EXHIBIT H DRAFT ASHTON

Transcription

1 EXHIBIT H DRAFT ASHTON 3 North of Magnolia Park bordered by Cogburn Circle, Vega Way, and Vanden Road General Plan Map and Text Amendments, Zone Change, Tentative Map, Conditional Use Permit, and Planned Development with Design Review Conditions of Approval File No I. Standard Conditions of Approval: The Applicant and Developer (DR Horton) shall comply with the applicable Standard Conditions of Approval. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Project-Specific Conditions: The Applicant and Developer (DR Horton) shall comply with the following Project-Specific Conditions BASED ON SITE PLAN DATED AND SUBMITTED AUGUST 15, 2016: PLANNING 1. The project approves the construction of a 15-unit single family residential subdivision in the Southtown Phase 2 area south of Magnolia Park bordered by Cogburn Way, Cogburn Circle, and Potters Lane as follows: a. Mitigated Negative Declaration; b. General Plan Map Amendment to change the Land Use Designation from Neighborhood Commercial to Residential Medium Density (Attachment 1); c. General Plan Text Amendment to change the text of General Plan Policy LU-23.1 (Attachment 1); d. Zone Change Residential High Density (RH) to Residential Medium Density (RM) (Attachment 2); e. Tentative Map subdividing 1.76 acres into 16 parcels (Attachment 3); and f. Conditional Use Permit with Planned Development, Development Plan, and Design Review (Attachment 4). This approval shall expire on January 10, 2019, unless Building Permits are issued and construction commenced and diligently pursued prior to the expiration date, or an application for a time extension is filed prior to the expiration date. 2. Plans submitted for Building Permits shall be in substantial compliance with plans approved by City of Vacaville City Council action on December 13, 2016, except as modified by these conditions of approval. Any modifications to the approved development plan, landscape plans, project description and house plans, except as modified by these conditions of approval, shall be subject to review and approval by the Director of Community Development and may require a separate Planning entitlement review process. 3. The Standard Conditions of Approval and the Project Specific Conditions set forth herein shall run with the land and shall apply to the Project Applicant and to all future owners of the property. (Cohn v. County Board of Supervisors (1955) 135 Cal. App. 2d 180, 184)

2 4. Project shall comply with all mitigation measures of the Ashton Place Unit 3 Mitigated Negative Declaration Mitigation Monitoring Program, as they are stated. 5. Prior to approval of Improvement Plans, developers shall work with the Community Development Department to create a construction phasing plan, fencing plan, list of contacts, and noticing plan to provide the existing residents on Potters Lane and Potters Court with progressive information during the construction of the project. 6. Private Recreation Space In-lieu fee shall be paid to the City of Vacaville at the time of recordation of final map. The fee shall be added to the account for Magnolia Park development to be used for additional enhancements within the park. The fee total shall be $24, A sign shall be placed at the entry of the pathway on Cogburn Circle leading to front doors of the interior lots that identifies the addresses of the homes. The sign shall be of permanent durable materials and is to be legible from the street. 8. Construction of the site shall be the same as the approved development plan. Structures shall not be less than 5.5 ft. from any sidewalk or drive-path. Side yards shall be 10 ft. and 5 ft., with 15 ft. between structures. 9. The rear (drive isle side) elevations of all houses shall include motion sensitive decorative lighting. Designs may vary from house to house, but shall be compatible with the associated architecture elevation and with each other. The same design shall be used on the front elevation, but not necessarily be motion sensing. 10. The same house plan architectural elevations shall not be placed on adjoining lots or adjacent lots facing the same street. 11. All homes shall be constructed to be solar ready and all garages shall be constructed with electric vehicle charging sockets. 12. Any modifications to the exterior of the house plans that changes the square footage and any modification to the interior of the house plans that would increase the number of bedrooms shall require Planning Commission approval. 13. Plot Plans submitted for Building Permits shall include the following information for future property owners: a. House plan square footage, broken down to first floor living space, second floor living space, and garage. b. Note 1: No accessory structures such as porches, sheds, or gazebos shall be permitted, unless specifically approved by a Variance. c. Note 2: Accessory structures are prohibited within the 5 foot side yard setbacks. 14. Plans submitted for Building Permits shall identify all building elevations, which shall include raised or enhanced trim around all doors, windows, and vents on all elevations to the satisfaction of the Director of Community Development. 15. The concrete paths that lead to the front doors on Vanden Road and Vega Way shall extend to the curb.

