HomeMy WebLinkAboutPCReso02-41 PA02-015 Hansen Hill Fire Buffer Zone SDR RESOLUTION NO. 02-41
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING THE SITE DEVELOPMENT REVIEW FOR RELOCATION OF A PORTION
OF THE HANSEN HILL RANCH FIRE BUFFER ZONE (DANIEL PISTONE)
PA 02-015
WHEREAS, Daniel Pistone has requested approval of a Site Development Review to allow
relocation of an existing 15-foot deep Fire Buffer Zone within residential lots to a location in an Open
Space area adjacent to the rear property lines for certain residential lots in the West Dublin hillside.
The relocation of the Fire Buffer Zone would pertain to Lots 94, 95, 103, 104, 105, 106, 107 and 108
of Tract 6308, which are within the residential subdivision known as the Hansen Hill Ranch
development; and
WHEREAS, a complete application for the above noted entitlement request is available and on
file in the Department of Community Development; and
WHEREAS, Applicant has submitted a project site survey map for the subject properties prepared
by Guida Surveying, Inc. dated received April 8, 2002, and a Site Plan, Hardscape/Lighting/Drainage
Plan, Irrigation Plan and Planting Plan prepared by Christopher Lines for the Pistone property, for a Site
Development Review for the relocation of the Fire Buffer Zone outside of the existing residential lots in
an area owned and maintained by the Hansen Ranch Homeowners Association;
WHEREAS, the Project is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental
Guidelines, under Section 15301, Class 4(i) of the State CEQA Guidelines, as the project is a fuel
management activity due to hazardous fire conditions, and would not result in the taking of any plant or
animal species or its habitat based on the results of the Biological Resource Impact Study prepared by
LSA Associates, Inc., environmental consultants, and dated August 9, 2002; and
WHEREAS, the City Council adopted Resolution Nos. 20-89 and 21-89, approved on February
27, 1989, pertaining to PA 87-045 Hansen Hills General Plan Amendment and Mitigation Monitoring
Program for the EIR; City Council Resolution Nos. 128-89, 129-89, and 130-89, approved by the City
Council on November 27, 1989, pertaining to PA 89-062 Hansen Hills Tentative Map, Prezoning,
Annexation and Mitigation Monitoring Program for the Mitigated Negative Declaration; Ordinances 5-92
and 4-97 approved by the City Council on February 24, 1992, and March 13, 1995 pertaining to the
Development Agreement for Hansen Prezoning, Annexation and Mitigation Monitoring Program for the
Mitigated Negative Declaration; Ordinances 5-92 and 4-97 approved by the City Council on February 24,
1992, and March 13, 1995 pertaining to the Development Agreement for Hansen Hills; City Council
Resolution 23-95 adopted by the City Council on February 27, 1995 pertaining to PA 94-054 Tentative
Map Amendment to Tentative Map 5766, Phase I; Ordinance 4-95 amending the Hansen Hills
Development Agreement adopted by the City Council on March 13, 1995; Resolution 56-95 approving
the Planned Development Rezoning and General Provisions for Hansen Ranch Phase II adopted by the
City Council on June 13, 1995; Resolution 57-95 approving Tentative Map Amendment 6308 adopted by
the City Council on June 13, 1995; Resolution 111-96 amending the Hansen Ranch Development
Agreement adopted by the City Council on September 17, 1996; an amendment to the Development
Agreement approved by the Community Development Director on September 26, 1996; and Appealable
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Action Letters for PA 97-009 and PA 98-018 approved by the Community Development Director on July
10, 1997 and June 23, 1998, respectively; and
WHEREAS, the Planning Commission does find it appropriate, to amend the location of the Fire
Buffer Zone as shown on the project site survey maps, and for the Applicant to amend the Declaration of
Covenants, Conditions, and Restrictions (CC&Rs) for the Hansen Hill Ranch subdivision accordingly.
Should the Covenants, Conditions, and Restrictions (CC&Rs) not be amended and recorded to relocate
the Fire Buffer Zone with the appropriate text and exhibits within one year, this Site Development Review
approval shall be invalid; and,
WHEREAS, the Planning Commission did hold a public hearing on said project application on
November 26, 2002 and considered the Site Development Review application for this project; and
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
WHEREAS, a Staff report was submitted to the Planning Commission recommending that the
Planning Commission approve the project and adopt this resolution; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Planning Commission
of the City of Dublin does hereby approve the Site Development Review for relocation of the 15-foot
Fire Buffer Zone for Lots 94, 95, 103, 104, 105, 106, 107 and 108 of Tract 6308, which are within the
residential subdivision known as the Hansen Hill Ranch development, and makes the following
findings and determinations regarding said proposed Site Development Review:
mo
The approval of this Site Development Review application is consistent with the intent and
purpose of Section 8.104 SITE DEVELOPMENT REVIEW, because the project is compatible
with the site, surrounding properties, and the previously approved Hansen Hill Ranch Planned
Development, as amended.
