CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT March 29, 2011 Staff Contact: Ward Stewart or Peyman Behvand (707)

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.1 STAFF REPORT March 29, 2011 Staff Contact: Ward Stewart or Peyman Behvand (707) TITLE: REQUEST: A1 TIRES AND WHEELS CONDITIONAL USE PERMIT AND VARIANCE REQUESTS TO ESTABLISH A VEHICLE REPAIR AND MAINTENANCE BUSINESS WITHIN THE EXISTING BUILDING LOCATED AT 106 BROWN STREET. RECOMMENDED ACTION: APPROVE THE CONDITIONAL USE PERMIT AND VARIANCE REQUESTS, SUBJECT TO THE CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: FILE NO: File No APPLICANT Sarfraz Ahmed PROPERTY OWNER Jawad Ahmad Categorical Exemption, Conditional Use Permit and Variance PROPERTY INFORMATION LOCATION: SITE AREA: ZONING DISTRICT: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 106 Brown Street 7,800 square feet CG (General Commercial) General Commercial Vacant Building North: CG Vacant site South: CG Vacant site (Future site of William J. Carroll Government Center) East: CG Vacant site (Future site of William J. Carroll Government Center) West: CG Aguililla Meat Market PROJECT SUMMARY PROJECT AREA: 0.18 acres (7,800 square feet) BUILDING FLOOR AREA: Approximately 3,000 square feet FLOOR AREA RATIO (FAR): Allowed:.30 Existing:.38 PARKING: Required: 7 spaces Proposed: 7 spaces EXTERIOR BUILDING MATERIALS: Hardboard siding, cement plaster, metal roof ACCESS: Driveway on Brown Street FRONT YARD SETBACK: Required: 20 feet Proposed: 12 feet LANDSCAPE SETBACK: Required: 5 feet Proposed: 0 UTILITIES: City utilities serve the site ACCESS: Via driveway on Brown Street

2 PROJECT DESCRIPTION The project proposal is to establish a vehicle repair and maintenance business within an existing building at 106 Brown Street. The applicant is requesting approval of a Conditional Use Permit, because the project site is located within a zoning district CG (General Commercial), which identifies vehicle repair and maintenance operations as a conditionally permitted use. However, the project site currently does not meet certain required development standards, and therefore the applicant is also requesting a Variance approval for exceptions to the Land Use and Development Code to address the Code s development standards, including but not limited to building and landscape setbacks, Floor Area Ratio (FAR), and vehicle back-out standards. In addition, the applicant is requesting an exception to Special Standards Overlay #4 which requires coordinated access between all properties within the overlay area. The exception would allow the applicant to operate without providing access to adjoining properties. The approximately 7,800 sq. ft. project site includes an existing 3,000 sq. ft. building consisting of 300 sq. ft. of retail space, 100 sq. ft. of office space, and three service bays. The service portion of the business will include wheel and tire installation, tire balancing, rotation, flat repair, alignment, and brake services. The retail portion of the business will include the sale of new and used wheels and tires. Two of the three service bays will be used for vehicle repair, and the remaining service bay adjacent to the office and retail space will be used as a stockroom. The proposed hours of operation will be 8:00 am to 6:00 pm, Monday through Saturday. The existing building materials include hardboard and cement plaster siding, and a metal roof. PREVIOUS ACTIONS 1961 through 2010 A variety of service, retail and office uses occupied the site and building at 106 Brown Street. PROJECT ANALYSIS COMPLIANCE WITH CITY ORDINANCES AND ISSUES 1. Conditional Use Permit Section (Conditional Use Permit, Purpose) of the City of Vacaville Land Use and Development Code states: The conditional use permit process enables the decisionmaker to determine whether the use is appropriate for its proposed location, to review its design and site layout to minimize or eliminate impacts, and to impose conditions of approval to ensure the use will be compatible with the surrounding area and with adjacent uses. In this case, a Conditional Use Permit is required because the General Commercial (CG) zoning district identifies vehicle and repair maintenance uses as conditionally permitted, therefore, a Conditional Use Permit is required to consider the proposed vehicle repair and maintenance business. Building Design The existing building and site has been occupied by various types of uses over the last 50 years, and over the years some additions have been made to the building. The existing exterior materials include a mix of materials including cement plaster, an unpainted metal 2

