HomeMy WebLinkAbout06-024 Inspiration Circle Firebreak SDR
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: December 12, 2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
~
PUBLIC HEARING: P A 06-024 Inspiration Circle Firebreak - Site
Development Review to modify the location of an existing 15' wide
firebreak easement and rear yard fences at 10872, 10876, 10880, and 10884
Inspiration Circle. (Quasi-Judicial)
Report prepared by Jeff Baker, Senior Planner C{/J
1) Resolution approving a Site Development Review permit to modify
the location of an existing 15' wide firebreak easement and rear yard
fences located at 10872, 10876, 10880, and 10884 Inspiration Circle
2) Vicinity Map
3) Written Statement
4) Existing Fire Break Easement Plan
5) Proposed Fire Break Easement and Fence Plan
6) Letter from the HOA Board dated July 17,2006
7) Biological Resource Impact Study prepared by LSA Associates, Inc.
1) Receive Staff presentation;
2) Open the public hearing;
3) Receive testimony from the Applicant and the public;
4) Close the public hearing;
5) Deliberate; and
6) Adopt the Resolution (Attachment 1) approving the Site Development
Review permit to modify the location of an existing 15' wide
firebreak easement and rear yard fences located at 10872, 10876,
10880, and 10884 Inspiration Circle.
PROJECT DESCRIPTION:
The project site is located at 10872, 10876, 10880, and 10884 Inspiration Circle in the Hansen Hill
subdivision. The Hansen Hill subdivision is a development of single- family homes located in the western
hills of Dublin. This subdivision was originally approved for development by the City Council in 1989.
The development of the subdivision was constructed in three phases; the subject lots were developed in
Phase II of the Hansen Hill subdivision (Tract 6308).
Background
As a part of the project approval for the subdivision, there was an associated Site Development Review
(SDR) permit (PA 98-018) for the Hansen Hill development. One of the Conditions of Approval
(Condition 12a) required a fire buffer zone around the perimeter of the development adjacent to open
space areas. The fire buffer zone was required to provide a fire break between the natural open space
directly adjacent to the subject property. No structures, including fences, are permitted within this fire
COPIES TO: Applicant
Property Owners
File
Page 1 of5
ITEM NO.: 8. \
G:\PA#\2006106-024 Inspiration Circle Fire Breaklpcsr 12.12.06.doc
buffer zone and landscaping is restricted within the fire buffer zone. In some cases, this buffer zone is
located on individual lots and in other cases it is located within the open space parcel adjacent. to the
developed lots.
The subject lots (10872, 10876, 10880, and 10884 Inspiration Circle) back to the open space; therefore, a
15' wide fire break easement was recorded on the rear of the subject lots as required by the SDR approval.
The rear yard fences for these 4 properties are currently located a minimum of 15' from the rear property
line which is outside the required 15' wide fire break easement (Attachment 4).
History
On November 26, 2002, the Planning Commission reviewed a similar request for a Site Development
Review Permit (P A 02-015) by Daniel Pistone, the owner of the property at 10880 Inspiration Circle, to
relocate the existing fire break easement from the rear portion of the subject properties on to the adjacent
open space parcel. This application was the result of code enforcement action by the City that was
brought against Mr. Pistone as a result of improvements to his property that were within the fire break
easement and constructed without building permits. These improvements included the relocation of the
rear yard fence, construction of a swimming pool and associated landscaping and equipment. An
amendment to the CC&Rs was required in order to relocate the fire break easement. Therefore, the
Conditions of Approval for the SDR required an amendment to the CC&Rs in order to validate the SDR.
The Planning Commission approved the request for a SDR permit to relocate the existing 15' wide fire
break easement. The HOA subsequently held a vote of its members regarding the request to relocate the
fire break easement and amend the CC&Rs accordingly. The HOA members voted against the
amendment. Therefore, the SDR was rendered invalid and the easement was not relocated. The
improvements on the Piston property have since been modified to comply with the existing fire break
easement.
The current application (PA 06-024) to relocate the fire break easement and rear yard fence is by Mark
and Danielle Foster, the owners of 10872 Inspiration Circle. Mr. and Mrs. Foster relocated their rear yard
fence to the rear property line and within the existing fire break easement. The current fence location is in
violation of the fire break easement and CC&Rs. The adjacent property owners have similarly expressed
interest in relocating their rear yard fences. Therefore, the current application for Site Development
Review has been submitted to relocate the 15' wide fire break easement on to the adjacent open space
parcel that is owned and maintained by the HOA and to relocate the rear yard fences for the property at
10872, 10876, 10880, and 10884 Inspiration Circle. Under this proposal, the firebreak easement would
abut the rear property line of the subject lots and would be located entirely on the HOA parcel.
