Report generated: 09/22/2026 16:07 imallory krcn
User: 6582
Program ID: apch
Item 9.j
City of Vacaville, CA
- Live
. ii«'* I'!5
AP CHECK RECONCILIATION REGISTER Oo\f
c
FOR CASH ACCOUNT: 9999.00.0000.1011
UNCLEARED ■CLEARED-; BATCH CLEAR DATE [CHECK- # CHECK- DATE TYPE T; •VENDOR -NAME 2,480.00
5,446.93
1,000.00
2,150.33
13,526.00
120.40
3,212.50
2,953.21
350.00
82.66 1,548.60
3,352.13
240.80
60.20 70.00
240.80
567.00
2,607.98
9,825.60
931.92
1,127.41
1,000.00
6,975.38
15.00 402.00
201.00
285.60
471.69
10,363.50
3,887.52
42,497.00
163.00
1,800.00
21,548.07
5,808.77
576.20
4,785.45
15,227.50
53,940.39
3,493.39
59.46 1,819.53
10,541.25
300.00
3,240.00
48,820.38
7,800.00
2,500.00
3,204.00
60.20 259.20
80,830.00
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
09/24/2026
006059
007060
044561
012274
041060
045090
044498
000627
008979
045224
044380
044131
045491
045093
001980
045490
001847
035250
044132
044999
041974
045325
038558
045277
099997
099997
099997
012519
045167
042155
044367
003603
044990
040161
003725
043665
043668
004696
036919
037667
009300
044699
043204
041126
035139
040471
045029
043442
006799
044902
045334
042358
582825
582826
582827
582828
582829
582830
582831
582832
582833
582834
582835
582836
582837
582838
582839
582840
582841
582842
582843
582844
582845
582846
582847
582848
582849
582850
582851
582852
582853
582854
582855
582856
582857
582858
582859
582860
582861
582862
582863
582864
582865
582866
582867
582868
582869
582870
582871
582872
582873
582874
582875
582876
JACK ANTHONY INDUSTIRES,
ALL ABOUT PLAY
AMERICAN TIRE RECYCLING,
AMERINATIONAL COMMUNITYS
ANDREF CAROLLO
ANGEL GARCIA MARTINEZ
ARDURRA GROUP INC
ASBURY ENVIRONMENTAL SERV
AT&T
BLUETRITON BRANDS INC
TONZEL PRINCE
BPR CONSULTING GROUP LLC
BRENNA GLISCHINSKI
BRIDGETTE CHOATE
CALIFORNIA, STATE OF SWRC
CAITLIN LOVELLA-NORTONEN
CALIFORNIA, STATE OF DEPT
CAPITOL BARRICADE, INC
3AMES CARLTON
CASTLE& KING
CITRUS HEIGHTS MOWER LLC
ASCENDANT STRATEGY MANAGE
COAST COUNTIES PETERBILT
JOYCE OREN ARNETTA BERRY
K. HOVNANIAN HOMES
MATT MILLON
YANCEY HOME IMPROVEMENT
CITY OF VACAVILLE UTILITY
COVERED6 LLC
JOSE JESUS DIOSDADO CISNE
DOMENICHELLI& ASSOCIATES
DOWNTOWN VACAVILLE BUSINE
DANIELJ QUINONEZ
DUBOIS CHEMICALS, INC.
