CALGreen debris recovery program.  
  
Staff received one letter on December 30, 2020, appealing the Zoning Administrator’s decision. The appeal points were primarily related to the concerns regarding access to the subject property from Norris Road. The County Planning Commission held a public hearing on the project and appeal on February 10, 2021. Public comments included concerns regarding access from Norris Road and the undergrounding of utility lines. The Planning Commission closed the hearing and unanimously upheld the County Zoning Administrator’s decision and denied the appeal.  
  
One appeal was filed on the matter by Daniel Schoenberg, a neighbor of the subject property.  
  
Appeal of the County Planning Commission’s Decision  
On February 19, 2021, Daniel Schoenberg filed an appeal with the Department of Conservation and Development, Community Development Division, of the County Planning Commission’s denial of the appeal and approval of the project. The appeal points have been summarized and addressed below.  
  
Summary of Appeal Point #1: The appellant questions the County’s authority to grant access and new address rights to a primary residence on Norris Road and would like for the County to show where two primary access rights exist.   
Staff Response: County staff has reviewed the available information and materials, including the 1912 subdivision map that originally subdivided the area and the current Assessor's parcel page for the subject property. The subject property is a portion of a larger lot depicted on the 1912 map. Based on the 1912 map, the subject property’s boundary extends to the centerline of the Norris Road easement. Prior to the creation of Blackwood Drive in 1945, the Norris Road easement provided the only access to the subject property. After the creation of Blackwood Drive, the subject property fronted both Blackwood Drive and Norris Road. Staff has not identified any record that the property ever relinquished or vacated access rights to Norris Road. The current Assessor’s parcel page depicts that the subject property abuts Norris Road. Accordingly, staff determined that the resulting Parcel B may be accessed by Norris Road.  
  
Summary of Appeal Point #2: The appellant requests that both Parcel A and Parcel B be accessed from Blackwood Drive, or that the applicant produce a feasibility study why such access is not feasible.  
Staff Response: Staff has determined that Parcel B may be accessed from Norris Road. Because the subject property may be accessed from Norris Road for Parcel B, a feasibility study regarding access to Parcel B from Blackwood Drive is not required. Requiring access to Parcel B from Blackwood Drive, through Parcel A, would place an undue burden on the project and Parcel A. Due to the width of the lot, the location of the existing residence, and the steepness of the slope from Blackwood Drive, access from Blackwood Drive would require the approval of an access easement, additional setback and lot size variances, additional tree removals, and more exceptions to the Title 9 requirements. Access from Norris Road is the least intrusive option. Although alternative access points were considered by the applicant, a feasibility study was not done and is not required.  
  
Summary of Appeal Point #3: The 1912 parcel map provided does not specify the rights to have two primary address access points for one property.  
Staff Response: The 1912 parcel map shows the original parcel from which the subject property was created with access to Norris Road. After the creation of Blackwood Drive, the subject property fronted both Blackwood Drive and Norris Road. Staff has not identified any record that the property ever relinquished or vacated access rights to Norris Road.   
  
Summary of Appeal Point #4: Several questions raised at the County Planning Commission hearing could not be confirmed.  
Staff Response: Staff was available and answered all questions. The appeal letter does not specify which questions are at issue.  
  
Summary of Appeal Point #5: At the February 10, 2021 hearing, only the underground utility requirement for Parcel A was discussed and an exception for Parcel A was approved. The appellant wants the underground utility requirement for Parcel B to be upheld to eliminate fire risk due to downed or exposed power lines.  
Staff Response: Per Condition of Approval #32, the service lines to any new residence on Parcel B are required to be installed underground.  
  
Conclusion  
The proposed two-lot minor subdivision is consistent with the Single-Family, Low-Density (SL) General Plan land use designation and the Single-Family Residential (R-20) Zoning District. Staff has determined that the subject property, and the resulting Parcel B, may be accessed by Norris Road. Accordingly, staff recommends that the Board of Supervisors deny the appeal and approve County File #MS19-0007.

If the Board of Supervisors grants the appeal, the subdivision of the subject property would be denied and the applicant and owner, Campos Development LLC, would be unable to move forward with the project as proposed.

Speakers:  Daniel Schoenberg, Appellant.  Jeff Rooney, Campos Development LLC, Applicant; Barbara Spruck, Walnut Creek.