CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G 1 STAFF REPORT May 1, Staff Contact: Deborah Faaborg (707)

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G 1 STAFF REPORT May 1, 2007 Staff Contact: Deborah Faaborg (707) TITLE: STERLING CHATEAU UNIT # 5 REQUEST: RECOMMENDED ACTION: Subdivide an 18.3 Acre Site Located West of Vanden Road, directly North of the Southtown Project Area into 78 Single Family Residential Lots along with Construction of Homes as a Planned Development (RL-6). Recommend to the City Council Approval of Required Project Actions to Authorize Development, Subject to Conditions of Approval. NOTE: This item was continued from the April 17, 2007 Planning Commission meeting. Comprehensive information on the project is available in the staff report packet, minutes, and submitted materials from that meeting. APPLICATION INFORMATION APPLICATIONS AND FILE NO: Mitigated Negative Declaration Zone Change from AG to RL-6 Vesting Tentative Map Planned Development Design Review of Homes Development Agreement APPLICANT: PROPERTY OWNER: Meritage Homes of California (Scott Kramer) 1800 Sutter Street, Suite 500 Concord, CA (925) San Kyu & Seong Soon Han

2 PROPERTY INFORMATION LOCATION: SITE AREA: 5709 Vanden Road APNs: Located on the west side of Vanden Road just north of the Southtown development area and south of the existing Heritage Place neighborhood Acres GENERAL PLAN DESIGNATION: EXISTING ZONE: PROPOSED ZONE: CURRENT LAND USE: ADJACENT ZONING & USE: Low Density Residential ( du/acre) AG - Agriculture RL-6 (single family residential); Older ranchette, with home & outbuildings North: Existing Heritage Place neighborhood (RL-5), and New Alamo Creek Channel West: Southtown Phase 1 Development (RL-5 & RL-6) (under const.) South: Southtown Phase 2 Development area (RLM-C) (application in process) East: 9.7 acre ranchette with a GP designation of Low Density Residential (proposed location of Sterling Chateau Unit #6) PROJECT DESCRIPTION Meritage Homes of California has filed an application to develop a 78 lot single family home subdivision on a 18.3 acre parcel located along the west side of Vanden Road just north of the Southtown development area and south of the existing Heritage Place neighborhood. The project is designed to be equal in density and character to the recently completed Alamo Place subdivision (Sterling Chateau #1) and the recently approved Sterling Chateau Unit # 4 located to the north along Alamo Drive. The development includes the construction of 6 plans of homes ranging in size from approx. 2,000 sf to 3,760 square feet (4-two story and 2-one story floor plans). Access to the public streets within the project has been proposed to be from the west frontage of Vanden Road and by way of two internal street connections proposed to the north and to the south. The project will include dedication and frontage improvements along Vanden Road which is planned to be a 52 foot paved width section with a 10 foot wide meandering sidewalk within a 25 foot wide landscaped frontage. Other project details are described in the April 17, 2007 Planning Commission staff report. APRIL 17, 2007 PLANNING COMMISSION HEARING The Planning Commission held a public hearing on the Sterling Chateau Unit #5 application April 17, 2007, received a petition from the neighbors to the north and a comprehensive written report from Mr. Peter Blicher, resident of 214 Somerville Drive. The Commission took testimony at the hearing, including a presentation from Mr. Blicher and comments from several other neighbors. The Planning Commission collected additional facts during the hearing by way of a question and answer exchange with city staff, focusing on the standards for emergency response and the 5/01/2007 Planning Commission Staff Report 2

3 possible alternatives to the street connection that would maintain emergency service to the area. The Planning Commissioners acknowledged the neighborhood concern over the proposed through street connection between Somerville Circle and the Sterling Chateau Unit # 5 project and requested that staff prepare additional information to assist them in consideration of the facts associated with an EVA rather than a through street connection. The Commissioners also requested that the developer return with design revisions to address the large expanse of rear wall shown on Model 4 and clarify the level of additional architectural elements that would be included in the street facing façade of units on wide-shallow lots where houses would be rotated 90 degrees. Staff Supported EVA Alternative Key staff from Fire, Police, Public Works and Planning met and reviewed alternatives to a street connection between Somerville Circle and Street C based on the objectives of optimizing response time without a street connection while maintaining an aesthetically pleasing and functional public parkway feature. Staff concluded that, in the absence of a street connection, the EVA concept shown in the attached exhibit, would allow the most efficient emergency response and police patrol access with the least affect on emergency response time. The Fire Marshall, Jeff Ringelman, and Police Lieutenant, Craig Courtemanche, have prepared the attached memos that provide their assessment of the EVA design. Development Engineering and Public Works staff have been instrumental in developing the criteria for the design based on their knowledge of EVA options used in Vacaville and in other jurisdictions in the area. Architectural Revisions & Clarifications Model # 4 Rear Elevation The developer has prepared exhibits showing the additional architectural treatments for the rear elevation of Model 4 in an effort to reduce the appearance of the large wall expanse. Details of these refinements will be presented by the developer at the May 1 meeting. Street Façade Architecture of Rotated Houses Planning Special Condition # 5 b. includes a requirement that: The side, street facing elevation of plans with rotated orientation shall have equivalent architectural detailing, as approved for the front elevations of the house model. The developer s architect will be preparing additional exhibits that will be presented at the May 1 meeting to demonstrate how the street facing façade of rotated homes on wide-shallow lots will be designed in response to this condition. REFINED PROJECT ANALYSIS A detailed project analysis has been provided in the April 17, 2007 Planning Commission staff report. Discussion below focuses on refinements to the sections of that analysis relative to the street connection vs. EVA alternative. COMPLIANCE WITH ADOPTED PLANS AND ORDINANCES 1. GENERAL PLAN POLICIES 5/01/2007 Planning Commission Staff Report 3

