CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.3 STAFF REPORT February 18, 2014

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.3 STAFF REPORT February 18, 2014 Staff Contact: Christina Corsello (707) TITLE: REQUEST: RECOMMENDED ACTION: SOUTHTOWN SUBDIVISION PHASE 1A GENERAL PLAN AMENDMENTS, ZONE CHANGE, AND PLANNED DEVELOPMENT REAFFIRM THE 2004 SOUTHTOWN ENVIRONMENTAL IMPACT REPORT, AMEND THE GENERAL PLAN POLICY 2.3-I 13 TEXT AND LAND USE DESIGNATION FROM RESIDENTIAL LOW DENSITY TO RESIDENTIAL LOW-MEDIUM DENSITY, CHANGE THE ZONING FROM RESIDENTIAL LOW DENSITY 5,000 SQUARE FOOT LOTS TO RESIDENTIAL LOW-MEDIUM DENSITY 4,500 SQUARE FOOT LOTS, AND A PLANNED DEVELOPMENT WITH HOUSE PLAN REVIEW. THAT THE PLANNING COMMISSION ADOPT THE RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE RECOMMENDING THAT CITY COUNCIL APPROVE THE REAFFIRMATION OF THE 2004 SOUTHTOWN ENVIRONMENTAL IMPACT REPORT, THE AMENDMENT TO THE GENERAL PLAN POLICY 2.3-I 13 TEXT AND LAND USE DESIGNATION FROM RESIDENTIAL LOW DENSITY TO RESIDENTIAL LOW-MEDIUM DENSITY, THE CHANGE TO THE ZONING FROM RESIDENTIAL LOW DENSITY 5,000 SQUARE FOOT LOTS TO RESIDENTIAL LOW-MEDIUM DENSITY 4,500 SQUARE FOOT LOTS, AND THE PLANNED DEVELOPMENT WITH HOUSE PLAN REVIEW, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS AND FILE NO: APPLICANT & PROPERTY OWNER: General Plan Amendments, Zone Change, and Planned Development File No TRI Pointe Homes, Bill Sadler PROPERTY INFORMATION LOCATION: Southeast portion of the City, west of Leisure Town Road and south of the New Alamo Creek Channel

2 SITE AREA: ZONE: CURRENT LAND USE: ADJACENT ZONING & USE: UTILITIES: 33 acres+/- Residential Low Density 5,000 square foot lot minimum (RL-5) Vacant West: Vanden Road, Residential RL- 5 (Southtown Phase 3), and Residential RL- 6 (Vanden Town/Sterling Chateau 6) South: Vacant; Agriculture; Grazing (County) (Vanden Meadows Annexation) North: Residential RL-6 East: Leisure Town Road, RLM 3.6 (low medium density residential) To be extended to the site PROJECT SUMMARY SITE AREA: PROPOSED LAND USES: FLOOR AREA RATIO (FAR): 33 acres 141 single family dwellings Single Story House Plans 43.5% coverage Two-Story House Plans 40% coverage Exceptions to lot coverage requested to account for optional California Rooms NUMBER OF BUILDINGS: HOUSE PLANS: 141 Single Family Homes Single Story: (21) House Plan 1 1,876 sq. ft. living space (20) House Plan 1x (optional second story loft/extra bedrooms) 2,444 sq. ft. living space Two Story: (30) House Plan 2 2,506 sq. ft. living space (35) House Plan 3* 2,753 sq. ft. living space (35) House Plan 4* 3,118 sq. ft. living space *have optional California Room BUILDING HEIGHT: BUILDING MATERIALS: PARKING: ACCESS: UTILITIES: Residential max. 30 feet Concrete tile roofing, Stucco siding and trim, Mock wood and Wood trim, Mock wood and Wood shutters, Stone or brick accents, Mock tile vents, Horizontal siding, 2 car garage minimum Via Leisure Town Road City utilities will serve the site. Page 2 of 48

3 PROJECT DESCRIPTION The project proposal is to amend General Plan Policy 2.3-I 13, change the General Plan land use designation for the Southtown Phase 1A development from Residential Low Density ( units/acre) to Residential Low-Medium Density ( units/acre) in order to rezone the property from Residential Low Density with a minimum 5,000 square foot lot size (RL-5) to Residential Low-Medium density with a minimum 4,500 square foot lot size (RLM-4.5); and approve a Planned Development with exceptions to standards and house plan review for the 141 single-family unit subdivision. The project will utilize the existing approved Tentative Map, and therefore there is no change to the number of lots and all lots will remain a minimum 5,000 square feet. The project will include the following components: - Two General Plan Amendments 1) an amendment to the text of General Plan Policy LU 2.5-I 3 regarding timing for the construction of an adjacent apartment site. The project does not propose to construct the designated multi-family site on Leisure Town; and 2) an amendment to the General Plan Map Land Use Designation from Residential Low Density to Residential Low-Medium Density (Exhibit C General Plan Text Amendment and Map Amendment). - Rezoning for the 33 acres of single-family development from Residential Low Density 5,000 square foot minimum lot size (RL-5) to Residential Low-Medium Density 4,500 square foot minimum lot size (RLM-4.5) in order to utilize different development standards such as smaller setbacks (Exhibit D Existing and Proposed Zoning). - Planned Development with house plan review to compare the proposed house plans and master development plan for compliance with the residential development standards and analyze any requests for exceptions to the development standards; such as lot coverage and building setbacks (Exhibit E Master Development Plan and House Plans). The proposed project will use the existing approved Tentative Map and does not involve significant changes to the lot sizes or configurations. The subdivision map was originally approved in 2005 for 117 lots on minimum 6,000 square foot lots. In 2010, the Planning Commission approved a modification to the subdivision map rezone to 5,000 square foot lot size in order to increase the approved lots to a total of 141 single-family lots. Additionally, an amendment to the Southtown Development Agreement (DA) is required prior to development of the site. The applicant/developer has applied for the amendment separately and is working with staff to complete the agreement. Staff anticipates bringing the draft DA amendment to Planning Commission for recommendation to Council in March. PREVIOUS ACTION TAKEN February 25, 2003 City Council initiated the General Plan Amendments for the 280-acre Southtown Project and the 37-acre Moody Project. Page 3 of 48

4 March 30, 2004 The Planning Commission forwarded a recommendation to the City Council that the Southtown/Moody General Plan Amendment, Prezoning, Planned Development, Amendment to the Comprehensive Annexation Plan, Annexation, and Development Agreements be approved and the Southtown/Moody Environmental Impact Report be certified. April 27, 2004 The City Council approved the Southtown/Moody General Plan Amendment, Prezoning, Planned Development, Amendment to the Comprehensive Annexation Plan, Annexation, and Development Agreements and certified the Southtown/Moody Environmental Impact Report. September 13, 2004 The Solano County Local Agency Formation Commission adopted Resolution No , approving the Annexation of Lands Known as Southtown Annexation to the City of Vacaville, with certain conditions to be met. June 8, 2005 The Solano County Local Agency Formation Commission filed a Certificate of Completion finalizing the Southtown Annexation into the City of Vacaville. July 26, 2005 The City Council approved the cancellation of a Williamson Act agricultural contract for a 132- acre +/- parcel in the Southtown Development (Assessor Parcel Number ). This parcel is the location of the Phase 1 Tentative Map. August 2, 2005 The Planning Commission approved the Southtown 1 and 1A Subdivision Tentative Maps. November 15, 2005 The Planning Commission approved the Planned Development and house plans for Southtown Phase 1 and 1A. August 21, 2007 The Planning Commission approved a one-year time extension for the Southtown Phase 1A Tentative Map. January 19, 2010 The Planning Commission approved a modification to the approved Southtown Phase 1A Tentative Map to allow 142 single family units where 117 units were originally approved. (Tentative Map expires June 10, 2015) December 10, 2013 The City Council approved the initiation of the General Plan Amendment for Southtown 1A with a resolution permitting the General Plan Amendment to proceed ahead of the completion of the Comprehensive General Plan Update. Page 4 of 48

5 PROJECT ANALYSIS COMPLIANCE WITH THE LAND USE AND DEVELOPMENT CODE 1. General Plan Amendment The project requires an amendment to the General Plan text and mapped land use designation. As part of a 2004 General Plan amendment, General Plan Implementing Policy 2.3-I 13 (Exhibit C, South Vanden Area General Plan Implementing Policy) was added to the General Plan, establishing a list of development features that are required for projects within the South Vanden Area. The South Vanden Area includes the Southtown project area, the Moody (Southtown Commons) project area, and the Vanden Meadows project area. Additionally, General Plan Table 11-1 charts the compatibility of General Plan Land Use Designations in relation to zoning options. The main General Plan policy issues associated with the project are discussed below. Text Amendment: General Plan Chapter 2 Land Use Element, includes an implementation policy, Policy 2.3-I 13, which requires that the multi-family project on Leisure Town Road be constructed with the first phase of development in Southtown. The project requests that this requirement to build the multi-family site be removed so that the single-family homes in Southtown 1A may constructed now. Exhibit C is the revised General Plan Implementation Policy. Staff recommends approval of this change since the apartment site has not been constructed yet and there appear to no constraints on single family development moving forward at this time. Condition of Approval No. 11 states that multi-family site shall be required to have four 24 by 36 weather-proof signs, one at each corner of the site marking the site as the future Southtown Apartment site so that future residents for Southtown 1A will be aware of the apartment site. Map Amendment: The General Plan map currently designates the project site as Residential Low Density ( units/acre). Table 11.1 in the General Plan (Exhibit F) explains what zoning and under what circumstances the zoning is compatible with this General Plan designation. The proposed zoning of the site for Residential Low-Medium 4,500 square foot lot minimum (RLM-4.5) is compatible with the Low Density Designation with a Planned Development application when it meets the housing mix goals. The purpose for the requested zone change is to apply different development standards to the development project. RLM 4.5 is compatible with the Designation of Low-Medium Density ( units/acre). Therefore, the General Plan Land Use Map must be amended before a zone change request is approved. A comparison of development standards will discussed and analyzed in the Planned Development section below. Density: Although the proposal requires a revision to the General Plan Land Use Map, the revisions do not represent changes to the overall land use assumptions for the Southtown development area in that the proposal does not increase or decrease the number of total approved residential units for the Southtown development. Therefore, the density of the project site will remain at 4.25 dwelling units per acre. The project site density is below the density range for the Land Use Designation and the proposed zoning; however General Plan Table 11.1 footnote 3 expects slight deviations to the minimum density in some instances and this particular site is considered appropriate for this type of deviation in order to maintain the compatible lot pattern within Southtown. Page 5 of 48

6 Section (General Plan Amendments) of the Land Use and Development Code requires that the City Council adopt findings for approval of a General Plan amendment. Staff believes these findings can be made for the proposed General Plan amendment for the following reasons: (1) the proposed amendment may allow for down zoning for smaller lots, but the project does not include changing the existing Tentative Map or lot sizes, therefore the lots will remain at 5,000 square foot or more; (2) the proposed land use designation is compatible with the Southtown development area and surrounding areas; (3) City facilities are available to the site; and (4) the project will help facilitate and encourage development of an approved project site that has been vacant and planned for development for nearly 10 years. Relationship to the General Plan Update: On March 23, 2010, the City Council authorized the preparation of a comprehensive General Plan Update. At the time the City Council initiated the General Plan Update, a resolution adopting an interim policy regarding consideration of General Plan amendments during the comprehensive General Plan update was also adopted. This policy states that projects requiring a General Plan Amendment and/or a new Specific/Policy Plan will not be considered concurrently with the General Plan Update, with three exceptions. The General Plan Amendment requests filed prior to March 23, 2010 were exempted from this policy; the Solano Irrigation District s former corporation yard s new designation, Brighton Landing Specific Plan, and Vanden Meadows Specific Plan. On October 25, 2013, the aft General Plan and aft General Plan Environmental Impact Report were released for public review and comment. On December 10, 2013, the City Council adopted Resolution revising policy and permitting the proposed General Plan Amendment to proceed ahead of the completion of the Comprehensive General Plan Update. The proposed General Plan Amendment and subsequent zone change and planned development do not propose to change the density of the project site from that analyzed in the certified 2004 Southtown Environmental Impact Report. A land use study and environmental review for the project has been accomplished in-house without any impact on the General Plan Update. Consistency with the Preferred Land Use Alternative General Plan Update: The project is also consistent with the Preferred Land Use Alternative designated for study as part of the General Plan Update. The proposed text amendment would be incorporated into the General Plan Update. 2. Zone Change The applicant is proposing to change the zoning from Residential Low Density with 5,000 square foot minimum lot size (RL-5) to Residential Low-Medium Density with 4,500 square foot minimum lot size (RL-4.5). As previously mentioned; the purpose of the zone change is utilize smaller side yard setbacks so that the proposed house plans will fit better on the existing lots. The project does not involve reducing the size of the existing lots approved in 2009 at 5,000 square feet or larger. Page 6 of 48

7 Table 1, Comparison of Zoning Standards and Proposed Project Minimum Front Setbacks Minimum Rear Setbacks Minimum Side Setbacks Maximum Lot Coverage Current Zoning RL-5 Proposed Zoning RLM-4.5 Proposed House Plans 20 ft; 15 ft to porch (Varied 18 ft to 22 ft setbacks allowed if average on street is 20 ft) 20 ft; 15 ft to porch (Varied 18 ft to 22 ft setbacks allowed if average on street is 20 ft) complies 20 ft 5 ft and 10 ft 40% 20 ft (May be reduced to 15 ft if the average is 20 ft) 17 ft for some lots 5 ft & 10 ft OR 5 ft & 5 ft (Both sideyards may be 5 ft for single story houses) 5 ft sideyards for two story homes 40% Up to 45.5% for 48 lots Section (Zoning Map Amendments) of the Land Use and Development Code requires that the City Council adopt findings for approval of a Zone Change (see Exhibit D). Staff believes these findings can be made for the proposed Zone Change for the following reasons: (1) the zoning is a compatible transition to between the adjacent High Density zoning to the east, the RL-5 zoning to the west and south, and the RL-6 zoning to the north across from Alamo Creek; (2) the proposed zone change is compatible with the Southtown development area; (3) the proposed RL 4.5 zoning is requested for the smaller setbacks, lot sizes will exceed the minimum lot size for the zoning; and (4) the project utilizes an existing approved Tentative Map. 3. Planned Development Section A.1 (Planned Development Required) of the Land Use and Development Code requires a Planned Development permit approval for single-family projects with 50 units or more. The Planned Development permit process encompasses other approvals, such as design review or conditional use permits, into one comprehensive review, eliminating the need for separate applications and submittals. A planned development permit is applicable in this case to address: (1) a single family, residential project with 50 units or more; (2) to address the design of the homes; and (3) requests for exceptions to development standards. The developer requests the same exceptions to development standards as previous approvals for Southtown 1A, such as lot coverage and setbacks. However, the developer requests additional exceptions as well. Exhibit E is a compiled list of all previous conditions of approval for Southtown 1A. All conditions still apply unless otherwise revised by the conditions for the this proposed project, as stated on the conditions of approval for File No (Exhibit A) Section (Planned Development) of the Land Use and Development Code Section requires findings for approval of a Planned Development. Staff believes these findings can be made for the proposed Planned Development for the following reasons: (1) Page 7 of 48

