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STAFF REPORT
DUBLIN CITY COUNCIL File #
DATE: June 7, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
CITY CLERK
SUBJEC''V Foster General Plan Amendment Study initiation request
Prepared By: Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
2.
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-13I 1
The City Council will consider whether to initiate a General Plan Amendment Study to modify a
10 foot wide strip of property owned by the Hansen Ranch Homeowners Association that abuts
property at 10872 Inspiration Circle from "Open Space" to "Low Density Single Family
Residential".
FINANCIAL IMPACT:
No financial impact to the City. All costs associated with preparing the General Plan
Amendment, if authorized by the City Council, would be borne by the Applicant.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Deliberate; and either
3) Adopt a Resolution approving the initiation of a General Plan Amendment Study to change
the General Plan land use designation of approximately 1,450 square feet of land adjacent to
10872 Inspiration Circle from "Open Space" to "Low Density Single Family Residential"; OR 4)
Adopt a Resolution denying the initiation of a General Plan Amendment Study to change the
General Plan land use designation of approximately 1,450 square feet of land adjacent to
10872 Inspiration Circle from "Open Space" to "Low Density Single Family Residential".
S bmitted By: Reviewed By:
Community Development Director
Page 1 of 4
Assistant -City Manager
cVA
ITEM NO. 3 .3
DESCRIPTION:
Background
The Applicants, Mark and Danielle Foster, own the property at 10872 Inspiration Circle in the
Hansen Ranch neighborhood. The Hansen Ranch neighborhood is in the hills of western
Dublin and adjacent to the City limits and Sphere of Influence boundary (see the Vicinity Map
below). The neighborhood is surrounded by open space - much of it owned by the Hansen
Ranch Homeowners Association. The Foster's property has a General Plan land use
designation of Low Density Single Family Residential and is located immediately adjacent to
land designated as Open Space along the side and rear of their property.
Mark and Danielle Foster would like to expand their property boundaries to include a portion of
the open space that is approximately 10 foot wide and 145 feet long and located adjacent to
their side yard. In order to utilize this portion of land for their private use, the General Plan Land
Use Designation would need to be changed from "Open Space" to "Low Density Single Family
Residential". Therefore, the Applicant is currently requesting that the City Council initiate a
General Plan Amendment to evaluate changing the General Plan Land Use Designation for the
10 foot wide portion of property adjacent to their single family home.
Page 2 of 4
A vicinity map is shown below:
A more detailed site plan is shown below:
ANALYSIS:
It has been past practice for the City Council to initiate all General Plan and Specific Plan
Amendment Studies prior to Staff accepting an application and beginning work on such
projects.
The Applicant is requesting to change the General Plan Land Use Designation on a portion of
the open space property owned by the Hansen Ranch Homeowners Association. Their request
is included as Attachment 1 to this Staff Report. The Applicants have received approval from
the Board of Directors of the Hansen Ranch Homeowners Association, whose letter is included
as Attachment 2 to this Staff Report.
The subject area is approximately 10 feet wide by 145 feet long (1,450 square feet). The
subject area is part of a 40 foot wide area that provides emergency access from Inspiration
Circle to the open space behind the Foster's home and other homes within the Hansen Ranch
neighborhood. The Applicants would like to gain additional side and rear yard area and intend
to enclose approximately 8 of the 10 feet within their yard, upgrade the existing fence, and
install landscaping and irrigation along the length of the property outside of the fence line to
ensure that the exterior maintains an attractive appearance. The landscaping would be
primarily on the Foster's property, but it could also extend partially on the remaining property
owned by the Hansen Ranch Homeowners Association.
Should the City Council initiate a General Plan Amendment Study, Staff will:
Page 3 of 4
1. Examine whether a 30 foot wide access road (40 feet minus the 10 feet the Foster's
are seeking) will be sufficient to serve the remaining open space area;
2. Examine the proposal to ensure that adequate space is provided for landscaping to
screen the fence in the proposed location;
3. Examine the associated proposal for a Lot Line Adjustment to transfer the subject
area from the Hansen Ranch Homeowners Association to Mark and Danielle Foster;
4. Determine if there would be any associated impacts from the land use change;
' S. Perform any additional studies that may be required; and
6. Prepare an analysis for consideration by the Planning Commission and the City
Council.
Once the study is complete, Staff would then bring the proposed General Plan Amendment to
the Planning Commission for their recommendation to City Council. The City Council could then
take action on the General Plan Amendment.
Staff has prepared draft Resolutions approving and denying the initiation of a General Plan
Amendment Study to change the General Plan land use designation of approximately 1,450
square feet of land adjacent to 10872 Inspiration Circle from "Open Space" to "Low Density
Single Family Residential". Both Resolutions are included with this Staff Report as Attachments
3and4.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing is not required to review a request to initiate a General Plan Amendment Study.
Although not required, the City mailed notices to all property owners and tenants within 300 feet
of the subject properties. A notice was sent to the Hansen Ranch Homeowners Association and
one was also published in the Valley Times and posted in the designated posting places. A
copy of this Staff Report was distributed to the Applicant.
ENVIRONMENTAL REVIEW:
Staff recommends that the project be found exempt from the California Environmental Quality
Act (CEQA) under Section 15306, Class 6 of the State CEQA Guidelines because initiation of a
General Plan Amendment study, in and of itself, will not result in disturbance to an
environmental resource.
