CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.2 STAFF REPORT September 17, 2013 Staff Contact: Albert Enault (707) 449-5140 TITLE: REQUEST: INTERCHANGE BUSINESS PARK POLICY PLAN AMENDMENT (VACA VALLEY TRAVEL CENTER FREEWAY SIGN) AMEND THE INTERCHANGE BUSINESS PARK POLICY PLAN SIGN GUIDELINES FOR THE PURPOSE OF INSTALLING A FREEWAY SIGN AT 151 CROCKER DRIVE RECOMMENDED ACTION: BY SIMPLE MOTION, THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY COUNCIL DETERMINE THAT THE INTERCHANGE BUSINESS PARK POLICY PLAN AMENDMENT AND VACA VALLEY TRAVEL CENTER FREEWAY SIGN ARE CATEGORICALLY EXEMPT FROM THE PROVISIONS OF CEQA (CLASS 11) APPLICATION INFORMATION BY SIMPLE MOTION, THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY COUNCIL APPROVE THE INTERCHANGE BUSINESS PARK POLICY PLAN AMENDMENT, AS PER EXHIBIT B BY SIMPLE MOTION, THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY COUNCIL APPROVE THE VACA VALLEY TRAVEL CENTER FREEWAY SIGN DESIGN REVIEW, AS PER EXHIBIT A APPLICATIONS: Categorical Exemption, Policy Plan Amendment, and Design Review FILE NO: File No. 13-034 APPLICANT AND PROPERTY OWNER: Sidhu & Sons, Inc. PROPERTY INFORMATION LOCATION: ZONE: GENERAL PLAN DESIGNATION: CURRENT LAND USE: ADJACENT ZONING & USE: 151 Crocker Drive (Vaca Valley Travel Center) IP Industrial Park (Interchange Business Park) Industrial Park IP Service station and convenience store North: IP Vacant South: Vaca Valley Parkway East: Interstate 505 West: Crocker Drive and IP The Reporter
PROJECT SUMMARY: HEIGHT OF SIGN: SIGN AREA: NUMBER OF TENANT PANELS: EXTERIOR MATERIALS: LETTER DESIGN: Proposed: 65 ft. Maximum allowed by Policy Plan: 35 ft. Proposed: 312 ft. Maximum allowed by Policy Plan: 200 ft. Vaca Valley Travel Center 56 sq. ft.; Blimpie 64 sq. ft.; Chevron 64 sq. ft.; Electronic Price Sign 64 sq. ft.; Future Tenant 64 sq. ft. 4 Sign Panels are proposed Slate-tile, stucco and a metal trellis Channel letters, cabinet box, digital pricing sign PROJECT DESCRIPTION The project proposal is to amend the Interchange Business Park Policy Plan sign guidelines for the purpose of installing a freeway sign at 151 Crocker Drive, at the Vaca Valley Travel Center. Specifically, the applicant is proposing to amend Section IV.B.9 and Figure 2 of the policy plan. The proposed amendment includes the following requests: 1) Modify the location of the sign; 2) Increase the maximum height of the sign from 35 ft. to 65 ft.; and 3) Increase the maximum sign area from 200 sq. ft. to approximately 312 sq. ft. The proposed freeway sign design is a two-pole structure, and includes slate-tile and stucco siding to match the Vaca Valley Travel Center building. The proposed sign includes the name of the center (Vaca Valley Travel Center) and four Tenant panels consisting of three tenants, and an electronic sign. The proposed signs range in area from 56 sq. ft. to 64 sq. ft. The proposed signs include illuminated individual channel letters, cabinet sign designs and a digital pricing sign for advertising gas. Note: The Planning Commission s action includes a recommendation regarding the textual changes to the policy plan (Policy Plan Amendment), a recommendation regarding the design of the freeway sign (Design Review), and, a recommendation regarding the CEQA determination for the projects. PREVIOUS ACTIONS September 1977 The City Council adopted a Policy Plan under the name Crocker Land Company Phase II, which later became known as Vaca Valley Industrial Park II and finally as it is known today, Interchange Business Park Policy Plan. August 2004 The Director of Community Development approved the Massie Parcel Map to subdivide an existing 10.19 acre parcel into four parcels, two of which became the site for the Vaca Valley Travel Center. February 2012 The Director of Community Development approved the Vaca Valley Travel Center, consisting of: (1) an 8-island gasoline and diesel fuel canopy; (2) a 5-island diesel-only fuel canopy; (3) a 2
6,000 sq. ft. convenience store with fast food tenant; (4) a 4,000 sq. ft. restaurant pad with drivethrough lane; (5) two car wash facilities; and (6) a truck scale. October 2012 The Director of Community Development approved the Vaca Valley Travel Center Tentative Parcel Map request to subdivide an existing 4.48 acre parcel into two parcels of approximately 3.39 acres (gas station and convenience store) and 1.09 acres (restaurant pad). November 2012 The Planning Commission approved the Design Review and Planned Sign Program requests to create a multi-user Planned Sign Program for the purpose of identifying signage for the Vaca Valley Travel Center. Specifically, the request was to increase the allowable sign areas for wall signs, price signs, and freestanding signs. April 2013 The Director of Community Development approved a Design Review request to install an approximately 500-gallon