ANALYSIS:
The fire break easement is intended to provide a buffer between the natural open space and the subject
property. In order to be effective, this fire buffer must form a contiguous and unbroken area between the
homes and the adjacent open space. The existing fire break easement runs along the rear of the subject
lots starting from an access road to the west of 10872 Inspiration Circle and terminates into an open space
area to the east of 10884 Inspiration Circle (Attachment 4).
The proposed fire break easement would be located entirely on the open space parcel that is owned and
maintained by the Hansen Hill HOA. The proposed fire break easement would run along the rear of the
subject properties and connect to the existing fire break easement that surrounds 10894 and 10898
Inspiration Circle (Attachment 5). This proposed fire break easement would provide better protection
than the existing fire break easement because the proposed easement would provide a continuous and
unbroken fire buffer separating development from the open space area. The HOA would be required to
provide continued maintenance of the fire break easement in accordance with the requirements of the
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Alameda County Fire Department and the City of Dublin Wildfire Management Plan (Conditions 16 and
17). The Hansen Hill HOA Board has indicated their support to relocate the fire break easement on to the
HOA property (Attachment 6).
This request to relocate the fire break easement on to the HOA parcel would allow the homeowners of the
subject properties to relocate their rear yard fences to the rear property line and enjoy full use of their
entire lots. Any improvements to the rear yard of the subject lots would be subject to building permits
and the requirements of the Wildfire Management Plan.
Wildfire Management Plan
The City of Dublin Wildfire Management Plan contains policies that address development and
landscaping in areas adjacent to open space. The subject properties and adjacent open space parcels
owned by the Hansen Hill HOA are subject to the requirements of the City of Dublin Wildfire
Management Plan.
The proposed relocation of the fire break easement has been reviewed by the Alameda County Fire
Department (ACFD). The ACFD has determined that the proposed easement location satisfies the intent
of the original Conditions of Approval for PA 98-018 for the development and is consistent with the City
of Dublin Wildfire Management Program. All future improvements within the rear yard of the subject
properties would continue to be subject to the Wildfire Management Plan.
Biological Resource Impact Study
LSA Associates, Inc. completed a Biological Resource Impact Study to evaluate the potential for impacts
to biological resources in the project area as a result of relocating the fire break easement to the open
space and ongoing maintenance of the fire break easement (Attachment 7). In preparing this Biological
Resource Impact Study, LSA did not find the presence of special status species or habitat. However, the
study recommends mowing or hand removal of weeds as opposed to discing or the use of herbicides to
maintain the vegetation. The Conditions of Approval (Condition 17) prohibit discing and the use of
herbicides to manage the vegetation within the proposed fire break easement.
Declaration of Covenants, Conditions & Restrictions
The existing fire break easements located within the Hansen Hill subdivision are identified in the Hansen
Hill CC&Rs. Therefore, the Conditions of Approval (Condition 3) require an amendment to the project
CC&Rs in order to validate this SDR permit. An amendment to the CC&Rs is necessary in order to
remove the existing documented location of the firebreak easement for these four properties, document
the relocation of the subject fire break easement, and ensure continued maintenance of this easement.
Based on a review of the project proposal and the CC&Rs, the City Attorney believes that the amendment
to the CC&Rs requires a vote by the membership.
General Plan and Zoning
The City of Dublin General Plan includes land use designations and development densities. The existing
General Plan Land Use designations for the project site are Single-Family Residential and Open Space.
The project proposal to relocate the fire break easement and rear yard fences is consistent with the current
General Plan Land Use designations. The proposed fire break easement would continue to further the
Fire Hazards and Fire Protection policies of the General Plan (Section 8.2.2) which require a fire buffer
zone around the perimeter of residential development adjacent to undeveloped open space.
The project site is located within a Planned Development Zoning District (P A 95-007). The project
proposal is consistent with the existing zoning. Future improvement to the rear yard of the subject
properties is required to comply with the General Plan and the PD zoning district. The draft Resolution
contains a statement of findings related to conformance with the General Plan and Planned Development
zoning district (Attachment 1, pages 1-3).
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Review by City Departments
The Public Works Department, Building Division, Alameda County Fire Department, and Police Services
have all reviewed the proposed project. Conditions of approval from these agencies are included in the
proposed Resolution (Attachment 1).