8 the proposed location is compatible with surrounding developments; (2) the development standards as set by previous approvals for Southtown Phase 1A are met, except for the specified exceptions explained below; (3) the exceptions to development standards requested either have compensating benefits to the City and future residents (such as California Room, extra large front porch, or additional storage space in the garage) or are the result of efforts to reduce non-compliance (such as clustering house plans on larger lots so as to not exceed lot coverage), further explained below. ARCHITECTURE & PROJECT DESIGN STANDARDS 1) House Plans The applicant is proposing, essentially, five house plans ranging in floor area from 1,876 to 3,118 square feet. Plan 1 is a single-story, with some Plan 1 s (identified as Plan 1x) offering an optional second-story loft, while Plans 2, 3, and 4, are two-story. Plan 1 includes a great room; Plan 2 includes a great room with separate dining rooms and an optional den. Plan 3 also has a great room and separate dining room, but has an option upstairs bonus room. Plan 4 has a great room and separate dining room and an upstairs loft. All plans provide a minimum 2-car garage, however Plan 3 has extra 100 square feet for storage within the garage, and Plan 4 includes an additional 217 square feet for garage storage. Additional amenities are the deeper and longer front porches and optional California Rooms (built-in covered rear porches) on Plans 2, 3, and 4. The proposed house plans include the following: 3-5 bedroom plans, Optional den/bedrooms/bonus rooms, Master/owner bedroom and bathroom, Kitchen, Dining room, Great room, Covered porch, some oversized, Optional California Rooms, 2 car garage, Extra storage space within the garage, Laundry room, Fireplace Table 2, Summary of Proposed House Plans House Plan Floor Area Elevations Bedrooms Bath Type (sq. ft.) 1 1, story 1x 2, Optional 2-story 2 2, story 3 2, story 4 3, story Source: TriPointe Homes. Page 8 of 48

9 2) House Design and Building Materials The applicant is proposing three architectural styles: (1) Traditional; (2) Tuscan; and (3) Bungalow. These styles and designs are complimentary to the existing design themes within the Southtown Development. All three styles incorporate gables and hip roofs for the different elevations of the homes. Additionally, the homes add a new element in that they are not square boxes; meaning that the second story walls are set back from the first story on all four sides creating a complete tiered look. Additionally, the front porches are larger than standard porches, in both width and depth, to create a more functional space. The elevations are attached as Exhibit E. Exterior building materials and accent elements include: Concrete tile roofing, Stucco siding and trim, Mock wood and wood trim, Mock wood and wood shutters, Stone or brick accents Mock tile vents, Horizontal siding, 3) Compliance with the Residential Design Requirement for New Single Family Development New residential development not in Specific Plan areas are required to comply with the 1996 Residential Design requirements for New Single Family Development. The proposed project meets most of the requirements; but through a Planned Development, exceptions to development standards may be requested. The Code allows for exceptions to development standards to be approved if such standards are offset by the application of other improvements or increased standards elsewhere in the project which results in an overall benefit to the project. For Southtown Phase 1A, the requested exceptions are analyzed below. Alternative Configuration Requirement Code Section of the Residential District Development Standards requires that 50% of homes in RLM-4.5 zoning to be alternative configuration as listed within the code section. The proposed project has 21% of the homes that strictly comply with the requirement in that the 30 House Plan 2 homes have garages that are set back 5 ft. from the forward most habitable portion of the house. The intent is so that the streetscape is not dominated by garages as the prominent feature. Therefore, another 35%, the 35 House Plan 3s, meet this intent as the oversized front porch extends 5 ft. in front of the garage. Staff supports this consideration and therefore believes the project complies with the minimum 50% alternative configuration requirement (see Exhibit E). Distribution of House Plans House plans should be evenly distributed throughout the subdivision. The proposed project has some locations where the house plans are not evenly distributed. This is because in an effort to reduce the number of lots that exceed the maximum 40% coverage requirement, house plans with larger foundations were placed on larger lots. As the large lots tend to be on corners or cul-de-sacs, the effort resulted in groupings of similar house plans. However, steps can be taken place to prevent obvious sameness; Page 9 of 48

10 the same house plan will not be adjacent to each other; the same architectural design and color scheme will not be adjacent to each other; and streetscape will vary on each lot. These actions can be controlled by the Planning Division when Plot Plans are submitted for building permits. For reference, also see Exhibit E. House Plan on Adjoining Lots Condition of Approval No. 6 requires the developer ensure that the same house plan and architectural design are not be placed on adjacent lots facing the same street or on lots directly across from each other. This will be verified by the Planning Division when the developer submits individual Plot Plans for review prior to issuance of house permits. Mix of One and Two-Story Units Residential developments are required to have a minimum of 25% single-story house plans. The proposed project requests a unique situation. Southtown 1A house plans include an optional second-story loft option for the single-story house plans. The Development Plan (Exhibit E) identifies 21 single-story house plans (15%) and 20 with the second story option (14%). Staff and the developer came to a compromise on the minimum 15% single story with the understanding that the other 14% have an optional second-story element. But the reality of optional elements is that not all are built; therefore there is a likelihood that more that 15% will be constructed as single-story. Standards for Model Home Complexes Typically separate Design Review is required for Model Home Complexes. However, as part of the project, the applicant has identified the location of the model homes complex and off-street parking. Lots will be the model homes with Lot 113 as the offstreet parking. As the Planned Development application reviews the proposed house plans and the streetscape design, staff feels this complies with the intent of a Design Review. Condition of Approval No. 8 requires that the detailed plans for the model complex and temporary parking lot shall be reviewed and approved by the Community Development Director prior to issuance of building permits. One and Two-Story Plans in a Row New single family developments should not have more than four one-story or two-story house plans in a row on the same side of the street, except in cul-de-sacs. However, again due to efforts to reduce lot coverage issues and due to the special option of a second-story element to limited one-story house plans; the project does not comply with this requirement. Staff is in support of this variation because of said efforts. Setbacks The Development Plan (Exhibit E) identifies the type of house plan on each lot with the orientation and setbacks. For RLM-4.5 zoning, the required setbacks are as follows: 20 ft. front yard; 20 ft. rear yard; and 5 ft. & 5 ft. side yards. For the proposed project, the following exceptions to the setbacks are requested: Rear: The project mostly complies with the rear yard setback requirements of 20 ft, or 15 ft if the average is 20 ft. However, the developer requests exceptions for six lots. These six lots would have a 15 ft setback with an average of 17.6 ft 19.3 ft. The lots with the exceptions are corner lots or odd shaped lots with the largest of the house plans on the site and all include the California Room Option. Should the California Room not be chosen to be developed by the buyer, the exception would not be necessary. Staff supports these few exceptions because if the California Page 10 of 48

11 Room is not chosen, then the site would be in compliance; if the California Room is chosen, then the house has an outdoor living area and a future request for a patio cover or other accessory structure would be unlikely. Side: The project proposes to use 5 ft. setbacks for all house plans. The Code permits 5 ft sideyard setbacks for single-story houses only. However, the proposed house plans are different from existing homes in the City as they are designed like a wedding cake, meaning the second-story exterior walls are setback 5 ft from the first-story on all four sides. Therefore the distance between the houses on the ground level would be 10 ft, but the distance between the second-floors would be 20 ft. This tiering reduces the massing created by box-homes and provides first story elements with four-sided architecture. In addition, the design allows more daylight access and privacy separation between the second story of the homes. Lot Coverage: Land Use and Development Code Residential Development Standards set maximum lot coverage at 40%. Previous Planned Development approvals for Southtown 1A have permitted an increase in maximum lot coverage from 40% to 43.5% for single-story homes only. The project continues and complies with the 43.5% coverage for single-story homes. As mentioned above, the proposed house plans for Southtown 1A have a few extra elements to the designs. Though these extra elements are unique and an attractive commodity, they are major factors in the applicant s request for increased lot coverage for 48 of the 100 two-story homes (34%) up to 45.5% coverage. Exhibit G is a letter from the developer explaining the unique elements along with a Lot Coverage Table that easily depicts the lots with coverage exceptions. In short, the special elements are: An optional California Room; essentially a built-in covered patio incorporated into the house design and roof line. The California Room typically includes recessed lighting, outdoor fan, and can include an outdoor fireplace. This option is an increase to the price of the house and is a beautiful addition to the house plans. As is the nature of optional elements with added cost, it is likely that not all buyers will want the option and therefore not all options will be constructed. There are 14 lots proposed to not have the California Room as an option because the option would put coverage at nearly 50%. House Plan 2, 3, and 4 include larger-than-average front porches; ranging from 164 square feet to 204 square feet. This element provides for more useable space to allow room to allow for a more functional, useable front porch. House Plan 3 and 4 include additional storage space in the garage, ranging from an additional 100 square feet to 217 square feet. This element allows for household storage that may otherwise be stored in a shed. The purpose for limiting lot coverage in residential zones is to reduce building bulk and massing; to create a friendly sense of scale for residents; to minimize water runoff and maximize natural water percolation by limiting impervious surfaces; and increase the sense of privacy and personal open space for residents. A concern with permitting increased lot coverage is that future residents are not permitted to later construct an accessory structure; yet may wish to construct them anyhow. This puts a burden on City staff for zoning violations, work done without a permit, and Code Compliance when Page 11 of 48

12 responding to complaints and enforcement. In an effort to reduce the number of coverage issues for future residents and to provide future residents with clear information on the limitations of the lot coverage, Condition No. 7 requires that the individual Plot Plans for each lot include additional information and statements, such as clearly stating the site coverage and the Code Sections regarding limiting placement and amount of accessory structures. Recent examples where increased lot coverage was approved include Southtown Barrington house plans in November 2013 where an increase in lot coverage was granted up to a maximum of 45% for single-story units on specified lots. Similarly, North Village Unit 5; approved in April 2012 on 4,500 square foot lots; and North Village Unit 6; approved in April 2013 on a mix of 3,600 square and 4,500 square foot lots; were permitted lot coverage up to 43% for specific lots with single-story house plans only. 4. Development Agreement The Southtown Development Agreement encompasses a 10-year term that expires in June 11, The Southtown Phase 1A project was one of three component landowner sites covered by the Development Agreement; but was changed to four landowners when TRI Pointe Homes purchased the single-family portion of Phase 1A. The Agreement contains a project phasing plan allowing for 200 annual building permits to be allocated amongst all three land owners. The original allocation schedule established a schedule for construction of units that has not been achieved due to changes in the residential construction market. The Development Agreement also requires that the 10-acre apartment site be constructed as part of the first phase of the Southtown project. This multi-family housing site is an important component of the overall development plan for the Southtown project and is an important site for achieving the City s housing goals. The developer has submitted a separate application to amend the Development Agreement to address the above issues by requesting an extension of the term of the DA, requesting the release of all building permits for Southtown, and remove the requirement that apartments be constructed with the single-family subdivision of Southtown Phase 1A. Staff and the developer are working on negotiations for these points. When an accord has been reached, Planning Commission will review the amendments for their recommendation to Council. This is anticipated to occur in March Airport Land Use Compatibility Determination Solano County Airport Land Use Commission (ALUC) requires that any project involving a General Plan Amendment be reviewed at a public hearing by the Commission to determine if the project is compatible with the Airport Land Use Compatibility Plan. The Southtown 1A project is on the agenda for a determination on February 13, Southtown 1A is located in Area of Influence D for the Travis Air Force Base. Area C has restrictions on height of buildings. As the project is single-family with a maximum of 40 foot height, Staff is confident the ALUC will determine the project to be compatible. County Staff is recommending that the project be determined compatible with the Travis Air Force Base Land Use Compatibility Plan. Staff will provide Planning Commission with a written and verbal update as to the final determination made by the ALUC as part of the project presentation prior to the beginning of the public hearing. Page 12 of 48

13 ENVIRONMENTAL REVIEW Reaffirm 2004 Southtown Development Project Environmental Impact Report and Mitigation Monitoring Plan An Environmental Impact Report (EIR) for the Southtown/Moody projects was certified by the City Council on April 27, 2004 (SCH No ). This EIR looked at the entire Southtown development area, including the Phase 1-A project area. Pursuant to Section (b)(1)(c) of The CEQA Guidelines, an initial study has been prepared to determine whether and to what extent the previously certified FEIR for the Southtown Project is sufficient to address the potential impacts resulting from the development of the Phase 1A area of Southtown. The initial study uses the standard environmental checklist categories, but provides answer columns for evaluation consistent with the considerations listed under CEQA Guideline Section (a). None of the factors identified in CEQA Guidelines Section are present. The previously certified FEIR adequately addresses the environmental impacts associated with the Southtown Phase 1A area. A subsequent or supplemental EIR or Mitigated Negative Declaration is not required. The component proposals within the Phase 1A development area will be required to comply with all applicable mitigation measures of the Southtown Final EIR. Therefore, a reaffirmation of the 2004 Southtown EIR for the proposed project completes CEQA. FISCAL IMPACT The Community Development Department s review and processing of the General Plan Amendment, Zone Change, and Planned Development is funded by application fees paid for by the applicant. The Community Development Department s review and processing of Improvement Plans and Final Map will be funded through plan check fees. CONCLUSION The project proposal is to amend the General Plan Policy 2.3-I 13 text and Land Use Designation, and change the zoning to develop a 142-unit single-family home subdivision with a existing approved Tentative Map for Southtown Phase 1A. Staff supports the applicant s requests because: (1) the project proposes to develop a residential project that has been stagnant for nearly 10 years; (2) the project creatively finds a way to develop while utilizing an existing and valid Tentative Map; (3) the project adds to the City s single family housing inventory; and (4) the proposed house plans are a new type of product with unique amenities for the area. Page 13 of 48

14 RECOMMENDATION That the Planning Commission recommend that the City Council approve the reaffirmation of the 2004 Southtown Environmental Impact Report, the amendment to the General Plan Policy 2.3-I 13 text and Land Use Designation from Residential Low Density to Residential Low- Medium Density, the change to the zoning from Residential Low Density 5,000 square foot lots to Residential Low-Medium Density 4,500 square foot lots, and the Planned Development with house plan review for Southtown Phase 1A, subject to the conditions of approval. ATTACHMENTS: Resolution Planning Commission Recommendation to City Council Exhibit A Conditions of Approval Exhibit B Location Map Exhibit C General Plan Text Amendment and Map Amendment Exhibit D Existing and Proposed Zoning Exhibit E Development Plan, House Plans, and Landscaping Exhibit F General Plan Table 11.1 Exhibit G Developer Letter: Architectural Design Highlights and Lots Coverage Table Page 14 of 48