EAST BAY TIRE CO
ERIN MORRIS
FUTURE AUTOMOTIVE FAIRFIE
GEOCON CONSULTANTS, INC
GOLDEN STATE EMERGENCY VE
HINDERLITER, DE LLAMAS&
CITY OF VACAVILLE- HR DE
1-505 Truck repair, llc
INFINITY TECHNOLOGIES
EDGAR A. COMBONG
JT MARTIN TRUCKING INC
KARLA'S JANITORIAL& SUPP
KRISTEN BENNETT
LUIS R. GOMEZ
LARRY WALKER ASSOCIATESI
LETICIA VALENZUELA
LORRENCE DUNGCA
LSL, LLP
PRINTED
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Page
1 Report generated: 09/22/2026 16:01 jmallory krcn
User: 6582
Program ID: apch
Item 9.j
?'T^133
City of Vacaville, CA- Live
AP CHECK RECONCILIATION REGISTER
FOR CASH ACCOUNT: 9999.00.0000.1011 FOR: uncleared
.‘■UNCLEARED/,.. ‘CLEARED, BATCH CLEAR DATE- IGHECK,;# k:CHECI$^:;DATE TYPE ,i VENDOR..-NAME 3,500.00
513.56
17,024.50
10,413.00
120.40
7,000.00
108.66
6,604.65
1,141.39
14,500.00
15,346.09
400.00
168.00
324.00
168.00
168.00
750.00
1,500.00
339.65
2,037.88
24.00 218.75
7,000.00
3,500.00
250.00
183.72
40,371.47
639.81
182.96
998.55
800.00
1,614.50
2,272.00
222.39
7,580.57
1,030.01
12,500.00
21,600.00
30,684.81
421.69
266.55
1,032.43
91.64 215.50
1,143.59
5,014.00
137.60
601.00
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09/24/2026 PRINTED
007210 LUHDORFF& SCALMANINI CON
007259M&M SANITARY LLC
045437 METROPOLITAN PLANNING GRO
043464 MANAGEMENT ADVISORY SERVI
044812 MARCUS REYNOSO
044355 MEEDER PUBLIC FUNDS, INC
026323 AMS.NET, INC. 099996 WILLIAMBOEHM
007855 MTC
041799 MTS TRAINING ACADEMY
043029 NEW IMAGE LANDSCAPE COMPA
027737 OLD REPUBLIC TITLE COMPAN
099993 CHAD PANANGANAN
099993 FOUSIO SAELEE
099993 FRANK BOOTH, INC. 099993 JULIA HAHN
099993 VACAVILLE NATIONAL LITTLE
099993 VACAVILLE NATIONAL LITTLE
001058 PEYMAN BEHVAND
040359 PLATT ELECTRIC SUPPLY
009482 PEACE OFFICERS RESEARCHA
044310 PRECISION CIVIL ENGINEERI
099995 DeSilva Gates Constructio
099995 O.C. Jones& Sons
099995 Underground Electric Cons
043491 CALWEN INC
005888 RICOH USA, INC.
044607 HOYA OPTICAL LABS OF AMER
040363 SAMANTHA BROWN
039621 SERVPRO OF VACAVILLE
041511 TIM ORR
011233 SOLANO, COUNTY OF
011233 SOLANO, COUNTY OF
012566 SOLTRANS, SOLANO CTY TRAN
043952 SOUTHWEST VALVE& EQUIPME
044501 SUNBELT RENTALS, INC.
041120 SWIFTCOMPLY US OPCO, INC
038760 TARGETSOLUTIONS LEARNING,
044140 TRB AND ASSOCIATES, INC.
044671 U-ROCK UTILITY EQUIPMENT
099992 NEWTON, AME
045003 HD SUPPLY, INC
012416 VACA SAFE& LOCK
012514 VACAVILLE TOW, INC
025458 VERIZON WIRELESS
044053 VICTORIA GARRISON
045092 VICTORIA PINKINS
013485 YOLO-SOLANO AIR QUALITYM
582877
582878
582879
582880
582881
582882
582883
582884
582885
582886
582887
582888
582889
582890
582891
582892
582893
582894
582895
582896
582897
582898
582899
582900
582901
582902
582903
582904
582905
582906
582907
582908
582909
582910
582911
582912
582913
582914
582915
582916
582917
582918
582919
582920
582921
582922
582923
582924
100 CHECKS CASH ACCOUNT TOTAL 607,495.27 .00
Page
2 Report generated: 09/22/2026 16:01 imallory
krcn
user: 6582
Program ID: apch
Item 9.j
/
City of Vacaville, CA - Live
AP CHECK RECONCILIATION REGISTER
IJNlgliEAREa .^\1te.r'^EEEARED?,.:-^
100 CHECKS FINAL TOTAL 607,495.27 .00
END OF REPORT - Generated by Jennifer Mallory *Vr **
Report generated: 09/22/2026 16:01 3
