CITY OF VACAVILLE PLANNING COMMISSION STAFF REPORT

Agenda Item No.G1 November 17, 2009 Staff Contact: Ward Stewart (707) 449-5140

TITLE:

SOUTHTOWN COMMONS (MOODY PROPERTY) TIME EXTENSION

REQUEST:

TIME EXTENSION REQUEST TO EXTEND THE APPROVALS FOR THE SOUTHTOWN COMMONS PLANNED DEVELOPMENT & DESIGN REVIEW

RECOMMENDED ACTION:

REAFFIRM THE PREVIOUS ENVIRONMENTAL ASSESSMENT AND APPROVE A TIME EXTENSION FOR THE SOUTHTOWN COMMONS (MOODY PROPERTY) PLANNED DEVELOPMENT AND DESIGN REVIEW SUBJECT TO THE CONDITIONS OF APPROVAL.

APPLICATION INFORMATION APPLICATION & FILE NO:

APPLICANT & PROPERTY OWNER:

Planned Development & Design Review Time Extension, Reaffirmation of Previous Environmental Assessment File No. 09-121 (Original File No. 05-174) Southwest Crossing LLC, Miller-Sorg Group

PROPERTY INFORMATION LOCATION:

SITE AREA: ZONE:

CURRENT LAND USE: ADJACENT ZONING & USE:

UTILITIES:

East side of Leisure Town Road, south of the New Alamo Creek Channel and east of the Southtown Development Area. APNs: 136-120-02; 136-120-03 39 acres +/RLM-3.6, Low Medium Residential, 3,600 sf lots (30.75 ac) CG, General Commercial, Self Storage (5 ac) CF, Community Facility, Park/Detention Basin (3.25 ac) Vacant North: New Alamo Creek Channel East: Railroad Tracks with Cypress Links Golf Course beyond South: Southtown Detention Basin, Agricultural (County) West: Leisure Town Road with Southtown Phase 1-A beyond Infrastructure construction coordinated with Southtowndevelopment or available to property in Leisure Town Road

PROJECT DESCRIPTION The project applicant has submitted a request for a three-year time extension for the Southtown Commons Planned Development and Design Review approvals. The Southtown Commons project was originally approved by the Planning Commission October 4, 2005. The approved project consists of: • the subdivision of approximately 39 acres into 241 single family residential lots consistent with the RL-3.6 zoning standards;

• •

a 5 acre parcel for a future self storage facility on land zoned CG, General Commercial; a 3.25 acre parcel for a detention basin/park on land zoned CF-Community Facilities.

The project included a Planned Development approval allowing exceptions to the RL-3.6 zoning setback standards, and Design Review approval of the development layout, housing mix and residential architecture. As originally approved, the project is dependent upon installation of the water and sewer infrastructure associated with the Southtown development area located on the west side of Leisure Town Road. A two-year time extension was approved for this project on October 16, 2007. The previously approved Tentative Map has been extended for three years by California Senate Bill 1185 and Assembly Bill 33 until October 16, 2012. The Tentative Map proposal is to subdivide 9 acres into 241 parcels for residential development. One parcel is proposed for a self-storage facility; and the other parcel is set aside for public use as a detention basin. The City is currently reviewing improvement plans for construction of both on and off-site infrastructure for the subdivision and a first phase final map. The Southtown Commons subdivision has been dependent upon the construction of major infrastructure improvements by the Southtown Phase 1 developer, which are designed to serve the Southtown development area west of Leisure Town Road as well as the Southtown Commons project on the east side of Leisure Town Road. Although infrastructure installation is proceeding, it has not been completed and the timing of completion has affected the ability of the Southtown Commons developer to meet his Planned Development and Design Review requirements within the original two year approval period. The developer requests the three-year time extension in order to have the Planned Development and Design Review match the time period of the Tentative Map. PREVIOUS ACTIONS February 25, 2003 City Council initiated General Plan Amendments for the 280-acre Southtown Project area and the 37-acre Moody property. 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. (SCH#2003062071) May 11, 2004 The City Council adopted an ordinance approving a development agreement between the City and the Miller-Sorg Group for proposed development on what is commonly referred to as the Moody Property; later to be known as the Southtown Commons project. 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. June 8, 2005 The Solano County Local Agency Formation Commission filed a Certificate of Completion finalizing the Southtown Annexation into the City of Vacaville.

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October 4, 2005 The Planning Commission approved a Tentative Map, Planned Development and Design Review for the Southtown Commons (Moody) project. May 22, 2007 The City Council exercised Section 9.B. the “Excusable Delay” provision of the Moody Develoment Agreement and suspended compliance with time limits for construction specified in Section 4.C. which effectively extended the deadlines to until the earlier of (1) June 11, 2010; or (2) until the Southtown project’s main domestic water and sewer lines have been extended to the eastern boundary of the Southtown project adjacent to Leisure Town Road; or (3) 18 months following City of Vacaville approval of the Moody Project’s Improvement Plans. October 16, 2007 The Planning Commission approved a two-year Time Extension for the Tentative Map, Planned Development and Design Review for the Southtown Commons (Moody) project. PROJECT ANALYSIS 1.

Planned Development

A Planned Development allows for flexibility in applying zoning regulations in order to encourage innovation and creativity in project concept and design. The Planning Commission may approve exceptions to standards through a planned development, provided that the project demonstrates that such exceptions result in a superior design that could not otherwise have been achieved under the zoning standards. 2.