propane tank above-ground in the landscape median along Crocker Drive at the Vaca Valley Travel Center. PROJECT ANALYSIS 1. General Plan The Interchange Business Park Policy Plan was originally adopted in 1977 and was revised in 1989. In July 1996, amendments were adopted to bring the plan into conformance with the 1990 General Plan. The proposed policy plan amendment (Vaca Valley Travel Center Freeway Sign) does not change the purpose or intent of the previously adopted amendments or the permitted sign. Furthermore, the proposed amendment would be in compliance with the City s Gateway Plan which was required by General Plan Guiding Policy 2.1-G7. Therefore, the propose amendment would be consistent with the 1990 General Plan. 2. Interchange Business Park Policy Plan Amendment In 1977, the City Council approved the Crocker Land Company Phase II, which later became known as Vaca Valley Industrial Park II and finally as it is known today, Interchange Business Park Policy Plan. In 1998, the City Council approved Resolution No. 1998-118 which added provisions to the Policy Plan that allowed two freestanding signs in Area I of the Policy Plan. Area I consists of lands bounded by Interstate 505, the Vaca Valley Interchange with I-505 and Crocker Drive, which includes the Vaca Valley Travel Center and Vacaville Trailer Sales. Of the two freestanding signs, one sign was identified as a freeway sign to be placed adjacent to Vaca Valley Parkway. As stated in the Policy Plan, the purpose of the freeway sign is to advertise businesses oriented to the highway traveler. The existing provisions in the Policy Plan permit the installation of a freeway sign with a maximum height of 35 ft., as measured from the existing ground elevation at the base of the sign. The Policy Plan refers to the Nut Tree Planned Sign Program (Exhibit D) for specific sign shape and size. The Nut Tree Planned Sign Program was adopted in 1991 as an addendum to the Allison Masson/Sammis and Nut Tree Ranch Policy Plans, and was created to establish a carefully planned sign program for a graphically coordinated sign 3
system. The Policy Plan states that the freeway sign shall comply with the shape and size of the Primary Identification Sign of the Planned Sign Program, which is a verticalrectangular block shape that allows a maximum sign area of 200 sq. ft. The intent of this policy was to have a consistent design theme that matched the signs already in existence at the Nut Tree. Section 14.09.112.120 (Amending or Repealing a Plan) of the City of Vacaville Land Use and Development Code requires that an adopted specific plan or policy plan shall be amended or repealed through the same procedures as applies to adopting the plan. In this case, the Planning Commission is authorized to make a recommendation to the City Council to approve, approve with modifications, or deny the policy plan amendment. The applicant is proposing to amend the following policy plan section and figure: 1) Section IV.B.9 Change the sign guidelines including height, sign area and design requirements; and 2) Figure 2 Change the location of the freeway sign from the southeastern to the northeastern portion of the Vaca Valley Travel Center to the northwestern portion. Location and Height As previously mentioned, the Interchange Business Park Policy Plan allows the installation of a 35 ft. tall freeway sign in a location that is adjacent to Vaca Valley Parkway, in the southeastern portion of the Vaca Valley Travel Center. The applicant is proposing to increase the height of the freeway sign from 35 ft. to 65 ft. and to relocate the position of the sign to the northeastern portion of the site, to make the sign more visible to freeway travelers. The applicant has indicated the following reasons for these changes: (1) the permitted sign would not be seen from the freeway before the drive has past the southbound off-ramp; and (2) the permitted sign would not be readable to the driver before the off-ramp. Staff believes there are merits to the applicant s position, because there is existing landscaping along Interstate 505 and landscaping recently installed for the Vaca Valley Travel Center. This required landscaping would block visibility of the sign in a manner that would not allow freeway travelers to safely exit the freeway to visit the advertised commercial uses. Therefore, the applicant is requesting to install a taller sign closer to the freeway. This would make the sign more visible further north on the freeway, allowing drivers to see the sign at an appropriate time to exit. If approved, the requested changes to the height and location would be consistent with previous City approvals for freeway signs. Staff is supportive of this request. Sign Area As previously stated, the Policy Plan refers to the Nut Tree Planned Sign Program for specific sign guidelines related to sign area. Specifically, the Policy Plan requires the size of the freeway sign to comply with the Primary Identification Sign of the Nut Tree Planned Sign Program (Exhibit D), which allows a maximum sign area of 200 sq. ft. The applicant is proposing to increase the sign area from 200 sq. ft. to 312 sq. ft. to provide adequate signage for all businesses at the Vaca Valley Travel Center. As proposed, the sign area would be consistent with recently approved signs such as the Meridian Plaza and Alamo Plaza freeway signs. Staff is supportive of this request. 4