NOTICING REQUIREMENTS:
A public hearing notice for this project was sent to all property owners and residents within 300 feet of
the subject property as required by state law. The public notice was also published in the Valley Times
and posted at several locations throughout the City.
ENVIRONMENTAL REVIEW:
This project is categorically exempt from the environmental review requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305 (Minor Alterations in
Land Use Limitations).
CONCLUSION:
This application has been reviewed by the applicable City departments and agencies, and their comments
have been incorporated into the Conditions of Approval for the project. The proposed project, as
conditioned, is consistent with the Dublin General Plan, the Planned Development Zoning District in
which the project site is located, the City of Dublin Wildfire Management Plan, and represents an
appropriate project for the site.
RECOMMENDATION:
Staff recommends that the Planning Commission: Receive Staff presentation; 2) Open the public hearing;
3) Receive testimony from the Applicant and the public; 4) Close the public hearing; 5) Deliberate; and 6)
Adopt the Resolution (Attachment 1) approving the Site Development Review permit to modify the
location of an existing 15' wide firebreak easement and rear yard fences located at 10872, 10876, 10880,
and 10884 Inspiration Circle.
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GENERAL INFORMATION
PROJECT APPLICANT:
Mark & Danielle Foster, 10872 Inspiration Circle
PROPERTY OWNERS:
Mark & Danielle Foster, 10872 Inspiration Circle, Dublin,
CA 94586
Sheldon Schachter, 10876 Inspiration Circle, Dublin, CA
94586
Daniel & Arlene Pistone, 10880 Inspiration Circle, Dublin,
CA 94586
Gholami Saeed, 10884 Inspiration Circle, Dublin, CA 94586
LOCATION:
10872,10876, 10880, 10884 Inspiration Circle
ASSESSORS PARCEL NO.:
941-2808-015,014,013, and 012
EXISTING ZONING:
Planned Development (P A 95-007)
GENERAL PLAN DESIGNATION:
Low Density Single-Family
SURROUNDING USES:
LOCATION
ZONING
Site
North
South
East
West
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RESOLUTION NO. 06 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW PERMIT TO MODIFY THE LOCATION OF
AN EXISTING 15' WIDE FIRE BREAK EASEMENT AND REAR YARD FENCES AT 10872,
10876,10880, AND 10884 INSPIRATION CIRCLE (APN 941-2808-015, 014, 013, and 012)
P A 06-024
WHEREAS, the Applicants, Mark and Danielle Foster, have requested approval of a Site
Development Review Permit to relocate a 15' wide fire break easement and rear yard fences at 10872,
10876, 10880, and 10884 Inspiration Circle; and
WHEREAS, LSA Associates, Inc. completed a Biological Resource Impact Study to evaluate the
potential for impacts to biological resources in the project area as a result of relocating the fire break
easement to the open space and the ongoing maintenance of the fire break easement, and provided
recommendations to avoid impacts to biological resources within the project area; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impact and that environmental documents be prepared; and
WHEREAS, the project has been found to be categorically exempt from the environmental review
requirements of CEQA pursuant to CEQA Guidelines Section 15305 (Minor Alternations in Land Use
Limitations); and
WHEREAS, the Planning Commission held a public hearing on said application on November
14,2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find that:
A. The proposed Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104,
Site Development Review, of the Zoning Ordinance because: I) relocation of the firebreak
easement and rear yard fence will be consistent with the environmental constraints of the site and
will allow full use of the rear yard of the subject properties in a manner consistent and compatible
with surrounding properties; 2) the proposed relocation of the existing 15' wide fire break
easement will provide a natural open space buffer between the subject properties and the adjacent
Attachment 1
open space areas consistent with the City of Dublin policies; and 3) the proposed relocation of the
rear yard fences is consistent with the requirements of the Site Development Review Permit for the
subdivision and will be consistent with the location of rear yard fences on the surrounding
properties.
B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies
with the policies of the General Plan, with the development regulations and performance
standards established for the Zoning District in which it is located and with all other requirements
of the Zoning Ordinance because: I) the project complies with the Single-Family General Plan
Land Use Designation and the Fire Hazards and Fire Protection policies of the General Plan which
require an undeveloped buffer between residential development and open space areas; 2) the
project complies with the Conditions of Approval established by prior Resolutions and
Ordinances; and 3) as conditioned, the project will be consistent with the Planned Development
Zoning District in which the project is located.
