HomeMy WebLinkAbout02-015 HnsnHllFreBffrZn11-26-2002AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: November 26, 2002
SUBJECT: PA 02-015 Hansen Hill Ranch Fire Buffer Zone Relocation (Daniel
Pistone) -Site Development Review
Prepared by Janet Harbin, Senior Planner
ATTACHMENTS: 1. Resolution approving Site Development Review (with Project Site
Survey attached as Exhibit A)
2. Improvement Plans for Pistone Property (Site Plan,
Hardscape/Lighting/Drainage Plan, Irrigation Plan and Planting
Plan)
3. Applicant's Statement
4. Biological Resource Impact Study prepared by LSA Associates, Inc.
RECOMMENDATION: 1. Open public hearing and hear Staff presentation.
2 Take testimony from the Applicant and the public.
3. Question Staff, Applicant and the public.
4. Close public hearing and deliberate.
5. Adopt Resolution approving the Site Development Review
PROJECT DESCRIPTION:
The project proposal is for Site Development Review to relocate an established 15-foot Fire Buffer Zone
from seven lots in a portion of the Hansen Hill Ranch residential subdivision to an area designated as
Open Space adjacent to the lots. The properties subject to this relocation are Lots 94, 95, 103, 104, 105,
106, 107, and 108 of Tract 6308, where a portion of the rear yard areas contain the established Fire Buffer
Zone (see Attachment 1, Project Site Survey, Exhibit A). The lots are located on Inspiration Circle in the
western Dublin hillside area.
The Applicant, Daniel Pistone, owns Lot 106 in the subdivision tract and has requested that the 15-foot
wide Fire Buffer Zone be relocated to an open space area presently owned and maintained by the Hansen
Ranch Owners Association, and which lies adjacent to the rear property lines of the subject lots. The
covenants, conditions and restrictions (CC&Rs) applicable to these properties restrict property owners of
these lots are currently restricted from building structures or improvements within the Fire Buffer Zone
area, which is delineated on the properties by view fencing in most cases. These CC&R provisions were
implemented as a result of conditions in the Site Development Review approval for the original Hansen
Hill Ranch project that require a firebreak. Within the Hansen Hill Ranch development more generally, in
some cases, the firebreak is on the property of individual lot owners, while in others it is on the common
area owned by the homeowners association. The purpose of this adjustment would be to allow the
property owners full use of the entire rear yard of their lots.
COPIES TO: Applicant
Homeowners Assoc.
PA File
ITEM NO. ,
G:1PA#12002\02-0151PGsr. doc
`1"
BACKGROUND:
The Hansen Hill Ranch subdivision is a tract of single family homes originally approved by the City
Council in 1989 in conjunction with approval of a General Plan Amendment, Annexation, Planned
Development rezoning, Tentative Map, and certification of an Environmental Impact Report. A
Development Agreement was later entered into by the City in 1995 with Warmington Homes for the
development. The development of the subdivision was constructed in three phases, and the lots subject to
this Site Development Review were developed in Phase III of Hansen Hill Ranch as part of Tract 6308.
Mr. Pistone has requested approval of Site Development Review for relocation of the Fire Buffer Zone to
continue the construction of improvements within the rear yard of his property, which is impacted by the
buffer zone (see Applicant's Statement, Attachment 3). This application is a result of code enforcement
action taken by the City as no construction or improvements are to be undertaken within the designated
Fire Buffer Zone as shown on Exhibit A of Attachment 1. Additionally, over the past year property
owners in the development have brought the following issues to Staff for resolution:
• Requests for building permits for construction or improvements in the fire buffer zone/fire break
area;
• Requests for the homeowners association to allow building or encroachment in the fire buffer zone
area; and,
• Fences being moved into the fire buffer zone/fire break area from their original location along the
line separating the rest of the rear yard from the fire buffer zone.
As a result of these issues, City staff has researched the origin and purpose of the fire buffer zone/fire
break. The fire buffer zone was required by the City of Dublin and Dougherty Regional Fire Authority
(predecessor to Alameda County Fire Department) to provide a fire break between the natural open space
behind the homes, a high fire hazard area, and the residential structures. The first requirement for a fire
buffer zone was recommended in the environmental document (EIR) prepared for the Hansen Hill Ranch
in 1987 - 1988. This requirement was implemented in the Site Development Review approval for the
Hansen Hill Ranch subdivision and requires enforcement and maintenance by the Homeowners
Association.