Tenant Panels The Policy Plan sign guidelines allow tenant panels for a maximum of four retail businesses oriented to the highway traveler. The applicant is proposing four sign panels for the following tenants: Chevron Blimpie Digital Pricing Sign Future business As proposed, the number of panels complies with the Policy Plan sign guidelines. However, staff is not supportive of the digital pricing panel, because: (1) there are no service stations in Vacaville that have a digital pricing sign for gas; (2) the digital sign is not aesthetically attractive when compared to individual letter design; and (3) the previously approved planned sign program for the Vaca Valley Travel Center includes a digital pricing sign on the service station canopy, thereby eliminating the need for placement on the freeway sign. In addition to this, Staff recommends that the freeway sign include all businesses within Area I of the Policy Plan, not just the project site. If approved, the number of sign panels would be consistent with recently approved freeway signs. Staff is supportive of this request. It should be noted that approval of the amendment does not include specific conditions of approval. If approved, the policy plan will be updated to reflect the amendments to Section IV.B.9 and Figure 2. Staff has prepared the revised Section IV.B.9 and new Figures 2A and 2B to reflect the amendments. The revised section and figures are attached as Exhibit B. 3. Design Review Concurrently with the Policy Plan Amendment, a Design Review approval is necessary to review the physical design of the Vaca Valley Travel Center freeway sign. Specifically, the Policy Plan requires the shape of the freeway sign to comply with the Primary Identification Sign of the Nut Tree Planned Sign Program, the applicable sections of the planned sign program are attached as Exhibit D. The applicant is proposing a two-pole structure that includes slate-tile and stucco siding to match the Vaca Valley Travel Center building. As part of the project analysis, Staff has worked with the applicant to prepare a revised design that is more consistent with other freeway signs in the City. The proposed design is attached as Exhibit C. The proposed sign includes illuminated individual channel letters, cabinet signs, and a digital sign for advertising gas prices. When compared to other freeway signs, this mixture of signage was determined to be inconsistent with the typical individual letter design found on such signs as the Alamo Plaza and Brenden Theater freeway signs. In addition to this, previously approved flat cabinet signs have been shown to be a poor quality design and are aesthetically hindering to commercial sites. Staff s analysis determined that there are no freeway signs in Vacaville that contain an digital gas price sign. The previously approved Planned Sign Program for the Vaca Valley Travel Center includes a digital pricing sign center on the service station canopy, therefore the digital pricing sign is not needed for the freeway sign. As an effort to be consistent with previous freeway sign designs, Staff is recommending Condition No. 6, which states that all 5
sign panels shall be individual letter, push-through, cut-through or halo-lit design, and digital pricing signs or electronic message centers shall not be permitted on the freeway sign. As proposed, Staff supports the alternative two-pole design because the Primary Identification Sign is obsolete and uninteresting when compared to recently approved signs such as the Leisure Town Plaza and Nut Tree freeway signs. During recent discussions with the applicant, it was determined that the lattice component of the sign may be a potential hazard for bird nesting. Therefore, Staff is recommending Condition No. 6 which states that an alternative decorative feature may be installed in place of the lattice feature. 