CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.3 ...

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

Staff Contact:
Christina Corsello

(707) 449-5374

TITLE: SOUTHTOWN SUBDIVISION PHASE 1A GENERAL
REQUEST: PLAN AMENDMENTS, ZONE CHANGE, AND PLANNED
DEVELOPMENT
RECOMMENDED ACTION:
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: General Plan Amendments, Zone Change, and
APPLICANT & PROPERTY OWNER: Planned Development
File No. 13-080
TRI Pointe Homes, Bill Sadler

PROPERTY INFORMATION Southeast portion of the City, west of Leisure Town
LOCATION: Road and south of the New Alamo Creek Channel

SITE AREA: 33 acres+/-
ZONE: Residential Low Density 5,000 square foot lot minimum
CURRENT LAND USE: (RL-5)
ADJACENT ZONING & USE: Vacant
West: Vanden Road, Residential RL- 5 (Southtown
UTILITIES: Phase 3), and Residential RL- 6 (Vanden
PROJECT SUMMARY Town/Sterling Chateau 6)
SITE AREA: South: Vacant; Agriculture; Grazing (County) (Vanden
PROPOSED LAND USES: Meadows Annexation)
FLOOR AREA RATIO (FAR): North: Residential RL-6
East: Leisure Town Road, RLM 3.6 (low medium
NUMBER OF BUILDINGS: density residential)
HOUSE PLANS: To be extended to the site

BUILDING HEIGHT: 33 acres
BUILDING MATERIALS:
141 single family dwellings
PARKING:
ACCESS: Single Story House Plans – 43.5% coverage
UTILITIES:
Two-Story House Plans – 40% coverage
Exceptions to lot coverage requested to account for
optional California Rooms

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

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.

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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 (3.1-
5.0 units/acre) to Residential Low-Medium Density (5.1-8.0 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.

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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. 04-08,
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 136-110-080). 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.

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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 (3.1-5.0 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 (5.1-8.0
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.

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Section 14.04.034.040 (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 Draft General Plan and Draft General Plan Environmental Impact
Report were released for public review and comment. On December 10, 2013, the City
Council adopted Resolution 2013-103 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.

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Table 1, Comparison of Zoning Standards and Proposed Project

Minimum Front Minimum Rear Minimum Side Maximum Lot
Coverage
Setbacks Setbacks Setbacks

Current 20 ft; 15 ft to porch 20 ft 5 ft and 10 ft 40%
Zoning (Varied 18 ft to 22 ft
RL-5 setbacks allowed if 20 ft 5 ft & 10 ft OR 40%
average on street is (May be reduced to 5 ft & 5 ft Up to 45.5%
Proposed 15 ft if the average
Zoning 20 ft) (Both sideyards may for 48 lots
RLM-4.5 is 20 ft) be 5 ft for single story
20 ft; 15 ft to porch
Proposed (Varied 18 ft to 22 ft 17 ft for some lots houses)
House setbacks allowed if
Plans average on street is 5 ft sideyards for two
story homes
20 ft)

complies

Section 14.09.071.120 (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 14.09.111.040.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.
13-080 (Exhibit A)

Section 14.09.111.070 (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)

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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.) 2 1-story
2-3 Optional 2-story
1 1,876 3 3 3
3.5 2-story
1x 2,444 3 3-5 3.5 2-story
2-story
2 2,506 3 4-5

3 2,753 3 4-5

4 3,118 3 5

Source: TriPointe Homes.

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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 14.09.074.090 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;

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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 114-117 will be the model homes with Lot 113 as the off-
street 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

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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

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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, 2014. 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 2014.

5. 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, 2013.

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

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. 2003062071). This EIR looked at the entire Southtown
development area, including the Phase 1-A project area. Pursuant to Section 15163 (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 15162 (a).

None of the factors identified in CEQA Guidelines Section 15162 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.

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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

RESOLUTION NO. 13-080

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: 0137-030-150,
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

2004-36) 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 14.03.025 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# 2003062071); 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 2004-36.

3. 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

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 2004-
36). 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

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

EXHIBIT A
CONDITIONS OF APPROVAL
SOUTHTOWN DEVELOPMENT - PHASE 1A
GENERAL PLAN AMENDMENT, ZONE CHANGE, AND PLANNED DEVELOPMENT

File No. 13-080

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. 13-080, 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. 04-095, 05-240, 07-113, and 09-138 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 14.09.072.090: 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

4. All applicable mitigation measures identified in the Certified 2004 Southtown Environmental
Impact Report (SCH No. 2003062071) 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 137.

8. As indicated on the Development Plan dated January 14, 2014; the model home complex
shall be located on Lots 114-117 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 14.09.074”

“Accessory structures are prohibited within the 5 foot side yard setbacks. Code
Section 14.09.074.14.”

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

c. Driveway 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 14.09.072.150 (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 14.09.072.190, which requires, except as otherwise provided by law
(e.g. Government Code 664.74.9) 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
14.09.072.190.

Page 21 of 48

CONDITIONS OF APPROVAL
SOUTHTOWN DEVELOPMENT - PHASE 1A
File No. 09-138, 07-113, 05-240 and 04-095 (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. Standard Conditions of Approval:
The applicant shall comply with the applicable Standard Conditions of Approval
for Residential Development.

III. Project-Specific Conditions:
The applicant shall comply with the following Project-Specific Conditions:

PLANNED DEVELOPMENT
Conditions from File No. 05-240 - Approved by Planning Commission on 9/15/05.

1. 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

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. 04-095 – Approved by Planning Commission on 8/2/05, and
File No. 07-113 – Approved by Planning Commission on 8/21/07, and
File No. 09-138 – 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, 2004. 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

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 05-240), 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 2003062071)

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 275-277 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 136-110-010): 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

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 136-110-010): 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 136
110-140): 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.

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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:

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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) 437-4604.”

21. 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 14.09.072.190, 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 14.09.072.190.

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 19-44 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.

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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. Drainage 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: 136-110-140.

7. 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.

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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 non-

combustible 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
Drive from the Fire Station on Alamo Drive 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.

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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:

 1,500 (GPM) @ 20 p.s.i. residual for single family ‘low density’ residential units which
do not exceed 5.1 units per acre.

 3,000 (GPM) @ 20 p.s.i. residual for ‘medium density’ residential units 5.1-8.0 units
per acre, and all schools.

 4,500 (GPM) @ 20 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.

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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 19-44 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.

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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

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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 1st 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

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feet of the water line per section 13.08.040 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)

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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 0136-110-040 (Agape LLC) and the
owners of APN 0136-110-060 (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

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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

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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

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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 Drawings.

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 Driveways. 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 hydro-
seeded 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

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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 Drain 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 Drain 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 Drainage. 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). Drainage 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.

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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 11.10. 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 “post-
construction ”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
“Drains 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 Drain System Features. A drainage study commissioned for the Southtown
Development has been completed by West Yost & Associates, dated July 29, 2005.
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

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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 Drainage 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 Drain 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 Drainage 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

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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 2002-143)
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 Drawings, 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

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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
Drawings, 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

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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

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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,

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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. Traffic-
handling 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.

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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 four-

lane 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

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

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EXHIBIT B CITY OF VACAVILLE

J Project Site GSPoAuanthd ZtoonwenCh1anAge
City Limits

FILE NO. 13-080 DATE PLOTTED: 02/12/2014

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.