4 Specific Policies adopted for the South Vanden Area The key development/design related General Plan policies that were adopted with the annexation of the Southtown area that apply to Sterling Chateau #5 include: A network of landscaped pedestrian / bike corridors that connect key elements of the area, such as the regional park and arterial streets. The replacement of the through street between Somerville Circle & Street C with an EVA alternative as shown in the attached exhibit, will not affect the provision for landscaped public pathways and bicycle and pedestrian connections between neighborhoods as described in the April 17, 2006 Planning Commission staff report. The design of the EVA allows pedestrian access from the Heritage Place neighborhood to the greenways and central park facility to be developed with the Southtown project while maintaining an emergency access route between neighborhoods and a primary emergency response route from the future Southtown Fire Station. New development adjacent to existing homes within the City limits shall match or exceed the size, character, and quality of adjacent homes and lots. No change to the 4/17/07 staff report analysis. All new residential development shall conform with the Residential Design Requirements for new Single Family Development. No change to the 4/17/07 staff report analysis. Nut Tree and Vanden Road shall be widened to the City standard width through the project sites for all projects that front on these streets. No change to the 4/17/07 staff report analysis. Public areas adjacent to Alamo Creek shall be landscaped to enhance the view of the creek channel, within the requirements of Solano County Water Agency. No change to the 4/17/07 staff report analysis. The landscaped EVA will allow a continuous and unbroken parkway amenity along the entire north boundary of the site. Different development projects within the South Area shall coordinate their respective roads, bike paths, landscape corridors and design standards to create a unified sense of place and identity. The Sterling Chateau Unit # 5 project has been designed to provide internal connections between neighborhoods in the form of a full street connection to the south and an EVA to the north, as well as landscape pathway corridors consistent with the approved concept for a public trail network and parkway landscape treatments for the Southtown area. The architectural design of homes is compatible in style with the homes approved for Southtown Phase 1 and consistent treatment of the frontage sound wall will provide a unified appearance and identity. (Policies above have been excerpted from City of Vacaville, General Plan, Chapter 2 Land Use Element, Implementation Policy 2.3I 13 adopted by City Council Resolution ) 5/01/2007 Planning Commission Staff Report 4

5 2. ZONE CHANGE No change to the 4/17/07 staff report analysis. 3. VESTING TENTATIVE MAP In addition to the analysis in the 4/17/07 staff report, the following should be noted: Primary access to the neighborhood will be via a public street from Vanden Road. The project also proposes a full width street connection to the existing Heritage Place neighborhood where Somerville Circle is stubbed to the property line, and a future full width internal street connection to the south to connect with the future neighborhoods of Southtown Phase 2. If the Planning Commission recommendation includes an EVA alternative to replace the street connection to Somerville Circle, the potential for a revised street configuration would be considered by the City Council when they hold a hearing on the project. 4. PLANNED DEVELOPMENT The consideration of an EVA alternative does not affect the analysis in the 4/17/07 Planning commission staff report; however, the request for revisions to the rear elevation of Model # 4 and additional detail for the side façades where models are rotated 90 degrees will help the Commission in their consideration of the overall creative and aesthetic advantages achieved with alternate development standards. The detailed discussion of Planned Development exceptions is included in the 4/17/07 staff report. Planning Special Condition 4 b. includes a requirement that rotated house plans provide for the equivalent architectural detailing on side facing street frontages as typically shown and provided on the front façade of the house. Public Amenities No change to the 4/17/07 staff report analysis. 5. DESIGN REVIEW OF DEVELOPMENT PLAN AND ARCHITECTURE House Plans and Elevations As noted under the Planned Development discussion above, in addition to the analysis already provided in the 4/17/07 staff report the request for revisions to the rear elevation of Model # 4 and additional detail for the side façades where models are rotated 90 degrees will help the Commission in their consideration of the Design Review recommendation for the project. DEVELOPMENT AGREEMENT As stated for the record by staff during the April 17, 2007 Planning Commission hearing, the draft Development Agreement text should be recommended with the following clean-up text correction to ensure consistency with the text of the project conditions of approval. Section 4. Paragraph R. (5) on page 22 of the draft Development Agreement should be revised to read: Vanden Road Bridge. The Developer shall be required to design and construct the widening of Vanden Road Bridge over the New Alamo Creek Channel per Alternative 3 of the Structural Analysis performed by Biggs Cardosa dated May 16, 2006, including 5/01/2007 Planning Commission Staff Report 5