C. The proposed Project, as conditioned, will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety and general
welfare because: 1) the location of the proposed fire break easement and rear yard fences, as
conditioned, is consistent with the General Plan, Planned Development Zoning District, and the
City of Dublin Wildfire Management Plan and the fire break easement will provide a continuous
buffer between the subject properties and the open space; and 2) the proposed location of the rear
yard fences is consistent the surrounding properties and the location of typical rear yard fences.
D. The approved site development, including site layout, structures, vehicular access, circulation and
parking, setbacks, height, walls, public safety and similar elements, has been designed to provide
a desirable environment for the development because: I) the site was designed to provide a
desirable environment for single-family residential development; 2) the proposed fire break
easement will provide a continuous buffer between the existing residential development and the
adjacent open space; 3) the relocation of the rear yard fence is consistent with the location of the
rear yard fences on surrounding properties; and 4) the proposed location of the fire break easement
and rear yard fence will allow the owners of the subject properties the full use and enjoyment of
their property.
E. The subject site is physically suitable for the type, density, and intensity of the approved
development because: I) the subject properties have been previously graded and developed as
single-family residences; 2) the project proposal does not include additional development or
intensification of development on the project site; 3) the site has existing utilities, services,
parking, and access to the local roadway network; and 4) the scale of the proposed improvements
are compatible with similar improvements and existing buildings in the vicinity.
F. Impacts to views are addressed because: I) the project consists of relocating an existing fire break
easement on to the adjacent open space lot and the relocation of the rear yard fences to the rear
property line of the subject parcels; and 2) no development is allowed within the proposed fire
break easement.
G. Impacts to existing slopes and topographic features are addressed because: I) no major
topographic changes are proposed to the project site other than ongoing maintenance of vegetation
within the proposed fire break easement.
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H. Architectural considerations, including the character, scale, and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project and as conditions of approval in order to insure compatibility of this
development with the development's design concepts or theme and the character of adjacent
buildings, neighborhoods, and uses because: I) these elements have been previously incorporated
into the residences in order to ensure compatibility with existing and future development and
relocation of the fire break easement and rear yard fences will not effect these considerations.
I. Landscaping considerations, including the location, type, size, color, texture and coverage of
plant materials, provisions and similar elements have been considered to ensure visual relief and
an attractive environment for the public because: 1) the relocated fire break easement will be
located. in a grass land area containing natural vegetation and trees, and will be mowed and
maintained by the homeowner's association; and 2) as conditioned, the applicant is required to
maintain the rear yard in accordance with the Wildfire Management Plan.
J. The approval of the Site Development Review Permit is consistent with the Dublin General Plan
because: I) the proposed location of the 15' wide fire break easement is consistent with Fire
Hazard and Fire Protection policies of the General Plan which require an undeveloped buffer
between residential development and open space areas.
K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program
Contribution because: the project is not a development project subject to the public art
contribution as defined by Chapter 8.58.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
conditionally approve PA 06-024, a Site Development Review Permit application to relocate a 15' wide
fire break easement and rear yard fences at 10872, 10876, 10880, and 10884 Inspiration Circle, as
generally depicted by the topographic survey dated received September 21, 2006, stamped approved and
on file with the City of Dublin Planning Division.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works,
[ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda
County Fire Department, [DSRSD] Dublin San Ramon Services District, [A VI] Amador Valley
Industries, [CO] Alameda County Department of Environmental Health, [Zone 7] Alameda County Flood
Control and Water Conservation District Zone 7, [LA VTA] Livermore Amador Valley Transit Authority,
[CHS] California Department of Health Services.
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CONDITION TEXT
GENERAL
1. Approval. This Site Development Review (SDR) approval
is to relocate the existing 15' wide fire break easement
located on 10872, 10876, 10880, and 10884 Inspiration
Circle to the adjacent open space parcel and to relocate the
rear yard fences to the rear property line of 10872, 10876,
10880, and 10884 Inspiration Circle, P A 06-024. The
project shall generally conform to the project plans
submitted by Guida Surveying, Inc., dated received
September 21, 2006, on file III the Community
Development Department, and other plans, text, and
diagrams relating to this SDR, unless modified by the
Conditions of Approval contained herein.
2. Previous Approvals. Except as specifically modified by
the project as shown in Attachment A and further modified
by these conditions of approval, the project shall comply
with the Conditions of Approval associated with all
previous approvals granted for the Hansen Hill subdivision.
3. Validity of Site Development Review Approval.
Approval of this SDR shall only be valid if the Covenants,
Conditions & Restrictions (CC&Rs) applicable to the
subject properties are amended to relocate the 15' wide fire
break easement as shown on the topographic survey
prepared by Guida Surveying, Inc., dated received
September 21, 2006, and said amendment is recorded. The
rear yard fences shall not be relocated u.ntil such time as the
amendment to the CC&Rs has been recorded.
