Cynthia W. Johnston, Housing and Redevelopment Director Scott D. Sexton, Community Development Director

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1 Agenda Item No. June 12, 2007 TO: FROM: SUBJECT: Honorable Chairman and Redevelopment Agency Members Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager Cynthia W. Johnston, Housing and Redevelopment Director Scott D. Sexton, Community Development Director RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE REAFFIRMING THE MITIGATED NEGATIVE DECLARATION AND APPROVING A PLANNED DEVELOPMENT, DENSITY BONUS AND DESIGN REVIEW FOR VACAVILLE SENIOR MANOR AT LAWRENCE DRIVE RESOLUTIONS OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT WITH SENIOR MANOR, LLC, FOR THE DEVELOPMENT OF AN AFFORDABLE SENIOR-RESTRICTED APARTMENT COMPLEX ON LAWRENCE DRIVE ON APN DISCUSSION: The Vacaville Senior Manor project involves a proposal to construct a three-story, seniorrestricted apartment complex and associated site and landscaping improvements on a vacant, 1.95 acre parcel located on the west side of Lawrence Drive, approximately 325 feet south of Orange Drive (see Attachment A), between the Lemon Tree Mobile Home Park and the Pontiac Buick GMC dealership. The apartment complex will include 60 senior-restricted, one-bedroom units, a common recreation room and laundry facilities. The project includes a request for a Planned Development and Density Bonus to allow an increase from 24.0 to 31.0 dwelling units per acre and other development standard exceptions. The exterior materials for the building will include scored stucco and a concrete tile roof and are similar to that of the nearby existing Marriott hotels and the Fairfield and Residence Inns. The site plan includes 66 parking spaces (30 covered) with access proposed off both Lawrence Drive and Barbara Wortham (private street). The April 17 th Planning Commission Staff Report (see Attachment B) provides a comprehensive discussion of the project and background. Disposition, Development And Loan Agreement In December 2002, the Redevelopment Agency acquired a 1.95-acre parcel of land on Lawrence Drive, adjacent to the Lemon Tree Mobile Home Park, the Marriott Fairfield Inn and the Chrysler/Dodge dealership. The Agency acquired this parcel with the express purpose of developing an affordable senior apartment complex for low-income seniors. A map of the project site is attached (Attachment A). On August 26, 2003, the Agency approved a Disposition and Development Agreement (DDA) with Dr. Richard Valeriote and his family members for the construction of a 3-story, 60-unit apartment building on this site. However, due to market conditions and costs of construction, the developer decided to postpone the development of the project and the DDA and Planned Development permit expired in In early 2006, the Valeriote family approached staff to restart discussions on the development of an affordable senior housing apartment complex. A map of the project site is attached. Over the past several months, staff and Senior Manor, LLC (an entity comprised of Valeriote family members) negotiated/reached agreement on the following business points:

2 Construction of a three story, 60 one-bedroom senior (55 years and older) apartment building for low-income seniors. Rents will be affordable to those senior households earning less than 80% of area median income ($47,350 for a two-person household). Rents will be determined based on 60% of area median income. A regulatory agreement will be recorded against the property requiring affordable rents for 55 years. The Developer will be responsible for the costs associated with the construction of half of a cul-de-sac at the end of Lawrence Drive and at the entryway to Lemon Tree Mobile Home Park. The other half of the cul-de-sac will be installed by the hotel project (Comfort Inn and Suites) that was approved on November 27, The cul-de-sac will be dedicated back to the City of Vacaville. In exchange for the income and age restrictions, the Agency will: o Sell the land to Senior Manor, LLC, for one dollar ($1.00) based on a reuse appraisal. o Provide a $2,069,257 loan to cover the cost of the land, building permits, development impact fees and construction costs. The loan terms are 55-year loan, payments deferred for the first 10 years, and amortized over the next 45 years at 4% interest, with interest accruing on the first day of the eleventh year. The Developer is responsible for obtaining all environmental approvals. A 2004 Mitigated Negative Declaration for a 60-unit senior restricted apartment was prepared for the original Lawrence Drive Senior Apartment project (Vacaville Community Development Department File No ). The Planning Commission reaffirmed that the proposed project is within the scope of the 2004 Negative Declaration at their April 17, 2007 meeting. The Housing and Redevelopment Commission unanimously recommended approval of the Disposition Development and Loan Agreement (DDLA) at its meeting held on May 30, Density Bonus The maximum density permitted by the General Plan is 24.0 dwelling units per acre. The developer is requesting a density increase from 24.0 to 31.0 units per acre, which is a 29% increase. The proposed development qualifies for a density bonus greater than 25% because 100% of the units will be restricted to senior citizens with incomes that qualify as low-income. Staff is recommending approval of the density bonus associated with this project since the proposed development exceeds the qualifying criteria and the density requested would be compatible with the surrounding land uses. As part of the density bonus approval, the applicant is required to monitor the units to ensure compliance. The City s Housing and Redevelopment Agency will monitor rent rates and household income on a yearly basis per the proposed terms of a Disposition and Development Agreement to be adopted for the project. Additional density bonus and project issue analysis is available in Attachment B. Neighborhood Meeting: A neighborhood informational meeting was held for the project on September 20, 2006, at the Lemon Tree Mobile Home Park Club House. The primary issues raised by the Lemon Tree Mobile Home Park residents were the impacts of the development on Lawrence Drive, traffic during and after its construction, and ensuring the privacy for the mobile home park residents. In response to the traffic and parking impacts, staff responded that the senior apartments would generate much less traffic than a commercial development and that during construction, the

3 applicant would be required to prepare a construction staging plan requiring the applicant to keep all equipment, materials, and vehicles on the site or a vacant property during construction. Another concern raised by the residents was the visibility of the mobile home park from the apartment complex. The applicant has designed the apartment complex with a setback of 40 feet from the property line adjoining the mobile home park, which is less than the normal 70-foot setback requirement for commercial uses from residentially zoned property. However, the applicant requests that the landscape plans serve as a way to add buffering space between the two uses and proposes to add more mature trees strategically placed to break up the view of the mobile home park pool and clubhouse from the second and third story windows. In summary, the residents were generally in support of the project, provided the developer and City implemented the measures discussed at the meeting. Planning Commission Action: The Planning Commission considered this proposal at a public hearing on April 17, A resident of the adjacent Lemon Tree Mobile Home Park spoke and had questions related to the operational characteristics of the facility, mainly inquiring if children were going to be permitted to live within the building. Staff, through the Commission was able to address all of the residents concerns, and expressed support for the project. The Commission then commended that applicant for returning with the project and added that some of the minor enhancements made over the previously approved version would be an asset to both the project and the surrounding area. At the conclusion of the hearing, the Commission unanimously voted (7-0) to recommend that the City Council approve the proposal, which includes the Density Bonus and reaffirm the Mitigated Negative Declaration. RECOMMENDATION: Take action in the order shown below: 1. City Council Action By simple motion, that the City Council of the City of Vacaville adopt a resolution reaffirming the previous Mitigated Negative Declaration and approving a Planned Development, Density Bonus and Design Review and for Vacaville Senior Manor at Lawrence Drive. 2. Redevelopment Agency Action By simple motion, that the Redevelopment Agency of the City of Vacaville adopt the resolution approving the Disposition, Development and Loan Agreement with Senior Manor, LLC for the development of an affordable senior-restricted apartment complex on Lawrence Drive on APN City Council Action By simple motion, that the City Council of the City of Vacaville adopt the resolution approving the Disposition, Development and Loan Agreement with Senior Manor, LLC for the development of an affordable senior-restricted apartment complex on Lawrence Drive on APN ATTACHMENTS: Attachment A Attachment B Site Map April 17, 2007, Planning Commission staff report (includes PC Resolution and recommended Conditions of Approval)

