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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 Page 1 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. Page 2 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 Page 3 # 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 Page 4 # 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 Page 5 # 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 Page 6 # 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 G:\PA#~2002\02-015~PC-ResoSDR.doc Page 8