4. Removal of Improvements. Should the CC&Rs not be
revised to relocate the 15' wide fire break easement as
shown on the topographic survey dated received September
21,2006, and on file in the Planning Division, within one
(1) year of Planning Commission approval, the rear yard
fence 10872 Inspiration Circle (Foster property) shall be
removed and placed outside of the fire break easement in
the location approved with the SDR for the Hansen Hill
subdivision (PA 98-018).
5. Permit Expiration. Approval of the Site Development
Review shall be valid for one (1) year from approval by the
Planning Commission. If the CC&Rs have not been
revised in accordance with these Conditions of Approval
and the revised CC&Rs and fire break easement recorded
with the Alameda County Recorder's Office, this approval
shall be null and void. If there is a dispute as to whether
the Permit has expired, the City may hold a noticed public
hearing to determine the matter. Such a determination may
be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new
application must be made and processed according to the
requirements of this Ordinance.
4
RESPON.
AGENCY
PL
Various
PL,PW
PL,B
PL
WHEN
REQ'D
PRIOR TO
Ongoing
On-going
Recordation
of the Fire
Break
Easement and
relocation of
the fence to
the rear
property line.
One year
from approval
date.
One year
from approval
date
SOURCE
PL
Standard
PL
PL,B
DMC
8.96.020.D
CONDITION TEXT
6. Time Extension. The original approving decision-maker
may, upon the Applicant's written request for an extension
of approval prior to expiration, and upon the determination
that any Conditions of Approval remain adequate to assure
that applicable findings of approval will continue to be met,
grant a time extension of approval for a period not to
exceed six (6) months. All time extension requests shall be
noticed and a public hearing or public meeting shall be held
as required by the particular Permit.
7. Revocation of permit. The Site Development Review
permit approval shall be revocable for cause in accordance
with Section 8.96.020.1 of the Dublin Zoning Ordinance.
Any violation of the terms or conditions of this permit shall
be subject to citation.
8. Requirements and Standard Conditions. The Applicant
shall comply with applicable City of Dublin Fire
Prevention Bureau, Dublin Public Works Department,
Dublin Building Department, Dublin Police Services, 7,
Livermore Amador Valley Transit Authority, Alameda
County Public and Environmental Health, Dublin San
Ramon Services District and the California Department of
Health Services requirements and standard conditions.
Prior to issuance of building permits or the installation of
any improvements related to this project, the Developer
shall supply written statements from each such agency or
department to the Alameda County Flood Control District
Zone Planning Department, indicating that all applicable
conditions required have been or will be met.
9. Required Permits. Applicant shall obtain all necessary
permits required by other agencies including, but not
limited to Alameda County Flood Control and Water
Conservation District Zone 7, California Department of
Fish and Game, Army Corps of Engineers, Regional Water
Quality Control Board, Caltrans and provide copies of the
permits to the Public Works Department.
10. Fees. Applicant/Developer shall pay all applicable fees in
effect at the time of building permit issuance, including, but
not limited to, Planning fees, Building fees, Traffic Impact
Fees, TVTC fees, Dublin San Ramon Services District fees,
Public Facilities fees, Dublin Unified School District
School Impact fees, Fire Facilities Impact fees, Noise
Mitigation fees, Inclusionary Housing In-Lieu fees,
Alameda County Flood and Water Conservation District
(Zone 7) Drainage and Water Connection fees; or any other
fee that may be adopted and applicable.
5
RESPON.
AGENCY
PL
PL
Various
PW
Various
WHEN
REQ'D
PRIOR TO
One year
from approval
date
Ongoing
On-going
Building
Permit
Issuance
Building
Permit
Issuance
SOURCE
DMC
8.96.020.E
DMC
8.96.020.1
Standard
Standard
Various
CONDITION TEXT
11. Indemnification. The Applicant shall defend, indenmify,
and hold harmless the City of Dublin and its agents,
officers, and employees from any claim, action, or
proceeding against the City of Dublin or its agents, officers,
or employees to attack, set aside, void, or annul an approval
of the City of Dublin or its advisory agency, appeal board,
Planning Commission, City Council, Community
Development Director, Zoning Administrator, or any other
department, committee, or agency of the City related to this
project to the extent such actions are brought within the
time period required by Government Code Section
66499.37 or other applicable law; provided, however, that
the Developer's duty to so defend, indenmify, and hold
harmless shall be subject to the City's promptly notifying
the Developer of any said claim, action, or proceeding and
the City's full cooperation in the defense of such actions or
proceedings.