4 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE REAFFIRMING THE MITIGATED NEGATIVE DECLARATION AND APPROVING A PLANNED DEVELOPMENT, DENSITY BONUS AND DESIGN REVIEW FOR VACAVILLE SENIOR MANOR AT LAWRENCE DRIVE WHEREAS, the Planning Commission of the City of Vacaville, conducted a hearing on April 17, 2007, to consider the applications for a Planned Development, Design Review and Density Bonus for the Vacaville Senior Manor project; and, WHEREAS, on a 7-0 vote the Planning Commission recommended to the City Council that the previous Mitigated Negative Declaration be reaffirmed and that the applications be approved; and, WHEREAS, the City Council of the City of Vacaville, conducted a hearing on June 12, 2007, to consider a request for the Lawrence Drive Senior Apartment s Mitigated Negative Declaration, Planned Development, Density Bonus and Design Review; and WHEREAS, the applications include a request to construct a 60-unit senior and lowincome restricted apartment complex on a 1.95 acre site, related to the following described property: Located on the west side of Lawrence Drive, approximately 325 feet east of Orange Drive (between the Lemon Tree Mobile Home Park and the Pontiac Buick GMC dealership). APN: WHEREAS, the public hearing before the City Council was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the City Council received testimony from City staff and the applicant regarding the proposed project; and WHEREAS, the City Council has received and considered the Mitigated Negative Declaration for this project in accordance with the California Environmental Quality Act (CEQA) and finds: 1. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory; 2. The project does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; 3. The project does not have environmental effects which are individually limited but cumulatively considerable; 4. The project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly;

5 5. This declaration reflects the independent judgment of the City of Vacaville City Council, acting as the Lead Agency for this project, pursuant to Section of the Public Resources Code (CEQA); 6. Mitigation Measures have been incorporated into the design of the project and required in conjunction with the approval of the project; and 7. The project does not involve any environmental impacts that cannot be mitigated to a level of less than significant provided the Mitigation Measures within the Mitigated Negative Declaration are implemented. Additionally, Conditions of Approval have been added to address any new potential noise impacts as permitted by the City s Land Use and Development Code. WHEREAS, the City Council has reviewed the request for the Vacaville Senior Manor Planned Development and Design Review and finds: 1. The proposed location of the project is in accordance with the goals, objectives and policies of the General Plan, Zoning Ordinance and the Development Code; 2. The proposed location of the project and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare; 3. The combination of different dwelling types or the variety of land uses in the development will complement each other and will be compatible with surrounding land uses; 4. The standards of density, site area and dimensions, site coverage, yard area setbacks, height of structures, distance between structures, off-street parking, and landscaping are generally compatible with surrounding neighborhoods; 5. Adequate public facilities, including water, sewer, parks, schools, and other facilities are available to serve the proposed project or will be made available as a condition of approval to serve the proposed project, without adversely affecting the existing public facilities serving the surrounding neighborhoods; 6. The 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; and 7. The proposed development will not adversely affect the City s inventory of residential lands such that the goals of the Housing Element of the General Plan would not be met. WHEREAS, the City Council has reviewed the request for the Vacaville Senior Manor Density Bonus and finds: 1. That the units set aside for affordable housing will be affordable to lower or very low income households, as defined in the California Health and Safety Code, or have an age restriction for senior citizens, as set forth in the California Civil Code Section 51.3; 2. That adequate mechanisms are provided to ensure continued affordability and availability of the units to lower or very low income persons or for a senior citizen age restriction;

6 3. That the proposed development is compatible with surrounding land uses, blending in with the scale and intensity of surrounding structures through appropriate design; 4. That the proposed development utilizes existing facilities and services, including water, sewer, streets, transit, schools, parks, shopping, and other facilities, and that there are adequate facilities to accommodate the Planned Development with the Density Bonus without adversely impacting surrounding existing and proposed developments; 5. That the proposed development is not located in hillside areas with slopes of ten percent or greater; 6. That the project is consistent with the findings for approval for Planned Developments as prescribed in Chapter , Planned Developments, of this division; 7. That the approval of a Density Bonus and any additional incentives is in compliance with California Planning and Zoning Law as it pertains to the granting of a Density Bonus and is consistent with the General Plan Housing Element; and 8. That the granting of any additional incentives which waives or modifies development or zoning standards is necessary to make the housing units economically feasible. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Vacaville does hereby reaffirm the Mitigated Negative Declaration and approve the Planned Development, Density Bonus and Design Review for Vacaville Senior Manor, subject to the Conditions of Approval contained 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 City Council of the City of Vacaville, held on the 12th day of June, 2007 by the following vote: AYES: NOES: ABSENT: Council Members Council Members Council Members ATTEST: Michelle Thornbrugh, City Clerk