3 16. All common areas shall be landscaped by the developer prior to final inspection of the last built house for each neighborhood. Dense landscaping shall be provided for all common areas that will create shade for the walking paths and homes wherever possible without creating visibility issues or incompatibilities with concrete, and shall be installed in accordance with the Water Efficient Landscape Requirements. 17. The final Landscape plans shall match the Preliminary Landscape plans dated October 19, Plans submitted for Building Permits shall include a final Landscape and Irrigation Plans, subject to review and approval by the Director of Community Development. The plans shall comply with the following conditions: a. Unless in direct conflict with pavement, the existing street trees on Cogburn Circle, Vanden Road, and Vega Way shall remain. Any tree removed or damaged during construction shall be replaced in close proximity to the existing tree. b. Ashton 3 shall plant new trees as follows: 3 new trees along the northern wall adjacent to the existing homes 8 new trees along the shared pathway between the internal lots c. Exact location of new site trees will be determined during the review of the final landscape plans. The trees shall be minimum 15-gallon, 1½ in. trunk caliper measured 4 ft. above finished grade. On an ongoing basis, should a tree fail a new one shall be planted consisted with these project specific conditions. d. Site trees and plants shall be of a variety that ensures adequate shading of adjoining sidewalks or curbs, subject to the approval of the Community Development Director. e. Trees shall not be planted directly on top of any water or sewer lines. Dimensions shall be included on the plans to confirm that front yard trees are planted a minimum distance of 6 ft. from concrete, house foundations, water lines, and sewer lines. Trees planted in closer proximity shall include linear root barrier panels to protect the utility lines from root encroachment. f. All landscape areas shall contain appropriate soil amendments to ensure sustained growth of trees and shrubs. g. The Applicant and Development shall provide landscaping in accordance with the City's Water Efficient Landscaping Regulations and the Water Conservation Ordinance. Use of drought tolerant, native species shall be used as specified by this ordinance. h. All landscaped areas shall be served by a low volume automatic irrigation system. i. Turf shall not be installed. Instead, landscaping shall be a combination of shrubs, ground cover, and paving stones. j. Identify a travelable path from the storage location of Recology toters to the public streets. The paths may not be concrete or other solid impermeable surface, gravel,

4 bark, or other surface not conducive to rolling toters. The paths may be individual pavers or decorative bricks, or compacted crushed granite. 19. Sales offices, signs, and temporary improvements associated with the model complexes shall be removed prior to occupancy of the last dwelling unit constructed in the subdivision. Sales offices located in an approved garage space shall be converted back into garage area. 20. No less than one (1) off-street parking space shall be provided for each model home complex. Parking spaces shall be located within 600 ft. of the model complexes. All parking spaces for the model home complexes shall comply with Chapter (Supplemental Standards, Off-Street Parking and Loading) of the Land Use and Development Code. The developer shall provide a minimum of three (3) off-street parking spaces including one (1) accessible space. 21. The Homeowners Association shall be established, and the CC&Rs shall be filed with the County Recorder, prior to the issuance of the first residential building permit. 22. The applicant/developer shall hire a property management company to enforce the CC&Rs for the development. The property manager shall be chosen prior to receiving the first certificate of occupancy for the subdivision. The City will not be a party to the CC&Rs. 23. Codes, Covenants and Restrictions (CC&Rs) and the Home Owner s Association (HOA) for the development shall be subject to the review and approval of the Community Development Director, Public Works Director and the City Attorney with the Final Map submittal. A copy of the CC&Rs and HOA shall be submitted to the Planning Division prior to the recordation of the final map. The CC&Rs and HOA shall address the following: a. After the initial construction phase and when the developer turns over responsibilities to the Home Owners Association, officers of the Home Owners Association must reside within the subdivision. Home owners shall be provided a contact person within the subdivision who can address CC&R violations. b. Garages shall not be used as exclusive household storage areas and garage conversions to additional living space or anything other than vehicle storage shall not be permitted. c. Recreational vehicles, boats and similar vehicles shall not be stored within the subdivision except within a garage. d. The storing of disabled vehicles or recreational vehicles within the parking areas, driveways, or within public view for longer than 72 hours is prohibited. e. Storage of trash containers shall be out of view except on trash collection days. f. Place all Recology toters at the curb on the nearest public street on your collection day by 6:00 AM with the handles toward the curb, the lid completely closed and at least 5 feet of space between the toters, parked cars or any other objects. Collection service may not occur if the toters are too close to vehicles or other objects that may be damaged.