15 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE REAFFIRMATION OF THE 2004 SOUTHTOWN ENVIRONMENTAL IMPACT REPORT, THE AMENDMENT TO THE GENERAL PLAN POLICY 2.3-I 13 TEXT AND LAND USE DESIGNATION FROM RESIDENTIAL LOW DENSITY TO RESIDENTIAL LOW-MEDIUM DENSITY, THE CHANGE TO THE ZONING FROM RESIDENTIAL LOW DENSITY 5,000 SQUARE FOOT LOTS TO RESIDENTIAL LOW- MEDIUM DENSITY 4,500 SQUARE FOOT LOTS, AND THE PLANNED DEVELOPMENT WITH HOUSE PLAN REVIEW FOR SOUTHTOWN PHASE 1A, SUBJECT TO THE CONDITIONS OF APPROVAL WHEREAS, the Southtown Project Phase 1A, also called the Project, consists of constructing 141 single-family units in lots within an existing Tentative Map. The project area is shown in attached Exhibit A and is described as: Located in the eastern portion of the Southtown Project area adjacent to Leisure Town Road and Alamo Creek Channel Portion of APNs: , also known as Phase 1A of the Southtown Project WHEREAS, on April 27, 2004, the City Council the Southtown/Moody General Plan Amendment, Prezoning, Planned Development, Amendment to the Comprehensive Annexation Plan, Annexation, and Development Agreements and certified the Southtown/Moody Environmental Impact Report; and WHEREAS, on January 10, 2010, Planning Commission approved a modification to the approved Southtown Phase 1A Tentative Map to allow 142 single family units where 117 units were originally approved, which the Project will be utilizing; and WHEREAS, on December 10, 2013, the City Council initiated a General Plan Amendment to allow the applicant to subsequently change the zoning for Southtown Phase 1A; and WHEREAS, on February 13, 2014, the Solano County Airport Land Use Commission (ALUC) found the Southtown Project Phase 1A General Plan Land Use re-designation consistent with the Airport Land Use Compatibility Plan; and WHEREAS, the City has previously certified the Final Environmental Impact Report for the project and reaffirms that the revisions to the apartment site do not result in any new or more severe potentially significant impacts to the environment than are disclosed in the EIR; and WHEREAS, there has been substantial opportunity for public input throughout the Project public review process, including, but not limited to, the opportunity to testify at the aforementioned duly noticed public hearings; and WHEREAS, in the case of any unmitigated significant impacts, previously identified for the Southtown project in the certified FEIR, identified in the Statement of Findings and Overriding Considerations that was adopted during certification of the FEIR (CC Resolution Page 15 of 48

16 ) apply to the Southtown Project as a whole (Southtown Subdivision Phase 1A being a part of the original project); and, the information in the initial study checklist supports the determination that the current proposal for development of Southtown Subdivision Phase 1A is within the scope of the previously certified FEIR, including the Statement of Findings and Overriding Considerations. The City finds that the information in the FEIR had been considered, the benefits of the project had been compared to the significant environmental effects and that the benefits of the project outweigh the unavoidable adverse environmental effects, and thus these effects were considered acceptable under CEQA Guidelines Section 15093(a). Since the development proposals within the Southtown Subdivision Phase 1A area are within the scope of the original EIR, these findings of overriding benefit remain applicable to the discretionary actions associated with the development of the Southtown Subdivision Phase 1A area and its components; and, WHEREAS, pursuant to Chapter of the Vacaville Land Use and Development Code, the following findings apply to the reaffirmation of the previously approved Southtown FEIR: 1. That the activity is within the scope of the project covered by the previous EIR. A Final Environmental Impact Report (FEIR) was certified for the Southtown Project by the City Council in April 2004 (SCH# ); the FEIR considered and disclosed the potential impacts that could result from the construction of the modified Phase 1A of the Southtown development. 2. That no new significant effects would occur or no new mitigation measures would be required; Pursuant to CEQA Section 15162, and based on the analysis in the FEIR, the modified Southtown Subdivision Phase 1A project and its components are within the scope of the original environmental review and the project does not result in new activities or impacts that were not already considered and disclosed in the adopted FEIR and in the Findings of Overriding Consideration adopted by the City Council with Resolution That the Statement of Overriding Considerations adopted with the previous project for which the EIR was prepared will be incorporated into the project approval; The City Council adopted a Statement of Overriding Considerations for significant unavoidable and cumulative impacts resulting from the Southtown project indicating that the information in the FEIR had been considered, the benefits of the project had been compared to the significant environmental effects and that the benefits of the project outweigh the unavoidable adverse environmental effects, and thus these effects were considered acceptable under CEQA Guidelines Section 15093(a). Since the development proposals within the modified Southtown Subdivision Phase 1A area are within the scope of the original EIR, these findings of overriding benefit remain applicable to the discretionary actions associated with the development of the Southtown area and its components. 4. That feasible mitigation measures or alternatives adopted with the previous EIR or Mitigated Negative Declaration have been incorporated into the project approval. Page 16 of 48

17 Mitigation Measures from the Southtown FEIR that are applicable to the development of the modified Phase 1A area have been summarized included in this project review and will be incorporated as conditions of approval for the Phase 1A project. 5. That no new environmental document would be required. All potential impacts from development of the modified Phase 1A project area have already been analyzed and disclosed in the certified Southtown FEIR and in the Findings of Overriding Consideration adopted by the City Council in April 2004 (Resolution ). The mitigation measures applicable to the development of the Phase 1A area have been identified in the past initial study and mitigation monitoring program and will be imposed as conditions of approval for the Phase 1A project and component actions. WHEREAS, the Planning Commission has reviewed the Vanden Meadows General Plan Amendment and finds: 1. The proposed amendment to revise the housing mix policy for the Vanden Meadows area of the South Vanden Development Area is internally consistent with the goals, objectives, and policies of the General Plan since the City will retain adequate housing mix throughout the City, 2. The amendment would not be detrimental to the public health, safety, or welfare of the community since the revised housing type will be compatible with the approved existing and planned housing types within the area, 3. The proposed amendment would maintain the appropriate balance of land uses within the City, 4. The proposed amendment is consistent with the provision of Division 1 of Title 7 of the California Government Code pertaining to the amendment, update, or adoption of General Plans, 5. The proposed use of the site affected by the amendment is compatible with the planned adjoining uses. WHEREAS, the Planning Commission has reviewed the proposed amendment to the District Zoning Map, as depicted in Exhibit D, being Ordinance No., to change the zoning designation on the Southtown Project Phase 1A to: RLM 4.5 (Residential Low-Medium Density 4,500 sq. ft. lot minimum) WHEREAS, The Planning Commission has reviewed the request for the Southtown Project Phase 1A Planned Development with house plan review and conditions of approval based on the following findings: 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; Page 17 of 48

18 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; 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; 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; 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; 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; 7. The potential impacts to the City s inventory of residential lands have been considered. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City Vacaville does hereby recommend to the City Council reaffirmation of the Final Environmental Impact Report for the Southtown Project, including Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Plan. NOW THERFORE IT FURTHER BE RESOLVED, that the Planning Commission of the City Vacaville does hereby recommend to the City Council approval of the Southtown Project Phase 1A General Plan Amendment, Zone Change, and Planned Development with house plan review and conditions of approval. 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 18th day of February, 2014 by the following vote: AYES: NOES: ABSENT: ATTEST: Amy Feagans, Interim Community Development Director Page 18 of 48

19 EXHIBIT A CONDITIONS OF APPROVAL SOUTHTOWN DEVELOPMENT - PHASE 1A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND PLANNED DEVELOPMENT File No I. Previously Approved Conditions of Approval for Southtown 1A Subdivision Tentative Map and Planned Development: The applicant (TRI Pointe Homes) shall comply with all previously approved conditions of approval for the Southtown 1A subdivision as they pertain to the tentative map and planned development, unless they are in conflict with the conditions of approval for File No , as stated below. In the case of a conflict, the below conditions shall prevail. A complete and compiled list of the previously approved conditions of approval from File Nos , , , and are attached as Exhibit B. II. Project-Specific Conditions: The applicant (TRI Pointe Homes) shall comply with the following Project-Specific Conditions: PLANNING 1. The project approves the construction of a 141-unit single family residential subdivision at northwest corner of the Southtown Development Project east of Leisure Town Road and south of the Alamo Creek Channel as follows: a. Reaffirmation of 2004 Southtown Environmental Impact Report (Attachment 1); b. General Plan Amendment to Text and Map Policy 2.3-I 13, and Residential Low Density to Residential Low Medium Density (Attachment 2); c. Zone Change Residential Low Density 5,000 square foot lot size (RL-5) to Residential Low-Medium Density 4500 square foot lot size (RLM 4.5) (Attachment 3); and d. Planned Development and Development Plan (Attachment 4). 2. Prior to issuance of Building Permits, the following shall occur (permits for model homes may be exceptions, in compliance with laws and regulations): a. The Southtown Development Agreement Amendment permitting the single-family lots of Southtown 1A to build without the construction of the apartment site on Leisure Town shall be signed and recorded; and b. The General Plan Amendment and Zone Change must have taken effect, therefore 30 days must pass after the second reading by the City Council of Ordinance adopting Rezoning. (Vacaville Municipal Code Section : Administration and Procedures, Development Review Process Effective Date of Approval); and c. Final Map is recorded. 3. The plans submitted for Building Permits shall be in substantial compliance with plans approved by this action and dated January 14, 2014, except as modified by these conditions of approval. Any modifications to the approved project description and plans shall be subject to review and approval by the Director of Community Development, and may require separate entitlement approvals by the Director, Planning Commission or City Council. Page 19 of 48

20 4. All applicable mitigation measures identified in the Certified 2004 Southtown Environmental Impact Report (SCH No ) shall be approved as conditions of approval. 5. House plans identified as single-story plan 1 shall be constructed on a minimum 15% of the total number of lots (21 lots). House plans identified as house plan 1x shall be constructed on a minimum of 10% of the total number of lots (14 lots). A final development plan shall be submitted with the plans for building permits by the applicant identifying the plotting of house plans to meet this requirement. 6. The same house plan and architectural design shall not be placed on adjacent lots facing the same street or on lots directly across from each other. 7. An exception to the maximum lot coverage to allow an excess of 40% of lot coverage shall be limited as follows (Lot coverage exceptions shall be consistent with the Building Coverage Table dated February 28, 2012 (Attachment 5)): a. Lots with single-story house plans shall not exceed 43.5% lot coverage; b. Lots with two-story house plans shall not 45.5% lot coverage with a California Rooms; and c. The following lots with two-story house plans shall not have California Rooms: 64, 73, 95, 99, 102, 104, 105, 107, 110, 121, 122, 126, 134, and As indicated on the Development Plan dated January 14, 2014; the model home complex shall be located on Lots with the temporary off-street parking located on Lot 113. Prior to issuance of building permits for the model home complex, detailed plans for the model complex and temporary parking lot shall be submitted for approval by the Community Development Director as part of plan check. 9. Each individual Plot Plan submitted for plan check and building permits shall; in addition to other required information; identify the following, as applicable: a. Lot Coverage Percentage b. The following statements: On lots that exceed 40%, accessory structures such as porches, sheds, or gazebos shall not be permitted. Code Section Accessory structures are prohibited within the 5 foot side yard setbacks. Code Section c. Plot Plans for Lots 64, 73, 94, 99, 102, 104, 105, 107, 110, 121, 122, 126, 129, 134, and 137 shall state that there is NO California Room option. 10. Common driveways what comply with the 1996 Residential Design Requirements for New Single Family Development, as follows: a. Construction standards for common driveway shall be a minimum of 5 inches of concrete unless a soils report recommends a greater section; width, curb, and gutter types and other design features would be determined by the City Engineer. b. Minimum width of paving shall be 20 feet, which shall be posted No Parking Page 20 of 48

21 c. iveway and associated improvements shall be located within a private access easement; a mechanism for maintenance of improvements shall be required. d. Addresses of all dwelling unit served by a common driveway shall be posted on a sign located at its intersection with a public street. e. Fence height adjacent to the common driveway shall not exceed 3 feet in height when that portion of the lot corresponds to a front yard setback. f. No public utilities or public landscaping shall be located within the common driveway; separate sewer and water lines shall be required for each lot. 11. Prior to issuance of building permits, the multi-family site on Leisure Town Road shall have four 24 by 36 weather-proof signs stating Future Southtown Apartments Site, one at each corner of the site. 12. Section (D) of the City of Vacaville Land Use and Development Code states: A permit or entitlement may be revoked for reasons which include, but are not limited to, any of the following: (1) Failure to comply with the original approval or with one or more of the project conditions as originally approved; or the construction or development of the subject property is not in conformance with the project as approved; (2) Upon a determination that the permit or entitlement was obtained or extended upon fraud or misrepresentation; and (3) Upon a determination that the project violates a provision of the Municipal Code or is not operating in conformance with the performance standards. 13. The Applicant and the development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), the Vacaville General Plan and any applicable policy plan or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section , which requires, except as otherwise provided by law (e.g. Government Code ) that the Applicant shall defend, indemnify, and hold harmless the City and its officials and employees in any action, claim or proceeding brought by any person or entity to overturn, set aside, or void any permit, entitlement, or approval issued or granted by the City. The City shall promptly notify the Applicant of any such action, claim or proceeding and the City shall cooperate with Applicant in the defense thereof without contributing to the cost of such defense. 14. The Applicant shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or any portion thereof, including the installation or construction of improvements thereon; however, this duty to indemnify and defend shall not extend to any claim, suit or action arising solely from the City or its officers or employees' negligence or misconduct. In addition, the Applicant shall comply with the requirements of Vacaville Municipal Code Section Page 21 of 48