3 roof and roll-up doors. Condition of approval No. 4 requires the applicant to paint the unfinished portions of the building to match the existing brown colors of the building. Site Plan The site plan includes a building and an unevenly paved parking area with no on-site landscaping. The site also includes 45 degree parking stalls, which force patrons to back out onto brown Street or make multiple on-site turns to avoid backing out into Browns Street. Staff is recommending conditions of approval to address the aesthetics of the site. Condition of approval No. 5 requires the applicant to re-stripe the parking area with seven 90 degree parking spaces, this would allow the vehicles to exit the site in a safe manner. Condition of approval No. 8 requires installation of on-site planters to provide on-site landscape elements, in lieu of providing irrigated landscape area, which would require cutting into the pavement. 2. Variance Section (Variances, Purpose) of the Code states a variance is a reduction of certain standards which, because of the size or the nature of the reduction, does not qualify for an administrative clearance and the whole of the original project does not fall within the scope of a planned development approval. Variances may be granted subject to certain findings being made that unusual circumstances or conditions exist, which preclude development of a site within the provisions of the Land Use and Development Code. In order to meet the findings for a Conditional Use Permit, a Variance must be approved to grant exceptions for the project, and to ensure that it complies with the goals, policies and objectives of the Code. Specifically, a Variance is applicable in this case to address exceptions to: (1) building setbacks; (2) landscape setbacks; (3) vehicle back-out dimensions; (4) floor area ratio; and (5) Special Standards Overlay. Table 1 below identifies the required and proposed development standards. Table 1, Required & Proposed Development Standards Building Setback (feet) Landscaping along North and West Property Lines (feet) Vehicle Back-out (feet) Floor Area Ratio REQUIRED and PROPOSED Source: City of Vacaville Land Use & Development Code, Field Survey Special Standards Overlay Connection to adjoining parcels No connections Building Setback The Land Use and Development Code requires a minimum 20 feet building setback adjoining a street, and the applicant is requesting to reduce this setback to 13.5 feet. 3

4 Landscape Setback The Code requires a minimum 10 feet of landscaping adjoining a street, and a minimum 5 feet along the north property (adjoining parking lot). This site as currently developed is completely paved over with no existing landscaping. The applicant is requesting an exception to be allowed to provide no landscaping in these locations. As previously mentioned, condition of approval No. 8 will require the applicant to place on-site landscape planters to provide some landscape elements with the site, in lieu of meeting the landscape setback. Vehicle Back-out The Code requires a minimum 25 feet of vehicle back-out within parking lots. As currently configured, the parking lot uses 45 degree parking spaces, which forces vehicles to back-out onto Brown Street, or multiple on-site turning movements to properly exist the site. The applicant is requesting to reduce this to 22 feet, to accommodate 90 degree parking stalls, which will allow safer vehicle exiting of the site. Floor Area Ratio The Floor Area Ratio (FAR) is the maximum building area allowed on a parcel. The maximum FAR for the General Commercial zoning district is.30. The FAR is calculated by dividing the gross floor area of a building or buildings on a site by the gross developable area of a site. In this case, the allowable FAR (.30) would be 2,340 sq. ft., the applicant is requesting to increase the FAR to.38, to reflect the existing 3,000 sq. ft. building. Special Standards Overlay No. 4 (SS4) Special Standards Overlay No. 4 was created to require coordinated access between all properties located at the northeast corner of the intersection of Brown Street and East Monte Vista Avenue. There are several parcels and the coordinated access between parcels is intended to allow for reciprocal access easements between parcels and to reduce the number driveways providing direct access from the public streets. In this case, providing coordinated access between the subject parcel and adjoining parcels would be both difficult and unnecessary. Solano County is planning to construct a social services facility on parcels adjoining the project site on the south and east, these plans do not include vehicular or pedestrian access to the project site. In addition, providing such access from the project site could not be completed without rendering the property useless, because of the relatively small size of the parcel ( sq. ft.). Therefore, the applicant is requesting that the project be granted an exemption from the SS4 coordinated access requirement. A. Variance Findings Section of the Land Use and Development Code states that the Planning Commission, when approving a variance, is required to make certain findings, these are: 4