5 g. Accessory buildings, patio covers, and pools shall not be permitted within the required side yards. h. The Home Owner s Association shall be solely responsible for the maintenance of all private utilities, private streets, common areas, the private street drainage pipe system, or any other non- public facilities. The HOA shall be the primary manager and shall be the administrator for the collection and assessment of maintenance fees for private facilities from the individual residents and property owners. i. Parking on the private drive aisles shall be prohibited, unless in designated parking spaces, for the purposes of emergency services access. HOA and CC&Rs shall be responsible for maintaining proper signage and for enforcing it. 24. All homeowners within the subdivision will be notified through the CC&R s and shall execute separate signed disclosure statements describing the existence of maintenance easements that affect their specific lots and all lots within the subdivision. In addition, the Developer shall provide a separate disclosure notice that informs the buyer that the Home Owners Association created by the developer will be responsible for any dispute resolution regarding the CC&Rs between neighbors, not the City. 25. Hours of noise producing construction shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday. Construction activities shall conform to the following standards: a. There shall be no start-up of machines or equipment, no delivery of materials or equipment, no cleaning of machines or equipment and no servicing of equipment except during the permitted hours of construction; b. Radios played at high volume, loud talking and other forms of communication constituting a nuisance shall not be permitted; and c. There shall be no construction on Sundays or legal holidays. Exceptions to these time restrictions may be granted by the Director of Community Development for one of the following reasons: (1) inclement weather affecting work; (2) emergency work; or (3) other work, if work and equipment will not create noise that may be unreasonably offensive to neighbors so as to constitute a nuisance. The Director of Community Development must be notified and must approve the work in advance. 26. 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. 27. The Applicant and Developer 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

6 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. 28. The Applicant and 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 shall comply with the requirements of Vacaville Municipal Code Section BUILDING 29. The solar zone of each house shall have a total area that is no less than 250 square feet (25 square meters).no dimension of a sub-area can be less than five feet. If the total roof area is equal to or less than 10,000 square feet (1,000 square meters), each sub-area must be at least 80 square feet (8 square meters). 30. Single family residential buildings, all sections of the solar zone on steep-sloped roofs (ratio of rise to run of greater than 2:12) shall be oriented between 110 degrees and 270 degrees of true north. This means that a minimum of 250 square feet must be oriented in this manner. 31. The solar zone shall be free from roof penetrations and shall not have any obstructions such as vents, chimneys, architectural features, or roof mounted equipment located in the solar zone. DEVELOPMENT ENGINEERING 32. Encroachment Permit The Applicant shall obtain an encroachment permit for any work in the public right of way, and shall pay all City fees and post the necessary bonds for obtaining such permit. Two full size (22 x 34 ) copies of the improvement plans shall be submitted to the City Engineer for review and approval prior to execution of an encroachment permit. 33. Traffic Control Plan - This Project will require submission of traffic control plan for City review and approval. A minimum of 5 days prior to initiating work, the traffic control plan shall be submitted to Traffic Engineering along with the established fee of $46.00 for review and approval of traffic control plan. 34. Deviations from City Standards - If a deviation to standards is proposed, the deviation shall be called out, numbered on the map and a justification for each deviation shall be provided. All future deviations will be taken to City Council as part of the project approval process. The developer s justification will be part of the project staff report. Any deviation, acceptable to Public Works, will have to ultimately be approved by City Council. If not approved by City Council, the project may have to be redesigned and go through the approval process again.