4. City Gateways Plan The City Gateways Plan was adopted by the Vacaville City Council in 1999 to help improve key entrances into the community and the City s visual appearance from I-80 and I-505. The plan includes standards that are intended to create a unique and memorable visual statement to attract the attention of the freeway traveler. An important element of the plan is the recommendation to reduce sign-user freeway signs by combing multiple users on one sign. In support of this guideline, the applicant has provided a sign that identifies multiple businesses on a single sign. As designed and conditioned, the proposed sign will meet the goals of the City Gateway Plan. 5. Solano County Airport Land Use Commission (ALUC) Section 14.09.134.040 (Referral to Solano County ALUC) of the City of Vacaville Land Use and Development Code requires the City to refer certain projects to the Solano County Airport Land Use Commission to determine consistency with the Airport Compatibility Plan, which was adopted in 1988. The types of projects which require County referral include: (1) substantial modification of the policy plan; or (2) any application made for an exception to the airport height limitations; or (3) any other application determined by the Community Development Director to involve issues of compatibility with the Nut Tree Airport Land Use Compatibility Plan. In addition to this, the Interchange Policy Plan and Public Utilities Code Section 21676 also require such referrals. The project was referred to the Solano County ALUC staff on August 6, 2013. The project will be reviewed by the Solano County ALUC to determine land use consistency with the Nut Tree Airport Land Use Compatibility Plan (ALUCP) and the Travis Air Force Base ALUCP. This public hearing is scheduled for September 12, 2013. Solano County staff is recommending that the project be considered consistent with the Nut Tree and Travis Air Force Base compatibility plans. Because this staff report will be published prior to the ALUC hearing, staff will provide an update on the ALUC action at the September 17, 2013 Planning Commission meeting. ENVIRONMENTAL REVIEW Categorical Exemption Pursuant to Section 15311(a), Class 11 (Accessory Structures) of the California Environmental Quality Act (CEQA), the construction of minor accessory structures to existing commercial facilities such as signs, is Categorically Exempt from the provisions of CEQA. No additional environmental analysis is required. 6
FISCAL IMPACT The Community Development Department s review and processing of the Policy Plan Amendment, Design Review, and CEQA Exemption applications were funded by application fees paid for by the applicant. Staff s review of the construction plans and the permitting/inspection process will be funded by Building Permit fees. CONCLUSION The applicant is proposing to amend the Interchange Business Park Policy Plan sign guidelines for the purpose of installing a freeway sign at 151 Crocker Drive. Staff is supportive of the applicant s requests, because: (1) the applicant has submitted a request to amend the policy plan in a manner consistent with the Code; (2) the sign s permitted location in the policy plan would hinder the optimum use of the sign in advertising local commercial uses; (3) as conditioned, the freeway sign will be well designed and compatible with the overall project site and Policy Plan; (4) as conditioned, the sign design will be consistent with other freeway signs in the City; (5) the Interchange Policy Plan currently allows the installation of a freeway sign at the subject site; and (6) the freeway sign will be used to advertise all businesses in Area I of the Policy Plan, this will benefit the local businesses and the City s tax base. As proposed and conditioned, Staff is supportive of the Policy Plan Amendment, Design Review and CEQA Exemption requests. The City Council is the final approval body for the Policy Plan Amendment, Design Review and CEQA Exemption requests. The Commission s recommendation will be forwarded to the City Council for their consideration. RECOMMENDATION By simple motion, that the Planning Commission recommend that the City Council determine that the Interchange Business Park Policy Plan Amendment and Vaca Valley Travel Center Freeway Sign are categorically exempt from the provisions of CEQA (Class 11). By simple motion, that the Planning Commission recommend that the City Council approve the Interchange Business Park Policy Plan Amendment, as per Exhibit B. By simple motion, that the Planning Commission recommend that the City Council approve the Vaca Valley Travel Center Freeway Sign Design Review and Categorical Exemption, as per Exhibit A. ATTACHMENTS: Exhibit A Project Specific and Standard Conditions of Approval Exhibit B Revised Interchange Business Park Policy Plan Exhibit C Project Description, Sign Packet and Site Plan Exhibit D Applicable Sections of the Nut Tree Planned Sign Program 7