Design Review

Design Review is the part of the project review process that addresses the aesthetic character of lands and buildings and the overall layout of a development on a site, as well as its compatibility with surrounding land uses. The 2005 Southtown Commons Planned Development and Design Review approvals were based on the following project features. Residential Lots and Sizes: The 241 residential lots are designed consistent with the RLM 3.6 standards and proposed for single family residences. The minimum residential lot size is 40’ x 90’ (3,600 sq. ft.) and corner lots are 45’ x 90’ (4,050 sq. ft.). The Planned Development approval allowed for some of the lots in the cul-de-sacs to have reduced frontage width due to the curve of the roadway, but the minimum lot area requirements are met. Several larger lots in the subdivision were originally considered to off-set the size restrictions of the culde-sac lots. The development includes zero-lot line lots which were found to provide variety from the standard RLM-3.6 standards, and address alternate design requirements for residential development. Zero-lot line lots place the location of a structure on a lot in such a manner that one or more of the structure’s sides rests directly on a lot line. On-Site Recreation and Detention Basin: The project includes a required detention basin for storm runoff which will be coordinated as open space in the neighborhood park design at the north east corner of the site. Self Storage Facility: A commercial parcel was approved along the eastern boundary of the development (conceptually designated for a self-storage facility). The solid walls of the commercial development along the property boundary will provide the required sound mitigation between the railroad tracks and the residential development. Access to the commercial site is from a right turn in – right turn out only driveway located at

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the southern corner of the site. An emergency egress from the commercial parcel is required at the northern end of the site. The final design of the self storage facility will be subject to review by the Planning Commission as part of a separate use permit process. Architectural Design: Four house plans are proposed, representing the Coastal, Shingle, American, and Craftsman styles of architecture. Six different models will be offered, with some single story buildings but predominantly two story homes. Each unit will have two garage spaces with space for two more vehicles in the driveway. Corner lots may have a side-entry garage, and some will have tandem garages. (Floor plans and elevations included in Attachment 4). Proposed Zero Lot Line Units: Of the 241 lots within the subdivision, 97 lots (40%) are proposed with a zero lot line on one side. These units are designed with an alternating front/rear garage configuration with some garages set back up to 50 feet from the street. This site design creates variety in streetscape by providing “visual space” between structures and offers additional off street parking area. Residential Development Standards The residential zoning designation for this project is RLM-3.6. The development meets the provisions of the Land Use and Development Code Chapter 14.09.074, Residential Districts Development Standards with exceptions as noted in the right hand column.

Minimum Lot Area: Minimum Lot Width: Minimum Corner Lot Width: Minimum Lot Depth: Front Yard Setback: Occupied space Covered space (porch) Side Yard Setback: Conventional small lots: Single Story: Two Story: Zero Lot Line Units: Rear Yard: Min. Distance Between Bldgs: Maximum site coverage: Maximum Building Height: Minimum Setback from: Arterial Highway: Train ROW: Garage Parking:

Minimum Required 3,600 sq. ft. 40 feet 45 feet 60 feet

Minimum Proposed 3,600 sq. ft. 40 feet (1) 45 feet 60 feet

15 feet 10 feet

15 feet 10 feet

5 feet 7 feet 0 & 12 feet 15 feet 10 feet 40% 30 feet

5 feet (2) 10 feet (five and five) 0 – 10 feet (3) 15 feet 10 feet (4) 40% 30 feet

40 feet 40 feet: 2 spaces

50 feet from face of curb 120 feet 2 spaces

(1)

Some of the cul-de-sac lots and those on the curved portions of a street will have a narrower frontage, but the average lot width meets the 40-foot standard.

(2)

Where a single story garage is adjacent to a property line the minimum set back will be 3.5 feet.

(3)

The Land Use and Development Code allows homes in the RLM 3.6 District to have a zero side yard setback so long as there is 12 feet from the adjacent structure. The applicant is proposing a zero side yard at garages and requesting a reduction to 10 feet between buildings.

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(4) The minimum distance between structures within the conventional small-lot portion of the project is 10 feet except in those cases where a single story garage is adjacent to a property line (Note 2 above). Perimeter Walls and Fencing: Solid masonry walls will be constructed along the north property line, and along the western perimeter fronting on Leisure Town Road (Jepson Parkway), and as a separator between the residences and the self-storage facility. The solid masonry wall is required to be a minimum of six feet and a maximum of eight feet unless otherwise required by the acoustical analysis. The proposed self-storage facility may be designed so that building walls serve as sound mitigation for the residential neighborhood. Wood fencing is proposed between residential lots. Leisure Town Road Improvements: Leisure Town Road will be constructed to full Jepson Parkway design criteria. A 35-foot landscaped set back with a ten-foot meandering sidewalk will be installed at the applicants sole expense. A full-access, signalized intersection at Leisure Town Road will be installed in the first phase of development. The northern access to the site will be limited to right turn in – right turn out only. Internal Streets and On-street Parking: All of the streets in the project are public streets designed to City Standards. Parking will be allowed on both sides of the street and a condition of approval was imposed requiring traffic calming “neck-downs” on streets over 750 feet in length. Curb face to curb face: Sidewalks: On- Street Parking: Guest parking:

36 feet within 56’ of right-of-way 5’ sidewalks on both sides Both sides of all streets Minimum of two in each driveway

ENVIRONMENTAL REVIEW Southtown / Moody Environmental Impact Report An Environmental Impact Report (EIR) for the Southtown/Moody projects was certified by the City Council on April 27, 2004 (State Clearinghouse Number 2003062071). This EIR looked at the entire Southtown development area, including the Southtown Commons (Moody) project area. The type and intensity of development shown on the project plans is consistent with the analysis in the EIR. Implementation of Southtown Commons development will be required to implement mitigation measures outlined in the EIR. Pursuant to CEQA Section 15162, the City has already determined that the requested tentative map and associated project approvals for Southtown Commons fall within the scope of the adopted EIR for the Southtown/Moody. The project plans have not changed, nor have the circumstances under which the project was approved; therefore, it is appropriate to determine that the requested time extension for Southtown Commons remains within the scope of the certified Southtown EIR and that no further CEQA documentation is required. CONCLUSION Staff is recommending that the Commission approve a three-year extension of the Planned Development and Design Review approval to run with the Tentative Map approval through October 16, 2012 for the following reasons: 1. The City typically approves time extensions in one-year increments unless special circumstances demonstrate a need for additional time. The logistics of developing infrastructure and

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coordinating the implementation of other requirements for the Southtown development area warrants consideration of a three-year extension; however, construction of off site utilities is progressing and the developer of Southtown Commons is proceeding with improvement plans and a first phase final map. Based on the progress of infrastructure construction and plan submittals, it is possible for the Southtown Commons development to proceed within the threeyear period. 2. A three-year extension will provide a reasonable time frame for the developer to coordinate the implementation of all of the requirements imposed with the conditions of approval and will effectively synchronize the Tentative Map approval extension with the Planned Development and Design Review approval extension. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 09-121, approving a three-year time extension to October 16, 2012 for the Southtown Commons Planned Development and Design Review approval, subject to the original conditions of approval.