6 utility relocations. This alternative provides for a curb to curb width of 40 feet to accommodate two 12 foot lanes, two standard 8 foot shoulders, and two 5 foot sidewalks. The design shall be to the satisfaction of the Director of Public Works, and shall also require approval of the Solano County Water Agency for any work within their rights of way. This language is consistent with Development Engineering Special Condition # 16 included with the Planning Commission s draft resolution. The text correction will be included in the draft Development Agreement presented to the City Council for final consideration. ENVIRONMENTAL REVIEW An Initial Study was prepared for the project, the intent to adopt a Negative Declaration was noticed for a 30 day period from March 13 through April 12, 2007 and the environmental document was circulated through the State Clearinghouse. The Negative Declaration & Initial Study evaluated the potential environmental impacts that could result from the development of the project and included mitigation measures to reduce impacts to a less than significant level. During the notice period, two written comment documents were submitted and included with the April 17, 2007 Planning Commission staff report as follows: Memo from Fire Division Chief Jeff Ringelman, Received March 29, 2007 This memo was included as an attachment to the Negative Declaration as part of the April 17, 2007 Planning Commission packet. The memo provides further details regarding fire response to the project and adjacent neighborhoods based on the opportunity for new street connections that would provide more efficient routes. The memo is informational and does not change the environmental conclusions of the Negative Declaration or the mitigation measures for the project. Comment Memo from A. Peter Blicher, 214 Somerville Dr. Received April 12, Mr. Blicher submitted written comments on the Negative Declaration (included with the April 17, 2007 Planning Commission packet) that questioned the assumptions and accuracy of conclusions with regard to traffic impacts on adjacent neighborhoods and claimed that additional environmental degradation would occur in adjacent, existing neighborhoods as a result of additional traffic passing through the proposed street connection between the project and Somerville Circle. Mr. Blicher s comments concluded that the elimination of the through street connection between Somerville Circle and Street C of the project would eliminate additional traffic and mitigate potential impacts. His comments also acknowledged the benefit of emergency vehicle access and proposed that a connection be restricted to emergency vehicles only. During the hearing, the Planning Commission received further data from staff and in presentations from the public regarding emergency response thresholds, the City s standards for response (LOS) and projected response times to the existing and future neighborhoods served by existing Station 74 and the future Southtown fire station. Following a comprehensive discussion of these issues, the Planning Commission voted to continue consideration of the project and requested that staff return with information that demonstrated the affect that an emergency vehicle access (EVA) alternative connection would have on emergency response and police protection for these neighborhoods. April 23, 2007 Memos from Fire and Police As described in the attached memos dated April 23, 2007 from Fire and Police, access alternatives were studied by key staff from the Fire Department, Public Works Department, Community Development Department and Police Department. The concept design for a passive EVA was 5/01/2007 Planning Commission Staff Report 6