12. Clarifications and Changes to the Conditions. In the
event that there needs to be clarification to these
Conditions of Approval, the Directors of Community
Development and Public Works have the authority to
clarify the intent of these Conditions of Approval to the
Applicant/Developer by a written document signed by the
Directors of Community Development and Public Works
and placed in the project file. The Directors also have the
authority to make minor modifications to these conditions
without going to a public hearing in order for the Developer
to fulfill needed improvements or mitigations resulting
from impacts of this proiect.
PUBLIC WORKS
13. Revisions of CC&Rs for Subdivision. Prior to
recordation, the applicant shall submit a draft of the
proposed revised language addressing the relocation of the
Fire Break Easement to be included in the Declaration of
Covenants, Conditions and Restrictions of the Hansen Hill
HOA, for review and approval by the Public Works
Director.
14. Submittal of Plats and Descriptions. Prior to
recordation, the Applicant shall submit a plat map, legal
description, closure calculations and grant of fire buffer
zone document prepared by a licensed surveyor or a
licensed civil engineer for review and approval by the City
Engineer.
15. Recordation. The Applicant shall record grant of fire
buffer zone, plat map and legal description documents, and
an amendment to the CC&Rs with the Alameda County
Recorder at the Applicant's cost, and provide the City a
recorded copy of the documents.
6
RESPON.
AGENCY
ADM
PL,PW
PW
PW
PW
WHEN
REQ'D
PRIOR TO
Ongoing
Recordation
of the revised
Fire Break
Easement
Recordation
of the Fire
Break
Easement
Recordation
of the revised
Fire Break
Easement
Recordation
of the revised
Fire Break
Easement
SOURCE
Administrat
ion! City
Attorney
Standard
PW
PW
PW
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
PRIOR TO
FIRE
16. Wildfire Management Plan. The project shall comply with F On-going F
the City of Dublin Wildfire Management Plan including
maintenance of vegetation and weeds.
17. Maintenance of Relocated Fire Buffer Zone. The F On-going F
maintenance of the relocated Fire Buffer Zone shall be the
responsibility of the Hansen Hill Homeowners Association.
Because the proposed 15' wide easement is located in a
natural open space area that is inhabited by various wildlife
species, the easement area shall be mowed, but discing and
the use of herbicides to maintain the easement is prohibited
in accordance with the recommendations of the Biological
Resource Impact Survey prepared by LSA Associate, Inc.,
dated August 9,2002 and July 17,2006.
18. Fire Break Easement. No structures or improvements may F On-going F
be installed within the Fire Break Easement.
19. Fencing. All rear-yard fencing (view fences) presently F On-going Standard
located on the lots subject to the relocation of the fire break
easement shall be relocated to the rear property line of the
lot. The new fence locations shall be marked in the field by
a licensed Land Surveyor or Civil Engineer. The fencing
shall be installed and maintained as view fences, and be
constructed of fire resistant materials in accordance with
the City of Dublin Wildfire Management Plan.
20. Maintenance of Rear Yard Area of Lots. Property F On-going F
owners shall maintain the entire rear yard area of the
subject lots in accordance with the Wildfire Management
Plan.
PASSED, APPROVED AND ADOPTED this 14th day of November 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IP A#\2006106-024 Inspiration Circle Fire Breaklpc reso.DOC
7
Vicinity Map
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DIVy CeettlL ~
'PRDYee-r S I""IE'
Attachment 2
Written Statement-Answers to questions
a. What type of business, activity or use are you proposing?
Relocate fire break zone/ easement and align contiguous
fence and create contiguous ACFD access.
b. How many employees will you have or propose? N / A
c. What are the proposed hours and days of operation? N / A
d. Are there any ways in which your business, activity or use
have a negative effect on the health & safety of persons
residing in the vicinity or public health safety or general
welfare? None
e. Describe how the design of the project including site
layout, structures, vehicular access, circulation and parking
etc. will provide a desirable environment for the future
development. The proposed project will make a uniform
fence line for this block of homes and a clear path for the
fire department.
f. Is the site physically suitable for the type and intensity of
development proposed? Yes. There is plentiful room to
move the existing "fire break zone & / or easement off of
proposed properties just as what was done to the
neighboring development Taylor Woodrow. There was
previously an Ecological survey done 1- 2 years ago on this
area to confirm by the city the acceptance to move the "fire
break zone & or easements down the hill and off the
backyards of the homes listed on this particular SDR.
g. Describe how the proposed development may impact views.