5 1. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this division; The existing building was constructed approximately 50 years ago, and it most likely met all zoning development standards when it was constructed. The additions to the building were also completed prior to the enactment of this ordinance (December 11, 1997). The strict or literal interpretation and enforcement of the Code would require the demolition of part or all of the existing structure, and would require major rehabilitation work on the site itself, thus creating a physical hardship. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property which do not apply generally to other properties classified in the same zoning district; The project was developed prior to the enactment of the current Land Use and Development Code. Considering the age and layout of the existing structure, it would be difficult to decrease the size of the building to accommodate the required standards. In order to meet current standards and regulations, the existing building would need to be demolished and a new building would have to be built in its place. This would be a time consuming and costly process. 3. That the strict or literal interpretation and enforcement of the specified regulation would deprive the property owner of privileges enjoyed by the owners of other properties classified in the same zoning district; The project site and building do not meet the City s current development standards, resulting in a non-conforming structure that has been vacant. Detailed records are unavailable, but based on the age of the building, it most likely met development standards when it was constructed. However, the strict or literal interpretation and enforcement of the Code would deprive the owner of privileges enjoyed by the owners of other commercial properties, because without the approval of a Variance the property owner will be unable to make full use of the site as a commercial property. 4. That the granting of the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; All property owners within the City have a right to apply for a Variance or other entitlements that would grant exceptions to the Land Use and Development Code. And, the applicant is required to make certain improvements related to the building and site in consideration for the granting of the variance. The granting of the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 5

6 5. That the granting of the variance would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; The granting of the variance would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. As currently designed, some vehicles exiting the site would back out onto Brown Street, which is dangerous and unsafe. As conditioned, the project will resolve this issue by providing standard 90 degree parking spaces, which will not require backing out onto Brown Street. 6. That the granting of the variance would not be inconsistent with the purposes, objectives, and policies of the General Plan and the Zoning Ordinance; A Variance is available for uses that qualify for an exception under very specific eligibility standards. The issuance of a Variance will not interfere with the General Plan and Zoning Ordinance. The applicant is requesting to obtain a Conditional Use Permit, which would be consistent with the purposes, objectives, and policies of the General Plan and the Zoning Ordinance. 7. That the project requiring a variance has been designed to reasonably minimize any negative impacts on the site or adjacent properties. Project conditions of approval regarding parking layout will minimize negative impacts to City streets, specifically Brown Street. As designed and conditioned, the proposed project will be a positive impact on the City s inventory of commercial lands and uses. In addition to the required findings in Section A., a request for a reduction to the off-street parking and loading requirements of this division may be approved upon the adoption of the following additional findings: 1. That neither current nor anticipated future traffic volumes generated by the use of the site or use of other sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; Vehicle repair and maintenance uses typically do not generate a high volume of traffic. Staff is not anticipating any traffic generation-related impacts from the proposed project. 2. That the granting of the variance would not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets; With the design of the on-site 90 degree parking spaces, the applicant will meet the City s parking requirements for this particular use. The granting of the variance would not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. 6