ATTACHMENTS: Resolution 09-121, Approving Three-Year Time Extension for Planned Development and Design Review with Original Conditions of Approval Attachment 1 -- Zoning Location Map Attachment 2 -- Context Map Attachment 3 – Southtown Commons Tentative Map & Reduced Plans Attachment 4 -- Applicant’s Letter Requesting Extension

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RESOLUTION NO. 09-121 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING A THREE-YEAR EXTENSION FOR THE SOUTHTOWN COMMONS PLANNED DEVELOPMENT AND DESIGN REVIEW APPROVALS WHEREAS, Miller-Sorg Group, property owner, submitted a request for a three-year extension for the Southtown Commons Planned Development and Design Review approvals on October 16, 2009; and WHEREAS, the Planning Commission of the City of Vacaville conducted a duly noticed public hearing on November 17, 2009, to consider the request for a three year extension of their first time extension approval of October 16, 2007 at the following described property: Approximately 39 acres of vacant land located on the east side of Leisure Town Road, just south of the New Alamo Creek Channel and east of the Southtown development area. APNs: 136-120-02; 136-120-03 WHEREAS, the Planning Commission received testimony from City staff, the applicant, and all interested parties regarding the proposed project; and WHEREAS, the Planning Commission considered the recommendation from City staff that the time extension be granted for three years to match the State Time Extension timeline; such term falling within the term of the Development Agreement and giving the developer reasonable time to pursue completion of improvement drawings and a final map for the project and to allow time for the completion of off site Southtown infrastructure by others that is needed to serve the developer’s project; and, such term allowing for the City to assess any change of circumstances, both physical and jurisdictional at the end of two years should another extension request be made; and, WHEREAS, an Environmental Impact Report (State Clearinghouse Number 2003062071) ("EIR") was prepared for the Southtown project and certified by the City Council on April. 27, 2004, including the adoption of a Statement of Overriding Considerations and a Mitigation Monitoring Program (Resolution 2004-36); and, In accordance with Public Resources Code Section 21081, the City Council made the following findings: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment; (2) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible [certain] mitigation measures or alternatives identified in the environmental impact report; and (3) Specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment; and WHEREAS, no additional environmental analysis under CEQA is required because the EIR included an analysis of the potential impacts of the Southtown Commons project, and the Planning Commission has determined, on the basis of substantial evidence in the light of the whole record, all of the following: (1) No substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

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(3) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, shows any of the following: (i) that the project will have one or more significant effects not discussed in the EIR; (ii) that significant effects previously examined will be substantially more severe than shown in the EIR; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (iv) that mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and WHEREAS, the Planning Commission has reviewed the request for a time extension of the Planned Development approval for the Southtown Commons development and re-confirms that the original findings apply to a three-year extension of the approval as follows: 1.

That 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; The planned development remains consistent with the General Plan and Zoning Ordinance. Neither document has been significantly amended since the original approval in areas that would affect the project consistency with City land use policies and development standards. A limitation of three years for the time extension provides a reasonable time frame and sufficient opportunity for the development to proceed but will also allow the City to re-assess the circumstances of project design relative to policies and standards in effect at the time of any future time extension requests.

2.

That the proposed location of the planned development and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare; The project is designed consistent with City standards and codes and will be subject to standard permit review and inspection processes established to protect the public health, safety and welfare.

3.

That the combination of different dwelling types or the variety of land uses in the development will complement each other and will be compatible with surrounding uses; The design of the development remains consistent with the concept of housing types and neighborhood layout approved for the Southtown area when it was annexed to the City.

4.

That 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; The design of the development remains consistent with the concept of housing types and neighborhood layout approved for the Southtown area when it was annexed to the City.

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5.

That 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; All public facilities are available to the site or will become available as a result of infrastructure improvements constructed by the project and/or planned and installed for the entire Southtown development area.

6.

That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan; Traffic mitigations required by the Southtown FEIR address the traffic impacts of the project. The project is required to implement certain mitigations that address impacts caused by the project.

7.

That the potential impacts to the City’s inventory of residential lands has been considered. The design of the development remains consistent with the concept of housing types and neighborhood layout approved for the Southtown area when it was annexed to the City.

WHEREAS, the Planning Commission has reviewed the request for a time extension for the Design Review approval associated with the Southtown Commons Development and re-confirms that the original findings apply to a two year extension of the approval as follows: 1.

That the project is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Development Code; The planned development remains consistent with the General Plan and Zoning Ordinance. Neither document has been significantly amended since the original approval in areas that would affect the project consistency with City land use policies and development standards. A limitation of three years for the time extension provides a reasonable time frame and sufficient opportunity for the development to proceed but will also allow the City to re-assess the circumstances of project design relative to policies and standards in effect at the time of any future time extension requests.

2.

That the proposed project is consistent with the standards and regulations of the applicable zoning district, and is consistent with any other approvals for the site; The design of the development remains consistent with the concept of housing types and neighborhood layout approved for the Southtown area when it was annexed to the City.

3.

That the subject site is suitable for the type and intensity of use or development proposed, and that the design, size, and other physical characteristics of the proposed use are compatible with adjacent uses, or with adjacent natural resources; The design of the development remains consistent with the concept of housing types and neighborhood layout approved for the Southtown area when it was annexed to the City.