EXHIBIT A INTERCHANGE BUSINESS PARK POLICY PLAN AMENDMENT (VACA VALLEY TRAVEL CENTER FREEWAY SIGN) 151 Crocker Drive Design Review Conditions of Approval File No. 13-034 I. Standard Conditions of Approval: The applicant and property owner (Sidhu & Sons, Inc.) 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 (Sidhu & Sons, Inc.) shall comply with the following Project-Specific Conditions: PLANNING 1. Plans submitted for Building Permits shall be in substantial compliance with plans approved by this action and dated, 2013, expect as modified by these conditions of approval. 2. This action approves a Design Review request to install a freeway sign at 151 Crocker Drive. Specifically, applicant is approved to: (1) move the location of the sign approximately 320 ft. to the north of the permitted location, adjacent to I-505; (2) increase the maximum height of the sign from 35 ft. to 65 ft.; and (3) increase the maximum sign area from 200 sq. ft. to approximately 312 sq. ft. The freeway sign shall be a two-pole design with tile and stucco siding, with space for the name of the center (Vaca Valley Travel Center) for four sign panels for other businesses in Area I of the Interchange Business Park Policy Plan. Any modifications to the approved plans or project description, except as modified by these conditions of approval, shall be subject to review and approval by the Director of Community Development and may require a separate Planning entitlement review process. This approval shall expire on, 2013, unless Building Permits are issued and construction commenced and diligently pursued prior to the expiration date, or an application for a time extension is filed prior to the expiration date. 3. Plans submitted for Sign Permit shall include documentation confirming all applicable Caltrans permits for outdoor advertisement have been obtained, or, that such permits are not required by Caltrans, subject to review and approval by the Director of Community Development. 4. The final design of the freeway sign (submitted with the Sign Permit) shall match Exhibit B, except that an alternative decorative feature may be installed in place of the lattice feature, subject to review and approval by the Director of Community Development. 8
5. The following businesses shall be allowed to advertise on the freeway sign: a. Vacaville Trailer Sales b. Chevron c. Blimpie d. Area I business 6. There shall be no cabinet sign panels or electronic/digital pricing on the freeway sign. All signage shall be an internally-illuminated letter, push-through, cut-through or halo-lit design. 7. The sign shall be maintained in a structurally sound and operational condition, including lighting and electrical systems. The appearance of all signs shall also be maintained, including but not limited to, paint, free from corrosion or rust, free from cracks or tears, missing sign copy, and malfunctioning lighting. 8. The construction, operation or maintenance of the sign shall not result in the reduction of any approved on-site landscaping. 9. Upon notice by the City that a sign has become unsightly, dangerous or defective, the property owner shall perform all necessary maintenance and repairs within 30 calendar days. Noncompliance shall constitute a nuisance that may be abated in accordance with Chapter 8.1 of this code. 10. All signs pertaining to closed or abandoned activities shall be removed within sixty days of closure or abandonment. 11. Section 14.09.072.150 (D) of the City of Vacaville Land Use and Development Code states: A permit or entitlement may be revoked for reasons which include, but are not limited to, any of the following: (1) Failure to comply with the original approval or with one or more of the project conditions as originally approved; or the construction or development of the subject property is not in conformance with the project as approved; (2) Upon a determination that the permit or entitlement was obtained or extended upon fraud or misrepresentation; and (3) Upon a determination that the project violates a provision of the Municipal Code or is not operating in conformance with the performance standards. 12. 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.), 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. 13. The Applicant shall indemnify, defend and hold the City of Vacaville and its officers and employees harmless against all claims, suits or actions made against them arising out of or in connection with the ownership, occupancy, use or development of the project site, or 9
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 10