7 3. That the granting of the variance would not create a safety hazard or any other condition inconsistent with the objectives of this division. As mentioned above, the inclusion of the on-site 90 degree parking spaces will meet the code s parking requirement. The granting of the variance would not create a safety hazard or any other condition inconsistent with the objectives of this division. LAND USE COMPATIBILITY 1. Adjoining Land Uses The project site is an existing commercial building located within a partially developed area of the City. The site has operated as various commercial uses since the early 1960 s. There are other vehicle repair and maintenance uses on adjacent East Monte Vista Avenue and Callen Street. The adjacent property located to the south and east of this site is a Solano County owned property, which is planned for social service facility as part of a government center building. Staff believes the proposed project would be compatible with existing surrounding uses, because there is a mix of adjacent commercial uses within the General Commercial zoning district. ENVIRONMENTAL REVIEW 1. Categorical Exemption Pursuant to Sections (Class 1, Existing Facilities) and (Class 5, Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA), this project is Categorically Exempt from the requirements of CEQA. Staff has analyzed the project and determined that no additional environmental review is required for this project because the use will operate in the same manner as previous businesses have, and the project involves no expansion of use beyond that which previously existed at the site. CONCLUSION The applicant is proposing to establish a business within an existing aging structure. As part of this proposal, the applicant is requesting exceptions to building, landscape, and parking setbacks, and the site Floor Area Ratio. As an existing non-conforming structure within the City, the requested exceptions would most likely not be supported for a new development project. However, in light of the location of the building and parking lot, current conditions of site amenities, and potential negative impacts to public safety, staff believes it is in the City s best interest to approve the project, including the requested exceptions, subject to the conditions of approval identified in Exhibit A. Staff is supportive of the applicant s Conditional Use Permit and Variance requests because: 1. The project specific conditions of approval related to landscaping and building design will enhance the appearance of a visible commercial location within the City; 2. The proposed reconfiguration of the off-street parking area will be favorable from a public safety standpoint, preventing vehicles backing out onto Brown Street. 7

8 3. The proposed project will be a benefit to the neighborhood because an aging commercial building site will be improved and the parcel will be maintained by the applicant; and 4. The proposed use will be consistent with uses which have occupied this site in the past, and will be consistent with the surrounding uses. RECOMMENDATION By simple motion, that the Planning Commission approve the Resolution of the Planning Commission of the City of Vacaville approving the A1 Tires and Wheels Conditional Use Permit and Variance. ATTACHMENTS: Exhibit A Conditions of Approval Exhibit B Location Map Exhibit C Site Plan Exhibit D Site Pictures Exhibit E Letter from Applicant 8

9 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE A1 TIRES AND WHEELS CONDITIONAL USE PERMIT AND VARIANCE WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on March 29, 2011 to consider Conditional Use Permit and Variance requests for the A1 Tires and Wheels, relating to the following described property: 106 Brown Street APN & 240 WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested persons regarding the proposed project; and WHEREAS, the Planning Commission has determined that the project is categorically exempt under Sections (Class 1, Existing Facilities) and (Class 5, Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines. WHEREAS, The Planning Commission has reviewed the request for the A1 Tires and Wheels Conditional Use Permit and finds: 1. That the proposed use and location is consistent with the goals, objectives, and policies of the General Plan and of the Development Code. The Land Use and Development Code requires a Conditional Use Permit for this use which the applicant is requesting in order to be in compliance with the General Plan and the Land Use and Development Code. The building is considered an existing non-conforming structure and requires approval of a Variance, however the proposed project and conditions of approval are designed to ensure compatibility with adjacent uses, and approval of this conditional use permit will allow for the reestablishment of a former use. 2. That the subject site is suitable for the type and intensity of use or development proposed, and the location, size, design, and operating characteristics of the proposed use are compatible with adjacent uses or with adjacent natural resources. As designed and conditioned, the project site is suitable for the type and intensity of use of the development. As proposed and conditioned staff is not anticipating any land use impacts to adjoining uses because the site has been used previously for this type of use. In addition, operating hours are reasonable and compatible with the surrounding uses. 9