2imaHory hkrcn
Page user: 6582
Program id: ape
Item 9.j
Item 9.j
Item 9.j
Item 9.j
Item 9.j
Item 9.j
Item 9.j
Check Register Report
9/23/2026
Date Range;
VMS Date Range:
Program:
Payment Type:
Check Numbers:
Direct Deposit;
Check Cleared;
Port Status:
Zero HAPs;
Voided Payments:
Held Checks:
10/1/2026...10/1/2026 Grouped by: Agency
Sorted by: Check Number
All
All
Include Port Ins
Include Zero HAPs
Include Voided Payments
Exclude Held Checks
Solano County Housing Authority
Check Number Check Date VMS Date Payee Name DD Amount
* □ 237883
□ 237884
□ 237885
□ 237886
□ 237887
□ 237888
□ 237889
□ 237890
□ 237891
□ 237892
□ 237893
□ 237894
□ 237895
□ 237896
□ 237897
□ 237898
□ 237899
□ 237900
□ 237901
□ 237902
□ 237903
□ 237904
□ 237905
□ 237906
□ 237907
□ 237908
□ 237909
□ 237910
□ 237911
□ 237912
□ 237913
□ 237914
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
01/23/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
09/01/2026
3 Red Divas DBA Distinctive Real
anthony Silas
Antrice T Minor
Benicia Housing Authority
Cortez, Raul
County of Yuma AZ dba Yuma County □
Damario D. Wilson
Eddreka L. Morgain
El Dorado County Public Hsg Agcy
Esperson, Gary M. & Kimberly J.
Etta J Cooper
Fairfield Housing Authority
Housing Authority of the County of
Housing Authority of the County of
Izaak D Casey Woodruff
John L. Wright
Josephine B. Neal
Justin Morgan
Keenan Howard Realty, Inc.
Ketra D Jasper
King Properties Inc
Krystie Property Management Inc
Lynn E Holman
Maged Botros Awadalla
Maureena S. Thompson
Mia Smith
Michael Rogers Sr
Napa City Housing Authority
Pamela L Hergenroeder
Reginald L Simmons
Robben, Robert
San Francisco Housing Authority
Check Register Report
$1832.00
$2630.00
$107.00
$2464.29
$1339.00
$797.26
$110.00
$81.00
$2094.90
$1871.00
$132.00
$1960.58
$1998.09
$46528.61
$336.00
$334.00
$61.00
$881.00
$2702.00
$66,00
$1906.00
$1253.00
$213.00
$1802.00
$306.00
$258.00
$618.00
$3143.29
$83.00
$90.00
$7952.00
$6132.58
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
Copyright © 2011-2026, HAPPY Software, Inc. APA 09/23/2026 Page 1 Item 9.j
□ 237915
□ 237916
□ 237917
□ 237918
□ 237919
□ 237920
□ 237921
□ 237922
□ 237923
□ 237924
□ 237925
□ 237926
□ 237927
□ 237928
□ 237929
□ 237930
□ 237931
□ 237932
□ 237933
□ 237934
□ 237935
□ 237936
□ 237937
□ 237938
□ 237939
□ 237940
□ 237941
□ 237942
□ 237943
□ 237944
□ 237945
□ 237946
□ 237947
□ 237948
□ 237949
□ 237950
□ 237951
□ 237952
□ 237953
□ 237954
□ 237955
□ 237956
□ 237957
□ 237958
□ 237959
□ 237960
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
04/18/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
Sherrick L Rives
Simon Tanios
Sonya Ruiz
Suisun Housing Authority
Sumit Sarin
Tanisha Jackson
Toinenisha L Hicks
Vallejo Housing Authority
Vallejo Housing Authority
West Wind MHP Rio Vista LLC
Wilippo, Barbara
Yolo County Housing Authority
2018-3 IH Borrower LP
Amanda Kozokas
Anita J Yaffe dba New City Realty
Armoni Broussard
Ascher, Adam
Avanath Lincoln Creek, LP
Avanath Lincoln Creek, LP
Benjamin L Rivera
Brian Palkowski
Briggs, Donna
Byrd, Brendan
CDR Investors AKA Casitas Del Rio
City of Pittsburg Housing Authority
Conative Management Inc.