APPROVAL FOR ALL DESIGN PERMITS, USE PERMITS, PLANNED DEVELOPMENTS, AND SUBDIVISION MAPS CODE & POLICY REQUIREMENTS MAY ONLY BE SUPERCEDED BY SPECIAL CONDITIONS OF APPROVAL General Conditions 1. Development shall be in substantial conformance with the sign packet prepared and assembled by JC Graphix and dated September 9, 2013, and any modifications or changes as may be required to meet these Standard Conditions of Approval and any Special Conditions of Approval. In the event the applicant proposes any deviations from the approved sign packet or the Standard or Special Conditions of Approval, the Director of Community Development or his designee may require the project to be re-submitted for consideration of the modified project at a duly noticed public hearing. The applicant will be responsible for paying a new application fee for any such reconsideration. 2. In the event of a conflict between these Standard Conditions of Approval and any Special Conditions, the Special Conditions of Approval shall prevail. If applicable, any conflict between the Standard and or Special Conditions of approval and the Development Agreement, the Development Agreement shall prevail. 3. Prior to the issuance of any grading and/or building permit, the development shall comply with all applicable provisions of the Vacaville Municipal Code (Land Use and Development Code, Subdivision Codes, Building Codes, etc.), the Vacaville General Plan, any applicable policy or specific plan, and these Conditions of Approval. 4. Failure of the project applicant to comply with all applicable provisions of the Vacaville Municipal Code (Land Use and Development Code, Subdivision Code, Building Codes, etc.), the Vacaville General Plan, any applicable policy or specific plan, and these conditions of approval may result in revocation of the project approval. 5. No development shall commence until the developer receives a grading permit and/or a building permit and pays all applicable fees, charges, and assessments, including development impact fees and building permit and inspection fees, in accordance with Chapter 11 of the Vacaville Municipal Code and any applicable School Impact Fees and County Facilities Fees. Hold Harmless; Indemnification of City 6. In accordance with Vacaville Municipal Code Section 14.09.072.109, the Developer, and any parties or individuals acting through Developer or granted rights-of-entry by Developer, shall defend, indemnify, and hold harmless the City of Vacaville ( City ) and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees seeking to set aside, void, annul, or modify an approval or action of the City or its City Council, Planning Commission, Director of Community Development, Zoning Administrator, or any other department, committee, commission, agency, board, official, or employee of the City relating to a subdivision or other land use application, discretionary or ministerial permit or approval, or other development; provided, however, that this duty to defend, indemnify, and hold harmless 11
is conditioned upon City s prompt notification of such claim, action, or proceeding and its reasonable cooperation in the defense thereof. As used in the preceding sentence, cooperation shall not exclude the expenditure or payment of any funds by City. 7. Applicant and any successor in interest to this entitlement shall defend, indemnify and harmless City and its agents, officers and employees from and against any and all claims, losses, costs, damages, injuries or expenses (including, but not limited to, attorney fees, expert witness and consultant fees, and other costs of litigation) arising out of or in any way related to injury or death of persons or damage to property that arise out of or relate to the use and or development of the property pursuant to this (Design Permit, Use Permit, or Planned Development), or by any action or activity by City, whether caused by joint negligence of the City, its officers or employees. Cooperation In The Event Of Legal Challenge 8. In the event of any administrative, legal or equitable action or other proceeding is instituted challenging the validity of this approval, the sufficiency of any environmental review under CEQA ("Third Party Challenge"), or the issuance of any grading or building permits pursuant to this approval, Developer and City shall mutually cooperate with each other in the defense of such challenge. City may tender the defense of any such Challenge to Developer ("Tender"), in which case Developer shall pay for and control all aspects of the defense and shall indemnify, defend, and hold harmless City, its agents, officers, and employees from and against any liabilities, costs, and fees arising out of such Challenge (including, but not limited to, Attorneys fees, expert and consultant fees, and other costs and fees of litigation). If after the Tender City wishes to assist Developer in the defense of the matter, City may do so if Developer consents to such assistance and if City pays its own attorney fees and costs (including related court costs). Should Developer refuse to accept such a Tender, City may defend the Challenge, and if City so defends, Developer shall promptly reimburse City for all attorney fees, consultant and expert fees, and other costs reasonably incurred by City in the defense thereof. Construction Activities 9. 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 below: (a) (b) Interior work which would not create noise or disturbance to a reasonable person of normal sensitivity in the surrounding neighborhood shall not be subject to these restrictions; A request for an exception to the permitted construction hours and days may be granted by the Director for emergency work, to offset project delays due to inclement weather, for 24-hour construction projects, or other similar occurrences. 10. Construction traffic shall not use existing residential streets for access to the site unless approved by the City Engineer. 12