7 EXHIBIT A CONDITIONS OF APPROVAL PLANNED DEVELOPMENT, DENSITY BONUS AND DESIGN REVIEW FOR VACAVILLE SENIOR MANOR AT LAWRENCE DRIVE File No I. Standard Conditions of Approval: The applicant shall comply with the applicable City Standard Conditions of Approval for Residential Development. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these Conditions shall prevail. II. Standards and Specifications: The applicant shall comply with the applicable City standards and specifications. III. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNING DIVISION 1. This action approves a Planned Development, Density Bonus and Design Review for Vacaville Senior Manor to construct a three-story 60-unit senior apartment complex and associated site and landscaping improvements on a 1.95-acre site at Lawrence Drive; APN The Planned Development and Density Bonus approval allows 1) construction of a 60-unit multi-family senior housing complex; (2) an increase from 24.0 to 31.0 dwelling units per acre; (3) a reduction in the number of covered parking spaces required from 60 to 30; (4) a reduction in the private open space requirement for the RH (Residential High Density) zoning district; (5) a setback reduction from the residentially zoned property to the south from 50 feet to 40 feet; and (6) a three-story building within 70 feet of a residentially zoned property. 2. The applicant shall comply with the mitigation measures outlined in the Mitigated Negative Declaration prepared for the project. 3. All plans submitted for construction permits shall conform to the approved project plans date stamped received February 21, 2007, and on file with the Planning Division. 4. A construction phasing and staging plan shall be submitted for Planning Division review and approval prior to the issuance of any construction permits. The plan shall be submitted with the plans submitted for Building Permits and shall include at a minimum: a. No construction equipment or vehicle parking on Lawrence Drive; b. Location of all equipment and materials; and c. Dust control measures. 5. The maximum density on the site shall be 31.0 units/acre and shall consist of 60 onebedroom units. 6. The building shall be setback a minimum of 40 feet from the shared property line between the project site and the adjacent mobile home park. 7. A minimum of 66 (30 covered) off-street parking spaces shall be provided on-site. All standard parking spaces shall be a minimum of nine feet wide by 20 feet deep; all compact parking spaces shall be a minimum of nine feet wide by 16 feet deep (two feet of overhang into landscaping area is permitted in both cases). All carport parking

8 spaces shall be a minimum of 9 feet 2 inches wide by 20 feet deep (2 feet of overhang into landscaping area is permitted). 8. All drive aisles shall be a minimum of 25 feet in width. 9. The maximum height of the building shall be three-stories or approximately 35 feet, measured from the mean distance of the eave line to the peak of the roof. 10. There shall be no exterior, window-mounted air conditioning units. The exterior vents provided for the air conditioning units shall be of an architectural grade material. The final materials used for the vents shall be subject to review and approval by the City Planner. 11. Prior to the issuance of any construction permits, the final design of the carports shall be submitted for Planning Division review and approval. The carport roof design shall be pitched to match the proposed residential building. The materials and colors shall generally match the apartment building, subject to Planning Division review and approval. 12. The final design of the vehicular access gate shall provide for adequate vehicle turnaround. The gates shall be left open during daytime hours (7:00 a.m. to 7:00 p.m.). This requirement shall be posted on the site at the gate. 13. The applicant shall install an eight-foot tall decorative, masonry block wall along the property line that adjoins the Fairfield Inn. Prior to the issuance of any construction permits, the final design and color of the walls shall be submitted for Planning Division review and approval. 14. Prior to the issuance of any construction permits, the applicant shall submit for Planning Division review and approval, design details for any decorative gate and fencing utilized along the site perimeter. 15. A minimum of 50 percent of all new site trees shown on the landscape plan shall be at least 24-inch box size or larger. 16. The applicant shall work with staff on field locating all new site trees along the property line adjacent to the Lemon Tree Mobile Home Park prior to planting. These trees shall be a species that matures to height of at least 20 to 25 feet and/or is equivalent to the height of building, in order to provide the intended screening as required by this approval. Final location, type and size for these trees shall be subject to Planning Division review and approval. 17. All new landscaping shall comply with the Water Efficient Regulations. The final landscape and irrigation plans shall be submitted with the building permit submittal and are subject to Planning Division and City Landscape Architect review and approval. 18. A parking lot shade plan shall be submitted and implemented which demonstrates that 50 percent of the parking lot will be shaded in 10 years. 19. All walkways shall be shown on the plans submitted for building permits. All walkways shall be a minimum of 4 feet wide, free of any obstruction. 20. Additional amenities shall be provided within the common recreational spaces, inside and outside of the building, to the satisfaction of the Planning Division. These amenities