7 determined to provide the best EVA only option for Fire and Police in this particular case. The passive option (no gate, bollard or mechanical barrier) was preferred because it would provide long-term reliability and would not be dependent on mechanical devices which would require regular testing and maintenance to ensure operation in every emergency. It was also noted that the passive EVA alternative was estimated to add approximately 15 seconds to the response time as compared to a full public street connection and that the response time to the Heritage Place neighborhood from Station 75 (future primary response route) and nearby neighborhoods would remain within the level of service standard of 4 1/2 minutes travel time. A drawing of the EVA alternative is attached showing the general design concept discussed by staff. Note that the drawing is conceptual at this time and presented to demonstrate how a passive EVA connection could be installed. Technical design refinements will be addressed at the time of improvement plan review. Since the EVA alternative addresses the concerns raised by Mr. Blicher over new traffic impacts resulting from a street connection, and does not significantly impact emergency response times, the Commission could conclude that a recommendation for an EVA alternative will not change the conclusions in the environmental document and that the project will not result in significant environmental impacts not already disclosed and mitigated by the draft Negative Declaration. If the Commissioners are satisfied with these additional conclusions and the adequacy of the mitigation measures, this information should be incorporated by reference in a recommendation for adoption of the Negative Declaration. FINDINGS The attached, revised resolution has been prepared to reflect a potential Planning Commission recommendation of the project with the replacement of the Somerville Circle street connection with an EVA. Findings for each of the requested actions have been refined as needed to support the EVA alternative should the Commissioners chose to adopt that recommendation. These findings are based on evidence presented into the record in the staff report, neighborhood public and written comments and the additional information provided with this staff report regarding response times related to the EVA concept design. RECOMMENDATION: Staff recommends that the Planning Commission consider the information presented with this staff report, including the alternative EVA concept design, the design revisions to Model 4 and the architectural details for side fronting elevations (to be presented on May 1) and make a recommendation to the City Council. If a recommendation including the EVA alternative is desired, the attached draft Resolution is appropriate. If a recommendation of the project as proposed is desired, the resolution included in the April 17, 2007 staff report should be used. Recommendation to City Council: 1. Adopt the Draft Mitigated Negative Declaration including consideration of additional information presented in the record that demonstrates that no additional issues were raised that would result in significant new impacts not already disclosed and mitigated. 2. Approve the Rezone from AG, Agriculture to RL-6, Low Density Residential 3. Approve the Vesting Tentative Map (with revised EVA alternative if recommended) 5/01/2007 Planning Commission Staff Report 7

8 4. Approve the Planned Development 5. Approve Design Review of Development Plan and Architecture, including design refinements presented in exhibits submitted for the May 1, 2007 Planning Commission meeting. 6. Approve a Development Agreement for Sterling Chateau Unit #5, including text correction on page 22 as described in the staff report. 7. Include recommended mitigations measures and conditions of approval in project actions. ATTACHMENTS: 1. Draft Resolution (Revised to support EVA Alternative) 2. Exhibit A - Conditions of Approval 3. Model # 4 revised rear elevation 4. April 23, 2007 Memos from Fire and Police regarding EVA Alternative 5. EVA Alternative Concept Design Note: Please review the April 17, 2007 Planning Commission packet for comprehensive project information and to view the draft Negative Declaration, Initial Study, draft development agreement, public communications and other details of the project. 5/01/2007 Planning Commission Staff Report 8

9 D R A F T (Prepared for 5/1/2007 Planning Commission Consideration) RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE NEGATIVE DECLARATION, REZONE, VESTING TENTATIVE MAP, PLANNED DEVELOPMENT, DESIGN REVIEW AND DEVELOPMENT AGREEMENT FOR THE STERLING CHATEAU UNIT # 5 DEVELOPMENT WHEREAS, the Planning Commission of the City of Vacaville conducted a public hearing on April 17, 2007 to consider a request of Meritage Homes for various approvals necessary to develop the 78 lot Sterling Chateau Unit #5 single family home subdivision on a 18.3 acre parcel at 5709 Vanden Road located west of Vanden Road, north of the Southtown development area and south of the existing Heritage Place neighborhood (APN: ); and WHEREAS, the Planning Commission held a duly noticed public hearing on Sterling Chateau Unit #5 on April 17, 2007 in accordance with applicable state law and the Vacaville Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested parties regarding the proposed project; and WHEREAS, the Planning Commission acknowledged the concerns expressed by the neighbors over the proposed through street connection between Somerville Circle and the Sterling Chateau Unit # 5 project and requested that staff prepare additional information to assist them in consideration of the facts related to emergency response associated with an emergency vehicle access (EVA) rather than a through street connection. The Commissioners also requested that the developer return with design revisions to address the large expanse of rear wall shown on Model 4 and clarify the level of additional architectural elements that would be included in the street facing façade of units on wide-shallow lots where houses would be rotated 90 degrees; and WHEREAS, the Planning Commission continued consideration of Sterling Chateau Unit #5 to a date certain, being the regularly scheduled Planning Commission meeting of May 1, 2007; and WHEREAS, on May 1, 2007, the Planning Commission considered the additional information provided by staff and invited testimony from the public; and WHEREAS, an Initial Study of Environmental Impacts has been prepared and demonstrates that the potential for impacts resulting from the development of the project can be addressed with mitigation measures, agreed to by the applicant and incorporated into the approval. A Mitigated Negative Declaration was noticed for a 30 day period from March 13, 2007 through April 12, 2007, circulated through the State Clearinghouse and additional information presented in the record clarifies the information presented in the Initial Study and demonstrates that no additional issues were raised that would result in significant new impacts not already disclosed and mitigated; and WHEREAS, the Planning Commission has considered the information in the document and in the record in the review of the project pursuant to the provision of CEQA and in accordance with the requirements of the Land Use and Development Code, Division III, Environmental Review (Section ), and finds: 1. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to 5/01/2007 Planning Commission Staff Report 9