22 CONDITIONS OF APPROVAL SOUTHTOWN DEVELOPMENT - PHASE 1A File No , , and (COMPILED LIST OF CONDITIONS) I. Standard Conditions of Approval for Tentative Maps: The applicant shall comply with the applicable standard conditions of approval for Tentative Maps. II. III. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval for Residential Development. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNED DEVELOPMENT Conditions from File No Approved by Planning Commission on 9/15/ Plan submitted for building permits shall be in substantial compliance with the plan approved by this action, dated July, 2005, prepared by SDG Architects and the site plan prepared by Phillippi Engineering dated October 7, 2005, with the narrative dated November 7, 2005, except as they may be modified by these conditions of approval. 2. Architectural plans and plot plans submitted for building permits shall include revisions to the designs of the homes consistent with these conditions of approval. If the City and the applicant cannot reach an agreement regarding the proposed revisions, the designs in question shall be referred back for review and approval by the Planning Commission. 3. The same house plan elevations shall not be placed on adjoining lots or adjacent lots facing the same street. 4. No more than three (3), one-story or three (3) two-story units shall be placed in a row on the development plan. 5. The developer shall provide raised or enhanced trim around all doors, windows, and vents on all elevations to the satisfaction of the City Planner. The trim shall be an accent color. 6. Where a two-story element is proposed with a five-foot side yard setback, encroachments into the five-foot side yard for such features as chimneys, entertainment niches, and similar pop-outs are prohibited. 7. In each case where a ten-foot side yard setback is proposed on a corner lot, the applicant shall submit evidence for the review and approval of the City Engineer that the minimum required site distance has been met. No two story building will be allowed on corner lots unless the required 20-foot setback is provided from the property line or back of sidewalk. Page 22 of 48

23 8. Any fences on corner lots where the home is allowed to have less than a 20-foot street side setback shall extend from the rear corner of the building and shall not encroach further forward on the lot into the required or reduced setback. 9. Media niches which stand at least 30 off of the ground shall be allowed to encroach no greater than two (2) ft. into the required 10-foot side yard setbacks. Where a two-story element is proposed with a five-foot setback, shall be no additional encroachment allowed. 10. The minimum setbacks from property lines for the proposed houses shall be as follows, except for those indicated in the plotting summary provided by the developer as a part of this application: Front: 15 feet for side entry garages and living areas Garage door setback: 18 feet (only on those lots shown on the approved Development Plan) Porches: 10 feet Side: 10 feet and 5 feet with 15 feet between homes Rear: 20 feet in Area A; 20 feet average in area B with a minimum of 15 feet 11. The following mix of one and two story buildings shall be generally adhered to in Areas A and B: Plan 1-25%, Plan 2-15%, Plan 3-20%, Plan 4-20 %, Plan 5-20% 12. The developer shall comply with all of the terms and conditions of the Development Agreement by and between the City of Vacaville and Western Pacific Housing; the conditions of the subdivision map creating these lots; and the Mitigation Measures set forth in the Environmental Impact Report prepared for the Southtown and Moody projects. TENTATIVE MAP Conditions from File No Approved by Planning Commission on 8/2/05, and File No Approved by Planning Commission on 8/21/07, and File No Approved by Planning Commission on 1/10/10 PLANNING 1. Plans submitted for Building and Public Works permits shall be in substantial compliance with the tentative maps approved by this action dated January 19, 2010 except as modified by these conditions of approval. 2. The Developer shall comply with the requirements of the Development Agreement between the City of Vacaville and Western Pacific Housing, Alamo Glen Partners, and Stanley Wang regarding the development of real property commonly referred to as Southtown. Said document is dated May 11, 2004, and was recorded July 7, In the event there is a conflict with these Conditions of approval the Development Agreement, the Development Agreement shall prevail. Per Section 12(d) of the Development Agreement, administrative amendments to the agreement may be authorized and approved by the Community Development Director. However, if the Community Page 23 of 48

24 Development Director does not consider a proposed amendment to be administrative, a duly noticed hearing will be held before the Planning Commission and the City Council. 3. Prior to recordation of the Final Map for Southtown 1A, the applicant shall amend the Southtown Development Agreement and include a revised and updated phasing plan, for the purpose of determining Planned Growth Ordinance (PGO) allocations, subject to the review and approval by the Director of Community Development. 4. Future house plans for Phase 1A shall be subject to a separate Design Review/Planned Development approval by the Planning Commission. These house plans shall meet the requirements outlined in the Southtown Development Agreement, the Planned Development approved by the City Council on April 27, 2004 (Resolution 04-37), Planning Commission on November 15, 2005 (Resolution ), and the City s Single-family Design Guidelines, and applicable sections of the Land Use and Development Code. 5. The model home complex for Phase 1A shall be subject to a separate Design Review application subject to approval by the City Planner prior to the issuance of building permits. 6. Prior to and during any construction, the applicant shall show proof of any required permits and shall comply with the mitigation measures of the certified Southtown Environmental Impact Report (State Clearinghouse Number ) 7. Per Section 5(U)(3) of the Southtown Development Agreement, the applicant shall maintain regular correspondence with the Fire Chief regarding the number and location of dwelling units able to be constructed within the existing established response times prior to the dedication and construction of the new fire station. 8. The greenbelt/trail areas for Phases 1 and 1A shall be constructed per the following standards: A. Phase 1 tentative map: East side of Nut Tree Road: minimum width of 30 feet (this will require the rear property lines of lots to be readjusted approximately five (5) feet to the east); North side of Opal Way: minimum width of 47 feet; Northern boundary of Phase 1 (between Southtown and Village East No. 5): minimum width of 50 feet; Eastern boundary of Phase 1 (between Southtown and Han property APN ): minimum width of 50 feet. B. Phase 1A tentative map: West side of Leisure Town Road: minimum width of 42 feet (in accordance with approved plan lines for Jepson Parkway). If a separate entrance into the future apartment site is not constructed along Leisure Town Road during the initial phases of development, a continuous meandering sidewalk shall be constructed; Northern boundary of Phase 1A (between Southtown and the New Alamo Creek Channel): minimum width of 45 feet. Page 24 of 48

25 9. The developer shall install perimeter fencing/walls for the subdivisions in accordance with the following requirements: A. Phase 1 tentative map: East side of Nut Tree Road: Six-foot (6 ) high (minimum) masonry wall; Northern boundary of Phase 1 (between Southtown and Village East No. 5): Six-foot (6 ) high wood fence; Eastern boundary of Phase 1 (between Southtown and Han property APN ): A six-foot (6 ) masonry wall will only be required if the future development on the Han property, known as Sterling Chateau No. 5, proposes rear lot lines along this boundary; Southern property line (along Opal Way): Six-foot (6 ) high masonry wall B. Phase 1A tentative map: West side of Leisure Town Road: Six-foot (6 ) high masonry wall (between Street A and the southern project boundary). A masonry wall will be required along the eastern boundary of the apartment site at the time of its construction; Northern boundary of Phase 1A (between Southtown and the New Alamo Creek Channel): Unless otherwise mandated by the Solano Irrigation District (SID) or the Solano County Water Agency, a six-foot (6 ) high masonry wall or wrought iron fence shall be installed; Southern boundary of Phase 1A (between Southtown and APN ): If the adjacent property south of the Phase 1A subdivision has not been annexed into the City and re-zoned to residential, the developer shall be required to install a six-foot (6 ) high masonry wall along the entire southern boundary. If annexation and re-zoning has been completed, and construction of the new residential subdivision has commenced, the developer may install a wooden fence along the entire southern boundary. Details of the fencing/walls (including materials) shall be shown on the landscaping plans submitted for review and approval for each subdivision phase. The perimeter fencing/walls, shall be installed to the satisfaction of the City Engineer and City Planner. 10. Improvement plans shall show details of a sign, approximately 4 feet X 8 feet in size, at the southern end of Street C to notify residents that this portion of the street shall serve as a connection into the neighborhoods adjacent to the south. Final sign design is subject to approval by the City Planner. 11. Improvement plans shall show details and location of signage which will identify the 10 acre high density development site. A minimum of six (6) signs with dimensions of 4 feet X 8 feet shall be placed in conspicuous locations throughout the 10 acre site, at the time of construction of the RL-5 portion of Southtown Phase 1A. 12. Developer shall include a notice, with the home purchase documents notifying all buyers of the future Street C extension and the future 10 acre high density development. The contents of this notice shall be subject to approval by the City Planner prior to the approval of improvement plans. Page 25 of 48

26 13. The Developer shall design and professionally landscape and irrigate all of the proposed greenbelt/trail areas as shown on the tentative maps. Included in these greenbelt areas is the construction of 10-foot wide meandering sidewalk. These areas shall be incorporated into the Community Facilities District (CFD) or Landscape and Lighting Maintenance Assessment District (LLD) or similar assessment district, as approved by the City Engineer. These landscaped areas shall be subject to the City s Water Efficient Landscape Regulations. The proposed variety of trees and plants to be planted adjacent to sidewalks or curbs shall be submitted by professional landscape architect in California for review to and approval by the Directors of Public Works and Community Development Department. All Landscaping improvements shall be completed prior to occupancy. 14. Complete landscaping plans, showing all landscaping as approved on the tentative maps, and modified by these conditions, shall be submitted for review and approval by the Directors of Public Works and the Community Development Department and the City Engineer. These landscape plans shall be submitted with the improvement plans for each subdivision, and shall include any tree removals and tree preservation measures. 15. Prior to construction, the applicant/developer shall create and submit a grading and construction staging plan for review and approval by the City Planner, to ensure that the adjoining property owners will not be significantly impacted during the development of the project site. 16. The applicant/developer shall comply with the required conditions of approval from the Solano Irrigation District (letter from Emi Totschinger, Assistant Engineer, dated March 16, 2005). 17. The conditions Covenants and Restrictions (CC&R s) for the development shall include provisions to prohibit the storing of disabled vehicles or recreational vehicles within the front yard, driveway, or within public view for longer than 72 hours. 18. An avigation easement, in a form acceptable to the Community Development Director, shall be dedicated on the Final Maps for Phases 1 and 1A, as well as against each lot prior to the issuance of any building permits. The easement shall include the following: This property is in the area subject to over-flight by the aircraft using Travis Air Force Base and as a result, residents may experience inconvenience, annoyance, or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670) establishes the importance of public use airports, including federal military airports, to the protection of the public interest of the people of the State of California. Residents of property near a federal military airport should therefore be prepared to accept such inconvenience, annoyance, or discomfort from normal aircraft operations. 19. No construction or grading equipment shall be operated nor any outdoor construction or repair work shall be permitted within 500 feet from any occupied residence between dusk (one-half hour after sunset) and 7:00 AM Monday through Saturday, and no such grading or construction activities shall be allowed on Sundays or holidays except as provided for herein: Page 26 of 48

27 A. Interior work which would not create noise or disturbance noticeable to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions; B. Construction or repair work performed by or under the direction of a homeowner at his or her residence is exempt from these restrictions on Sundays and holidays, but such construction or repair work shall be limited to the hours between 8:00 AM and dusk. A request for an exception to the permitted construction hours and days may be granted by the Director for emergency work, to offset project delays due to inclement weather, for 24-hour construction projects, or other similar occurrences. 20. The applicant/developer shall provide the original buyer of each lot or home in the Southtown Phase 1 and 1A subdivision with the following statement in a form approved by the City Planner: The local school may be near or at student capacity. School District policy may result in the transportation of students from this development to other school facilities with adequate capacity to handle additional students. For additional information, contact the Travis Unified School District at (707) The applicant and development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), Vacaville General Plan and any applicable policy or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section , which requires the applicant to defend, indemnify, and hold harmless the City and its officials and employees in any action brought by a third party to overturn, set aside, or void any permit, entitlement, or approval. 22. The Applicant/Developer shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or any portion thereof, including the installation or construction of improvements thereon; however, this duty to indemnify and defend shall not extend to any claim, suit or action arising solely from the City or its officers or employees negligence or misconduct. In addition, the Applicant/Developer shall comply with the requirements of Land Use and Development Code Section FIRE DEPARTMENT The following Fire Code conditions apply to the subject project: 23. All development within the Southtown Subdivision which is directly located adjacent to hillsides and open-lands where wildland fire is a threat shall comply with the following requirements. Specific locations are as follows: Southern boundaries of Phase 1, lots facing the openland. Southern boundaries of Phase 1A, lots 6-21 facing the open land. Note: Additional areas may be added to the list above based on future findings and or lot changes. Page 27 of 48

28 1. Fire Buffer Zone There shall be a total of 50 feet of non-combustible defensible space located between residential yards that are adjacent to open lands where wildfire is a threat. This space may be located within the parcel, outside the parcel, or a combination of both. The 50-foot fire buffer zone may include one or a combination of the following components depending on the development site. The Fire Chief shall determine which component/s shall apply: 2. Fire Protection Greenbelt When required, a greenbelt of fire resistive, irrigated low-growth vegetation shall be installed. The greenbelt shall be maintained to its fire resistive properties. To the extent practical, non-potable water shall be used for the irrigation. 3. Fire Break A non-combustible fire break that is maintained may be used in areas that are not practical to apply either a greenbelt or fire access road. Firebreaks shall have grades not greater than 25%. 4. Single Loaded Streets When required, streets or roads that is directly adjacent to permanent open lands, where wildfire is a severe threat, shall only have housing located on one side of the street to provide additional protection from wildfires. This requirement is typically utilized when there are steep slopes adjacent to the development. 5. ainage Ditches When a concrete v-ditch is installed between the fire access road and the greenbelt or non-combustible surface, the greenbelt or non-combustible surface can be reduced by the width of the v-ditch. The fire access road must remain a minimum of 20 feet to allow the passing of emergency vehicles. For example: 20- foot fire access road, 4-foot v-ditch, and 26-foot greenbelt or fire break. 6. Non-Combustible Fencing. All fencing adjacent to open space lands where wildfire is a threat shall be of non-combustible material. Subject to the review and approval of the Fire Chief in each case, the fencing may be: (1) Open, such as wrought iron or similar material; (2) Solid, such as masonry walls; or (3) A combination of open and solid, such as a low masonry wall with open wrought-iron fencing above. (4) Condition of Approval 23 (5), Non-combustible fencing, shall be reviewed for applicability at the time of building permit for the rear property lines of the lots located on the southern edge of Southtown 1A adjacent to the parcel with the Assessor s Parcel Number: Rear Yard Setback A minimum of 30 feet rear yard setback from the 50-foot fire buffer zone is required for the main structure. Main structures may encroach 10-feet into the 30-foot setback if equipped with modified sprinkler systems. Page 28 of 48

