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HomeMy WebLinkAboutPC Reso06-46 PA06-024 Fire Break Easement RESOLUTION NO. 06 - 46 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: 1) 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 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 ofthe 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: 1) 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: 1) 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: 1) 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: 1) 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: 1) no major topographic changes are proposed to the project site other than ongoing maintenance of vegetation within the proposed fire break easement. 2 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: 1) 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: 1) 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 VT A] Livermore Amador Valley Transit Authority, [CHS] California Department of Health Services. 3 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, PA 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 until 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 8.96.020.0 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. 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. 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. 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. 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. 7. 8. 9. 10. 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, indemnify, 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, indemnify, 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 ApplicantlDeveloper 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 project. 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 12th day of December 2006 by the following vote: AYES: Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey, and King NOES: None ABSENT: Chair Schaub ABSTAIN: None ~~. Plannmg ommlSSlOn alrperson 7