11. If applicable, prior to the commencement of construction, the Developer shall obtain air quality permits from the Yolo-Solano Air Quality Management District for the operation of large stationary equipment such as generators Encroachment Permit 12. Developer shall obtain an encroachment permit for any and all work in the public right of way. The Developer shall pay all City Fees and bonding requirements for obtaining such a permit. The developer will provide a deposit for the improvements and pay Plan Check and Inspection Fees in accordance with Ordinance 1053. Damage/Repairs 13. Developer shall repair all damaged existing pavement, existing sidewalk, curb and gutter, landscaping or other public improvements along the frontage of the project to the satisfaction of the Director of Public Works prior to occupancy. Design Permits, Use Permits, Planned Developments; Variances 14. Development shall be in substantial conformance with the approved sign packet (by JC Graphix) and dated September 9, 2013, and any modifications or changes as may be required to meet these Conditions of Approval. In the event the applicant proposes any deviations from the approved plan, or these Conditions of Approval that may not be approved in accordance with applicable provisions of the Land Use and Development Code, the Director of Community Development may require the project to be resubmitted consideration at a duly noticed public hearing. The applicant will be responsible for paying a new application fee for any such reconsideration. 15. The project approval is granted for a period of two (2) years from the effective date of approval unless a Special Condition is approved granting a different length of time. Unless a building permit is issued and the improvement of the site is diligently pursued or completed prior to the expiration of one year, the approval shall lapse and become void. A one-year extension may be considered by the original decision-maker, provided that prior to the expiration date an application for renewal of the project is filed with the Community Development Director. Approval shall be for two years if processed concurrently with a Tentative Map. 16. Final (construction) architectural drawings, site plan, landscape plan, and sign drawings shall be submitted for review and approval by the Community Development Director prior to the issuance of any building permits. Signs 17. All signs shall conform with Section 3-09 Stopping Sight Distance, and Standard Drawing 3-03 A and B and 3-04 of the Vacaville Standard Specifications. Special attention shall be given to note 1 and 2 on Standard Drawing 3-03 A and B. This may affect the location of any monument signs and associated landscaping. 13
Building Standards and the Issuance of Building Permits 18. No building permit shall be issued until: (c) (d) (e) The Chief Building Official reviews the plans and specifications and determines compliance with current State adopted Building Standards and all related Appendix Chapters as amended and restated in Title 14 of the Vacaville Municipal Code. The Community Development Director determines that the plans and specifications conform to the General Plan; all applicable Specific and Policy Plans; the Vacaville Land Use and Development Code, and these Conditions of Approval. No grading and or/construction may commence unless and until a grading and/or a building permit has been issued and all applicable fees and charges have been paid, except as noted in the California Building Standards. 19. All design calculations shall meet all criteria for Seismic Zone 4 and a Basic Wind Speed of 70 MPH Exposure C unless otherwise directed by the Building Official. 20. The applicant is responsible for submitting all of the plans, specifications and reports as required by the Building Division of the Community Development Department. 21. All design shall conform to the current State adopted Building Standards. 22. The State of California requires that prescriptive energy standards be met or energy calculations be submitted to the Building Official for all new construction and when conditioned space volume is increased in an existing facility. The energy design shall meet the current State adopted residential and nonresidential standards of the California Energy Commission. 14