ANALYSIS:
The location of the 15-foot wide Fire Buffer Zone in the subject area was approved through the Site
Development Review application process for Phase III of the subdivision by the Director of Community
Development. In order to modify or relocate this Fire Buffer Zone, the Director of Community
Development, or a governing body selected by the Director, must approve a new Site Development
Review for this portion of the subdivision. The Director of Community Development has determined that
it is appropriate for the Planning Commission to consider this application for approval.
The Fire Buffer Zone must follow a contiguous line and be unbroken to provide an effective firebreak
area between the homes and a potential fire on the open space or natural land adjacent to the development.
Because of this factor, the Pistones' application includes seven lots on the periphery of the subdivision,
thereby maintaining the integrity of the proposed fire buffer zone as a contiguous area (see Attachment 1,
Project Site Survey, Exhibit A).
The existing Fire Buffer Zone, in its present location within the residential lots, is separated from the
useable portion of the rear yards with a view fence. This has lead to the buffer zone either being
inadequately maintained to resist fire through irrigation and planting of fire resistant vegetation, or the
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potential for property owners to place combustible materials in the easement area. The adjacent open
space land owned by the homeowners association is well-maintained and would only require a
continuation of the present mowing practice to provide an adequate fire break. Relocation of the Fire
Buffer Zone to the property owned and maintained by the Hansen Ranch Owners Association would
create abetter-maintained and effective firebreak than exists now within this portion of the subdivision.
If the Fire Buffer Zone is relocated, the view fence should also be moved to follow the edge of the new
easement area thereby alleviating the question as to where the residential lot ends and the Fire Buffer
Zone begins (see Condition # 17 of the Conditions of Approval in Attachment 1). The proposed
Conditions of Approval also establish the regulations and conditions for the project related to
maintenance of the new easement area.
General Plan and Zoning
The proposed Site Development Review would not effect the General Plan Low Density Residential
designation of the subdivision as no physical change to the existing homes or the development's density
and characteristics would occur. The modified firebreak would allow residents to more fully utilize the
rear yard of their property. Additionally, the Conditions of Approval established by prior resolutions,
ordinances, Development Agreement, Planned Development zoning and subsequent amendments for the
Hansen Hill Ranch subdivision would not be effected by approval of the application.
The approval of the Site Development Review application, as conditioned, would implement the General
Plan policies related to fire hazard and fire protection and will not adversely affect the health or safety of
persons residing or working in the vicinity. Specifically, the relocation of the Fire Buffer Zone for Lots
94 through 95 and 103 through 108 of Tract 6308 would implement General Plan policy 8.2.2B, which
requires a fire buffer zone to be provided around the perimeter of residential development adjacent to
undeveloped open space land.
Revisions to the Covenants, Conditions & Restrictions (CC&Rs) Required
All of the residential lot owners affected by the proposed relocation have provided a signed consent form
agreeing to the proposed easement modification if it is approved. Although relocation of the Fire Buffer
Zone to the property owned and maintained by the Hansen Ranch Owners Association (the homeowners
association) would create a better maintained and effective firebreaks than exists now within this portion
of the subdivision, to date, the Association has only agreed to allow the Applicant to process the Site
Development Review request. They have not yet agreed to the relocation of the easement to their
property. In order for the relocation to actually occur and be implemented, an amendment to the
Declaration of Covenants, Conditions and Restrictions (CC&Rs) will be required. We are informed that a
vote of the members in the Association is required to amend the CC&Rs. Condition #3 in Attachment 1
requires that the Declaration of Covenants, Conditions and Restrictions (CC&Rs) be amended for the Site
Development Review to be valid.
Following approval of the project by the Association, the Applicant will be required to submit a draft of
the proposed revised language addressing the relocation of the Fire Buffer Zone to be included in the
Declaration of Covenants, Conditions, and Restrictions of Hansen Hill (CC&Rs), together with any
subsequent annexations or supplemental restrictions, for the Hansen Hill Ranch subdivision for review
and approval by the Public Works Director (see Condition # l4 in Attachment 1). Additionally, prior to
recording the revision of the CC&Rs, revised Fire Break Easement Exhibits for each of the properties
subject to this application must be submitted for review and approval by the Public Works Director (see
Condition #15 in Attachment 1). The revised exhibits will supersede the previously recorded exhibits
related to the Fire Buffer Zone for the lots and will be recorded with the text revisions to the CC&Rs.
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Building Permit Application
Presently, the Pistone property (Lot 106 of Tract 6308) contains improvements, such as a swimming pool
and its associated equipment, in the rear yard area that encroach into the existing Fire Buffer Zone for the
tract. If the Hansen Ranch Homeowners Association votes to approve the relocation of the easement, the
Applicant will need to submit construction and site plans to the Building and Safety Department for plan
check and building permit issuance prior to any further construction on the property. The improvements
that the Applicant intends to make are shown in Attachment 2, the Site Plan, Hardscape/Lighting/
Drainage Plan, Irrigation Plan and Planting Plan.