7 35. Home Owners Association (HOA) Property Applicant shall provide a Private Access Easement and Private Drainage Easement over the interior HOA owned property for the benefit of all the lots. 36. Abandon Public Right of Way. The Applicant shall submit a request of abandonment of right of way from the City for the areas shown on the Tentative Map. The Applicant shall provide a Public Access Easement and Public Utility Easement over these same areas. The abandonment process shall occur prior to the issuance of the encroachment permit. The City will not abandon the public rights of way shown on the tentative map until the utilities and City irrigation within those areas have been relocated. 37. Abandon of Public Utility Easement. - The Applicant shall request approval of the abandonment of the Public Utility Easement from the various utility companies (PG&E, AT&T and Comcast) prior to submitting an application of abandonment with the City of Vacaville. If the utility companies require any relocation as part of the abonnement, the Applicant shall relocate all necessary facilities at their own cost prior to the abandonment of the easement. If any utility company objects to the abandonment, the Applicant shall revise their tentative map and house plans to accommodate the existing facilities. 38. Existing Sidewalk - Existing sidewalks shall be reconfigured at the driveway locations so that the sidewalks are in line with the proposed sidewalk at the back of driveways. Construction standards for the sidewalk in the drive aisle location shall match the construction standards for a City standard driveway. 39. Existing Utilities and Facilities The Applicant shall relocate any existing utility or facility in conflict with the proposed improvements to the satisfaction of the City Engineer. 40. Domestic Water The proposed 8 waterline on site is not required. The Applicant shall install a bank of meters in the public utility easement to serve the homes. A new lateral shall be installed to supply water for Lots 8 through Domestic Water for Fire The proposed 6 waterline for fire use shall connect to the City water main with a single detector check valve. These devices are privately maintained. 42. Private Sanitary Sewer The Applicant shall label the two proposed 8 sewer lines as private on the subdivision improvement plans. Sanitary sewer cleanouts with traffic rated lids shall be installed behind the right of way line and inside the public utility easement. Connection to the City s sanitary sewer main shall be made by a manhole. 43. Sewer Cleanout Lot 1 The Applicant shall utilize the existing 6 sanitary sewer stub-out for the house on Lot Private Storm Drain The Applicant shall label the proposed storm drain lines that connect to City facilities as private on the subdivision improvement plans. 45. Existing Utility Stub Outs The Applicant shall utilize existing sewer and water services stubbed to the sites. If a service is not used, it shall be abandoned at the utility main. FIRE