The view will be that of a uniform fence line; and contiguous
A CFD access.
h. Describe the physical characteristics of the site including
existing slopes and topographic features. The site is a
Attachment 3
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SHEET
1
5
OF 1 SHEET
Mark & Danielle Foster
10872 Inspiration Circle
Dublin California 94568
March 16, 2006
Dear Mark and Danielle:
This letter is to memorialize the discussions between you, your neighbors at 10876, 10880 and
10884 Inspiration Circle and the Board of Directors for Hansen Ranch Owners' Association
regarding your application to the City of Dublin and Fire District requesting approval of moving
the existing rear yard Fire Buffer Zones from inside your rear yard property lines (and in some
cases inside your original fence lines) back to the rear yard property lines of the above mentioned
homes.
Speaking on behalf of the Board, the Board agrees to support approval of your current
application to the City of Dublin and Fire District to move the existing Fire Buffer Zones if your
submitted plans are found acceptable to both the City and Fire District.
In addition, per the letter from Berding and Weil (the Hansen Ranch HOA attorneys) dated
February 14, 2006, the Board has the authority to support your application without a HOA
member vote and amending the CC&Rs. Therefore, on behalf of the Board, the Board hereby
supports your application to move the Fire Breaks as described above.
Please notify the Board when your application to the City and Fire District will be moving
forward within the approval process as we will need to ensure additional information is provided
to the HOA membership regarding your application in a timely manner.
Sincerely yours, . /.)
~CZ~-_/
Brent A. Wood t7 2?';;?7 L
President, Hansen Ranch Owners' Association
Attachment 6
,"-
,"
L SA I
)
LSA ASSOCIA'1.---,o-"';. INC.
1 57 PARK PLACE
PT. RICHMOND, CA 94801
510.236.6810 TEL
510.236.3480 FAX
BBRKELEY
CARLS BAD
COLMA
I
PORT COLLINS
IRVINE
PALM SPRINGS
RIVBRSIDE
R.OCKLlN
SAN LUIS OBISPO
July 17, 2006
Mr. Jeff Baker
City of Dublin Planning
100 Civic Plaza
Dublin, CA 94568
Subject:
Results of Biological Resource Impact Study
Inspiration Circle Firebreak, P A 06-024
Dear Jeff:
LSA Associates, Inc. (LSA) has completed a reconnaissance-level biological resources survey of the
proposed fire buffer zone to the rear of 10872-10884 Inspiration Circle in the Hansen Hill residential
area of Dublin. The homeowners of the above lots desire to relocate the existing fire buffer zone
(which is currently within several of the lots) to the common open space that abuts the rear of the lots.
LSA biologist Matt Ricketts visited the area on July 13, 2006 to confirm that habitat conditions had
not significantly changed since our last study dated August 9, 2002 (see attached).
Results
As in 2002, the proposed fire buffer zone had been recently mowed. Existing vegetation and habitat
conditions appeared unchanged from that observed in our previous study (see attached). The nearby
oak-bay woodland continues to support a thriving bird community, with the following species
observed on or within 100 feet of the fire buffer zone: mourning dove, Anna's hummingbird, Nuttall's
woodpecker, black phoebe, ash-throated flycatcher, Hutton's vireo, Steller's jay, western scrub-jay,
bushtit, Bewick's wren, California towhee, black-headed grosbeak, house finch, and lesser goldfinch.
Western fence lizard was the only non-avian wildlife species observed, although suitable habitat
continues to be present for the native reptiles and mammals listed in the 2002 report.
Given that the proposed firebreak relocation is essentially identical to that proposed in 2002, our
conclusion that no native wildlife species will be adversely affected remains the same. We continue to
recommend mowing and hand removal as the primary management tool, since discing and herbicides
could adversely affect the native vegetation and wildlife resources currently present.
Please call me or Matt Ricketts at 510-236-6810 if you have any questions or require further
information.
Sincerely,
LSA ASSOCIATES, INC.
~, ~. ~-
Malcolm J. Sproul
Principal
Attachment - LSA letter to Ms. Janet Harbin, City of Dublin, dated August 9, 2002
PLANNING
ENVIRONMENTAL SCIENCES
DESION
RECEIVED
JUL 1 8 2006
DUBLIN PLANNING
Attachment 7
07/13/06 (P:\CDU730\Inspiration Circle FirebreakIBioRpt.doc)
L SA
IASSOCIATES, INC.