Bo
The approval of this Site Development Review application, as conditioned, complies with the Low
Density Residential designation of the General Plan; Conditions of Approval established by prior
resolutions and ordinances; an amendment to the Development Agreement sent to the Applicant
on September 26, 1996; the Planned Development for this project as amended, as well as the
General Requirements established in the Zoning Ordinance.
Co
The approval of the Site Development Review application, 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 the relocation of the Fire Buffer Zone for Lots
94-95 and 103-108 of Tract 6308 establishes the regulations and conditions for the project related
to maintenance of the new easement area. The existing development will continue to provide
attractive and well-sited housing and is not proposed for change.
The proposed development, including site layout, vehicular access, circulation, parking, setbacks,
height, walls, public safety and similar elements have been designed to provide a desirable
environment for the single family development.
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The subject site is physically suitable for the type and intensity of the approved development
because it has been graded into individual lots suited to the types of residences proposed.
Additionally, the relocated Fire Buffer Zone will be adjacent to the rear yard of the lots and within
an existing Open Space area presently maintained by the Hansen Ranch Homeowners association.
Impacts to views are addressed in the EIR for the project. No views will be interrupted by this
project as it consists of relocating the Fire Buffer Zone to an Open Space area adjacent to the lots,
and no construction would be permitted in the buffer area.
Impacts to existing slopes and topographic features are addressed in the EIR for the project. The
site has been graded to create the existing lots upon which the homes will be built.
Ho
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 previously
incorporated into the residences in order to ensure the compatibility of the residences with future
development adjacent the site. The relocation of the Fire Buffer Zone will not affect any
architectural considerations as it will be within an existing Open Space area and no construction is
proposed.
Landscape considerations, including the locations, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an
attractive environment for the public. The relocated Fire Buffer Zone will be in a grassland area
containing natural vegetation and trees, and will be mowed and maintained by the Homeowners
Association
The approval of this Site Development Review will be consistent with the policies set forth within
the Dublin General Plan
CONDITIONS OF APPROVAL - PA 02-015:
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 Department of Community
Development review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the conditions of approval: [ADM] Administration/
City Attorney, lB] Building division of the Community Development Department, [DSR] Dublin
San Ramon Services District, [F] Alameda County Fire Department/City of Dublin Fire
Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development
Department, [PO] Police, lPWl Public Works Department.
# CONDITION TEXT RESPON. WHEN HOW IS
REQ'D CONDITION
AGENCY Prior to: SATISFIED?
GENERAL CONDITIONS
1 Approval. This Site Development Review approval PL, PW On-going Standard
for the relocation of the existing 15-foot Fire Buffer
Zone for Lots 94 and 95 and 103 through 108 of Tract
6308 establishes the regulations and conditions for the
project. Development pursuant to this Site
Development Review shall conform to the project site
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# CONDITION TEXT RESPON. WHEN HOW IS
REQ'D CONDITION
AGENCY Prior to: SATISFIED?
survey, Exhibit A, submitted by Guida Surveying, Inc.
dated received April 8, 2002, and to the Site Plan,
Hardscape/ Lighting/ Drainage Plan, Irrigation Plan
and Planting Plan submitted by Christopher Lines on
file in the Planning Department, and other plans, text,
and diagrams relating to this Site Development
Review, unless modified by the Conditions of
Approval contained herein.