ATTACHMENTS: 1. Applicant's Letter of Request dated received March 30, 2011
2. May 3, 2011 Letter from the Hansen Ranch Homeowners
Association
3. Resolution approving the initiation of a General Plan Amendment
Study to change the General Plan land use designation of
approximately 1,450 square feet of land adjacent to 10872
Inspiration Circle from "Open Space" to "Low Density Single
Family Residential"
4. Resolution denying the initiation of a General Plan Amendment
Study to change the General Plan land use designation of
approximately 1,450 square feet of land adjacent to 10872
Inspiration Circle from "Open Space" to "Low Density Single
Family Residential"
G:IAgendas120111Foster GPA requestlFoster GPA initiation request 06.07.2011. doc
Page 4 of 4
I ~.
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Mark & Danielle Foster
10872 Inspiration Circle
Dublin, CA 94568 ~~~~0~/~~
MAR 3 0 2011
DU~LI~I PLANNING
March 27, 2011
Jerry Ram/Jeff Baker
City of Dublin
Dublin, CA
Dear Mrs. Ram and Mr. Baker:
We are requesting a change of general plan land use designation for the
adjoining parcel to our property from an "Open space" designation to
"Low density residential".
In order to expand our property boundries. The parcel is currently part
of the Home Owners association land. We are interested in the
..plant/dirt area next to our west side fence. The area is approximately
ten feet wide and runs the length of our property. I have enclosed a
picture and copy of the plot map for you to see the area. We would like
to upgrade the existing fence and incorporate approximately 8 of the 10
feet area in side our fence. The exterior area would be replanted with
plants to keep it appealing. Thank you for your consideration. _
Sincerely,
,.~.---- .
~-~.:~.,~- ~-~~; ~~~~ ~
.~
Danielle Foster
925 829 5519
. ~ ` ~ ~~~7-1 i _ __.
i. ATTACHMENT 1
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HANSEN RANCH HOMEOWNERS ASSOCIATION
Brad J. Levy, President
10790 Inspiration Circle
Dublin, CA. 94568
(925) 570-9809 ~~~~~~~~
baacf5713~mail.caim
MAY 0 3 2011
Sent to Danielle Foster via email: ~anisvvir~va~.c~orn DU~LIN P~iVN9fVG
May 3, 2011
CITY OF DUBLIN
Planning Department
Attn: Mr. Jerry Ram and Jeff Baker
RE: 10872 INSPIRATION CIRCLE
Mr. Ram and Baker:
As President of the Hansen Ranch Homeowners Association I have been asked to
confirm on behalf of the Board of Directors that as the governing body we have
discussed and formally approved a request by Mark and Danielle Foster to agree
to change the ownership of a segment of property adjacent to their residence
representing the portion alongside the access road (as seen in the attached
photo).
This area is approximately 10 feet wide and runs the length of their properry
from the front (at Inspiration Circle) to the rearmost point of their existing
properry line.
Should you have any further inquiries into this matter please feef free to contact
the association's account manager, Ms. Kellie Graham at Common Interest
Management Services, CMF located at 315 Diablo Road, Ste 22~ in Danville
94526. Her direct line is (925) 743-3080 extension 202.
Thank you,
Brad J. Levy
President, Hansen Ranch HOA
ATTACHMENT 2
~ ~
RESOLUTION NO. xx-11 ~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
RESOLUTION APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT
STUDY TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF
APPROXIMATELY 1,450 SQUARE FEET OF LAND ADJACENT TO 10872 INSPIRATION
CIRCLE FROM "OPEN SPACE" TO "LOW DENSITY SINGLE FAMILY RESIDENTIAL"
WHEREAS, Mark and Danielle Foster submitted a request to study changing the
General Plan land use designation of approximafely 1,450. square feet of land adjacent to
10872 Inspiration Circle from "Open Space" to "Low Density Single Family Residential"; and
WHEREAS, the initiation request has been reviewed in accordance.with the provisions of
the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt
under Section 15306; Class 6 of the State CEQA Guidelines; and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the request;
and . _ ~ . ~ , ~ . .. ~ - - •
WHEREAS, the City'Council did hear and consider all such reports, recommendations,
and testimony hereinabove set forth, and supports the initiation of a General Plan
Amendment study.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does ~
hereby approve fihe initiation of a General Plan Amendment Study.for approximately 1,450 •
square feet of land adjacent to 10872 Inspiration Circle.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this
7~n day of June 2011 by the following vote:
AYES:
. ~ . _ . ,.
NOES: ~ ~
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
1
Mayor
ATTACHMENT 3
`F~' ~{'
RESOLUTION NO. xx-11 ~
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
RESOLUTION DENYING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY
TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APPROXIMATELY
1,450 SQUARE FEET OF LAND ADJACENT TO 10872 INSPIRATION CIRCLE FROM
"OPEN SPACE" TO "LOW DENSITY SINGLE FAMILY RESIDENTIAL"
WHEREAS, Mark and Danielle Foster submitted a request to study changing the
General Plan land use designation of approximately 1,450 square feet of land adjacent to
10872 Inspiration Circle from "Open Space" to "Low Density Single Family Residential"; and
WHEREAS, the initiation request has been reviewed in accordance with the provisions of
the California Environmental Qualify Act (CEQA) and was found to be Categorically Exempt
under Section 15306, Class 6 of the State CEQA Guidelines; and
WHEREAS, a,Staff Report was su,bmitted outlining the issues surrounding the request;
and . . - . .
WHEREAS, the City Council did ~hear and consider all such reports, recommendations,
and testimony hereinabove set forth, and does not support the initiation of a General Plan
Amendment study.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby deny the initiation of a General Plan Amendment Study for approximately 1,450
square feet of land adjacent to 10872 Inspiration Circle. _
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this
7tn day of June 2011 by the following vote:
AYES:
NOES: . ... , . ._ . . _ ,. ... . , , . . . . .
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
' ATTACHMENT 4