Should the Hansen Ranch Owners Association not approve the relocation of the 15-foot Fire Buffer Zone
as shown on the project site survey, Exhibit A of Attachment 1, the improvements already constructed on
the Pistone property within the existing Fire Buffer Zone will be required to be removed by the Pistones
as they were built without City approval or permits. The existing improvements constructed on the
property (Lot 106) are also shown on Exhibit A of Attachment 1.
ENVIRONMENTAL REVIEW:
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 in the hillside area, 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 (see Attachment 4). The study recommends mowing in the Fire Buffer area,
and that no discing or herbicides be used in this area due to the presence of native wildlife and vegetation.
No threatened or endangered species would be affected as a result of the project, and no plant or animal
species or its habitat would be taken as a result of the relocation of the easement area.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Open public hearing and hear Staff presentation.
2. Take testimony from the Applicant and the public.
3. Question Staff, Applicant and the public.
4. Close public hearing and deliberate.
5. Adopt Resolution, Attachment 1, approving the Site Development Review for PA 02-015 to
relocate the Fire Buffer Zone in a portion of the Hansen Hill Ranch development, as shown in
Exhibit A of Attachment 1.
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GENERAL PROJECT INFORMATION:
APPLICANTS: Daniel Pistone
10880 Inspiration Circle
Dublin, CA
OWNERS: Various
LOCATION: 10892, 10876, 10880, 10884, 10888, 10890, 10894, and 10898 Inspiration
Circle
ASSESSOR PARCELS: 941-2808-010, -011, -012, -013, -014, & -015
941-2808-001 & -002
GENERAL PLAN
DESIGNATION: Low Density Single Family Residential (0.5 -3.8 units per acre)
SPECIFIC PLAN
DESIGNATION: None
EXISTING ZONING
AND LAND USE: PD Planned Development
Single Family Residential Subdivision and Open Space
SURROUNDING GENERAL PLAN, ZONING, AND LAND USE:
General Plan
Low Density Single Family Residential (0.5 -3.8 units per acre)
Open Space
Zonin
PD District (residential)
Land Use
Single Family Residential & Open Space
g: PA/02-009/PC-sr
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RESOLUTION NO. -02
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, far 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
ATTACHMEiVT ~
.,.
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
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
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:
A. 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.
B. 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.
C. 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.
D. 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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E. 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.
F. 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.
G. 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.
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 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 shalt 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, [B] 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, [PW] Public Works Department.
# CONDITION TEXT RESPON.
AGENCY WHEN
REQ'D
Prior to: HOW IS
CONDITION
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
.. .~,.
# 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
.~,..
# 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
- ,~.
# 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.
BUI LDING 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.
SU BMITTALS 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.
AL AMEDA 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
_.. .. .~_
# 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.
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SITE DEVELOPMENT REVIEW
IIANSEN HILL -FIRE BREAK
~~
PROJECT LOCATION ~3
The Hansen Hill subdivision, of which this project is a part, is a common i terest residential
housing development. The development is situated in the grassy hills to the west of the City of
Dublin and is comprised of single-family homes, common areas and open sp e. The project lots
include Lots 108, 107, 106, 105, 104, 103, 95 & 94, commonly known as 10972, 10876, 10880,
10884, 10888, 10890, 10894, 10898 and Inspiration Circle, Dublin, California and bears APN
941-2808-015, 941-2808-014, 941-2808-013, 941-2808-012, 941-2808-011, 941-2808-010, 941-
2808-002 & 941-2808-001.
The area to the northwest through the northeast of the Project area is composed of grazing land.
The area to the southwest through southeast consists of a residential development. The
topography of the surrounding area is varied; the majority of the land is hillside with veering
degrees of slope.
PROJECT OBJECTIVES
The purpose of the proposed modification to the Hansen Hill Firebreak /Fire Buffer Zone is to
improve the effectiveness of the firebreak and allow the affected homeowner's utilization of their
respective properties. As stated within association development documents, the Fire Buffer Zone
is intended to prevent fire from passing between improvements within the development and the
adjacent undeveloped grasslands.
The specific objectives of the Modification to the Hansen Hill Firebreak Plan are:
1. To improve the fire buffer zone to achieve its intended purpose. This improvement
includes, but is not limited to, the following:
a) The absence of an effective firebreak places the entire community at risk.