2. Previous Conditions of Approval. Except as PL On-going Standard
specifically modified in these Conditions, development
shall conform to the Conditions of Approval
established by: City Council Resolution Nos. 20-89
and 21-89, approved on February 27, 1989, pertaining
to PA 87-045 Hansen Hills General Plan Amendment
and Mitigation Monitoring Program for the EIR; City
Council Resolution Nos. 128-89, 129-89, and 130-89,
approved by the City Council on November 27, 1989,
pertaining to PA 89-062 Hansen Hills Tentative Map,
Prezoning, Annexation and Mitigation Monitoring
Program for the Mitigated Negative Declaration;
Ordinances 5-92 and 4-97 approved by the City
Council on February 24, 1992, and March 13, 1995
pertaining to the Development Agreement for Hansen
Hills; City Council Resolution 23-95 adopted by the
City Council on February 27, 1995 pertaining to PA
94-054 Tentative Map Amendment to Tentative Map
5766, Phase I; Ordinance 4-95 amending the Hansen
Hills Development Agreement adopted by the City
Council on March 13, 1995; Resolution 56-95
approving the Planned Development Rezoning and
General Provisions for Hansen Ranch Phase II adopted
by the City Council on June 13, 1995; Resolution 57-
95 approving Tentative Map Amendment 6308 adopted
by the City Council on June 13, 1995; Resolution 111-
96 amending the Hansen Ranch Development
Agreement adopted by the City Council on September
17, 1996; an amendment to the Development
Agreement approved by the Community Development
Director on September 26, 1996; and Appealable
Action Letters for PA 97-009 and PA 98-018 approved
by the Community Development Director on July 10,
1997 and June 23, 1998, respectively.
3. Validity of Site Development Review Approval. PL Prior to Issuance Standard
Approval of this Site Development Review shall only of Building
be valid if the Conditions, Covenants, and Restrictions Permits
(CC&Rs) applicable to the subject property are
amended to relocate the 15-foot Fire Buffer Zone as
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# CONDITION TEXT RESPON. WHEN HOW IS
REQ'D CONDITION
AGENCY Prior to: SATISFIED?
shown on the project site survey, Exhibit A, prepared
by Guida Surveying, Inc. dated received April 8, 2002,
and said amendment is recorded. Applicant must
submit the revised CC&Rs to the City prior to issuance
of building permits.
4. Removal of Improvements. Should the CC&Rs not PL, B One year from Standard
be revised to relocate the 15-foot Fire Buffer Zone as approval date
shown on the project site survey, Exhibit A, within one
(1) year of Planning Commission approval,
improvements on the Pistone property (Lot 106 of
Tract 6308) within the existing Fire Buffer Zone shall
be removed.
5. Term. Approval of the Site Development Review PL Issuance of Standard
shall be valid for one (1) year from approval by the Building Permits
Planning Commission. If the CC&Rs have not been
revised in accordance with Condition #3 above and
further construction of improvements on the Pistone
property has not commenced by that time, this approval
shall be null and void. The approval period for Site
Development Review may be extended six (6)
additional months by the Director of Community
Development upon determination that the Conditions
of Approval remain adequate to assure that the above
stated findings of approval will continue to be met.
(Applicant/Developer must submit a written request for
the extension prior to the expiration date of the Site
Development Review.)
6. Revocation. The SDR will be revocable for cause in PL On-going Municipal
accordance with Section 8.96.020.I of the Dublin Code
Zoning Ordinance. Any violation of the terms or
conditions of this approval shall be subject to citation.
7. Ordinances/General Plan/Policies. The Developer PW, PL Issuance of Standard
shall comply with, meet, and/or perform all Building Permits
requirements of the Subdivision Map Act, City of
Dublin Subdivision Ordinance, City of Dublin Zoning
Ordinance, the City of Dublin General Plan, the City of
Dublin Standard Conditions of Approval, Public
Works Policies, City Grading Ordinance and all
Building and Safety Division requirements, including
adherence to the adopted Uniform Building Code,
unless certain Public Works requirements are modified
by the Director of Public Works.
8. Hold Harmless. The Applicant shall defend, PL, PW Ongoing Standard
indemnify, and hold harmless the City of Dublin and
its agents, officers, and employees from any claim,
action, or proceeding against the City and its agents,
officers, or employees to attack, set aside, or annul an
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# CONDITION TEXT RESPON. WHEN HOW IS
REQ'D CONDITION
AGENCY Prior to: SATISFIED?
approval of the City of Dublin or its advisory agency,
Planning Commission, City Council, Director of
Community Development, Zoning Administrator, or
any other department, committee, or agency of the City
of the site development review; provided, however,
that the Applicant/Developer's duty to defend,
indemnify, and hold harmless under this provision shall
be subject to the City's promptly notifying the
Applicant/Developer of any said claim, action, or
proceeding and the City's cooperation in the defense of
such actions or proceedings.
9. Water Efficient Landscape Regulations. Applicant DSR, Issuance of Standard
shall comply with all implementation measures of the PW Building Permits
"Water Efficient Landscape" Regulations of the
Zoning Ordinance.