29 8. Side Yard Setback A minimum 10 foot side yard setback is required for those lots adjacent to the open lands where wildfire is a threat. Note: Parcels that border open lands on the side shall have a 30 foot side yard setback. For example, the last parcel in a row of houses may have open lands on the rear and side. The intent is to protect the main structure from a direct wildfire approaching from the open lands. 9. Residential Construction Standards: (1). Class A Roof Fire Retardant Materials are required on all structures. (2). All structures shall be constructed with non-combustible siding. (3). All structures with eaves shall be enclosed, wrapped, or boxed-in with noncombustible materials to the satisfaction of the Building Official. (4). All attic and under floor openings shall be protected with 1/8 inch wire screens. 10. Accessory Structures All accessory structures, including but not limited to decks, awnings, patio covers, and sheds, shall be at least 10 feet from the property lines adjoining open lands. In no case shall accessory structures be allowed within the 50 fire buffer zone. An exception may be granted for non-combustible patio covers or awnings, subject to the approval of the Fire Marshal. Patio decks or elevated porches shall be screened underneath or box in below the deck or porch with wire mesh no larger than 1/8 of an inch. Note: In those cases where any required improvements are constructed, installed or otherwise located on public property, a Lighting and Landscape Maintenance District, Home Owners Association, or similar instrument shall be formed for purposes of providing funds for the on-going maintenance of the improvements at no cost to the City. A Disclosure Statement shall be included in all Grant Deeds precluding any buyer or subsequent owner from protesting the formation of such a financial mechanism and shall agree to pay all reasonable fees, charges, and assessments for the permanent and perpetual maintenance of the required improvements. 24. The Fire Department has reviewed the Tentative Map for Southtown Phase 1, and 1A, and has the following comments: Per the Development Agreement, the Opticom system shall be installed along Alamo ive from the Fire Station on Alamo ive to the project. The Opticom shall be installed and in service prior to any building permits being issued for these phases of construction. All cost for the Opticom system and installation shall be paid by the developer. It appears the dwellings proposed to be built on the Tentative Map, dated 8/16/04, for phases 1 & 1A exceeds the 200 dwelling threshold agreed upon as outlined in the Development Agreement. A fire station site shall be identified, purchased, and deeded by the developer prior to the 200 threshold being exceeded. Note: Revise plans to comply with this requirement. Page 29 of 48

30 Water Supply Requirements: 25. Fire flow water supply shall comply with the adopted City Water Master Plan. 26. An approved water supply capable of supplying the required fire flow for on-site fire protection shall be provided to all premises upon which buildings are constructed. 27. When any portion of buildings protected is in excess of 150 feet from a public water supply on a street, as measured by an approved route around the exterior of the building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the Fire Marshal. 28. Required fire hydrant flow requirements based on specific occupancy uses and development densities: 1, p.s.i. residual for single family low density residential units which do not exceed 5.1 units per acre. 3, p.s.i. residual for medium density residential units units per acre, and all schools. 4, p.s.i. residual for high density residential units exceed 8.0 units per acre, all commercial and industrial occupancies. 29. Public fire hydrants located along the street frontage shall be spaced no greater than 300 Ft. between hydrants. (Hillside, High Density and Commercial). 30. Public fire hydrants located along the street frontage shall be spaced no greater than 400 Ft. between hydrants. (Ordinary Residential). 31. Public fire hydrants located along the street frontage shall be spaced no greater than 500 Ft. street travel distance. (Collector streets and roads with no buildings fronting) 32. All fire hydrants shall be "Rich 960" or equal with two 2-1/2" and one 4-1/2" connections. Each hydrant shall have its own separate shut off valve located on the lateral adjacent to the hydrant. Curbs shall be painted red for a length of twelve (12) feet in front of each hydrant. Each hydrant shall have a blue reflective "Fire Light" hydrant spotter located in the street or driveway just off of centerline towards the hydrant. 33. Fire hydrants are to be installed by the developer and made serviceable prior to and during the time of construction. Temporary alternative fire protection measures during construction may be allowed if approved by the Fire Marshal. Access Requirements 34. Every building shall be accessible to Fire Department apparatus by way of access roadways during the time of construction. The developer shall provide the Fire Marshal with a site plan drawing showing proposed access roads during construction and a detail drawing of the roadway cross section. This plan must be approved by the Fire Marshal before any permit is issued. No Exceptions. Page 30 of 48

31 35. Emergency Vehicle Access (EVA) Roads shall be those roads off of a public or private road/street which are intended to be utilized by the Fire Department to combat Wildland/Vegetation fires. These roads are typically located around the perimeter of subdivisions which abut open lands, hillsides, and vegetation. These roads can also be strategically located at subdivisions for emergency evacuation routes due to limited ingress and egress. The access points to these roads are typically located at the end of cul-de-sacs and emergency vehicle access and utility easements and are kept locked. 36. Emergency Vehicle Access (EVA) Roads shall be required around the perimeter of sites where wildfire is a threat. Emergency Vehicle Access roads shall have average grades of not more than 20% with no section greater than 25%. The minimum width of such roads shall be 20. The cross slopes for the EVA roads shall not exceed 4%. These roads shall be engineering to withstand the imposed load of a fully equipped fire apparatus which is typically 12 tons. At a minimum, the all-weather road shall be graded and compacted, and shall be kept clear of all flammable vegetation at all times. The Fire Chief may require the road to be surfaced with decomposed granite or similar materials. 37. Emergency vehicle access (EVA) roads shall be provided at the following locations: Around the southern boundaries of Phase 1 adjacent to lots facing the open land. The Phase 1A lots bordering the southern property which are lots 6 through 21. Intermediate access points in Phase 1 and phase 1A to the (EVA) shall be placed in two locations as determined by the Fire Marshal. 38. Metal emergency vehicle access grates may be required in specific locations over V- ditches as determined by the Fire Chief. These grates shall be required for emergency fire apparatus to cross V-ditches in the event of a fire or emergency. These grates shall be designed and engineered to accommodate the imposed load of a fully staffed and equipped fire apparatus (typically 12 tons). Where these grates are installed, they shall have a minimum width of 10. It shall be the Fire Chief s final decision as to the number and location of these grates. 39. NO PARKING - FIRE LANE areas must be provided in accordance with the approved building permit plans. 40. The project shall comply with all Development Standards for New Construction Located Adjacent to Open Lands Where Wildfire is a Threat. The purpose of this standard is to increase the protection of life and property from wildfire occurring on open lands. This standard shall apply to new residential development located on parcels adjoining or adjacent to permanent open lands where wildfire is a threat. DEVELOPMENT ENGINEERING 41. Joint Trench Plans - The Applicant shall submit Joint Trench plans with the first submittal of Improvement Plans. The Applicant shall also provide an exhibit that is a composite of the Joint Trench facilities and City & SID facilities in a plan view. The exhibit shall include at a minimum the following facilities: electrical boxes, vaults and transformers, communication boxes and vaults, street light pull boxes, street light electrolier, fire hydrants, air release valves, water meter, sewer clean outs, storm drain inlets and manholes, driveways and property lines. Page 31 of 48

32 42. Sewer - The Developer is responsible to fund to update the Southtown Area Sewer Plan Evaluation and CSP-S Trunk Sewer Service Area Master Plan. 43. Court B Overland Release Within the additional rights of way at the end of B Court, the Developer shall construct a 6-foot high soundwall on the north side, followed by a 5-foot sidewalk, City standard vertical curb and gutter, 20 feet of asphalt pavement and a median curb. This area shall be signed No Parking on both sides to the satisfaction of the City Engineer. Bollards shall be installed to prevent vehicles accessing the Leisure Town Road meandering sidewalk. The Developer shall maintain 5-foot separation between storm drain and sanitary sewer facilities and 10-foot separation between sanitary sewer and water facilities. 44. Soundwall Clarification The Developer shall construct a sound wall at all rear and side residential property lines adjacent to public landscaping, including along Streets A and B and Leisure Town Road. 45. Current City Standards The Developer shall conform to current City standards, including but not limited to, low profile curb and gutter on all residential streets. 46. Lot Frontage The Developer shall not place driveways closer than 5-feet to a property line. Additionally, the Developer shall make every attempt to place water meter boxes, sewer cleanouts and other utilities no closer than 5-feet from the driveway or a property line. If a water meter box or sewer cleanouts must be place within 5-feet of driveway, a traffic rated box must be installed. 47. Standard Conditions of Approval. Developer shall comply with all applicable City of Vacaville Standard Conditions of Approval (Attachment A) for Tentative Maps. In the event of a conflict between the Standard Conditions of Approval and these conditions, these conditions shall prevail. 48. Tentative Map. Approval of the final map and approval the improvement plans are conditioned upon the requirement that the development is consistent with the Development Agreement, the approved Tentative Map for Phase IA dated July 6, 2005, prepared by Phillippi Engineering, Inc. and the Planned Development (PD), including the Land Use and Zoning for which this project was approved by the Planning Commission. All residential lots, streets, all other dedications and proposed improvements shown on the approved Tentative Map must be complied with, and the improvement plans and final map(s) shall be consistent with the detailed layout shown. Unless otherwise stated in these conditions, utilities, grading and site improvements must generally be in conformance with the said Tentative Map. In the event of any inconsistencies between the Tentative Map and these Conditions, the Conditions of Approval shall prevail. Any changes to individual residential lots, streets, grading or utilities proposed subsequent to the approval of the tentative map must be first reviewed and approved by the Director of Community Development, the City Engineer and the Director of Public Works prior to approval of final maps, improvement plans or construction. 49. Master Infrastructure Phasing Plan. In conjunction with the preparation of the Tentative Map, the Developer shall submit an Infrastructure Phasing Plan showing the phasing of the project with the ultimate infrastructure (utilities and paved access) needed to be constructed with each phase. Such plan shall be subject to review and approval by the City Engineer and the Director of Public Works. In planning the phasing of infrastructure Page 32 of 48

33 to be constructed, the Developer shall review all of the mitigations and required improvements as outlined in the project EIR, traffic reports and utility studies for the project, and other specific infrastructure requirements found in the environmental documents. The Developer shall identify each of the mitigation improvements and the sequence of their construction relative to the phases of development. This sequencing of improvements shall be then depicted on the Infrastructure Phasing Plan. Each phase of Southtown Development, and all of the adjacent existing development shall have sufficient water, sewer, drainage and paved access in accordance with City requirements. The Infrastructure Phasing Plan shall also address how the overall project area will be mapped, showing the location of all temporary and permanent utility lines, easements and paved access ways, landscaped areas, and roadway and traffic improvements. In the event that certain phased improvements will benefit or impact the project development plan, the Infrastructure Phasing Plan shall also show the area of impact and what the possible alternatives would be if subsequent phased improvements are not constructed with project. 50. The Tentative Map for each phase shall be in conformance with the Master Infrastructure Phasing Plan. 51. Overall Utility Plan. The Developer shall submit with the improvement plans an overall utility plan of each phase of development along with a corresponding electronic AutoCAD drawing file to the City Engineer, showing all proposed utilities and utility services within the public streets and utility easements. Such plan shall be prepared to the City s requirements for electronic files, and is intended to be used by the City as a part of the public records. 52. Phased Occupancy Plan. For each phase of development the developer shall prepare a phased occupancy plan for review and approval prior to occupancy of the 1 st building of the subdivision. The plan shall show that construction access to the portions of the development under construction is separate from general public access to new homes to be occupied. All improvements within each phase that will available to the general public shall be substantially complete prior to occupancy of any buildings within that phase, except for items specifically excluded in an approved Phased Occupancy Plan as approved by the Departments of Community Development and Public Works. Any phasing shall provide for adequate vehicular access and circulation for fire protection, and shall substantially conform to the intent and purpose of the approved project circulation plan. No individual building shall be approved for occupancy until the public access is reasonably complete, safe, accessible, until all reasonably expected services and amenities are completed, and until general public areas are fenced and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. With the submission of the first Development Plan, the Developer shall prepare an internal pedestrian circulation plan of Southtown Phase 1, that will show the proposed sidewalks and access-ways to other phases of the development as shown on the development project site plan to the satisfaction of the City Engineer and Director of Public Works. 53. Septic Tanks. The Developer shall remove any existing septic tanks and leach fields in accordance with the requirements of the Solano County Department of Environmental Management. Sewer Service connections shall be required on all properties within a 100 Page 33 of 48

34 feet of the water line per section of the Vacaville Municipal code unless otherwise agreed in writing between the owner and the City. 54. Wells. Any water wells, catholic protection wells or exploratory borings that are known to exist, are proposed or are located during field operations without a documented intent of future use filed with County, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Solano County Department of Environmental Management or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly. 55. Construction Coordination. The Developer shall construct all infrastructure improvements in a timely manner in accordance with overall project infrastructure improvement schedule approved by the City and coordinated with all parties affected. If in the event that certain infrastructure improvements are needed to be constructed for the protection of the existing land owners, residences or the general public, the Developer shall install all such improvements as defined by the City Engineer, shall cooperatively work with all parties involved and shall have certain housekeeping measures in place in a timely manner for the benefit all affected. At the start of the project, the Developer shall inform the City inspectors when each of the infrastructure improvements will be installed and what housekeeping measures will be in place during construction and coordinated with surrounding developments and residences. The Developer shall also construct temporary improvements during construction for the convenience and coordination of those existing residences or businesses. n the event that needed improvements or temporary improvements are not constructed or not properly maintained, the City has the right to hold back building permits, inspections, occupancy approvals or stop construction until such needed improvements are constructed or housekeeping conditions are improved to the satisfaction of the City Engineer, Building official or Director of Public Works. 56. Required Environmental Permits. If required, the Developer shall obtain all necessary environmental permits required by other agencies (California Department of Fish and Game, Army Corps of Engineers wetland delineation, etc.) and shall submit copies of the permits to the Department of Community Development prior to obtaining any site grading permits. 57. Topography and Boundary Survey Map. The Developer shall furnish the City a copy of the current title report and a copy of a Topography/Boundary Survey of the project property prepared by Land Surveyor or Civil Engineer, authorized to practice land surveying, licensed in the State of California showing the recorded project boundary lines, all recorded easements, existing contours and drainage lines, and structures, which shall be submitted to the City prior to the first improvement plan review. The Developer shall also show on the drawing the location of all existing driveways on all public streets within a maximum 200 feet from the project property. 58. Public Safety District. The Developer shall apply for and procure the adoption by the City of Vacaville of all necessary documents for the formation of a Public Safety District (PSD). The recordation of the first final map for Phase I will not occur until after the PSD has been formed. (Development Agreement Sections 4.A and 4.B) Page 34 of 48