10 drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory. 2. The project does not have the potential to achieve short-term environmental goals to the disadvantage of long-term goals. 3. The project does not have environmental effects which are individually limited but are cumulatively considerable. 4. The project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 5. The Negative Declaration reflects the independent judgment of the City of Vacaville, acting as lead agency for the project, pursuant to Section of the Public Resources Code (CEQA). 6. The mitigation measures have been identified and agreed to by the applicant and a Mitigation Monitoring Plan will be adopted by the City Council. The project does not result in environmental impacts that cannot be mitigated to a level of less than significant. WHEREAS, the Planning Commission has reviewed the requested applications for the Sterling Chateau Unit #5 Development and considered the testimony at the public hearing, the Initial Study and Negative Declaration, the staff report and the whole of the record for File and makes the following findings relative to each recommended action: Zoning Map Amendment Findings Findings Pursuant to Section of the Land Use and Development Code for the requested rezone from AG-Agriculture to RL-6, Low Density Residential, supporting evidence is found to be sufficiently demonstrated in the staff report, project application materials and the administrative record for file : 1. The proposed amendment is internally consistent with the goals, objectives and policies of the General Plan, the Zoning Ordinance, and the Development Code. The proposed Zone Change to RL-6 brings the property zoning into consistency with the current General Plan designation for the property of Low Density Residential. Evidence has been presented in the staff report and attachments describing consistency with the City s General Plan and Zoning Ordinance. 2. The proposed amendment would not be detrimental to the public health, safety, or welfare of the community. The proposed Zone Change to RL-6 will allow review of development and building proposals based on the State Building Code and the City s standards, policies and practices adopted to address public safety and community welfare. 3. The proposed amendment would maintain the appropriate balance of land uses within the City. The proposed Zone Change to RL-6 is consistent with the current General Plan land use 5/01/2007 Planning Commission Staff Report 10

11 designation of Low Density Residential. The General Plan designation was applied in 2004 when the property was annexed, based on consideration of the balance of land uses in the City. 4. The anticipated land uses on the subject site would be compatible with the existing and future surrounding uses. The single family detached neighborhood will be similar in pattern to the existing neighborhoods to the north and consistent with the quality and design of the Southtown Phase 1 project currently under development to the west. 5. The potential impacts to the City s inventory of residential lands has been considered. See discussion under # 1 and # 3 above. 6. The proposed amendment is consistent with any development related application that is processed and approved concurrently with the amendment application. The proposed project is consistent with the overall density and pattern created by the RL-6 standards. As required by the Land Use and Development Code for projects over 50 lots, the development includes a Planned Development proposal which establishes exceptions to certain RL-6 standards in order to support the alternate residential lot and house configurations called for in the Land Use and Development Code and in the City s Residential Design Standards. Vesting Tentative Map Findings Findings Pursuant to Section of the Land Use And Development Code for the requested Vesting Tentative Map, supporting evidence is found to be sufficiently demonstrated in the staff report, project application materials and the administrative record for file : 1. The design of the proposed tentative map is consistent with the goals, objectives and policies of the General Plan, Zoning Ordinance and the Land Use and Development Code. Evidence has been presented in the staff report and attachments describing consistency with the City s General Plan, Land Use and Development Code and Zoning Ordinance. 2. The proposed site is physically suitable for the type and density of development. The site is within the jurisdiction of the City of Vacaville and was designated for low density development when the property was annexed in Infrastructure studies conducted as part of the Southtown area development established the requirements for size and location of utilities and storm drainage to serve the area and residential development of the site was anticipated to provide necessary links for amenities envisioned in the Southtown Master Plan. 3. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Initial Study of Environmental effects has been prepared and considered and discloses that the project will not result in significant or substantial damage to fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not be detrimental to the public health, safety or welfare. 5/01/2007 Planning Commission Staff Report 11