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4.

That the proposed uses will not be detrimental to the public health, safety, or welfare of the community; The project is designed consistent with City standards and codes and will be subject to standard permit review and inspection processes established to protect the public health, safety and welfare.

5.

That adequate public facilities and services are available to serve the site or will be made available concurrent with the proposed development; All public facilities are available to the site or will become available as a result of infrastructure improvements constructed by the project and/or planned and installed for the entire Southtown development area.

6.

That projected traffic levels and levels of service are, or as result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan; Traffic mitigations required by the Southtown FEIR address the traffic impacts of the project. The project is required to implement certain mitigations that address impacts caused by the project.

7.

That the project is consistent with any design guidelines adopted pursuant to Section 14.01.003.020(C) of Division 14.01, Administration, of this Title, for the type of use or structures proposed. The development plan and project architecture have not changed from the original approval and therefore remain consistent with this finding.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City Vacaville does hereby approve a three-year extension to October 16, 2012 of the Southtown Commons Planned Development and Design Review approvals in accordance with the findings above and subject to the conditions of approval set forth in Exhibit A, attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 17th day of November 2009 by the following vote: AYES: NOES: ABSENT:

ATTEST: _____________________________________________________________ Maureen T. Carson, Director of Community Development

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EXHIBIT A CONDITIONS OF APPROVAL SOUTHTOWN COMMONS PLANNED DEVELOPMENT AND DESIGN REVIEW Original File No. 05-174 First Time Extension File No. 07-144 Second Time Extension File No. 09-121 I.

Standard Conditions of Approval: The applicant shall comply with the applicable standard conditions of approval. In the event of a conflict between the Standard Conditions of Approval and these conditions, these conditions shall prevail.

II.

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

1.

The layout of the subdivision, including the individual lot areas, shall be in substantial compliance with the tentative maps approved by this action, dated July 22, 2005, prepared by Johnson & Foulk, Inc., except as may be modified by these conditions of approval.

2.

The Developer shall comply with the requirements of the Development Agreement between the City of Vacaville and the Miller-Sorg Group regarding the development of real property commonly referred to as the “Moody Property.” 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 and 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 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.

The model home complex shall be subject to discretionary Design Review and approval by the City Planner prior to the issuance of building permits.

4.

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/Moody Environmental Impact Report (State Clearinghouse Number 2003062071)

5.

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. The development shall also comply with the mitigation measures and mitigation monitoring program of the Southtown EIR.

6.

The Applicant Miller-Sorg Group and development shall comply with these conditions of approval and all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), the Vacaville General Plan and any applicable policy plan or specific plan, as such provisions may be amended from time to time including, but not limited to, Vacaville Municipal Code Section 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.

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7.

The Applicant Miller-Sorg Group 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.

8.

Construction noise shall be subject to the following restrictions: A.

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: 1. 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; 2. 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.

B. 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 24hour construction projects, or other similar occurrences. 9.

An avigation easement, in a form acceptable to the Community Development Director, shall be dedicated on the Final Map, 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 overflight 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.”

10.

The applicant/developer shall provide the original buyer of each lot or home in the 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.”

11.

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 parking areas, driveways, or within public view for longer than 72 hours, and disclosure that active agricultural operation will be taking place on surrounding properties and they waive their right to protest these operations such as, but not necessarily limited to dust from grazing, flies, and odors.

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12.

All homeowners within the subdivision will be notified through the CC&R’s and shall execute separate signed disclosure statements describing the existence of maintenance easements that affect their specific lots and all lots within the subdivision. In addition, the Developer shall provide a separate disclosure notice that informs the buyer that the Homeowners Association or similar entity created by the developer will be responsible for any dispute resolution between neighbors, not the City.

13.

The CC&R’s will include a provision requiring the garages to be kept free, clear, and accessible for the parking of two vehicles at all times.

14.

The CC&R’s will include a provision that the bedrooms may not be occupied by any more than two unrelated persons.

15.

A neighborhood park with approximately 1.25 acres shall be dedicated adjacent to the detention basin in the northeast corner of the development site. The developer shall consult with the Community Services Director on the nature and extent of any improvements desired by the City and the amount of fee credits for those improvements.

16.

The proposed self-storage facility shall be subject to review and approval of a Use Permit by the Planning Commission. DEVELOPMENT ENGINEERING

17.

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 Southtown Commons dated July 22, 2005, prepared by Johnson & Foulk, 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.

18.

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 to be constructed, the Developer shall review all of the mitigation measures and required improvements as outlined in the project EIR, Development Agreement, traffic reports, and utility studies for the project The Developer shall identify each of the 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 Commons, 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

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would be if subsequent phased improvements are not constructed with the project. (Development Agreement Section 5.B) 19.

Overall Utility Plan. The Developer shall submit with the improvement plans for the first phase (Phase 1) 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. (Development Agreement Section 5.B)

20.

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 Commons, 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.

21.

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 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. (Development Agreement Section 5.N)

22.

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. (Development Agreement Section 5.N)

23.

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 house keeping 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. In 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

14

needed improvements are constructed or housekeeping conditions are improved to the satisfaction of the City Engineer, Building official or Director of Public Works. (Development Agreement Section 5.B) 24.

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.

25.

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.

26.

Public Safety District. The recordation of the first final map (Phase I) will not occur until after the Public Safety District (“PSD”) has been formed. (Development Agreement Sections 4.A and 4.B)

27.

Formation of a Lighting and Landscaping District. Prior to the recordation of the first final map: A.

The developer shall form a Lighting and Landscaping District (“LLD”) to fund the on-going maintenance of all public and private common areas and to fund the on-going costs for street lighting and other amenities as provided for in state law and local policies.

B.

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. (Development Agreement Section 4.D)

C.

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.

28.

Interim Maintenance Required. If the Lighting and Landscaping District (“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)

29.

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. The Developer shall also comply with any required conditions of approval from the Solano Irrigation District. (Development Agreement Section 5.M)

30.