10 3. That the proposed use and any exception or waiver to development or performance standards shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community. The project is conditioned to insure that the site will not operate in a manner detrimental to the public health, safety, or welfare of the community. 4. That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development. All City utilities and services are available to serve the site. 5. That projected traffic levels and levels of service are, or as a result of conditions of approval will be, consistent with the policies of the Transportation Element of the General Plan. The proposed project will not create any impacts to traffic levels or levels of service on the City s circulation system and is consistent with the policies of the Transportation Element of the General Plan. 6. That the potential impacts to the City s inventory of residential lands have been considered. The proposed project is a commercial use located within a General Commercial (CG) land use zoning district. The project will not result in intensification of the previous use at this location. There will be no impacts to the City s inventory of residential lands. WHEREAS, The Planning Commission has reviewed the request for the A1 Tires and Wheels Variance and finds: 1. That the strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this division; The existing building was constructed approximately 50 years ago, and it most likely met all zoning development standards when it was constructed. The additions to the building were also completed prior to the enactment of this ordinance (December 11, 1997). The strict or literal interpretation and enforcement of the Code would require the demolition of part or all of the existing structure, and would require major rehabilitation work on the site itself, thus creating a physical hardship. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property which do not apply generally to other properties classified in the same zoning district; The project was developed prior to the enactment of the current Land Use and Development Code. Considering the age and layout of the existing structure, it would be difficult to decrease the size of the building to accommodate the required standards. In order to meet current standards and regulations, the existing building 10

11 would need to be demolished and a new building would have to be built in its place. This would be a time consuming and costly process. 3. That the strict or literal interpretation and enforcement of the specified regulation would deprive the property owner of privileges enjoyed by the owners of other properties classified in the same zoning district; The project site and building do not meet the City s current development standards, resulting in a non-conforming structure that has been vacant. Detailed records are unavailable, but based on the age of the building, it most likely met development standards when it was constructed. However, the strict or literal interpretation and enforcement of the Code would deprive the owner of privileges enjoyed by the owners of other commercial properties, because without the approval of a Variance the property owner will be unable to make full use of the site as a commercial property. 4. That the granting of the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; All property owners within the City have a right to apply for a Variance or other entitlements that would grant exceptions to the Land Use and Development Code. And, the applicant is required to make certain improvements related to the building and site in consideration for the granting of the variance. The granting of the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 5. That the granting of the variance would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; The granting of the variance would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. As currently designed, some vehicles exiting the site would back out onto Brown Street, which is dangerous and unsafe. As conditioned, the project will resolve this issue by providing standard 90 degree parking spaces, which will not require backing out onto Brown Street. 6. That the granting of the variance would not be inconsistent with the purposes, objectives, and policies of the General Plan and the Zoning Ordinance; A Variance is available for uses that qualify for an exception under very specific eligibility standards. The issuance of a Variance will not interfere with the General Plan and Zoning Ordinance. The applicant is requesting to obtain a Conditional Use Permit, which would be consistent with the purposes, objectives, and policies of the General Plan and the Zoning Ordinance. 7. That the project requiring a variance has been designed to reasonably minimize any negative impacts on the site or adjacent properties. Project conditions of approval regarding parking layout will minimize negative impacts to City streets, specifically Brown Street. As designed and conditioned, the 11

12 proposed project will be a positive impact on the City s inventory of commercial lands and uses. In addition to the required findings in Section A., a request for a reduction to the off-street parking and loading requirements of this division may be approved upon the adoption of the following additional findings: 1. That neither current nor anticipated future traffic volumes generated by the use of the site or use of other sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; Vehicle repair and maintenance uses typically do not generate a high volume of traffic. Staff is not anticipating any traffic generation-related impacts from the proposed project. 2. That the granting of the variance would not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets; With the design of the on-site 90 degree parking spaces, the applicant will meet the City s parking requirements for this particular use. The granting of the variance would not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. 3. That the granting of the variance would not create a safety hazard or any other condition inconsistent with the objectives of this division. As mentioned above, the inclusion of the on-site 90 degree parking spaces will meet the code s parking requirement. The granting of the variance would not create a safety hazard or any other condition inconsistent with the objectives of this division. NOW, BE IT RESOLVED that the Planning Commission does hereby approve the A1 Tires and Wheels Conditional Use Permit and Variance requests for 106 Brown Street, subject to the conditions of approval in EXHIBIT A, attached hereto and incorporated herein by reference. 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 29 th day of March, 2011, by the following vote: AYES: NOES: ABSENT: ATTEST: Maureen T. Carson, Director of Community Development 12