9 may include, but are not limited to, tables, chairs, couches, shuffle boards, barbeques, et cetera. Prior to the issuance of any construction permits, a detail of the amenities being provided shall be submitted for Planning Division review and approval. 21. All above ground equipment (i.e. air conditioning condensers, backflow prevention devices, etc.) shall either be located within equipment wells deep enough so that all equipment units on their curbs are below the height of the parapet walls on top of the building and not visible from the public right of way to the satisfaction of the Community Development Director, located within attic spaces, and/or adequately screened by landscaping or hardscape complimentary to the site plan and building architecture. The specific locations of these structures shall be shown on all plans submitted for construction permits and are subject to Planning Division review and approval. 22. Prior to the issuance of any construction permits, the applicant shall submit for Planning Division review and approval, a lighting and photometric plan that provides decorative and parking lot lighting standard design details, as well as illustrates compliance with all City standards. 23. No signage is approved with this action. All new signs shall comply with the City s Sign Ordinance, and shall be subject to Planning Division review and approval. 24. Within 60 days of final approval of the project, the applicant shall install a sign at Lawrence Drive, which identifies the site as a planned site for multi-family housing. The sign shall be a minimum of 32 square feet in area with a maximum height of 10 feet. The location, design and copy of the sign shall be submitted for City Planner for review and approval. 25. Prior to the issuance of any construction permits, the applicant shall submit for Planning Division review and approval, trash enclosure design details demonstrating compliance with City standards. The enclosure shall be constructed of materials, textures and colors that generally match the building. 26. Prior to the issuance of any construction permits, the applicant shall submit an addendum to the noise analysis that provides specific barrier structure type and height recommendations that would reduce the noise impacts to the front facing patios to a level closer to the City s maximum requirement of 60 dba as permitted by the City s Land Use and Development Code. The applicant shall submit design details for these barriers for Planning Division review and approval prior to the issuance of any construction permits. 27. Prior to the issuance of any construction permits, the applicant shall receive City Council approval of a Disposition and Development Agreement with the City and comply with all requirements of said agreement. DEVELOPMENT ENGINEERING DIVISION/TRAFFIC ENGINEERING DIVISION/UTILITY DIVISION 28. Encroachment Permit. The applicant shall obtain an encroachment permit for any work to be constructed within the public right of way, and shall pay all City fees and post the necessary bonds for obtaining such permit. 29. Dedication of ROW and Easements. The applicant shall dedicate additional right of way along its Lawrence Drive frontage such that the new right of way line is 50 feet from the proposed centerline of the proposed cul-de-sac per the City Standard Specifications.