157 PARK PLACE 510.236.6810 TEL
PT. RICHMOND, CALIFOltNIA 94801 510.236.3480 FAX
OTHER OFFICES:
BERKELEY IUVERSIDE
IRVINE ROCKLIN
August Q, 2002
Ms. Janet Harbin
Senior Planner
100 Civic Plaza
Dublin, CA 94568
Subject:
Hansen Hill Fire Buffer Zone Relocation (Daniel Pistone), PA 02-015
Results of Biological Resource Impact Study
Dear Janet:
LSA Associates, Inc. (LSA) has completed a reconnaissance-level biological fesources survey of the
area adjacent to Lots 95 and 103 to 108 in the Hansen Hill residential development in Dublin.
Relocating the existing fire break easement from within these lots to the common open space located
immediately adjacent to the rear property lines has been proposed. LSA biologist Matt Ricketts
visited the site on July 26, 2002 and surveyed the pfoposed fife buffer zone by walking a straight-line
transect along the proposed alignment. Specific attention was paid to existing habitat conditions and
potential impacts to wildlife that could result from relocation of the fire buffer zone.
At the time of the site visit, the proposed fire buffer zone had been recently mowed in an
approximately IS-foot wide strip along the rear of the lots. Vegetation is dominated by non-native
grasses such as wild oats (Avenafatua) and Italian ryegrass (Lolium multiflorum) with scattered
patches of rude fa I herbaceous species such as bristly ox-tongue (Picris echioides), thistle (Cirsium
sp.), yellow star thistle (Centaurea solstitialis), and clover (Trifolium sp.). Several stunted (from
mowing) coyote brush (Baccharis pilularis) shrubs are present on the slope north of Lots 107 and
108. The species composition of the grassland in this area and the presence of the stunted coyote
brush indicates that this area has been mowed in the past. The area below the proposed easement on
Lots 107 and 108 contains a small thicket of mature coyote brush, mugwort (Artemesia douglasiana),
and poison hemlock (Conium maculatum) that grades into the adjacent woodland. This dense
woodland dominated by coast live oak (Quercus agrifolia) and California bay (Umbellularia
californica) covers the lower slopes leading down to Martin Canyon Creek, which is the drainage at
the base of the hill below the lots. A few oak and bay trees are located off the northwestern comer of
Lots 106 and 108.
The non-native grassland within the proposed buffef zone in association with the rest of this hillside
provides habitat for a variety of common native wildlife. Species which are likely to occur hefe
include western fence lizard, western skink, alligator lizard, gopher snake, yellow-bellied racer,
8/9/02(H:\MattR\Letter Reports\HansenHiIlBioRecon. wpd)
PLANNING
ENVIR.ONMENTAL SCU;NCES
DESI GN
LSA ASSOCIATES, INC.
pocket gopher western harvest mouse, California vole, western scrub-jay, western bluebird, northern
mockingbird, California towhee and lesser goldfinch. No special-status species were observed
within or adjacent to the buffer zone and none are likely to occur here. Mowing the proposed buffer
zone is not likely to significantly impact these and other species which inhabit this hillside. Discing
would have significant impacts to these species as would using herbicides to kill or prevent plant
growth. . .
We reviewed the project EIR mitigation measures and Corps of Engineers permit requirements for
this project to determine if any conditions had been specified regarding the location of a fire buffer
zone. The only reference to the need for a fire buffer zone is in the Public Services section of the
DEIR under "Fire". This is on page 3-75, Mitigation Measure #3 which states that "".a permanent
fuel break of 15 feet is under review... for every home which borders undeveloped land." The
measure goes on to recommend that the fuel brake be sprayed annually to prevent growth, be located
to accommodate fire fighting vehicles, not exceed 20% in grade, and not have any dead ends. The
measure does not specifically address whether it should be located within the lots or along their rear
boundary in project open space. As project approvals did not specify the location ofthe buffer zone
there is no restriction on the City considering this request.
We conclude that the proposed relocation of the fire buffer zone with a management program of
mowing will not adversely impact native wildlife species. Discing or the use of herbicides to manage
a fire buffer zone at this location would impact the vegetation and wildlife resources which are
present.
Please call me or Matt Ricketts at 510-236-6810 if you have any questions or require further
information.
Sincerely,
~(V~~" ~.~.
Malcolm 1. Sproul
Principal
8/9/02(H:\MatIR\Letter Reports\HansenHiIlBioRecon.wpd) 2