12 The proposed development will be subject to State Building Code and the City s standards, policies and practices adopted to address public safety and community welfare. Street configurations, connections and an emergency vehicle access (EVA) will alleviate current substandard emergency access conditions in the existing Heritage Place subdivision, north on Somerville Circle by providing two means of access and egress and establishing a more efficient access route for responses from Fire Station 75 which is to be constructed just south of Sterling Chateau Unit # 5 on Vanden Road. 5. The design of the type of improvements of the proposed subdivisions will not conflict with easements, acquired by the public at large, for access through or use of, property within the boundary of the proposed subdivision. The project will modify existing easements for Solano Irrigation District and maintain maintenance access for SCWA to Alamo Channel. The development will dedicate landscaped public pathway areas that provide critical links for the overall pedestrian amenities within the Southtown area. 6. The dedications and improvements associated with the proposed subdivision are consistent with the General Plan, Zoning Ordinance and the Development Code. See # 5 above. All other dedications required by Conditions of approval are consistent with the City s requirements. 7. Adequate public facilities, including water, sewer, parks, schools, and other facilities are available to serve the proposed subdivisions or will be made available as a condition of approval to serve the proposed subdivision, without adversely affecting the existing public facilities serving the surrounding neighborhoods. The project will develop required facilities and will also be included in the benefit district for Southtown to share in the cost of improvements benefiting the development and also shared by the future residents. The developer will pay all adopted fees established to support public facilities that serve the subdivision; such fees being designed to provide improvements city-wide to maintain adequate service to all neighborhoods. The project is within the Southtown CFD for public safety and will pay the adopted per unit charge. 8. That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan. The project layout provides for alternate routes for residents and pedestrian and emergency vehicle connectivity between neighborhoods. 9. The design and layout of the proposed tentative map is consistent with the General Plan policies adopted with the Annexation of the area and with the policy implementation criteria established for the properties on the east side of Vanden Road. Evidence is provided in the staff report and attachments to demonstrate consistency with General Plan and special area policies. Planned Development Findings 5/01/2007 Planning Commission Staff Report 12

13 Findings Pursuant to Section of the Land Use and Development Code for the requested Planned Development, supporting evidence is found to be sufficiently demonstrated in the staff report, project application materials and the administrative record for file : 1. The proposed location of the planned development is in accordance with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code. Evidence has been presented in the staff report and attachments describing consistency with the City s General Plan and Zoning Ordinance. The site is within the jurisdiction of the City of Vacaville and was designated for low density development when the property was annexed in Infrastructure studies conducted as part of the Southtown area development established the requirements for size and location of utilities and storm drainage to serve the area and residential development of the site was anticipated to provide necessary links for amenities envisioned in the Southtown Master Plan. 2. The proposed location of the planned development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare. The proposed development will be subject to State Building Code and the City s standards, policies and practices adopted to address public safety and community welfare. Street configurations, connections and an emergency vehicle access (EVA) will alleviate current substandard emergency access conditions in the existing Heritage Place subdivision, north on Somerville Circle by providing two means of access and egress and establishing a more efficient access route for responses from Fire Station 75 which is to be constructed just south of Sterling Chateau 5 on Vanden Road. 3. The combination of different dwelling types or the variety of land uses in the development will complement each other and will be compatible with surrounding uses. The proposed project is consistent with the overall density and pattern created by the RL-6 standards. As required by the Land Use and Development Code for projects over 50 lots, the development includes a Planned Development proposal which establishes exceptions to certain RL-6 standards in order to support the alternate residential lot and house configurations called for in the Land Use and Development Code and in the City s Residential Design Standards. The proposal includes 6 house models, 4 two story and 2 one story, with four different architectural treatments and a number of color options; 6 lots are wide & shallow and will have rotated house plans. The project development plan is consistent with the Residential Development Standards. 4. The standards of density, site area and dimensions, site coverage, yard area, setbacks, height of structures, distances between structures, off-street parking, off-street loading facilities, and landscaping are generally compatible with surrounding neighborhoods. See discussion under Finding 3 above. 5. Adequate public facilities, including water, sewer, parks, schools, and other facilities are available to serve the site or will be made available as a condition of approval to serve the proposed development, without adversely affecting the existing public facilities serving surrounding neighborhoods. The project will develop required facilities and will also be included in the benefit district for Southtown to share in the cost of improvements benefiting the development and also shared by the 5/01/2007 Planning Commission Staff Report 13