10 The applicant shall also dedicate an additional 10 foot wide Public Utilities Easement behind the existing and proposed right of way lines. 30. Lawrence Drive Improvements. Prior to occupancy, the applicant shall repair all damaged curb and gutter, construct their half of the Lawrence Drive cul-de-sac, slurry seal the remaining portion of the street, re-stripe the centerline, install a 5 foot wide sidewalk with barricade at the Lemon Tree Mobile Home Park, and install R26 No Parking signs along the project frontage per the City Standard Specifications. 31. Site Entrances. The applicant shall install minimum 30 foot standard commercial driveways to the site and meet City Sight Distance requirements in accordance with the City Standards. The applicant shall also install stop signs, limit lines, directional pavement arrows at all of the driveways to the satisfaction of the Director of Public Works. 32. Driveway Security Gate. It is understood that the driveway security gate will be open during daylight hours and closed from dusk to dawn. The applicant shall post signs for truck delivery hours while the gate is open. The applicant shall also provide Auto-Turn sketch for the largest passenger car turnaround (three-point or u-turn) without backing up onto the public right of way, and install No Parking signs and striping to preclude parked vehicles in the turnaround area. This will ensure that vehicles can turn around safely if the security gate access is denied. 33. Water System. Without water system improvements, the maximum available fire flow on Lawrence Drive is approximately 2,700 gallons per minute for a looped 8 inch main. The on-site fire flow determination is the responsibility of the Vacaville Fire Department, therefore, should the on-site fire protection requirements exceed the fire flow that can be provided by the public water system, water system improvements may be needed. 34. Pretreatment. The applicant shall comply with the following pretreatment conditions: a. The laundry room washers shall be equipped with a lint trap; b. The elevator shall not discharge oils or other fluids to the sanitary sewer or storm drain. A blind sump is acceptable; and c. Floor drains are allowed in the public restrooms only. A mop sink is allowed in the janitor rooms. 35. Construction Coordination. The applicant shall coordinate the Lawrence Drive street improvements with the proposed Comfort Suites project across the street. Lawrence Drive and the Lemon Tree Mobile Home Park entrance shall remain open at all times. FIRE DEPARTMENT 36. An approved on-site water supply of 2,500 g.p.m., capable of supplying the required fire flow for on-site fire protection shall be provided to all premises upon which buildings are constructed. The proposed on-site fire hydrant locations are acceptable to the Fire Department. 37. Fire hydrants shall be installed by the applicant and made serviceable prior to any combustible building materials being delivered or stored on the site and during the time of construction. 38. Access roads with a minimum unobstructed width of 20 feet shall be provided to the front and rear of structures. A minimum vertical clearance of 13 feet 6 inches shall be

11 provided. Access roads shall be engineered to support the imposed load of the apparatus which is typically 25 tons and shall be designed per the City Public Work s Department Standards. 39. An access road shall be provided to within 150 feet of all exterior walls of the first floor of the building(s). The route of the access road shall be approved by the Fire Marshal. 40. Dead-end access roads in excess of 150 feet in length shall be provided with an approved means for turning around the apparatus. The final design of the turnaround shall be reviewed and approved by the Fire Marshal prior to installation. 41. The Fire Marshal shall identify on the final site development plans all Fire Lanes and areas where parking is to be restricted. The location of these lanes, signage, and curb painting shall be determined at the sole discretion of the Fire Marshal. 42. Subject to the review and approval of the Fire Marshal, an Automatic Fire Sprinkler System shall be installed in accordance with N.F.P.A. 13. Any fire sprinkler system with over one-hundred (100) heads shall be monitored for water flow by a central station approved by the Fire Marshal. 43. When multiple control valves and Fire Department Connections (F.D.C.) are installed in close proximity to one another, a signal device shall be installed on each (F.D.C.) which will be audible or visual either upon activation to clearly define which system has specifically been activated. The type of device shall be approved by the Fire Marshal. 44. A Manual Fire Alarm System, including a fire alarm control panel and all other associated equipment and devices according to the applicable standards published by N.F.P.A. shall be installed to the satisfaction of the Fire Marshal. The fire alarm panel shall clearly identify the location of the specific alarm within the building. Codes to silence the alarm system shall be provided within the fire alarm panel or Knox Box. Plans and specifications shall be submitted to the Fire Department for review and approval prior to installation. 45. An approved automatic fire extinguishing system shall be provided over all cooking appliances and within the associated exhaust hood plenum and duct piping. Plans and specifications shall be submitted to the Fire Department for review and approval prior to the issuance of any building permits. 46. The Fire Marshal shall approve the location, number, and sizes of all portable fire extinguishers prior to the issuance of any building permits. 47. All fire protection systems including, but not necessarily limited to, fire sprinkler systems, fire alarm systems, and fixed fire extinguishing systems must comply with the latest standards published by the National Fire Protection Association, (NFPA), except where specifically amended modified by Fire Department policy or ordinance. 48. Plans and specifications for the installation of any new fire protection and/or detection systems or any modification to an existing system shall be submitted to the Vacaville Fire Department for review and approval prior to installation. 49. All detailed plans and specifications for private fire protection and or detection systems shall be submitted separately to the Fire Marshal for review and approval. Prior to the issuance of any grading or Building Permits, the applicant shall integrate the approved plans for fire protection and detection systems into the plans submitted to the Vacaville Community Development Department for all civil improvements.