Internal Street Names. The Developer shall prepare a street sign/naming plan for all internal streets within the Tentative Map, and shall submit the 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. (Design Standards 3-11)

15

31.

Benefit District. The Developer may request the City of Vacaville to form a benefit district (“District”) over all parcels adjacent to the Southtown Commons 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 Southtown Commons 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 or building permit. Assigned costs under the District shall be based on a fair share analysis of the direct costs and benefit received by each parcel, shall be 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 District. The Developer and the City will cooperate in forming the 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 improvements. (Development Agreement Section 3.L)

MAPPING, EASEMENTS AND DEDICATIONS 32.

Final Mapping. The Developer shall prepare a subdivision “final map” (or multiple final maps) dividing the existing property into the configuration, size and number of lots shown on the said Tentative Map in accordance with the requirements of the Subdivision Map Act and Vacaville Community Development Department policies and standards prior to building permit. The final map(s) shall be reviewed and approved by the City Engineer, approved by the City Council, signed by the Public Works Director. All land areas not designated on the Tentative Map to be developed at this time shall be made into separate parcels, or shall be designated as a "remainder" parcel on the final map. (Development Agreement Section 3.C and 3.D)

33.

Master Final Map. If multiple final maps will be filed, the Developer shall prepare a project Master Final Map that shall show future mapping phases, and in addition, shall show all of the elements of the project requiring a separate parcel, such as the Self Storage Area, Detention Pond Site, Private Park Site, and any public or private access for these respective parcels 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 same configuration, size and number of lots shown on the said Tentative Map. Alternately, all lots and parcels may be included in a single map.

34.

Abandonment of Easements and Right of Ways. Prior to the recording of the final map, or as otherwise allowed by the City Engineer, 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. A portion of Leisure Town Road right-of-way on which the project fronts is not needed by the City because of the recent realignment of the road under a capital improvement project constructed by the City. The excess lands created by the realignment will be abandoned, and the intent of the City is to transfer title of such lands to the owners of the Southtown Commons property. The vacation shall be accomplished by separate instrument and shall be noted on the final map for Southtown Commons Phase 2A. (Development Agreement Section 3.I)

35.

Detention Pond Sites. The Developer shall dedicate to the City of Vacaville all lands necessary to construct a storm water detention basin having a capacity of approximately 7 acre-feet as shown on the approved Tentative Map for Southtown Commons. Although the construction of the basin is required with the improvements for Phase 1, the dedication of the parcel may be occur with Phase 2A, in which case the detention basin shall be maintained by the Developer until such dedication is recorded and the basin is accepted by the City of Vacaville. The Developer has requested approval for the use of a portion of the excess Leisure Town Road right-of-way to provide additional storm water detention capacity. All lands currently owned by the City of Vacaville proposed for storm water detention shall be approved by City Council for such

16

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, to the extent that other landowners will benefit from the improvement. 36.

Right-of-Way along Leisure Town Road. With the first final map, the Developer shall dedicate to the City of Vacaville the right-of-way needed to accommodate the widening of Leisure Town Road to a full four lane divided arterial roadway (typical 100’ right-of-way) with a 16’ wide median, a 64’ width of pavement, and with 35’ wide parkways configured as shown on the Tentative Map. The width of the dedication will vary slightly with the alignment of the approved roadway. The ultimate dimensions of the elements of the roadway to be dedicated shall be as shown on the Tentative Map and any exhibits thereto. (Development Agreement Section 5.G and 5.T)

37.

Abandonment and Acquisition of Lands from and Dedications to Solano Irrigation District (SID). Prior to the approval of the first final map, 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 Moody, and shall dedicate new easements over the Southtown Commons project for the new alignment of non-potable water lines to be under the ownership of SID where they are not within the public right-of-way. The Developer shall dedicate to Solano Irrigation District a minimum 15 foot wide easement over lands within the project where the SID pipe is outside the public right-of-way.

38.

Easements for Water and Sewer. If needed, 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. (Development Agreement Section 5.G)

39.

Off-site Sanitary Sewer. If not dedicated with the adjacent Southtown Development, the Developer shall dedicate or obtain the dedication of all necessary easements for an off-site sanitary sewer trunk line from the new crossing under Alamo Creek through a distance of approximately 1500 lineal feet to Leisure Town Road as shown on the Southtown Area Sewer Plan Evaluation and CSP-S Trunk Sewer Service Area Master Plan prepared by West Yost & Associates, dated July 29, 2005. Such dedications shall be secured prior to the submittal of the final map. (Development Agreement Section 5.G)

40.

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 off-site dedications shall be obtained and recorded, and off-site improvements shall be appropriately bonded prior to the approval of the final map.

41.

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. (Development Agreement Section 5.G)

42.

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 (ROW). Water, sewer and storm drain easements shall be provided as required elsewhere in these Conditions. (Development Agreement Section 5.N)

43.

Waterline and Emergency Vehicle Access Easement Dedication. The Developer shall provide for City’s grant of easement for a private waterline and emergency vehicle access easement 20 feet wide from the northerly end of Lot 242 to the “B” Street ROW through the City Park and Detention Pond area. (Development Agreement Section 5.G)

17

44.

Private Driveway Access Easement. The Developer shall provide for a reciprocal private access easement minimum 25 feet wide for a common driveway serving Lots 198 and 199. The shared driveway shall be centered on the common property line between the parcels, and both parcels shall equally share in the cost of maintenance of the common driveway.

45.

Private Sewer Easement. The Developer shall provide a 15 foot wide private sewer easement for the benefit of Lot 242 through Lot 75 as shown on the Tentative Map. The alignment of the sewer line and easement shall be subject to the approval of the City Engineer and the Director of Public Works.

PLANS AND REQUIREMENTS FOR CONSTRUCTION 46.

Project Improvement Plans and Grading Plans. Concurrent the final map(s), 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. In the event that more than one final map will be filed, the subdivision grading plans shall include an overall plan of the entire Southtown Commons 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. (Design Standards Section 2 and Section 11)

47.