14 future residents. The developer will pay all adopted fees established to support public facilities that serve the subdivision; such fees being designed to provide improvements city-wide to maintain adequate service to all neighborhoods. The project is within the Southtown CFD for public safety and will pay the adopted per unit charge 6. Projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan. The project layout provides for alternate routes for residents and pedestrian and emergency vehicle connectivity between neighborhoods. 7. The potential impact to the City s inventory of residential lands has been considered. The proposed Zone Change to RL-6 is consistent with the current General Plan land use designation of Low Density Residential. The General Plan designation was applied in 2004 when the property was annexed, based on consideration of the balance of land uses in the City. Design Review Findings Findings Pursuant to Section of the Land Use and Development Code for Design Review of the development plan, house plan architectural design and for the model complexes, supporting evidence is found to be sufficiently demonstrated in the staff report, project application materials and the administrative record for file : 1. The project is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance and the Development Code. The proposed Zone Change to RL-6 brings the property zoning into consistency with the current General Plan designation for the property of Low Density Residential. Evidence has been presented in the staff report and attachments describing consistency with the City s General Plan and Zoning Ordinance. 2. The proposed project is consistent with the standards and regulations of the applicable zoning district, and is consistent with other approvals for the site. The project site is zoned RL-6 and is within the density range prescribed by the General Plan. The project is proposed as a Planned Development, which allows approval of alternative development standards. The exceptions requested allow for the design of variation in house layout in response to the requirements in the City s Residential Design Standards. 3. The subject site is suitable for the type and intensity of development proposed, and that the design, size, and other physical characteristics of the proposed development are compatible with the adjacent uses. The proposed project is consistent with the overall density and pattern created by the RL-6 standards. As required by the Land Use and Development Code for projects over 50 lots, the development includes a Planned Development proposal which establishes exceptions to certain RL-6 standards in order to support the alternate residential lot and house configurations called for in the Land Use and Development Code and in the City s Residential Design Standards. The proposal includes 6 house models, 4 two story and 2 one story, with four different architectural treatments and a number of color options; 6 lots are wide & shallow and will have rotated house plans. The project development plan is consistent with the Residential Development Standards. 5/01/2007 Planning Commission Staff Report 14

15 4. The development will not be detrimental to the public health, safety or welfare. The proposed development will be subject to State Building Code and the City s standards, policies and practices adopted to address public safety and community welfare. Street configurations, connections and an emergency vehicle access (EVA) will alleviate current substandard emergency access conditions in the existing Heritage Place subdivision, north on Somerville Circle by providing two means of access and egress and establishing a more efficient access route for responses from Fire Station 75 which is to be constructed just south of Sterling Chateau Unit # 5 on Vanden Road. 5. Adequate public facilities are available to serve the site or will be made available concurrent with the proposed development. The project will develop required facilities and will also be included in the benefit district for Southtown to share in the cost of improvements benefiting the development and also shared by the future residents. The developer will pay all adopted fees established to support public facilities that serve the subdivision; such fees being designed to provide improvements city-wide to maintain adequate service to all neighborhoods. The project is within the Southtown CFD for public safety and will pay the adopted per unit charge 6. Projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the Vacaville General Plan. The project layout provides for alternate routes for residents and pedestrian and emergency vehicle connectivity between neighborhoods. 7. The project is consistent with any design guidelines adopted pursuant to Section (C) of the Land Use and Development Code, for the type of use or structure proposed. As discussed under Findings 2 and 3 above, the project design is consistent with the Residential Design Standards. Development Agreement Findings Findings pursuant to Section B. of the Land Use and Development Code for approval of the Development Agreement, supporting evidence is found to be sufficiently demonstrated in the staff report, project application materials and the administrative record for file : 1. The development agreement is consistent with the goals, objectives, and policies of the General Plan, and any applicable specific plan or policy plan. 2. The development agreement is compatible with the uses authorized in, and the regulation prescribed for, the land use district in which the real property is or will be located. 3. The development agreement would not be detrimental to the public health, safety, or welfare of the community. 4. The development agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community. 5/01/2007 Planning Commission Staff Report 15

16 5. The development agreement would not adversely affect the orderly development of property or the preservation of property values. 6. The development agreement would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City Vacaville does hereby recommend to the City Council, approval of the Rezone, Vesting Tentative Map, Planned Development, Design Review and Development Agreement for the Sterling Chateau Unit #5 development in accordance with the findings above and subject to the conditions of approval set forth in Exhibit A, attached hereto and incorporated by reference and including the following recommended revisions to the proposal: 1. Replace the public street connection between Somerville Circle and Street C of the proposed project with the passive emergency vehicle access (EVA) across the landscaped parkway area as shown in the exhibit presented at the May 1, 2007 Planning Commission meeting. 2. Incorporate the revisions to the design of the rear elevation of Model # 4 and the architectural detailing for side fronting elevations of houses rotated 90 degrees as shown in the exhibits presented at the May 1, 2007 Planning Commission meeting. 3. Acknowledge the correction to the Development Agreement text, Section 4. Paragraph R. (5) on page 22 so that the details are consistent with the text of Development Engineering Condition # 16. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 1st day of May, 2007 by the following vote: AYES: NOES: ABSENT: ATTEST: Scott D. Sexton, Community Development Director 5/01/2007 Planning Commission Staff Report 16