13 EXHIBIT A CONDITIONS OF APPROVAL A1 TIRES AND WHEELS 106 BROWN STREET CONDITIONAL USE PERMIT AND VARIANCE FILE NO I. Standard Conditions of Approval: The applicant 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 shall comply with the following Project-Specific Conditions PLANNING 1. This action approves Conditional Use Permit and Variance requests to establish a vehicle repair and maintenance business within the existing commercial building located at 106 Brown Street, per the project description submitted with the application dated received January 31, Any modifications to the approved project description shall be subject to review and approval by the City Planner. 2. Plans submitted for Building Permits shall be in substantial compliance with plans approved by this action, dated March 29, 2011, except as modified by these conditions of approval. 3. The Conditional Use Permit approval shall allow hours of operation from 8:00 AM to 6:00 PM, Monday through Saturday. Services to be provided include tire and wheel installation, balancing, rotation, flat repair, alignment, and some brake services. Service and installation shall make use of two service bays only. 4. The Variance approval shall only be limited to the existing site and building. Any new construction or redevelopment of the property shall comply with the applicable Commercial District Development Standards. 5. Building materials for the structure shall be hardboard siding, cement plaster, and metal roof. Exterior color schemes shall match the existing colors for the retail space of the building facing Brown Street. The existing metal roof and roll-up doors shall be painted out to match the colors for the building. 6. Plans submitted for Building Permits shall include the following: a. Seven (7) 90 degree parking spaces along the north property line in order to limit the potential for vehicles backing out from the site onto Brown Street. b. The first stall shall be located 10 feet from the property line adjoining Brown Street. c. An accessible loading zone shall be striped between the first two parking spaces from the street (nearest to the business front door). d. A four foot wide accessible path shall be striped from the accessible parking stalls to the business front door, and the front door shall be ADA accessible. 13

14 e. Four parking spaces shall be standard sized (9 x20 ) and three spaces shall be compact (9 x16 ). f. Wheel stops shall be installed to prevent vehicles from making contact with the existing fence installed on the property line. g. The existing driveway curb cut shall be removed and reconstructed approximately 20 feet to the south to accommodate the reconfiguration of parking spaces on the site. 7. All signs shall be subject to a separate Sign Permit from the Building Division. Final sign design shall be subject to review and approval by the City Planner. The proposed sign drawings shall indicate the length of each building frontage, sign location, size, height, materials, colors, lighting, and other pertinent information required to insure conformance with the provisions of Chapter (Signs) of the Land Use and Development Code: a. Freestanding Signs: One freestanding sign per street frontage shall be allowed, with a maximum sign area of 25 square feet and a maximum height of 10 feet. b. Wall Signs: One wall sign with a maximum sign area not to exceed one square foot for each lineal foot of building frontage on the public street. 8. The applicant shall remove the existing wooden freestanding sign located on the northwestern corner of the site, prior to the approval of Building Permits. 9. Plans submitted for Building Permits shall include a Final Landscape Plan, subject to review and approval by the City Planner, which shall include the following: a. A minimum of six (6) planter boxes to be installed along the Brown Street frontage and side yard area facing East Monte Vista Avenue. Two planters each shall be located between site parking spaces and Brown Street, the front elevation of the building and Brown Street, and the side portion of the retail space and East Monte Vista Avenue. The final size and design of the planter boxes shall be subject to review and approval by the City Planner. b. Location and species of all plantings proposed. Proposed plantings shall be a drought resistant species. c. Details for the site irrigation system if necessary. 10. All trash totes shall be kept within the existing trash enclosure area. 11. No vehicle back-out onto Brown Street shall be permitted. 12. Prior to commencing any building activities, a Building Permit shall be obtained and all applicable fees paid, including any applicable development impact fees. Please contact the Building Division concerning building permit applications and fee schedules. 13. All building mounted equipment, including but not limited to louvers, pipes, overhead doors, service doors, access ladders, downspouts, conduit and electrical service boxes shall be painted to match the color scheme of the building. 14. All proposed above ground equipment (i.e. air conditioning condensers, backflow prevention devices, etc. shall either be located on top of the building (not visible from the public right of way to the satisfaction of the Community Development Director), located within attic spaces and/or adequately screened by landscaping or hardscape 14