35 59. Interim Maintenance Required. If the LLD has not been formed or is not yet actively maintaining the areas designated for maintenance by the LLD, the Developer shall provide interim maintenance of landscaped buffers, green belts, trails and other improvements to be ultimately maintained by the Lighting and Landscaped District. Such interim maintenance will be provided at the expense of the developer, but the lots and parcels within the subdivision property will not be assessed during the interim period. (Development Agreement Section 4.D). 60. Solano Irrigation District. The Developer shall de-annex or detach those portions of the site to be developed from the Solano Irrigation District prior to building permit. (Development Agreement Section 5.M) 61. Internal Street Names. The Developer shall prepare a street sign/naming plan for all internal streets within the Tentative Map, and shall submit same to the City Engineer for internal City review prior to improvement plan approval. The Developer shall submit an equal number of alternate names to be used in the event that names on the plan are unacceptable. It will be in the interest of the Developer to submit the plan and the list of alternate names as soon as possible. 62. Benefit District. The Developer may request the City of Vacaville to form a benefit district over all parcels adjacent to the Southtown Phase 1A parcel, including subsequent phases of the project (except any City-owned parcels), for the purpose of receiving financial reimbursement from owners of those properties that will benefit from installation of qualified infrastructure improvements constructed by the Phase 1A Developer. The funds for reimbursement will be collected from the owners or developers of the benefiting property at the time they process a subdivision final map. This benefit district shall be based on fair share analysis of the direct costs and benefit received to each parcel prepared by the Developer in accordance with City requirements and criteria, and shall be reviewed by the City Engineer and approved by City Council. The Developer shall pay all the costs for formation of the District, which will include a consultant s preparation of the benefit district report, the City s review of the report, and payment of other City fees required for formation the benefit district. The Developer and the City will cooperate in forming the benefit district such that its formation shall be accomplished within 12 months of completion of qualified infrastructure improvements, and before any benefiting properties connect to or use said qualified improvement. MAPPING, EASEMENTS AND DEDICATIONS 63. Lot Line Adjustment. The Developer shall file a lot line adjustment map, which will in essence, swap land between the owners of APN (Agape LLC) and the owners of APN (Alamo Glen Partners LLC). The final lot line between the parcels will be approximately as shown on Sheet 5 of 6 of the submitted Phase 1A Tentative Map, entitled, Topographic Plan. The lot line adjustment must be recorded prior to the filing of the Final Map for any subdivision of lands within the boundary of the Phase 1A Tentative Map. The lot line adjustment will enable the Developer to create Lots 48, 95, 96 and 97, as well as to dedicate A Street and D Street as shown on the Tentative Map. 64. Final Mapping. The Developer shall prepare a Final Map subdividing the existing property into the configuration, size and number of lots shown on the Tentative Map in Page 35 of 48

36 accordance with the requirements of the Subdivision Map Act and Vacaville Community Development Department policies and standards prior to building permit. The final maps shall be reviewed and approved by the City Engineer, the City Council and signed by the Public Works Director. All land area not designated on Tentative Map to be developed at this time shall be made into a separate parcel or shall be designated as a "remainder" parcel on the final map. 65. Master Final Map. The Developer shall prepare a project Master Final Map that shall show all of the elements of the project requiring a separate parcel, such as the Apartment Parcel, any Park Parcels, Town Center parcel, Fire Station parcel, and Community Center Parcel as required by the Development Agreement and as shown on the approved Land Use Exhibits. Each residential phase represented on the Master Final Map shall be further subdivided into residential lots and parcels by subsequent individual final maps. The individual subdivision maps shall reflect the configuration, size and number of lots shown for the respective phases on the said Tentative Map. 66. Abandonment of Easements and Right of Ways. Prior to the recording of the final map, the Developer shall obtain the abandonment from the City and from all applicable public agencies or utility companies, all of the existing easements and right of ways (ROW) not to be continued in use. 67. Detention Pond Site. Unless already completed in Phase 1, the Developer shall acquire all the needed property and dedicate to the City of Vacaville all lands necessary to construct a 100 acre-foot storm water detention basin as shown on the approved tentative map, prior to occupancy of the first residential unit with the project. All lands currently owned by the City of Vacaville and underlying the detention basin shall be approved by City Council for such use. The Developer may include the cost of constructing the detention basin and the cost of the acquisition of non-city-owned land in the benefit district, since other landowners will benefit from the improvement. 68. Trail Area and Landscape Buffer Dedications. The Developer shall dedicate to the City of Vacaville in fee all real property required for construction of trails and landscaped buffers for the project within Phase 1A. This required dedication shall be shown on the final map. 69. Right-of-Way along Leisure Town Road. The Developer shall dedicate to the City of Vacaville right-of-way to accommodate a full four lane arterial roadway with median. The ultimate dimensions of the elements of the roadway to be dedicated shall be as follows (metric equivalents shown in feet): A minimum 42 wide landscaped parkway with 10 meandering walkway, a 19.5 foot and a 12 foot traveled lane in each direction and a 15.7 foot landscaped median. The right-of-way dedication along the Phase 1A frontage will be in accordance with approved plan lines for Jepson Parkway, which were developed in metric units. 70. Abandonment and Acquisition of Lands from and Dedications to Solano Irrigation District (SID). The Developer shall obtain the abandonment of existing SID easements for all ditches, pipes and structures that will no longer be needed within the lands of Phase 1, and shall dedicate new easements over the Phase 1A project for the new alignment of non-potable water lines to be under the ownership of SID. The Developer shall dedicate to Solano Irrigation District a minimum 15 foot wide easement over lands within the Page 36 of 48

37 project where the SID pipe is outside the public right-of-way. A joint-use agreement will be required for all non-potable water pipe within the City s right-of-way. 71. Easements for Water and Sewer. The Developer shall dedicate to the City of Vacaville a minimum 15 foot wide easement for public water and sewer where pipes and appurtenances will be constructed within the tract, but outside the public right-of-way. This required dedication shall be shown on the final map. 72. Offsite Sanitary Sewer and Water Easements. The Developer shall dedicate or obtain the dedication of all necessary easements for offsite water and sanitary sewer pipes prior to the submittal of the final map. 73. Recorded Deeds and Dedications. The Developer shall provide the City a copy of the current title report and copies of all recorded deeds of all parties having any recorded title of interest in the property upon first submittal of the final map for plan review. Easement documents shall be submitted to the City for review as deemed necessary by City Engineer. Unless otherwise approved by the City Engineer, all dedications required for the subdivision shall be completed as part of the final map, and the required in-tract improvements secured by bonds prior to final map approval. In addition, all offsite dedications shall be obtained and recorded, and offsite improvements shall be appropriately bonded prior to the approval of the final map. 74. Public Street Dedications. The Developer shall dedicate to the City on the final map and construct all of public streets that are shown on the approved Tentative Map to the satisfaction of the City Engineer and the Director of Public Works. 75. Public Utility Easement Dedications. With final map approval, the Developer shall dedicate a minimum 10-foot wide Public Utility Easement (PUE) behind each side of the right-of-way of every street, and additionally over any joint utility trench lines or other utility service facility that cannot be placed adjacent to City right-of-way. Water, sewer and storm drain easements shall be provided as required elsewhere in these Conditions. PLANS AND REQUIREMENTS FOR CONSTRUCTION 76. Project Improvement Plans and Grading Plans. Concurrent with each individual final map, the Developer shall submit improvement plans and grading plans for the project for approval by the City Engineer. All plans shall be prepared, designed, and signed by a Civil Engineer licensed to practice in the State of California, and shall be completed to the satisfaction of the City Engineer and the Director of Public Works in accordance with the ordinances, standards, specifications, policies, and requirements of the City of Vacaville. All final maps shall be signed by a California Licensed Land Surveyor or qualified Civil Engineer eligible for signing such maps. 77. The subdivision grading plans shall include an overall plan of the entire Phase 1A grading concept, and shall show where stockpiles or borrow will occur, and the approximate size and quantity of earth planned for each stockpile or borrow area. 78. New ADA Requirements/Handicap Ramps. The Developer shall install handicap ramps in all public sidewalks at the intersections within the site and for all offsite street improvements. Ramps shall be constructed in accordance with all current State and Federal accessibility requirements and the City of Vacaville Standards to the satisfaction Page 37 of 48

38 of the Director of Public Works prior to occupancy. All curb, gutter and sidewalks shall be constructed to the newly adopted Standard Specifications and Standard awings. 79. Location of Improvements/Configuration of Right of Way. All public sidewalks, handicap ramps, traffic signal and light poles, traffic controllers, pedestrian buttons or other street improvements in the curb return area shall be located within the public right of way and constructed to the latest City, State and Federal accessibility requirements. The location of all public improvements and configuration of rights of way shall be approved by the City Engineer prior to recording of the final map and start of construction. 80. Transitioning Existing Improvements. The Developer shall be responsible for adequately transitioning all proposed improvements to match existing improvements in line and grade to current City requirements to the satisfaction of the City Engineer and the Director of Public Works. 81. Damage/Repairs. The Developer shall repair all damaged existing pavement, existing curb and gutter along the frontage of the project to the satisfaction of the Director of Public Works prior to occupancy. The Developer shall replace or repair any damage to existing landscaping or street improvements caused by the installation and construction of the project site and utility services to the satisfaction of the Directors of Community Development and Public Works. 82. Retaining Walls. Where finished grade of a property is in excess of 12 inches higher or lower than the abutting property or adjacent grade, and an appropriate slope is not feasible, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Community Development shall be required to be constructed. All retaining walls over 12 high shall be shown on the project grading plans for review and approval by the City Engineer prior to starting grading operations. Wood retaining walls are not allowed in the public right-of-way, or for walls over 12 high. 83. Maximum Slopes of iveways. The Developer shall show the location of all driveways on the improvement plans and show the slope of the driveway and drainage of each residential lot on final grading plans for each lot. No driveway slopes shall exceed a 14% slope unless approved by the City Engineer or Building Official. 84. Encroachment Permit. The Developer shall obtain an encroachment permit for all and any work to be constructed in the public right of way. The Developer shall pay all City Fees and meet bonding requirements for obtaining such a permit. 85. Geotechnical Investigation Report. The Developer shall prepare and submit to the City Engineer a Geotechnical Investigation Report (Report) prepared by a Civil Engineer or Geotechnical Engineer licensed in the State of California to be used in the preparation of the grading plan. 86. Graded Slopes/Erosion Control. All landscaped and graded slopes shall be hydroseeded and treated with erosion control measures immediately upon completion of grading to prevent soil erosion. The hydro-seed mix shall be subject to approval by the Director of Public Works. 87. Removal of Obstructions. The Developer shall remove all existing trees including major root systems and other obstructions that are necessary for public improvements and/or Page 38 of 48

39 for public safety as directed by the Directors of Community Development and Public Works. Before any construction starts developer shall prepare a tree removal and demolition plan over the grading plan showing which existing trees and other existing improvements to be removed and which existing trees or existing improvements to remain. STORM DRAINAGE REQUIREMENTS 88. Storm ain Improvements. The Developer shall design and construct all offsite and onsite storm drain lines, structures, detention basins and channel improvements needed to serve the subdivision to the satisfaction of the City Engineer and the Director of Public Works. The Developer shall construct the storm drain improvements required for each individual subdivision prior to occupancy of the first residential building, unless otherwise approved by the City Engineer. Until the City Engineer approves project storm drain phasing, no building permits will be issued in the project. 89. Storm ain System Criteria. The Developer shall design and install all required storm drain lines and structures to handle the drainage of the entire development per the latest Solano County drainage design criteria and the City of Vacaville specifications, and to the satisfaction of the City Engineer. Submitted with the storm design plans shall be a final storm drain study consisting of project hydrology and hydraulic calculations for a 10- year event prepared by a Civil Engineer licensed in the State of California, including calculations for the hydraulic grade line (HGL). The calculations shall show that, when using the 10-year HGL in the major storm drain provided by the West Yost & Associates Study as a starting point, the resulting HGL in the subdivision will be at least 1.5 feet below the top of the curb, unless otherwise approved by the City Engineer and the Director of Public Works. The study shall also show that the 100 year event can adequately drain to nearby streets without flooding building pads and surrounding properties. 90. Lot ainage. The Developer shall grade all lots so that adequate positive drainage is provided to the front of the lot, where it shall discharge storm water to the street. Discharge may be achieved through swales, drain inlets and through-curb drains, or other means acceptable to the City Engineer. Lot grading shall comply with building code and shall be designed in accordance with City of Vacaville Design Standards, Section 11 (Subdivision Grading Plans). ainage shall not be allowed to cross property lines except at the subdivision perimeter to accommodate pre-development conditions. In addition to the pad certifications required by the City s grading ordinance prior to building permit, the Developer shall have a licensed Civil Engineer or Land Surveyor certify, prior to occupancy, that the as-built finish grades of each lot, including building corners, swales, high points, low points and slopes, conform to the intent of the approved finish grading plan. 91. Federal Emergency Management Agency (FEMA). If the City Engineer finds it necessary, the Developer shall process with FEMA a conditional letter of map revision (CLOMAR), since the development will change the flood elevations and flooded areas in Southtown as a result of project improvements. The CLOMAR shall be obtained prior to the occupancy of the first residential unit. The Developer shall complete the process by obtaining a final letter of map revision (LOMAR) in a timely manner satisfactory to the City Engineer. Page 39 of 48

40 92. Overland Release. The Developer shall design the subdivision so that if the storm drain system becomes blocked, or if flows are above the capacity of the drainage system, the site will be able to release storm flows overland to the next available drainage inlet, street or drainage facility without flooding any buildings or structures. The maximum ponded level shall not exceed those specified in the City of Vacaville s published Design Standards, Section The Developer shall show the path of the overland release to Alamo Creek. 93. State Regional Water Quality Control Board. Prior to issuance of a building permit, the developer shall demonstrate to the City Engineer and Director of Public Works, that the proposed development meets the requirements of the City of Vacaville MS4/Phase II storm water general permit and corresponding design standards as issued by the State Regional Water Quality Control Board. The Developer shall demonstrate to the City Engineer and the Director of Public Works that the project has been designed to incorporate the requirements of the State Regional Water Quality Control Board s Best Management Practices. The project shall be designed to minimize storm water pollution and erosion during construction, and to provide for any permanent postconstruction measures that may be required to comply with City of Vacaville ordinances in effect at the time of improvement plan approval. These measures may include install ains to Bay decals on all catch basins, installing water quality structures such as storm interceptors, grassy swales, detention ponds or other devices to remove potential surface runoff impurities of the drainage from subdivision. Such measures shall be proposed by the Developer, and shall be approved by the City Engineer and/or the Director of Public Works prior to occupancy of the first residential unit within the individual subdivision. 94. The Developer shall submit to the City Engineer for approval a comprehensive storm water management plan, prepared by a Civil Engineer licensed by the State of California, prior approval of the subdivision improvement plans and storm drain system calculations. This management plan shall include comprehensive hazardous materials spill prevention and response plan to reduce the potential for impacts upon aquatic habitats. The Developer shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for this project prior to start of construction. 95. Major Storm ain System Features. A drainage study commissioned for the Southtown Development has been completed by West Yost & Associates, dated July 29, Using the storm drain study as a guide, the Developer shall prepare detailed design calculations and plans for the construction for the detention basin, major and minor storm system improvements and overland release as shown on the approved Tentative Map. The following specific features will be required to provide adequate flood control for Phase 1A of Southtown: a. Detention Basin: In the event that the Developer of Phase 1 does not proceed with construction prior to Phase 1A construction, the Developer of Phase 1A shall construct a detention basin to provide storage to mitigate for increased runoff resulting from the Southtown Development and to mitigate for loss of the existing floodplain storage within the project area. The proposed detention basin shall have a volume of approximately 100 acre-feet. At tentative map the maximum recommended elevation for the high water level of the pond is 90.0 feet. The basin shall have a top rim elevation of 90.0 feet and a bottom elevation of 78.5 feet. The detention basin shall include a spillway located at the north end with a crest Page 40 of 48