12 50. All dumpsters or trash containers with an individual capacity of 1.5 cubic yards or more shall not be stored in buildings or placed within five feet of combustible walls, openings, or combustible roof eave lines unless protected by an automatic sprinkler system approved by the Fire Marshal. 51. An acceptable emergency access key box (Knox Model 1300) shall be located to the right side of the main entrance, no higher than six feet from the ground. This key box shall be easily visible and accessible to the Fire Department. A Knox sticker shall be affixed on the door adjacent to the Knox Box. 52. Obtain a Knox application from the Fire Administration offices. 53. Approved numbers or addresses shall be placed on all new and existing 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. Unless specifically exempted by the Fire Marshal, address numbers are also required on rear doors. 54. The minimum size dimension of street numbers shall be as specified in Table 1. Numbers shall be in contrasting colors to their backgrounds. Where a building is set back from the street or road fronting the property, and where addresses may not be clearly legible due to distance from the street or roadway, landscaping and architectural features or other obstructions, address posting shall be required both at the street driveway serving such building and on the building. Individual condominiums, commercial suites, and apartments shall have numbers and letters installed in accordance with this policy and Table 1. Numbering and lettering shall be in logical sequence within the building. TABLE 1 Distance to Building Measured fromnumber HeightSize of Letter Center of Roadway Inches Inches 20 feet 4 3/ /4 Over /2 POLICE DEPARTMENT 55. The property shall enroll as a member of the Crime Free Multi-Housing program and meet the following requirements: a. The manager and/or leasing agent and maintenance crew will need to attend the City Police Department s eight hour Phase 1 training session prior to offering the tenants residency; b. All tenants shall be pre-screened from both a criminal and credit perspective per a written criteria for screening standard approved by the City Police Department; and c. All tenants shall sign the Crime Free Lease Addendum. 56. The following Crime Prevention through Environmental Design (CPTED) standards shall be utilized: a. Three inch screws shall be utilized to increase the security of the deadbolt on each unit; b. A secondary locking position type window shall be utilized on each unit; c. A secondary locking mechanism type sliding door shall be utilized on each unit; d. Provide a minimum of four to six foot-candle lighting within the parking lot area; and e. Maintain and prune landscaping per Crime Free Standards.

13 RESOLUTION NO. RD RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE APPROVING THE DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT WITH SENIOR MANOR, LLC, FOR THE DEVELOPMENT OF AN AFFORDABLE SENIOR-RESTRICTED APARTMENT COMPLEX ON LAWRENCE DRIVE ON APN WHEREAS, the Vacaville Redevelopment Agency owns property intended for residential development on Lawrence Drive on APN ; and WHEREAS, Senior Manor, LLC seeks to acquire said parcel to develop a 60-unit apartment complex for residence by householders 55 years and older, with household income below 80% of the Solano County Median Income, with rent not to exceed 30% of 60% of the Solano County annual median income; and WHEREAS, the Agency purchased the property to remove blight and for the future development of affordable senior-restricted housing, and the construction of the proposed apartment complex will remove blight and provided needed housing in Vacaville; and WHEREAS, the subject parcel is within the Vacaville I-505/80 Redevelopment Project Area (the Redevelopment Plan ), adopted on July 12, 1983 by Ordinance No as amended, and the transfer of property is consistent with the Redevelopment Plan and the Redevelopment Implementation Plan adopted pursuant to Section of the Health and Safety Code; and WHEREAS, the proposed transfer of property will assist in the further elimination of blighting conditions inside the Redevelopment Project Area by eliminating the occurrence of dumping of rubbish on the site and developing a parcel with very limited commercial visibility; and WHEREAS, the Agency would sell the land for the construction of the 60-unit seniorrestricted affordable apartment complex and will make a loan to Senior Manor, LLC outlined in the Disposition Development and Loan Agreement (DDLA) to achieve the public benefits of increasing the supply of affordable housing for seniors, and by improving the vacant lot appearance which has been the target of dumping of garbage, debris, and appliances; and WHEREAS, the land value is not less than the reuse value of the property taking into account the uses, covenants, conditions, and development costs required by the DDLA including; the requirement that residency be restricted to individuals 55 years of age and older, with household incomes not to exceed 80% of the Solano County median, with rents not to exceed 30% of 60% of 1/12 th of the Solano County median annual income, and with these provisions enforced for 55 years by a Regulatory Agreement recorded against the property; and WHEREAS, adoption of the DDLA is consistent with Negative Declaration , adopted in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, subsequent applications for development of the subject parcel shall be required to comply with the applicable sections of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Vacaville does hereby approve the Disposition Development and Loan Agreement with Senior Manor LLC for the Development of an affordable senior-restricted apartment project on Lawrence Drive on APN , and authorizes the Executive Director or his designee to execute, implement and make minor modifications to the Agreement.