15 complimentary to the site plan and building architecture. The specific locations of these structures shall be shown on all plans submitted for construction permits. 15. Roof-mounted equipment shall not exceed the height of any parapet or equipment well. Plans submitted for building permits shall include: (1) building cross-sections; (2) max. height of units; (3) max. height of equipment pads/curbs; (4) low and high parapet heights; and (5) a statement confirming that no roof units will exceed the height of the lowest parapet. Please note the final inspection approval by Planning shall not be granted if the proposed project includes visible roof units/equipment. 16. The Applicant (Sarfraz Ahmed) and 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. 17. The Applicant (Sarfraz Ahmed) 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 FIRE 18. An approved address number shall be provided for each tenant space. Such numbers shall contrast with their background and be readily visible from the street. Additional numbers shall be indicated on each unit's rear door. CFC , NFPA 1, and Vacaville Fire Dept. Policy. 19. A Knox key box shall be located adjacent to the front door of each tenant space. An application is available at the Fire Department Administration Office. You should submit the application promptly to avoid delays in occupancy. 20. Provide a minimum of one 2A-10:BC fire extinguisher per 1,500 square feet with a maximum of 75 feet travel distance from any location within the building. (Verify locations of extinguishers with the Fire Inspector prior to installation). (CFC and Vacaville Fire Dept. Policy). Signage and labels shall be provided. 21. All work shall be in conformance with California Fire Code Chapter 14, "Fire Safety During Construction and Demolition" and NFPA 241 "Safeguarding Construction, Alteration, and Demolition Operations". 15

16 22. When a fire detection and/or suppression system is out of service for any length of time, a firewatch shall be assigned to monitor the premises. In addition, the Contractor shall notify the Fire Department before a system is taken out of service and indicate specifically when the system is to be out of service and when it is to be restored. CFC 901.7, , NFPA 101, The department's guideline is attached hereto. 23. A hazard rating diamond shall be posted in a visible area when hazardous materials are stored per NFPA Automatic shutoff in the main supply-air duct for smoke control shall be provided for airmoving systems supplying air exceeding 2,000 CFM. The actuation of smoke detectors within the air ducts shall interrupt the power source of the air-moving equipment and shall activate the building fire alarm system. Such duct detectors shall be supervised by the fire alarm system. (609) CMC. Demonstration of this operation will be required prior to occupancy. 25. The applicant shall provide information on the number of tires that will be stored new and used. 26. The applicant shall provide information on the storage racks to be used for tires or cubic feet of storage racks. 27. The applicant shall provide information on where will tires that are no longer in use be stored and how often will they be disposed of. 28. The applicant shall obtain proof of compliance with Solano County Environmental Health Division. DEVELOPMENT ENGINEERING 29. Approved Site plan, or an exhibit utilizing site plan, shall include sight distance triangles consistent with City Standard Drawing 3-04A to verify proposed improvements do not impair sight distance for vehicles exiting site. PERMIT SERVICES 30. Prior to opening the business to the public the applicant shall obtain a Certificate of Occupancy. 31. The applicant shall obtain a building permit for any improvements to the parking lot, interior building space, and signage. 16

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