Dave Gwynn
Diablo Pacific, Inc
Dixon Housing Investors, LP.
Fairfield Bristol LP DBA Bristol Apts
Figueroa, Teresa B.
Freitas, Leonard
Gayathri Konda
Gregory John Knoblich
Grewal, Sukhwinder Singh
Gridley Gomes, Julie A.
Harmon, N. Perry & Jeanine L.
Heritage Commons LP
Heritage Commons Phase II
Heritage Commons Phase III LP
Hershell Standfill, Jr & Alena Standfill K1
I’m Enterprising Inc DBA Solano
Independence In Dixon c/o Lewis
Insight Housing
Jason Jurgens
Jenkins, Gary &/or Greta Jenkins
$242.00
$475.00
$103.00
$2268.29
$1562.00
$1740.00
$147.00
$26622.03
$2240.74
$107.00
$3451.00
$8267.45
$2179.00
$1890.00
$2723.00
$2700.00
$1166.00
$34017.00
$27513.00
$1148.00
$1560.00
$5737.00
$1625.00
$1420.00
$4656.58
$1659.00
$1108.00
$3715.00
$24288.00
$9560.00
$1111.0C
$860.00
$2000.00
$3407.00
$1530.00
$1296.00
$2943.00
$3857.00
$312.00
$8171.00
$1261.00
$4778.00
$6066.00
$4083.00
$1000.00
$539.00
□
□
□
□
□
□
□
□
□
□
□
IS
IS
IS
IS
IS
10/01/2026 IS
10/01/2026
10/01/2026
IS
IS
10/01/2026
10/01/2026
09/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
10/01/2026
10/01/2026
Copyright © 2011-2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 2 Item 9.j
□ 237961
□ 237962
□ 237963
□ 237964
□ 237965
□ 237966
□ 237967
□ 237968
□ 237969
□ 237970
□ 237971
□ 237972
□ 237973
□ 237974
□ 237975
□ 237976
□ 237977
□ 237978
□ 237979
□ 237980
□ 237981
□ 237982
□ 237983
□ 237984
□ 237985
□ 237986
□ 237987
□ 237988
□ 237989
□ 237990
□ 237991
□ 237992
□ 237993
□ 237994
□ 237995
□ 237996
□ 237997
□ 237998
10/01/2026 ISI
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
11/01/2025
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
JO & Tl Investment, LLC
Juan Javier Santa Maria
Judy Pendley
Kappel & Kappel
Karin Nichols
Kelly Company
Kelly Yang
KSQUARE LANDING LLC
Landmark Realty, LLC, Attn; Property El
Larry P & Betty A Davis
Leonidas Soukeris
Link & Link Real Estate, Inc.
MacDonald, Marianne
Manik Sharma
Marathon Properties, LLC
Messina Realty, Inc.
Michael Young
Michaels, Anita & August, Jeffery
Moonlight Housing Partners LP
MPBCA Holdings 3, LLC
Prospers Homestead Partners, L.P.
RCI Dixon Owner LLC, The Mews
Rio Vista RV Park LLC
Robert Schady
Roberts, Mark Joseph &/or Terri Ann
Royzell Hall
Sacramento Housing &
SFZYC INC
Silvey Villas Partners, L.P.
Silvey Villas Partners, L.P.
Star Rentals
Summit Props, Inc.