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 of the Director of Public Works prior to occupancy.

48.

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 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.

49.

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.

50.

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.

51.

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.

52.

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

18

final grading plans for each lot. No driveway slopes shall exceed a 14% slope unless approved by the City Engineer or Building Official. 53.

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.

54.

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.

55.

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.

56.

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 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 57.

Storm Drain System Improvements Required for Each Phase. In accordance with the Master Storm Drain Plan shown on the approved Tentative Map, the Developer shall design and construct (or participate in the cost of) all offsite and onsite storm drain lines, structures, detention basins and channel improvements needed to serve the subdivision(s), 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.

58.

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 New Alamo Creek derived from preliminary studies for Southtown Commons (Moody) by the West Yost & Associates, (and subsequent supplemental reports) 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, 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.

59.

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 predevelopment conditions. Prior to the approval of the final building inspection and certificate of occupancy for any structure within the project area, the licensed land surveyor or civil engineer licensed by the state of California shall certify that the lat has been graded and the drainage facilities, if any, have been installed per the approved plans.

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60.

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 Design Standards, Section 11.10. The Developer shall show the path of the overland release to Alamo Creek.

61.

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.

62.

Storm Water Management Plan. 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. The Developer shall coordinate the requirements of the SWPPP with the project Civil Engineer’s Erosion and Sedimentation Control Plan which is required as a part of the project grading plans.

63.

Major Storm Drain System Features. A preliminary storm drain study has been conducted for the Southtown Commons (Moody) project by West Yost & Associates. The Developer shall be required to provide more detailed hydrologic and hydraulic analyses to confirm the preliminary detention basin configuration, and to confirm the water surface elevations in New Alamo Creek. Using said storm drain study, along with any subsequent supplements, the Developer shall prepare detailed design calculations and plans for the construction of 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 Southtown Commons: Detention Basin: The Southtown Commons Developer shall be responsible for constructing a minimum 7 acre-foot storm drain detention basin which shall be built along with the infrastructure for the first phase of improvements (Phase 1) and shall be completed prior to the first building occupancy. Preliminary studies have indicated that the basin shall be equipped with two 24” lowflow pipe outlets or control structure as necessary, and possibly a weir type armored spillway directing water to New Alamo Creek. The size and number of outlet pipes will be based upon the final storm drain study and recommendations by the City’s storm drain consultant, West Yost & Associates. The Developer shall also construct a concrete lined swale in the flow line of the bottom of the detention basin, except for the last 10 feet upstream from the outlet. The detention and public park area shall be landscaped with turf and other materials to the satisfaction of the Director of Community Development and the Director of Public Works.

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Storm Drain Pipe System on Leisure Town Road: Along with the first phase (Phase 1) improvements, the Developer shall also design and construct the drainage system for the easterly half of Leisure Town Road across the Southtown Commons frontage. Storm water collected on Leisure Town Road shall be piped to Alamo Creek (SCWA encroachment required) or taken through the project to the detention basin. The Developer may, at his option, coordinate the drainage of the easterly half of Leisure Town Road with the developer of Southtown Development Phase 1A (responsible for the western half), to provide a common outfall to New Alamo Creek. Such combined system shall be subject to the approval of the City Engineer, and shall be required to be completed before occupancy of the first building unit in Southtown Commons. Storm Water Floodwall or Retaining Wall: The Developer shall design and construct a retaining wall that will keep overland release waters from the Southtown project located south of Southtown Commons out of the project site. The height of the required floodwall is estimated to be 3 to 4 feet, with a top elevation of approximately 89.30. Thus, a retaining wall/sound wall combination will be required along the entire south and east boundary lines of the project, from Leisure Town Road up to the railroad right-of-way and then north along the railroad to the New Alamo Creek right-of-way line. The floodwall and sound wall shall be required along with the improvements for Southtown Commons Phase 1, and shall be in place before occupancy of the first building unit. Storm Drain along New Alamo Creek Channel Access Road: The Tentative Map shows three small drains and outfalls along the access road for New Alamo Creek. The Developer may submit to the City Engineer and to Solano County Water Agency for their approval, an alternate storm drain plan for that area which would direct runoff to the detention basin, rather than directly into the creek channel. Water Quality Management: The Developer shall submit a plan for post-development storm water quality control for both the residential and for commercial properties within Southtown Commons. 64.

Solano County Water Agency (SCWA) Encroachment Permit Needed. The Developer shall secure and encroachment permit from SCWA for the construction of a twin 24” pipe outlet and associated discharge of storm waters from Southtown Commons detention basin into the New Alamo Creek storm channel as shown on the Tentative Map. This outfall shall be constructed before the occupancy of the first residential unit. The location of the outlet is near the upstream side of the railroad bridge over the New Alamo Creek channel.

SANITARY SEWER 65.

Updated Sewer Capacity. The sewer capacity allocation 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.

66.

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 those sewers that are required to serve the respective phase of development 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.

67.

Phased Infrastructure Sewer Lines. The following sewer lines are required to be constructed by the Southtown Commons Developer as part of the phased infrastructure improvements: a.

A 15” sanitary sewer crossing under New Alamo Creek is to be designed constructed with Southtown Phase 1A improvements by the developer of that project. If the crossing

21

is not constructed by that developer prior to approval of the Southtown Commons final map, then the Developer of Southtown must include the sewer creek crossing in his improvement plans and must complete the work. 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. This crossing must be constructed and in service prior to the first building permit for Southtown Commons.

68.

b.

If not constructed by the developers of Southtown Development Phase 1A, the Developer shall design and construct approximately 1500 LF of 12” Sanitary Sewer Trunk Line from the existing CSP-S Sewer Line and bore and jack under New Alamo Creek, and then continuing east to the Southtown Commons Site 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, (“Sewer Study”) and shall complete the work prior to occupancy of the first residential building, or as otherwise directed by the City Engineer, or the Director of Public Works.

c.