17 EXHIBIT A STERLING CHATEAU UNIT #5 CONDITIONS OF APPROVAL FOR ALL APPLICATIONS INCLUDING, REZONE, VESTING TENTATIVE MAP, PLANNED DEVELOPMENT AND DESIGN REVIEW OF HOUSE PLANS File No This action approves the application for rezoning of the Sterling Chateau Unit #5 site from AG-Agriculture, to RL-6 Low Density Residential, a Vesting Tentative Map for 78 lots, a Planned Development to allow for specific exceptions to RL-6 development standards, Design Review of the development plan, house plans and architectural details; all as described in project materials and plans submitted and stamped received by the City on January 4, A companion action also includes approval of the Development Agreement, which is a separate, signed document establishing agreement between the City and the developer, to certain details and obligations that may be in addition to the requirements of these conditions of approval. 2. The developer shall comply with the applicable City Standard Conditions of approval included herein. 3. Mitigation Measures as Conditions of Approval. The following mitigation measures from the Negative Declaration adopted for Sterling Chateau Unit #5 shall be considered conditions of approval for the project: Air Quality Mitigation Measures 3.c.1. Before beginning construction, obtain air quality permits from the Yolo-Solano Air Quality Management District for the operation of large stationary equipment (e.g.. generators) if needed. 3.c.2. Implement the following dust reduction measures during construction to reduce construction-related emissions: a) minimize the area being disturbed by earthmoving and grading; b) apply sufficient water, enclose, or cover exposed soil to minimize visible dust emissions; c) water all haul roads twice daily at a minimum, or as necessary to address dust created by construction equipment; d) replant exposed soil as soon as feasible; e) clean vehicles and equipment when exiting the project site; and f) clean accumulated dirt from adjacent streets as often as possible, but no less frequently than once a week. Biology Mitigation Measure 4.a.1. The developer shall conduct a pre-construction nesting survey within 30 days of the start of construction. The survey shall be conducted by a qualified biologist to determine if any raptor or loggerhead shrikes are nesting on or directly adjacent to the project site. If active nests are located within or adjacent to the project site, no construction activities will be permitted within 250 feet of an active nest during the nesting season. If construction activity within 250 feet of an active nest cannot be avoided, the City will consult with California Department of Fish and Game to 5/01/2007 Planning Commission Staff Report 17

18 determine the feasibility of relocating active nests and implement CDFG recommendations. 4.a.2 Biological Mitigation Measures from the Southtown EIR that address potential impacts associated with construction within the Southtown Phase 3 and Phase 1-A areas where of off site storm drainage facilities are proposed and construction of the detention basin shall be implemented by the developer of the Sterling Chateau #5 project if these improvements are not already completed by others. The developer is responsible for obtaining and complying with any associated permits or agreements required from other agencies prior to the commencement of work within areas of State or Federal jurisdiction. 4.c.1. If construction of the pedestrian crossign along the west side of the existing Vanden Road vehicle bridge across the Alamo Drainage Channel results in placement of fill below the ordinary high water line or result in any modification to the bed or bank of the channel, the applicant shall obtain the necessary permits & agreements from the Army Corps of Engineers, the Regional Water Quality Control Board and the California Department of Fish and Game prior to the commencement of construction. Cultural Resources Mitigation Measure 5.a.1. A site record of the building complex shall be prepared by a qualified cultural resource professional and shall be submitted to the Northwest Information Center for the permanent record. A letter, signed by the cultural resource professional, verifying completion of the site record and submittal shall be submitted to the Community Development Department prior to the issuance of a demolition permit for the existing buildings or removal of any partially collapsed structure or other component of the original farm complex. 5.b.1. If archaeological remains or cultural artifacts are encountered during any phase of construction, all construction activity in the general vicinity of the find shall be halted and a qualified archaeologist and the Community Development Director shall be notified immediately. Work on the project shall not be resumed until a mitigation plan with adequate measures for site protection is reviewed and approved by the Community Development Director. Noise Mitigation Measure 11. a. 1.Prior to approval of the Improvement Plans, an evaluation of the attenuation value of the proposed 6 masonry wall along Vanden Road shall be prepared by a qualified noise consultant and submitted to the Planning Division in order to verify that exterior and interior noise levels for project residences will be within the acceptable range required by the City s General Plan and Land Use and Development Code. Wall height may be adjusted up to 8 feet as necessary to address any site specific circumstances. Any revisions to wall height shall be included in the construction details and specifications in the improvement plans. Public Services Mitigation Measure 13.a.1. Prior to the final inspection and occupancy of the first dwelling other than a model home, the Developer shall have caused the installation of Opticom traffic control devices at the signalized intersections of Alamo Drive and Peabody road; Alamo Drive and Tulare Drive; Alamo Drive and Bel Air Drive; Alamo Drive and Nut Tree 5/01/2007 Planning Commission Staff Report 18