14 I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a noticed joint meeting of the City Council and the Redevelopment Agency of the City of Vacaville, held on the 12 th day of June, 2007, and approved by the following vote: AYES: NOES: ABSENT: ATTEST: By: Michelle A. Thornbrugh, Recording Secretary

15 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING THE DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT WITH SENIOR MANOR, LLC, FOR THE DEVELOPMENT OF AN AFFORDABLE SENIOR-RESTRICTED APARTMENT COMPLEX ON LAWRENCE DRIVE ON APN WHEREAS, the Vacaville Redevelopment Agency owns property intended for residential development on Lawrence Drive on APN ; and WHEREAS, Senior Manor, LLC seeks to acquire said parcel to develop a 60-unit apartment complex for residence by householders 55 years and older, with household income below 80% of the Solano County Median Income, with rent not to exceed 30% of 60% of the Solano County annual median income; and WHEREAS, the Agency purchased the property to remove blight and for the future development of affordable senior-restricted housing, and the construction of the proposed apartment complex will remove blight and provided needed housing in Vacaville; and WHEREAS, the subject parcel is within the Vacaville I-505/80 Redevelopment Project Area (the Redevelopment Plan ), adopted on July 12, 1983 by Ordinance No as amended, and the transfer of property is consistent with the Redevelopment Plan and the Redevelopment Implementation Plan adopted pursuant to Section of the Health and Safety Code; and WHEREAS, the proposed transfer of property will assist in the further elimination of blighting conditions inside the Redevelopment Project Area by eliminating the occurrence of dumping of rubbish on the site and developing a parcel with very limited commercial visibility; and WHEREAS, the Agency would sell the land for the construction of the 60-unit seniorrestricted affordable apartment complex and will make a loan to Senior Manor, LLC outlined in the Disposition Development and Loan Agreement (DDLA) to achieve the public benefits of increasing the supply of affordable housing for seniors, and by improving the vacant lot appearance which has been the target of dumping of garbage, debris, and appliances; and WHEREAS, the land value is not less than the reuse value of the property taking into account the uses, covenants, conditions, and development costs required by the DDLA including; the requirement that residency be restricted to individuals 55 years of age and older, with household incomes not to exceed 80% of the Solano County median, with rents not to exceed 30% of 60% of 1/12 th of the Solano County median annual income, and with these provisions enforced for 55 years by a Regulatory Agreement recorded against the property; and WHEREAS, adoption of the DDLA is consistent with Negative Declaration , adopted in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, subsequent applications for development of the subject parcel shall be required to comply with the applicable sections of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Vacaville does hereby approve the Disposition Development and Loan Agreement with Senior Manor LLC for the Development of an affordable senior-restricted apartment project on Lawrence Drive on APN , and authorizes the Executive Director or his designee to execute, implement and make minor modifications to the Agreement.

16 I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a noticed joint meeting of the City Council and the Redevelopment Agency of the City of Vacaville, held on the 12 th day of June, 2007, and approved by the following vote: AYES: NOES: ABSENT: ATTEST: By: Michelle A. Thornbrugh, City Clerk

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