Unless otherwise fully funded, the Developer shall participate in the cost of upsizing approximately 7300 lineal feet of an existing CSP-S 27” SS to a 36” SS. Such improvement is shown in the Sewer Study for Southtown Commons as “Phase 1”, and corresponds to the portion of the line that runs from Point 1952 to 1835. This project would be installed under a City capital improvements project, funded largely from Sewer Impact Fees. This line would have to be in service before the issuance of the 771st building permit for the general Southtown service area.

d.

The Developer shall participate in the cost of upsizing approximately 1800 lineal of existing 24” SS to 27” SS (or greater). This line is shown in the said Sewer Study as “Phase 2” running between Point 1870 and Point 1873, and would have to in place before the issuance of the 1171st building permit for the general Southtown service area. This line shall be funded and built by the developers in the Southtown area, and the cost shall be shared through the formation of a benefit district based upon a “per unit” contribution.

e.

The Developer shall participate in the cost of upsizing approximately 1800 lineal of existing 27” SS to 30” SS (or greater). This line is shown in the Sewer Study as “Phase 3” running between Point 1873 and Point 1875, and shall be in place before the issuance of the 2351st building permit for the general Southtown service area. This project would be installed under a City capital improvements project, funded largely from Sewer Impact Fees.

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 69.

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.

70.

Acquisition of Public Water Well Site. Under Section 5.R of the Development Agreement, the Developer is obligated to dedicate a 1 acre well site within the Southtown Commons project. The City of Vacaville has recently determined that no suitable site exists within the project boundary. To meet the intent of the obligation under the Development Agreement, the Developer shall

22

participate in the acquisition of a well site located outside the Southtown Commons property. The costs of the acquisition land shall be assigned by fair share analysis to the owners and developers of the general Southtown service area, and may be included in an infrastructure benefit district. 71.

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 Southtown Commons (Moody) as outlined in the final water system study entitled “Southtown Project Water Modeling Study” by Nolte Associates, dated July 2005, (“Water Study”) shall be incorporated into the plans and constructed in accordance with the Infrastructure Phasing Plan, or as directed by the City Engineer. Unless otherwise noted on the Tentative Map or in these Conditions, all in-tract public water mains shall be minimum 8” diameter and shall be of materials required by the City of Vacaville standards.

72.

Phased Infrastructure Water Mains. As shown on the Tentative Map, the following mains are required to be completed by the Southtown Commons 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 Southtown Commons: a.

Transmission Main: An 18” water main shall be constructed from a connection point near the north end of the Southtown Commons Leisure Town Road (LTR) frontage continuing south along the entire LTR frontage to a temporary end near the south property limit. It shall connect with a Tee at the intersection of LTR and “C” Street, and at “B” Street with a Cross or as directed by the City Engineer. This line will be eligible for partial reimbursement under a benefit district from adjacent development, and in addition the cost of the upsizing from 12” to 18” pipe will be reimbursed by the City of Vacaville. The 18” water line must be constructed and in service prior to the first building permit for Southtown Commons.

b.

In-Tract Loop: A looped 8” water main shall be constructed in “B” Street from the abovementioned cross in Leisure Town Rd. eastward and northeastward in “B” Street to the point of connection of a private waterline loop required for the commercial property (Lot 242) north of the intersection of “F” Street with “B” Street. The required loop continues in “B” Street from the last mentioned Tee as a 12” waterline to a 90 degree bend at “C” Street, and then continues west through “C” Street to connect to the above-mentioned 18” waterline in Leisure Town Road. This 8” and 12” waterline loop must also be in service prior to the first building permit for the first phase (Phase 1).

c.

A private water main delivering a minimum of 4500 gallons per minute shall be constructed from a connection to the 18” transmission main in Leisure Town Road near the southerly end of the commercial property (Self Storage project), through that commercial property and shall continue to a connection with the looped waterline in “B” Street near the public park/ detention basin property. This looped private waterline shall be installed and in service before issuance of the first building permit for the commercial property.

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73.

Solano Irrigation District (SID). In conjunction with the filling of the Dally Canal (SID) which runs through the Southtown Commons project property, the Developer shall design and construct SID improvements as shown on the approved Tentative Map prior to occupancy of the first building in Phase 1, 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 areas within the project, including landscaping along Leisure Town Road, Landscaping for the detention basin and any other required public landscaping. All construction of the NPW shall be to the satisfaction of the Director of Public Works and the City Engineer, as well as SID.

74.

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 prior to acceptance of the subdivision improvements.

PUBLIC UTILITIES 75.

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.

76.

Underground Utilities. All utilities within the project and to each lot shall be constructed under ground 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.

77.

Off-site Underground Utilities. The Developer of Southtown Commons shall underground any existing overhead utilities along the Leisure Town Road frontage.

78.

Order of Work for Utility Installation. All mains, laterals and services for water, gas, sewer, underground electric power, cable television and telephone lines, irrigation 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.

79.

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.

80.

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 than 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.

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LANDSCAPING and PARKS 81.

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.

82.

Landscaping Plan and Installation Required. Developer shall submit a Landscaping Concept Plan showing all public landscaping for the Southtown Commons project. The concept plan will include: a.

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 Phases 1, 2A and 2B 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 any public service easements, such that they will avoid conflict with utilities to the satisfaction of the Director of Public Works. Except for trees, landscaping shall not be higher than 30 inches above the curbs in such public service easements.

b.

Landscaping shall be required along the median in Leisure Town Road and along the parkways on either side of the roadway. Southtown Commons will be responsible for the one-half of the median and all of the easterly parkway for the entire length of the Leisure Town Road frontage.

c.

Landscaping will also be required for the median and parkways on the 60’ wide entry road portion of “B” Street.

d.

Landscaping and irrigation will be required for the detention basin site.

e.

All landscaping and irrigation proposed shall be reviewed and approved by the Director of Public Works and by the City Planner, as well as the City Engineer.