41 elevation of 88.5 feet and a crest length of 40 feet. A berm or floodwall may be required from the proposed basin to the masonry wall along the proposed Moody Development. The dimensions and elevations provided are based on best available information, and are subject to change during final design at the direction of the City Engineer. In the event that the Phase 1 Developer elects to phase the construction of the detention basin, such that the capacity of the basin is adequate for Phase 1 only, then the Developer of Phase 1A is required to enlarge the basin to its ultimate required size as shown on the Tentative Map, and as shown in the ainage Study by West Yost & Associates. b. Additional Requirements: The subsequent phases of the Southtown Development will be required to complete additional drainage improvements including additional culvert(s) under the adjacent railroad, replacing SID s existing twin 36 pipes just east of the railroad with twin 60 pipes, and other major culverts and improvements downstream. The Developer for Phase 1A shall be responsible to share in the cost of such future improvements through a benefit district. c. Major Storm ain in A Street and Leisure Town Road: The Developer shall design and construct a storm drain in A Street, as shown on the Tentative Map, beginning with a 30 pipe at the west Phase 2A boundary and continuing down A Street to a storm drain manhole at the intersection of A Street/C Street, from there continuing with a 54 pipe to a manhole at the intersection of A Street/Leisure Town Road, then continuing with a 60 pipe southward on Leisure Town Road to a point where the pipe crosses to the east side of Leisure Town Road and discharges to the proposed detention basin. d. 18 in B Street: The Developer shall design and construct a portion of an 18 storm drain pipe and manhole in B Street for the benefit of future phases of Southtown, as shown on the Tentative Map. The pipe shall be blocked at each end by a method acceptable to the City Engineer. e. Benefit District for Major Storm ainage Features: The detention basin, the major storm drain pipes and the subsequent downstream drainage improvements, together with the storm drain system features listed above are considered a benefit to the entire Southtown Development and other adjacent lands contemplated for development. Such developable lands contributing storm runoff to the improvements or needing the improvements in order to be able to develop will participate in the funding of the major storm features. 19. Solano County Water Agency (SCWA) Encroachment Permit Needed. The Developer shall secure and encroachment permit from SCWA for the construction of a 15 pipe outlet and associated discharge of storm waters from Southtown Phase 1A into the New Alamo Creek storm channel. The location of the outlet is near the upstream side of the Leisure Town Road Bridge. 20. Temporary Facilities Needed. The Developer shall design and construct a temporary system of drainage ditches, field inlets, or other storm drain devices to collect and control water from the west side of the project planned for subsequent phases of Southtown. Attention shall be given in the design of the temporary system to erosion Page 41 of 48

42 and sedimentation control, and the requirement that water cannot enter the lots, greenbelt, or streets of Phase 1A without being collected and directed into the permanent storm drain system. SANITARY SEWER 21. Updated Sewer Capacity. The sewer capacity allocation (per City Resolution ) that is available for this project is based on the proposed land use and City approved sewer study. The development shall not exceed the allocated capacity, and the Developer shall pay all sewer fees per the Development Agreement. 22. On-Site Sanitary Sewer Lines. The Developer shall construct all sewer lines needed to serve the project as shown on the project Tentative Map and on the Master Infrastructure Phasing Plan. Sanitary sewers shall be designed per latest City Standard Specifications and Standard awings, and shall be constructed to the satisfaction of the Director of Public Works prior to the occupancy of any unit within the subdivision. All connections to existing sewer mains and manholes shall be in accordance with City of Vacaville standards, and the downstream connections shall be constructed and approved before the occupancy of any proposed residential building. All required improvements and mitigations for Phase 1A development as outlined in the final sewer study entitled Southtown Project Sewer Plan Evaluation and CSP-S Trunk Sewer Service Area Master Plan, by West Yost & Associates, dated July 29, 2005, shall be incorporated into the plans and constructed prior to occupancy of the first residential building, or as directed by the City Engineer, or the Director of Public Works. 23. Phased Infrastructure Sewer Lines. The following sewer lines are required to be constructed by the Phase 1A Developer as part of the phased infrastructure improvements, and will be eligible for inclusion in a future benefit district: a. The Developer shall design and install a permanent 12 sanitary sewer in B Street as shown on the Tentative Map, which shall be stubbed at the temporary western end near the west boundary of Phase 1A. b. The Developer shall also design and construct a sewer in A Street starting with a 12 at the manhole in the intersection of C Street/A Street, then running down A Street to a manhole at A Street/ B Street, from which in continues down A Street as a 15 SS to the Phase 1A western boundary, where it makes a curve to the north through a portion of a subsequent phase of Southtown and through the planned Sterling Chateau Subdivision No. 6. The line then connects to pipes which lead to a 15 sanitary sewer crossing under SCWA s New Alamo Creek storm channel. c. The 15 sanitary sewer crossing under New Alamo Creek shall be designed constructed with Phase 1A improvements by the Developer. The crossing shall meet the requirements and specifications of the City of Vacaville and shall be approved by the City Engineer, and also shall be approved by Solano County Water Agency. An encroachment permit from SCWA will be required for the work. d. A 12 SS line shall be designed and constructed by the Phase 1A Developer running east-west in E Street between the crossing under New Alamo Creek and Leisure Town Road, for the benefit of the Moody property (east of Leisure Town Road). The location of the temporary end of the 12 SS in Leisure Town will be subject to the Page 42 of 48

43 approval of the City Engineer. The approximate alignment of said 12 SS line is shown on the Tentative Map. 24. Funds to be Advanced for Off-Site City Sanitary Sewer Improvements. In accordance with Section 5.S of the Development Agreement, the Developer shall advance funds to the City for certain off-site downstream sewer improvements, in the event that the City has not accumulated sufficient developer s fees to cover such construction at the time needed for Southtown Development. Such funds will be reimbursed back to the Developer when the needed fees have been collected. WATER 25. Acquisition of Domestic Water supply to Serve Project. Developer shall pay $1829 per dwelling unit as payment in full for the cost of acquiring additional domestic water to serve the residential uses as contemplated by the Project. This cost shall be in addition to the standard water service connection fee assessed by City at the issuance of a building permit. 26. On-Site Water Mains. The Developer shall construct all water mains needed to serve the project as shown on the project Tentative Map and on the Master Phasing Plan. Water mains shall be designed per latest City Standard Specifications and Standard awings, and shall be constructed to the satisfaction of the Director of Public Works prior to the occupancy of any unit within the subdivision. All connections to existing water mains shall be in accordance with City of Vacaville standards for pressure and bacteria testing, and the connections shall be completed and approved before the construction of any proposed residential building. Prior to the construction of the water line, a water connection and disinfection plan shall be submitted to and approved by the Director of Public Works for each segment of the water system being filled and placed into service. All required improvements and mitigations for Phase 1A development as outlined in the final water system study entitled Southtown Project Water Modeling Study by Nolte Associates, dated July 29, 2005, shall be incorporated into the plans and constructed in accordance with the Infrastructure Phasing Plan, or as directed by the City Engineer. 27. The Developer shall design and construct the all water improvements as shown on the approved Tentative Map and those required for Phase 1A on the Master Phasing Plan, to the satisfaction of the Director of Public Works and the City Engineer. Unless otherwise noted on the Tentative Map, all in-tract public water mains shall be minimum 8 diameter and shall be of materials required by the City of Vacaville standards. 28. Phased Infrastructure Water Mains. As shown on the Tentative Map, the following mains are required to be completed by the Phase 1A Developer as part of the phased infrastructure improvements, and will be eligible for inclusion in a future benefit district. The Developer shall design and install the following prior to occupancy of the first building in Phase 1A: a. A 12 water main shall be constructed from a connection point just east of the intersection of B Street of Phase 1 and Vanden Road, continuing through a subsequent phase of Southtown along an alignment shown on the Phase 1A Tentative Map (Sheet 3) and entering Phase 1A at the stub end of B Street. Once Page 43 of 48

44 inside the Southtown Phase 1A boundary it continues in B Street to a 12 x12 x12 Tee in A Street. b. A 12 water main shall be constructed in A Street from the Tee in the intersection of B Street/ A Street eastward to 12 x12 x8 cross in the intersection of C Street and A Street. c. A 12 water main shall be constructed from the cross in the intersection of C Street / A Street and running through C Street northward to a Tee in the water main in E Street. d. A 12 water main shall be constructed from the Tee at the intersection of C Street / E Street eastward through E Street to a Tee with the proposed 18 water main in Leisure Town Road. e. An 18 water transmission main shall be constructed along the entire Phase 1A Leisure Town Road frontage, connecting to an existing 18 main near the New Alamo Creek Bridge, and ending at temporary terminus at the south boundary of the Phase 1A parcel. 29. Solano Irrigation District (SID). The Developer shall design and construct SID improvements as shown on the approved Tentative Map prior to occupancy of the first building in Phase 1A, and shall comply with the requirements of the Solano Irrigation District as listed in their letter to the City dated March 16, 2005, or as modified by SID. In addition, the Developer shall construct a non-potable water system (NPW) to provide water to public parks, landscape buffers, greenbelts, and to the proposed school site. All construction of the NPW shall be to the satisfaction of the Director of Public Works and the City Engineer, as well as SID. 30. Water Quality Sampling Stations. The Developer shall install water quality sampling stations behind the sidewalk and within the PUE at locations designated by the Public Works Department per City Standard Details. Public Works will provide the sample station equipment to be installed by the Developer. PUBLIC UTILITIES 31. Relocation of Existing Improvements. Any relocation of existing improvements or public utilities shall be accomplished under the direction of the governing agency, at no expense to the City. 32. Underground Utilities. All utilities within the project and to each lot shall be constructed underground in accordance with the City policies and existing ordinances. All utilities shall be located within public utility easements and shall be constructed in accordance with utility company and City standards. The Developer shall relocate the large boxes at approved locations or screen with landscaping to the satisfaction of the City Engineer or the Director of Community Development. 33. Offsite Underground Utilities. The Developer of Phase 1A shall underground any existing overhead utilities within the project boundary. 34. Order of Work for Utility Installation. All mains, laterals and services for water, gas, sewer, underground electric power, cable television and telephone lines, irrigation Page 44 of 48

45 sleeves and storm drain lines shall be constructed before construction of paving, curbs, gutters and sidewalks, unless otherwise approved by the Director of Public Works. Prior to construction of residential units, and before sidewalk construction, the developer shall install all utility laterals and services from the mains to temporary stubs within each lot and the location of each marked with a stake for future connection to the residential building, unless waived by the Director of Public Works in writing. 35. Joint Utility Trenches/Under grounding/utility Plans. The Developer shall construct all joint utility trenches (such as electric, telephone, cable TV) electrical vaults and underground transformers behind the sidewalk and the plans shall be reviewed and approved by the City Engineer prior to construction. Location of these items shall be shown on the final Landscaping and Irrigation Plans and shall be screened as much as possible to the satisfaction of the City Engineer. 36. Joint Trench Concept Plan. The Developer shall prepare a joint trench concept plan of the location of the joint trench and shall show the locations of large boxes (larger then 2x3), switches, transformers and other joint trench (electric, telephone, cable TV, gas, etc.) utility improvements at locations approved by the City Engineer and Director of Community Development prior to submittal to utility companies for approval. Developer shall grant public service easements at all approved proposed locations that are not in the PUE or public right of way. If needed to hold back more than 1 of earth, the developer shall construct all retaining walls out of masonry or concrete prior to acceptance of tract improvements. 37. Petroleum Transmission Pipe. The Developer shall demonstrate, to the satisfaction of the City Engineer, that the construction of the Phase 1A project and any required grading in conjunction with drainage facilities near the railroad right of way east of Leisure Town Road has been approved by the pipeline owner, or are a sufficient distance away from the pipeline. LANDSCAPING AND PARKS 38. Landscape Maintenance. The Developer shall maintain landscaping in public landscape areas or open space after installation until the City accepts the improvements and appropriate maintenance or landscape the lighting district is established and assumes the maintenance responsibilities. This maintenance shall include weeding and the application of pre-emergent chemicals. Landscape maintenance easements shall be granted for all landscaped areas occurring on private individual homeowner lots, which are to be maintained by an assessment or landscaping special district. 39. Landscaping. Developer shall submit a Landscaping Concept Plan showing all public landscaping for the Southtown Development. The concept plan will include parkway and median landscaping, greenbelts and trails, parks and any other landscaping to be publicly maintained. In conformance with the approved Landscape Concept Plan, final landscape plans for Phase 1A shall be submitted for each subdivision, and shall show the locations of all pedestrian lighting, plants, above-ground utilities, trees, bushes, and shrubs and shall show that the cone of vision at all curb returns has a clear line of site over the landscaping. The developer shall add a note to the plans addressing the locations of proposed trees within public service easements, such that they will avoid conflict with utilities to the satisfaction of the Director of Public Works. Except for trees, Page 45 of 48

46 landscaping shall not be higher than 30 inches above the curbs in such public service easements. 40. Lighting and Landscaping Maintenance District. The Developer shall establish a Lighting and Landscaping Maintenance District for payment of street lights in City right of way and the maintenance of landscaping in public landscaping areas and open spaces shown on the approved Tentative Map prior to the occupancy of any residential house. The Developer shall pay all the costs for formation of the District, which can include the maintenance of the streetlights on the private streets, and shall be subject to City review. This district shall be formed prior to recordation of any Southtown final map. (Development Agreement Section 4.D) 41. Dissemination of Information on Landscape and Lighting District. The Developer waives any right to protest the inclusion of the property or any portion of it in the formation of a Community Facilities District (CFD) or Landscape and Lighting Maintenance Assessment District (LLD) or similar assessment district. The Developer shall prepare a plan for dissemination of information relating to the possible formation of a CFD or LLD to prospective homebuyers. Said information shall be included in model homes sales literature and as part of required Department of Real Estate disclosure documents. The Director of Community Development and City Attorney shall approve the plan for dissemination of information prior to final formation of the Districts. 42. Existing Maintenance Districts. In accordance with Development Agreement Section 4.B, the Developer shall annex into the existing Cambridge, Cannon Station and Meadow Lands park maintenance districts for the maintenance of neighborhood City parks. 43. Project Fencing. The Developer shall prepare a Project Fencing Plan for the project showing the locations of all fences and walls, and the type of fence construction. The Project Fencing Plan shall be a part of the landscaping improvement plans, and shall be subject to the approval of the City Engineer and the Community Development Director. All fencing for each subdivision shall conform the approved Fencing Master Plan. ROADWAYS AND TRAFFIC IMPROVEMENTS 44. Construction Traffic and Phasing. Prior to receiving an encroachment permit, the Developer shall prepare a traffic-handling plan for construction within existing City right of way, showing that the street can remain open to traffic during construction. Traffichandling plans shall require review and approval by the City Engineer and the Director of Public Works. In the event that the Developer proposes to close a public street, the Developer shall prepare a separate application to the Public Works Department for review and approval separate from the encroachment permit process. 45. The Developer shall also prepare a construction phasing and construction traffic plan within the subdivision, providing separate access for residents and construction traffic. Such plan will be required prior to the first building permit. The Developer shall post signs, barricades and/or fencing in all areas under construction, directing local residents not to enter areas where homes are still being constructed, and ensuring that construction traffic does not travel in areas occupied by residents. Page 46 of 48