Tag Realty
The Sayles Group
Vacaville Housing Authority
Vacaville Housing Authority
Watson Ranch
Yu-ruo Wang
$2317.00
$910.00
$1413.00
$2096.00
$1258.00
$3097.00
$2433.00
$6345.00
$4290.00
$966.00
$2249.00
$5287.00
$615.00
$2694.00
$4496.00
$4489.00
$1333.00
$5065.00
$4821.00
$825.00
$24945.00
$21747.00
$783.68
$1378.00
$887.00
$1010.00
$2279.29
$2405.00
$30552.00
$117.00
$3495.00
$2048.00
$1841.00
$4220.00
$15885.61
$96.29
$2689.00
$2337.00
IS
El
IS
El
IS
El
El
IS
IS
El
10/01/2026 IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
El
El
El
El
El
El
10/01/2026 E
10/01/2026
10/01/2026
E
E
10/01/2026 E
Solano County Housing Authority Total
Average
Unit Count
Average Weighted by Unit Count
Hard to House Count
$486,901.56
$1,352.50
266
$1,660.66
Copyright ©2011-2026, HAPPY Software. Inc. Check Register Report APA 09/23/2026 Page 3 Item 9.j
Check Register Report
9/23/2026
Date Range;
VMS Date Range:
Program:
Payment Type;
Check Numbers;
Direct Deposit:
Check Cleared;
Port Status:
Zero HAPs:
Voided Payments:
Held Checks:
10/1/2026... 10/1/2026 Grouped by; Agency
Sorted by: Check Number
All
All
Include Port Ins
Include Zero HAPs
Include Voided Payments
Exclude Held Checks
Vacaville Housing Authority
t/*Check Number Check Date VMS Date Payee Name DD Amount * □ 237999
□ 238000
□ 238001
□ 238002
□ 238003
□ 238004
□ 238005
□ 238006
□ 238007
□ 238008
□ 238009
□ 238010
□ 238011
□ 238012
□ 238013
□ 238014
□ 238015
□ 238016
□ 238017
□ 238018
□ 238019
□ 238020
□ 238021
□ 238022
□ 238023
□ 238024
□ 238025
□ 238026
□ 238027
□ 238028
□ 238029
□ 238030
Alameda City Housing Authority □
Alameda County Housing Authority
Alex Mario
$21606.52
$1883.29
$114.00
$457.00
$92.00
$525.00
$3152.58
$307,00
$60.00
$131.00
$786.00
$87.00
$107.00
$1695.00
$79.00
$75.00
$4334.00
$73.00
$1261.05
$4073,29
$184.00
$162.00
$307.00
$122.00
$2133.00
$476.00
$124.00
$1418.00
$82.00
$146.00
$3427.58
$1752.25
APA 09/23/2026 Page 1
10/01/2026
10/01/2026
02/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
07/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
□
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
Amy Edwards □
Arthur L Amos
Ashley Rene Paige Gaona
Benicia Housing Authority
Blanca C Guerra
Brian K. Bodish
Brittney Woodards
C&C Property Management
Candance Cureton
Candy Uribe
Caro, Miguel & Sonya
Catalina Chavez
Catherine Prather
Chandler Properties
Chloe Becerra
City of Rockwall Housing Authority dba □
Contra Costa County Housing
Danielle E. Guizar-Gloria
Danny Cotton
Daryl Douglas Turner Jr
David C Jordan
David Camp DBA Camp Family Trust □
David R. Arhke DBA Alamo Mobile
Dawn E. Jackson
De Castro, Michael J
Ebelia Ortiz
Elesia Summers
Fairfield Housing Authority
Georgia Dept, of Community Affairs
Check Register Report
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□
□
□
□
□
□
□
10/01/2026 □
10/01/2026
10/01/2026
□
□
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
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□
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□
□
□
□
□
□
□
□
□
□
□
Copyright © 2011-2026, HAPPY Software, Inc.
Item 9.j
□ 238031
□ 238032
□ 238033
□ 238034
□ 238035
□ 238036
□ 238037
□ 238038
□ 238039
□ 238040
□ 238041
□ 238042
□ 238043
□ 238044
□ 238045
□ 238046
□ 238047
□ 238048
□ 238049
□ 238050
□ 238051
□ 238052
□ 238053
□ 238054
□ 238055
□ 238056
□ 238057
□ 238058
□ 238059
□ 238060
□ 238061
□ 238062
□ 238063
□ 238064
□ 238065
□ 238066
□ 238067
□ 238068
□ 238069
□ 238070
□ 238071
□ 238072
□ 238073
□ 238074
□ 238075
□ 238076
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
Guadalupe Larios
Guadalupe Mendoza
Guild Mortgage Co
Hamilton Chaffee
Harris County Housing Authority
Helen Franks
Housing Authority of the City of Napa
Housing Authority of the County of San □
IH4 Property Borrower LP
IH5 Property Borrower LP
Iman Gullat
10/01/2026 James Thompson
Jazmin Brewster
Jennifer Avila
Jeremy Fowler
Jessica Zanjani
Jesus Dicante
Keiosha M Wilborn-Caples
Kevon Zeno
Knickerbocker Properties, Inc XXXVIII □
Ladonna R Hardin
Legacy Property Management
Lorena 1. Segundo
Lucila Uribe
Maguire, Paul c/o KAE Real Estate
Maria Runnion
Marples & Associates Inc
10/01/2026 Marvell F. Sweet
10/01/2026 Maurice Edwards
10/01/2026 Michelle Granillo
Montgomery Country Club
MPC Projects Inc
Nicolas Hernandez
Nicole M. Lopez
North Village Development Inc. c/o
PCCP Sommerset, LLC
Pena, Lorenzo
Perez, Andres
Purewal, Manjit
Robert Steeves
10/01/2026 Ronnisha D. Culps
Rose Garden Apts.