The Developer shall install landscaping in phases corresponding to the phasing of subdivision improvements required for each final map, unless otherwise approved or directed by the City Engineer. 83.

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.

SOUND WALLS and FENCING PLANS 84.

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 with the approved Fencing Master Plan.

85.

Sound Walls and Masonry Project Wall. With Phase 1 improvements, the Developer shall construct an 8’ high sound wall along the entire Leisure Town Road frontage. Also, a masonry wall not to exceed 8’ in height shall be constructed along New Alamo Creek across the entire northern project boundary. Walls shall be masonry or concrete and shall be approved by Directors of Community Development and Public Works.

86.

Sound Wall and Retaining Wall along Railroad Right of Way. With Phase 1 improvements, the Developer shall construct an 8’ high sound wall on top of a 3 to 4 foot high retaining wall.

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This is required as mitigation for sound attenuation and to provide a barrier for overland release waters coming from the Southtown projects located south of Southtown Commons. The cost of the retaining wall shall be considered eligible for reimbursement from the Southtown projects under a benefit district. The rear wall of the future self-storage building may function as the sound barrier, subject to the approval of the Community Development Director and City Engineer. 87.

Sound Wall Between Residential Area and Self-Storage Facility. The proposed self-storage facility may be integrated into the sound walls to the rear of those home sites immediately adjacent to this part of the development.

88.

Residential Area Fencing. Wood fencing shall be installed between the lots.

89.

Park and Detention Pond Fencing. The fencing plan shall include fencing around the park and detention pond areas. A gate with locks shall be required to keep people out of the detention pond area when there is standing water in the pond.

ROADWAYS AND TRAFFIC IMPROVEMENTS 90.

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. 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. 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 and development site will not be significantly impacted during the development of the project site.

91.

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.

92.

Interior Streets. All interior streets shall be publicly maintained in public right-of-way. The following interior streets shall be included in the improvement plans, dedications and construction: a.

50 Foot Right-of-Way: All interior streets shall be per standard City of Vacaville 50 foot right-of-way, except for the portion of “B” Street serving as a project entry between Leisure Town Road and “A” Street.

b.

The Developer shall include a traffic calming device consisting of a reduced pavement width of 24 feet for a length of two lots on “A” Street, “B” Street, “C” Street and “F” Street. The Developer shall construct a minimum of one traffic calming device on each of the foregoing streets. Design shall be to the satisfaction of the City Engineer and the Director of Public Works.

c.

60 Foot Right-of-Way with Median: Entry along “B” Street between Leisure Town Road and “A” Street. The width shall be per following requirements: 10 feet of parkway

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(including 5’ sidewalk and 5’ of landscaping) on each side, 18 foot travel lane on each side, with a 4’ median in the center. 93.

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.

The general width requirements for Leisure Town Road shall be a 16 foot wide center median, a 32 foot wide paved roadway in each direction, and approximately 35 feet of parkway landscaping and meandering sidewalk for a total of 150 wide. Curb and gutter shall be required on either side of the roadway and the center median shall be constructed with median curb.

c.

The Developer shall provide for and construct a right turn lane for northbound traffic approaching the “B” Street entrance to Southtown Commons. The following criteria shall be used: 16 foot wide right turn only lane, 150 feet long with a 90 foot long standard transition.

d.

A meandering sidewalk shall be constructed of concrete 10 wide between “B” Street and the north project boundary, and a meandering concrete sidewalk 6’ wide shall be constructed south of “B” Street to the south project boundary.

e.

The Southtown Commons project shall be responsible for the eastern half of the construction of Leisure Town Road, from center of median to the east right-of-way line of Leisure Town Road. The Developer shall coordinate the sequence and phasing of construction of Leisure Town Road improvements with the developer of Southtown Phase 1A subject to the approval of the City Engineer.

94.

Traffic Signal on Leisure Town Road. The Developer shall deposit an amount not to exceed $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. The exact amount, payable under a benefit district, shall be determined by a fair share analysis of the proportional benefit to the project, as compared to other participating projects.

95.

Meandering Pathways. Except as noted above, the meandering pathways and trails for bicycles and pedestrians within the Southtown Commons shall be minimum 10 feet wide, and shall be concrete.

96.

Bridge Sidewalk. The Developer of Southtown Commons shall participate in the cost of designing and constructing a cantilevered concrete curb, sidewalk and safety railing across the east side of the Leisure Town Bridge over New Alamo Creek. Cost will be shared with other developers in the Southtown area by formation of a benefit district. FIRE DEPARTMENT

97.

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 the Southtown Commons project. All costs for the Opticom system and installation shall shared by the developers of the Southtown Commons and Southtown project.

98.

Fire flow water supply shall comply with the adopted City Water Master Plan.

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99.

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.

100.

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.

101.

Required fire hydrant flow requirements based on specific occupancy uses and development densities: A.

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

which

B.

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

units

C.

4,500 (GPM) @ 20 p.s.i. residual for ‘high density’ residential units exceed 8.0 units per acre, all commercial and industrial occupancies.

102.

Public fire hydrants located along the street frontage shall be spaced no greater than 300 feet between hydrants. (Hillside, High Density and Commercial).

103.

Public fire hydrants located along the street frontage shall be spaced no greater than 400 Ft. between hydrants. (Ordinary Residential).

104.

Public fire hydrants located along the street frontage shall be spaced no greater than 500 feet. street travel distance. (Collector streets and roads with no buildings fronting)

105.

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 arterial 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.

106.

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.

107.

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.

108. NO PARKING - FIRE LANE areas must be provided in accordance with the building permit plans.

approved

109.

Obtain permits from the Fire Prevention Bureau for appropriate items on the City's current Fee Schedule. A special permit for use of fire hydrants for construction water shall be obtained from the Public Works Department.

110.

Approved numbers or addresses shall be placed on all new residential buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.

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POLICE DEPARTMENT 111.

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.

112.

Adequate lighting shall be provided throughout the subdivision.

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