47 46. Signage and Striping Plans. The Developer shall prepare and submit a signing and striping plan using Caltrans striping and signage format for the widening of existing offsite streets and all interior streets in the project for review and approval by the Director of Public Works and City Engineer prior to construction of any streets. 47. Maximum Length of Cul-de-sac Street. In accordance with existing City of Vacaville standards, the maximum length of cul-de-sac streets within the project shall be 600 feet. 48. Interior Streets. The following interior streets shall be included in the improvement plans, dedications and construction for the Phase 1A subdivision(s): a. Eastbound A Street to southbound Leisure Town Road: Construct A Street with a single 100 foot long right turn lane with a 60 foot long bay taper. b. Eastbound A Street to northbound Leisure Town Road: Construct A Street with a single 150 foot left turn lane, including a minimum 200 foot long, 4 foot wide raised and landscaped median, beginning at Leisure Town Road. c. Construct the expanded corners on D Circle to meet City standards with the centerline angle at 85 to 110 starting at the beginning-of-compound-curve on the outside curb. d. The intersection of A Street and C Street shall be an all way stop with stop signs and striping. e. The intersection of A Court and B Court with C Street shall be two way stop, with stops signs and striping. a. The intersection of C Street and E Street shall be a three way stop, with stop signs and striping. b. Construct the portion of C Street lying between A Street and E Street, the portion of E Street between Leisure Town Road and C Street, and the entire portions of A Street and B Street to conform with the City s standard collector street, having a 40 face of curb to face of curb (60 right-of-way). c. Except as otherwise noted above, all interior streets shall as a minimum follow the latest City residential street standard, with a right-of-way of 50 feet. 49. Leisure Town Road. The Developer shall prepare plans for and shall construct Leisure Town Road as shown on the approved Tentative Map (or as modified by these Conditions) for review and approval by the City Engineer including, but not limited to, the following design criteria: a. Roadway design speed shall be 45 miles per hour, and deceleration lanes may use a design speed of 35 miles per hour. b. Within the limits Phase 1A parcel boundary, widen Leisure Town Road to a fourlane arterial conforming with the Jepson Parkway approved plan lines (metric units), with an approximate 12 foot and a 19.5 foot travel lane in each direction and a 15.7 foot median. A transition shall also be included south of the Phase 1A boundary, with the full width at the project boundary. c. Northbound Leisure Town Road to westbound A Street: Provide a single 150 foot long left turn lane with a 90 foot bay taper. d. Southbound Leisure Town Road to westbound A Street: Provide a 150 foot long right turn land 12 feet wide, with a 60 foot long bay taper. e. Southbound Leisure Town Road to eastbound future street for Moody Subdivision: Provide a single 12 wide left turn pocket 150 feet long with a 90 bay taper. Page 47 of 48

48 f. Provide landscaped greenbelt parkway along the west side of Leisure Town Road. The width varies from 42 feet to 55 feet, with meandering 10 foot wide walkway. 50. Traffic Signal on Leisure Town Road. The Developer of Phase 1A shall deposit $150,000 with the City for a portion of the cost of a traffic signal at the intersection of Leisure Town Road and A Street/ Moody Entrance, which will be installed when warranted. 51. Bridge Widening Required. The Developer of Phase 1A shall be required to design and construct the widening of Leisure Town Road bridge over New Alamo Creek sufficient for a full widening at the north end of the project to join the existing Leisure Town Road improvements constructed by the Alamo Place Subdivision. The design shall be to the satisfaction of the City Engineer and the Director of Public Works, and shall also require the approval of SCWA under an encroachment permit. 52. The bridge widening funding will come in part from the fees collected by the City from the Alamo Place Subdivision for this purpose ($500/unit), and from the Phase 1A Developer. Costs for the bridge construction will be eligible for inclusion in a planned benefit district for Southtown Development infrastructure. 53. Meandering Pathways. The meandering pathways and trails for bicycles and pedestrians within the Southtown Development shall be minimum 10 feet wide, and shall be concrete. 54. Apartment Site Access. The Developer shall submit a site plan for the apartment site showing the location of an access to Leisure Town Road and to C Street. Plans shall be subject to approval of the City Engineer before approval of the improvement plans. POLICE DEPARTMENT 55. Open Spaces and green belt areas shall be designed to allow for continued surveillance. Any berms shall be designed to allow for surveillance. Park/greenbelt areas shall be named and signage displayed. Maintenance of the park and open space areas shall be defined and proper contacts given to the Police Department. 56. Adequate lighting shall be provided throughout the subdivisions. Page 48 of 48

49 Tim m R d Unna med S tree t Gypsy L n Me ntor L n Vi ct or Ln Browns Sc hool Ln Sce ni c Fre em an L n r ll y Crock e Sta nd fi ll Ln S he Lil l ys Ln Ln li n Ln Cra ig L n Jos I8 0 Orc hard Tw i l ig ht St Fi es t a Way Fr i s bi e C i r Par k vi ew C t Byrnes Rd Mi l ls Ln Pk tio n ge Sta l la ay an W rt h m ll No Spi h anc R i on n Ct C t S ta t io ar on d e St l ver C a nn ar ksi M t V er n on C i r Si Ne lso n D r Rc ok C r eek C i r M t A d am s C ir Lei sure Town R d Ct sor nd Wi r at r D la nd ss Gra raft Rd Browns Valley Rd r r n Wi l low R d D e ng Un n a med S tree t Popl ar R d ere y o nt M tre et S ed m na Un Lewi s R d s nd Po er os ad Stonegat e r Fal le n Le af Me ridi an R d k St Ca lif or ni a Pa St St Vaca Station Rd Fry Rd Ra mp Ha rv est Unna med S tree t Snow Egret Wa kefie ld Park Ln St St rrow Sage Sparrow C ir Ho l d en er Rd ds B Leisure Town Rd Ro b in Sout h A St Spa Purpl e Sa ge Purpl e M a rti n Unna med S tree t Un n a med S tree t Iron Vi a Del So l 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un es t Ga b le Av Eld e r St Pleasants Valley Rd Pk Ki l ke n ny Rd in Qu d M i ra Vi ne St Jun i p er St Bu ck e ye St Sunny Hi ll s L n Al t a n Gibso ta il Park rid g e cr oo Nort h Park W Ev erg re en De o d ara St Whe dbe e C a Or Vi ne Pl Val enc ia Ln Qui et wood Foothil l y ko ff W e Ra mble ton Cre stv i ew Pin r rs Gr Arl en e mo D Ho Co Sha d y Gle n Av as De n n is Ri d ge wo od Sa lin mon Ma rb el la Ln Fruitvale Av Ala Pi on eer C t Va l le y Go n z al es y Ln N a Ell sworth R d Rogers Ln S tree t om St Va l le sc Sha nno ew Buckt own Ln Hi l lsvi Wre ntham Ln en N Vi ne ll re Unna med Farrell Rd le r R d Hi dd Da l e C t r Ro Tr l F ar He spel Lan i C t D Rd Me nde s L n Rd Ak e rly a ry Ca nyon st y on Vac Ct er Ca li giuri Du ny P Ce ssna tre et Vac a Val l ey R d Ca hc S Ln We the rs fi el d t es e sc e nt ec ed pp Ti st ic Co rte Vis ta Ln Ga Ct n Ct M or n in g Su Ov er l and M ay beck Ct M am m o t h C t Pipe r y Wo l f N o rth Vi Gre Ln ur s t J os i ah C t De l 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ll Ln Wi se Acre s Ln La Ven Rd Me ridi an R d N S tre et Indepe nde nc e Ln t tree Sufi L n Browns Va ll ey Rd na med Lem en L n Un ds me She lt on Ln na Oda y Lau ras Ln Gi bson n Un M idw ay R d Equus Ln Fra nco L n June bug L n Pine Haven Ln Stocki ng Ln el C anyo n Rd e hm We ll s L n Ra mp Br Sum merwood Ln Ca nt el o w R d Project Site City Limits Sti ll sp rin g CITY OF VACAVILLE Southtown 1A GPA and Zone Change FILE NO DATE PLOTTED: 02/12/2014

50 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING A GENERAL PLAN LAND USE ELEMENT TEXT AMENDMENT AND A GENERAL PLAN MAP DESIGNATION AMENDMENT FOR THE SOUTHTOWN PROJECT PHASE 1A WHEREAS, the City of Vacaville has received an application to amend the General Plan Land Use Element to change the planned land use for an 33-acre site from Residential Low Density to Residential Low-Medium Destiny located east of Leisure Town Road and south of Alamo Creek Channel; and WHEREAS, the Planning Commission of the City of Vacaville has conducted a public hearing on February 18, 2014, regarding the proposed reaffirmation of the 2004 Southtown Project Environmental Impact Report, general plan amendment, change of zoning map, and planned development, and voted (0-0) to recommend that the City Council approve said actions; and WHEREAS, the City Council has heard testimony from staff and other interested parties at the public hearing on, 2014, and on the basis of the factual information, as contained in the written record and the testimony given at the public hearing, the City Council finds that with respect to the General Plan map amendment (Exhibit A): A. That the proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan; The Southtown 1A General Plan Amendment allows for a zone change to a lower density; Residential Low-Medium 4.5 (RLM-4.5); for the purpose of utilizing different development standards; specifically smaller setbacks; for the housing development. Table 11.1 finds that RLM-4.5 is not consistent with a Land Use Designation of Residential Low because the zoning is not for the purpose of meeting the Housing Mix Goals. Therefore, a General Plan Amendment is necessary; making this project consistent with the General Plan goals, objectives, and policies. B. That the proposed amendment would not be detrimental to the public health, safety, or welfare of the community; The proposed amendment will not have a direct or indirect detrimental impact to the public health, safety, or welfare of the community. C. That the proposed amendment would maintain the appropriate balance of land uses within the City; The proposed amendment is intended to allow for the utilization of different development standards and will not alter the balance of land uses within the overall Southtown development or the City as the project does not include changing approved tentative map; therefore does not change the number of approved lots or lot sizes.

51 D. That the proposed amendment is consistent with the provisions of Division 1 of Title 7 of the California Government Code pertaining to the amendment, update, or adoption of General Plans; The proposed amendment is consistent with the provisions of Division 1 of Title 7 of the California Government Code pertaining to the amendment, update, or adoption of General Plans. E. In the case of an amendment affecting the General Plan Diagram, which designates land uses, the proposed use of the subject site is compatible with adjoining land uses. (Ord. 1552, 6,1996) The proposed amendment is consistent with adjacent and surrounding land use designations as identified on the General Plan Land Use Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville hereby Section 1. Approves the General Plan Land Use Element Text Amendment and General Plan Map Designation for the Southtown Subdivision Phase 1A, as shown on attached Exhibit A. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the th day of, 2014, by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk Attachment: Exhibit A General Plan Land Use Element Text Amendment and General Plan Map Amendment

52 EXHIBIT C AMENDMENTS TO TEXT OF THE GENERAL PLAN Additions indicated in underline, deletion indicated in strikethrough Chapter 2 Land Use Element 2.3 Special Area Policies Implementing Policy 2.3-I 13 Require that the South Vanden Area, including the Southtown and Moody Project Areas, facilitate the development of a range of housing densities and opportunities, pedestrian and bicycle friendly design, neighborhood commercial sites, and recreational and neighborhood facilities, by including the following requirements: A network of landscaped pedestrian/bike corridors that connect key elements of the area, such as the regional park and arterial streets. New development adjacent to existing homes within the City limits shall match or exceed the size, character, and quality of adjacent homes and lots. All new residential development shall conform with the Residential Design Requirements for New Single Family Development. The Southtown project area will include a range of housing types and densities, attached, detached, and cluster housing. Land shall be reserved for community uses such as private schools, membership organization, day care centers, and senior centers. A financing mechanism for all public facility improvements shall be established before development occurs. Nut Tree Road and Vanden Road shall be widened to the City standard width through the project sites for all projects that front on these streets. Leisure Town Road shall be widened and improved to the standards for the Jepson Parkway along the frontage of all projects that abut to Leisure Town Road. Foxboro Parkway shall be extended between Nut Tree Road and Vanden Road. The extension will be completed prior to the reconstruction and reconfiguration of Vanden Road. A one-acre site for a future fire station site shall be reserved within the Southtown Project Area.

53 A site within the Vanden Road loop shall be reserved for a park. A multi-family project on Leisure Town Road shall begin construction in the first phase of development within the Southtown Project area. 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. 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. Commercial buildings shall be no more than an average of 30 feet in height, and be designed to front on the sidewalk, with parking at the rear of the property, when feasible, so as to enhance neighborhood aesthetics and to encourage pedestrian friendly design. Infrastructure master plans for sewer, water, storm drain, and traffic improvements shall be prepared prior to or in conjunction with the processing of subdivision maps for all development within the South Vanden areas, including the Southtown and Moody Project Areas. Prior to the approval of any subdivision applications, the developers shall assure that all required domestic water supply and distribution systems, wastewater collection and treatment facilities, storm water management facilities, and roadway segment and intersection improvements will be incorporated into the final project plans. The lands to the south of the Southtown and Moody Project Areas will be subject to subsequent General Plan Amendments; Prezonings, and other prerequisites to annexation.

54 Somerville Existing General Plan Cambridge Wakefield Providence Pl Vanden Rd Snow Egret Purple Sage Purple Martin Unnamed Street Via Del Sol Wimbeldon Newcastle Lancaster St Proposed General Plan SOUTHTOWN 1A CITY OF VACAVILLE J GPA and Zone Change FILE NO DATE PLOTTED: 02/12/2014