8 The Fire Department s review is to ensure compliance with the minimum code requirements related to fire and life safety as set forth in the California Fire Code and the State Fire Marshal s Regulations. The review is not to be construed as encompassing the structural integrity of the facility or abrogating more restrictive requirements by other agencies having responsibility. Final acceptance is subject to field inspection and necessary tests. The conditions below shall be subject to the current codes and regulations when plans are submitted to the Building Department. If you have any questions regarding these conditions, please contact Jill Childers at (707) Approved address numbers shall be provided each home. Such numbers shall contrast with their background and be readily visible from the street. CFC , NFPA 1, and Vacaville Fire Dept. Policy. 47. All work shall be in conformance with California Fire Code Chapter 33, Fire Safety During Construction and Demolition and NFPA 241 Safeguarding Construction, Alteration, and Demolition Operations. 48. Driveways and fire apparatus access roads shall be at least 20 feet wide and able to hold 80,000 pounds. 49. Fire sprinklers shall be required per the most current edition of NFPA, CRC and CFC. This is a deferred submittal to the Vacaville Fire Department. Please read below under permits for the process. 50. Fire hydrants shall be located no more than 300 feet (122 m) from a fire hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and water mains shall be provided at a location(s) required by the Fire Code Official. The applicant shall also verify fire hydrant location(s) with the Vacaville Fire Department. This set of plans date August 2016 needs an additional fire hydrant on the right hand side of this project. One is provided on the other side in the parking area. The fire hydrant in the parking area shall be placed to not be obstructed by a vehicle using the parking stall next to the fire hydrant. 51. An approved on-site water supply capable of supplying the required fire flow for on-site fire protections shall be provided to all premises upon which buildings are constructed. When any portion of the building is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the building, on-site fire hydrants and mains capable of supplying the fire required fire flow shall be provided when required by the Fire Marshal. 52. No Parking- Fire Lane signage will be required in drive aisles and in the hammerhead/turnaround areas. This is also required where both fire hydrants will be located. locations of these fire lanes shall be determined at the discretion of the Fire Marshal. Developer must provide and HOA shall maintain appropriate signage where parking is prohibited. 53. Fire flow shall meet the requirements of the CFC for the building type and size. 54. In the documents that need to be signed by the homeowners, provide language that the homeowners are aware that their home is located across the street from a fire station and that loud noises and lights may be used during all hours of the day and evening.

9 55. An approved water supply and emergency vehicle access shall be completed prior to any combustible materials being allowed on the project site. Please contact Jill Childers at (707) for a clearance letter prior to receiving any combustible materials at this site. 56. Access roads with a minimum unobstructed width of 20 feet shall be provided to the front and rear of structures. A minimum vertical clearance of 13 feet 6 inches shall be provided. 57. Standards for weed abatement shall be met before and during construction of this project. 58. In areas where the building height exceeds 30 feet, a minimum of a 26 feet width is required. Access roads shall be engineered to support the imposed load of the apparatus which is typically 25 tons and shall be designed per the City Public Works Department Standards. An access road shall be provided to within 150 feet of all exterior walls of the first floor of the buildings. The route of the access road shall be approved by the Fire Marshal. Dead-end access roads in excess of 150 feet in length shall be provided with an approved means for turning around the apparatus. The final design of the turnaround shall be reviewed and approved by the Fire Marshal prior to installation. 59. Unless otherwise approved by the Fire Marshal, all private driveways shall meet the following criteria: a. Average grades shall not be more than 12.5% with no section greater than 14%. b. Sections of private driveways less than 100 feet in length may have grades of 15% if specifically approved by the Fire Marshal on a case-by-case basis. c. Private driveways greater than 100 feet in length shall have a minimum clear width of 20 feet. d. Private driveways less than 100 in length shall have a minimum width of 15 feet. e. Private driveways greater than 100 feet in length shall have a turn-around or turnout approved by the Fire Marshal every 100 feet and at the structure. Note: Plan Checks for Fire Department permits are a minimum four weeks out. 60. The applicant shall submit three (3) complete sets of automatic fire sprinkler system plans, hydraulic calculations, and specifications to the Fire Department, conforming to NFPA 13D, for review and approval prior to installation. 61. At no time shall any work regulated by the Fire Code or State Fire Marshal Amendments to CCR Title 24 shall be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 62. At no time shall the installation of any fire service main, fire hydrant, indicating control valve or fire department connection be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 63. At no time shall the installation of any fire sprinkler pipe be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department.

10 64. At no time shall the installation of any fire alarm devices or material be allowed until adequate plans, specifications, and appropriate plan review fees are submitted and approved by the Fire Department. 65. The applicant shall contact the Fire Department at (707) (minimum two working days notice required) for required inspections. Final inspection will need to be scheduled with your Building Inspector.