Rose Garden Apts.
Rose Garden Apts.
Samura Rising
San Francisco Housing Authority
$176.00
$53.00
$2333.84
$387.00
$1634.89
$130.00
$11347.16
$2252.29
$2684.00
$2736.00
$109.00
$72.00
$53.00
$140.00
$422.00
$146.00
$124.00
$221.00
$176.00
$1432.00
$100.00
$2199.00
$159.00
$96.00
$1675.00
$184.00
$3218.00
$85.00
$184.00
$66.00
$2957.00
$8108.00
$146.00
$198.00
$3252.00
$6473.00
$2955.00
$3746.00
$630.00
$222.00
$161.00
$24715.00
$26734.00
$23983.00
$76.00
$3715.29
□
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
09/01/2026
10/01/2026
□
□
□
□
□
□
□
□
10/01/2026 □
10/01/2026
09/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
09/01/2026
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
□
□
□
□
□
□
□
□
□
□
10/01/2026 □
10/01/2026
10/01/2026
10/01/2026
10/01/2026
□
□
□
□
Copyright © 2011-2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 2 Item 9.j
San Joaquin County Housing Authority □
Sandpiper Village
Santa Clara Housing Authority
Sarah R. Lutton
Seifert, James E. & Kathryn G.
Selina Urzua
Shamco Investments c/o Equity
Shanea L Abalos
Shannon Hussey
Shatzer, Earl C & Betty
Silvia Hernandez
Skylark Mobile Estates
Suisun Housing Authority
SWAY 2014-1 Borrower LLC
SWH 2017-1 Borrower LP
Tammy R Dean
Taranto, Julia E.
Tarik Dean Jr
Tashia J Key
Todd Irving
Travis Credit Union
Travis Way, LLC, dba Strada 1200
Treasure R. Banks
Vacaville Meadows Limited AKA
Vallejo Housing Authority
Vardeep Kaur
WC Investors Limited Partnership dba □
Wendy D Sheets
Wesley J Dimes Sr.