10. Required Permits. Applicant/Developer shall obtain Various Various times, Standard
all necessary permits required by other agencies (i.e., but no later than
Alameda County Flood Control District Zone 7, Issuance of
California Department of Fish and Game, Army Corps Building Permits
of Engineers, State Water Quality Control Board, Etc.),
and shall submit copies of said permits to the Public
Works Department prior to issuance of Building
Permits.
11. Clarifications and Changes to Conditions. In the PL On-going PL
event that clarifications and/or changes to these
conditions of approval are required, the Director of
Community Development shall have the authority to
clarify the intent of the conditions without going to a
public hearing. The Director of Community
Development also has the authority to make minor
modifications to these conditions without going to a
public hearing in order for the Applicant/Developer to
fulfill needed improvements or mitigations resulting
from impacts from this project.
BUILDING AND SAFETY
12. Building Codes and Ordinances. All project B Through Standard
construction shall conform to the building codes and Completion
ordinances in effect at the time of building permit
issuance.
13. Application for Building Permits. The Applicant B Through Standard
shall submit construction plans and site plans to the Completion
Building and Safety Department for plan check and
building permits following recordation of the amended
CC&Rs modifying the location of the Fire Buffer
Zone. A copy of these Conditions of Approval shall be
attached to each required set of plans, and shall be
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# CONDITION TEXT RESPON. WHEN HOW IS
REQ'D CONDITION
AGENCY Prior to: SATISFIED?
clearly annotated to indicate how each of the
conditions is complied with.
SUBMITTALS REQUIRED
14. Revision of CC&Rs for Subdivision. Prior to PW Prior to Issuance PW
recordation, the Applicant shall submit a draft of the of Building
proposed revised language addressing the relocation of Permits
the Fire Buffer Zone (also called "Firebreaks" and
"Fire Break Easement") to be included in the
Declaration of Covenants, Conditions, and Restrictions
of Hansen Hill (CC&Rs) recorded as Series No. 96-
077958 on 3/28/96, together with any subsequent
annexations or supplemental restrictions, for the
Hansen Hill/Ranch subdivision for review and
approval by the Public Works Director.
15. Submittal of Plats and Descriptions. Prior to PW Prior to Issuance PW
recordation, the Applicant shall submit revised Fire of Building
Break Easement Exhibits to be included with the Permits
CC&R revisions for each of the properties subject to
this application (Lots 94-95 and 103-108 of Tract
6308) for review and approval by the Public Works
Director. Said revised exhibits shall be prepared by a
licensed Land Surveyor or Civil Engineer, and shall be
in a format consistent with the exhibits to be
superceded.
ALAMEDA COUNTY FIRE DEPARTMENT
16. Fire Department Requirements. All requirements of F Issuance of Standard
the Alameda County Fire Department for this area shall Building Permits
be incorporated in the project.
17. Fencing. All rear-yard fencing (view fences) presently F Following F
located on the lots subject to the relocation of the Fire Approval by
Buffer Zone shall be relocated to the rear property line Homeowners
of the lot. The new fence locations shall be marked in Association
the field by a licensed Land Surveyor or Civil
Engineer. The fencing shall be installed and
maintained as view fences, and preferably be
constructed of fire resistant materials.
18. Maintenance of Relocated Fire Buffer Zone. The F On-going Standard
maintenance of the relocated Fire Buffer Zone shall be
the responsibility of the Hansen Ranch Homeowners
Association. Because the new location is a natural
open space area inhabited by various wildlife species,
the 15-foot wide buffer zone shall be mowed, but not
disced. Additionally, in this buffer zone area, no
pesticides shall be used in accordance with the
recommendations of the Biological Resource Impact
Page 7
# CONDITION TEXT RESPON. WHEN HOW IS
REQ'D CONDITION
AGENCY Prior to: SATISFIED?
Study prepared by LSA dated August 9, 2002. No
structures or improvements may be installed within the
Fire Buffer Zone.
19. Maintenance of Rear Yard Area of Lots. Property PL, F On-going Standard
owners shall maintain the entire rear yard area of the
subject lots. All improvements in the rear yard areas
adjacent to the relocated Fire Buffer Zone shall be
constructed of fire resistant materials.
20. Wildfire Management Plan Applicable. The F On-going Standard
properties subject to this Site Development Review
shall be maintained in accordance with Dublin's
Wildfire Management Plan.
PASSED, APPROVED AND ADOPTED this 26th day of November, 2002.
AYES:
Cm. Johnson, Musser, Fasulkey and Nassar
NOES: Cm. Jennings
ABSENT:
ATTEST:
Pli~i~M-anager
planning Co ~mmission Chairperson
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