This risk is exacerbated by the fact very strong winds blow across the
open space of dry grasses into the community during the peak fire
season.
b) The placement of combustible material within the existing firebreak by
the builder.
2. Address the fact that homeowners are precluded from the use and enjoyment of their
property beyond the firebreak running through the middle of their yards.
3. Address the fact that homeowners are precluded from use and enjoyment of their
property that lies within the currently designated firebreak.
4. To comply with the Revised Appealable Action Letter requiring the Fire Buffer Zone "be
clearly identified around the perimeter of the residential development situated adjacent to
undeveloped open space land." (Revised Appealable Action Letter dated July 10, 1997,
page 5, Section 12a.)
5. The proposed movement of the firebreak will enhance property values in the community.
~~~~~.
A~TAC~IMEI~T3 ~~ ~~R~~al
,~.-
~.. ~ . ,
Other Considerations
1. Safety. This action will not have a negative effect on the health or safety of persons residing
or working in the vicinity, or be detrimental to the public health, safety or general welfare. This
is the case because the only activity carried out on this property is the twice annual mowing of
weeds. This activity will be performed regardless of where the Firebreak is specifically located.
2. Future development. With the passage of Measure M, the likelihood of future development on
the adjacent property is minimal. However, in the event future development does take place, the
proper placement of the firebreak will serve to better protect the new development(s), aswell.
3. Physical suitability for proposed development. We are not proposing any new or additional
development; simply the redesignation of the firebreak.
4. Impact to views. All homeowners with a view to the affected areas have provided written
concurrence to the proposed changes. Moreover, the proposed changes are consistent with
landscaping and architecture of the community (e.g. Aura by Taylor Woodrow).
5. Physical characteristics. There is a slope such as is typified by that of a gently rolling hill
altered by the grading performed by the developer when leveling the lots. This grading included
a below grade conventional masonry wall along the tce of the fill slope at the rear of Lots 105
through 108.
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LSA
August 9, 2002
Ms. Janet Harbin
Senior Planner
100 Civic Plaza
LJUViin, LA y4~d8
L5a ASSOCIATES, INC.
15] PARK PLACE 510.236.6810 TEL
PT. RICHMOND, CALIFORNIA 94801 SIO.z36.348o Fwx
OTAER OFFICES:
BERKELEY RIVERSIDE
IRVINE ROCKLIN
Subject: Hansen Hill Fire Buffer Zone Relocation (Daniel Pistone), PA 02-U15
Results of Biological Resource Impact Study
Dear Janet:
LSA Associates, Inc. (LSA) has completed areconnaissance-level biological resources survey of the
area adjacent to hots 95 and 103 to 108 in the Hansen Hill 1-esidential 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 proposed fire buffer zone by walking astraight-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 15-foot wide strip along the rear of the lots. Vegetation is dominated by non-native
grasses such as wild oats (Avena fatua) and Italian ryegrass (Lolium multiflorum) with scattered
patches of ruderal herbaceous species such as bristly ox-tongue (Picris echioides), thistle (Cirsium
Sp )~ y.alln,, twr±l~;~f?o \('ay;tn~f~~,n cnlctitin~iol ^nrl rlni~ar lTri{n~+?;m qn_~ ~P~Pr~~ Ctl3?1tPd (frn?'~
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. T"he 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 corner of
Lots 106 and 108.
The non-native grassland within the proposed buffer zone in association with the rest of this hillside
provides habitat for a variety of common native wlldhf.`e. Species which are likely to occur here
include western fence lizard, western skink, alligator lizard, gopher snake, yellow-bellied racer,
~ECEIVEI~
2r$/~J2(H:\MattR\Letter Reports~HansenHiliBioRecon.wpd)
~~~r ~J~~[[,, ATTA~~H~~NT
~~.1~LIN PLANNING
PLANNING ~ ENVI$ONMENTAL SCIENCES
~..
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
T~,r~ ~ cc7~ „ mt. .-..::3, -~~ ~. '+G 'til i... .., a ~S -.. tea?.. __,1-, i~. + yp. a. u -..,.,•
,~ <._ xti~~,.a. _.. ., _ rr..l_,.. J~ulC.~ :_:d~ ~.. t...cu.:;;i:;..~
L L'1.i~ ~.txuFJ' lir ~. i i..:: :.. G.i p5u-lb~..i'-t /. - 1_'o3ti - ~ -•~ ..." •--
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 of the buffer zone
there is no restriction on the City considering this request.
We conclude thatthe 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,
Malcolm J. Sproul
Principal
8'9/O2(H:VvlattR~Letter Repor[slHansenHillBioRecon.wpd) 2