Western Land Properties DBA
William Dewalt Hite dba Hite Rental
William T. Johnson
Williamson JT, Robt C. & M. J. % EEN □
Yahya A. Algere
Yolo County Housing Authority
2018-2 IH Borrower LP
2018-3 IH Borrower LP
2018-4 IH Borrower LP
300 Bel Air Dr, AKF LP Creekside K!
Alamo Creek Properties, Inc
Alamo Garden Family Apartments
Alamo Garden Family Apartments
Alamo Garden Family Apartments
Alan Johnson dba Tri-City Properties
AN M Shafie
Angela Winston
□ 238077
□ 238078
□ 238079
□ 238080
□ 238081
□ 238082
□ 238083
□ 238084
□ 238085
□ 238086
□ 238087
□ 238088
□ 238089
□ 238090
□ 238091
□ 238092
□ 238093
□ 238094
□ 238095
□ 238096
□ 238097
□ 238098
□ 238099
□ 238100
□ 238101
□ 238102
□ 238103
□ 238104
□ 238105
□ 238106
□ 238107
□ 238108
□ 238109
□ 238110
□ 238111
□ 238112
□ 238113
□ 238114
□ 238115
□ 238116
□ 238117
□ 238118
□ 238119
□ 238120
□ 238121
□ 238122
$15806.61
$1993.00
$1855.29
$86.00
$838.00
$232.00
$1743.00
$127.00
$135.00
$1370.00
$216.00
$619.00
$14572.74
$1569.00
$5328.00
$67.00
$1017.00
$270.00
$162.00
$62.00
$3802.00
. $2670.00
■ $100.00
$6209.00
$1604.29
$111.0C
$1528.00
$224.00
$340.00
$5619.00
$2563.00
$92.00
$9677.00
$65.00
$1198.29
$579.00
$4864.00
$2053.00
$1389.00
$8892.00
$31143.00
$32183.00
$21845.00
$13280.00
$1835.00
$2504.00
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026 10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026,
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
07/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026-
10/01/2026
10/01/2026
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
lEI
IS
IS
IS
10/01/2026 IS
10/01/2026
10/01/2026 10/01/2026
10/01/2026
IS
s.
10/01/2026
Copyright ©2011-2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 3 Item 9.j
□ 238123
□ 238124
□ 238125
□ 238126
□ 238127
□ 238128
□ 238129
□ 238130
□ 238131
□ 238132
□ 238133
□ 238134
□ 238135
□ 238136
□ 238137
□ 238138
□ 238139
□ 238140
□ 238141
□ 238142
□ 238143
□ 238144
□ 238145
□ 238146
□ 238147
□ 238148
□ 238149
□ 238150
□ 238151
□ 238152
□ 238153
□ 238154
□ 238155
□ 238156
□ 238157
□ 238158
□ 238159
□ 238160
□ 238161
□ 238162
□ 238163
□ 238164
□ 238165
□ 238166
□ 238167
□ 238168
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
BG Asset Management Inc
BLVD Residential The Parc
Brooks, Brian P.
Bryan Patton dba Soiano Holdings
Butcher Road Vacaville Apartments
- Callen Street Investors, LP
Camden Parc Residential LLC
Camden Parc Residential LLC
Caren Andrews
Carrion, Ernest
CH Vacaville LLC
Charles B. Wood The California & Oak Kl
Charles Elsbernd & Shelley
Chen Frank Pug LLC
Cindy Poehls
City of Pittsburg Housing Authority
City of Pittsburg Housing Authority
Community Real Estate Services
Country Garden Apartments Vacaville, 13
Country Garden Apartments Vacaville, I3
Cypress Arms Limited Partnership dba |3
Dallin LLC
Damian M Leotta Brown c/o Damian
Danielle! Parker
Darla R Stever Stever & Associates
David F Hyde
David Muerle
Deanna L Tingley DBA BB & P Lee
Delta Realty Group, Inc
Derek Yoder
Desarae Stocking
Desmond Bishop
Dino Ferraro
Donald Olivarez
Earl Kilmer dba Kilmer & Associates
Eden Vacaville Housing Inc AKA
Eden Vacaville Housing 1nc AKA
Eden Vacayille Housing Inc AKA
Eden Vacaville Housing Inc AKA
Eden Vacaville Housing Inc AKA
Eden Vacaville Housing Inc AKA
Eden Vacaville Housing Inc AKA
Elite Ventures, LLC
Elizabeth C Scarrott
Elizabeth Sanchez
Elodia Falcon Curiel
$1821,00
$10757.00
$205.00
$1956.00
$7166.00
$22593.00
$30908.00
$26554.00
$2111.0C
$1937.00
$7346.00
$493.00
$1812.00
$2612.00
$2424.00
$20423.24
$10019.03
$4922.00
$26669.00
$10661.00
$5767.00
$4262.00
$1087.00
$606.00
$2297.00
$1550.00
$1777.00
$2272.00
$1755.00
$2577.00
$1902.00
$2575.00
$1391.00
$2515.00
$881.00
$4107.00
$15873.00
$32622.00
$39521.00
$27111.0C
$34714.00
$7736.00
$3621.00
$1930.00
$2110.00
$1845.00
13 10/01/2026 13
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
07/01/2025
06/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026.
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
13 13
13 [3
IS
13 13
13 13
13 13
13 13
IS
13 13
13 13
13 13
13 13
13 Copyright © 2011-2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 4 Item 9.j
□ 238169
□ 238170
□ 238171
□ 238172
□ 238173
□ 238174
□ 238175
□ 238176
□ 238177
□ 238178
□ 238179
□ 238180
□ 238181
□ 238182
□ 238183
□ 238184
□ 238185
□ 238186
□ 238187
□ 238188
□ 238189
□ 238190
□ 238191
□ 238192
□ 238193
□ 238194
□ 238195
□ 238196
□ 238197
□ 238198
□ 238199
□ 238200
□ 238201
□ 238202
□ 238203
□ 238204
□ 238205
□ 238206
□ 238207
□ 238208
□ 238209
□ 238210
□ 238211
□ 238212
□ 238213
□ 238214
$1771,00
$1411.00
$2785.00
$657.00
$1731.00
$998.00
$2324.00
$3556.00
$4597.00
$3176,00
$1160.00
$1045.06
$441.08
$31553.00
$21136.00
$1812.00
$3018.00
$1808.00
$2462.00
$1669.00
$886.00
$595.00
$1454.00
$709.16
$341.00
$1420.00
$10476.00
$1770.00
$23266.00
$3782.50
$4876.00
$1728.00
$1477.00
$682.00
$1070.00
$11765.00
$4356,00
$4402.00
$4740.00
$20339.00
$1625.00
$1442.00
$1177.00
$2554.00
$2455.00
$2190.00
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026-
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
Eric or Cathy Busay
Felix Lin
Fitzpatrick, Stephen S Rebecca
Foley Property Management Inc
Freese, David M.
Giguere, Wanda M.
Gleiberman Properties Inc. fbo North
Gridley Gomes, Julie A.
Flenry Lee
Flidden Creek, AKF LP
HIS Property LLC
Housing Authority of the City of
Housing Authority of the City of
I’m Enterprising Inc DBA Solano
I’m Enterprising inc DBA Solano
James S Runyon
Jason R George
Jeff Ramsey
Jessica Butler
John G Mackall Jr
John Gordon Bartley
John James Lyons
Joseph Bijan Derrickson
Joseph Guentensberger
Judy A Hilburn
Julie A Smith
Kappel & Kappel
Kathleen Ann Cooper
Kelly Company
Kenner Housing Authority
Kenneth M Petersen
Kristina Lee Dean
-Lacandra Ellis
Lau, Fong
Lea Pannell Realty, Inc.'
Ledg Vacaville LP c/o Vacaville Gables Kl
Letrang Gossen
Li Huang
Link & Link Real Estate Inc
LJ Investment Properties LLC dba
Lorie T Perez
Louden LLC
Majid Ahmadieh
Marci Strange
Marina Management dba Marina
Mark &/or Jennie McCallister
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
02/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
IS
10/01/2026 .IS
10/01/2026 IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
06/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
lO/01/2026
10/01/2026
10/01/2026
10/01/2026
Si
IS
s
s
IS
IS
IS
IS
IS
Copyright © 2011-2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 5 Item 9.j
□ 238215
□ 238216
□ 238217
□ 238218
□ 238219
□ ,238220
□ 238221
□ 238222
□ 238223
□ 238224
□ 238225
□ 238226
□ 238227
□ 238228
□ 238229
□ 238230
□ 238231
□ 238232
□ 238233
□ 238234
□ 238235
□ 238236
□ 238237
□ 238238
□ 238239
□ 238240
□ 238241
□ 238242
□ 238243
□ 238244
□ 238245
□ 238246
□ 238247
□ 238248
□ 238249
□ 238250
□ 238251
□ 238252
□ 238253
□ 238254
□ 238255
□ 238256
□ 238257
□ 238258
□ 238259
□ 238260
10/01/2026 IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
09/01/2026
09/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
06/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
Meadows Holly Partners, LP
Michelle Mascote
MLG Legacy Fund LLC dba Quail Run IS
MLG Legacy Fund LLC dba Quail Run IS
MLG Legacy Fund LLC dba Quail Run IS
Morrill, Mary
Nor Cal Properties Management LLC IS
Q’Mara, Kandy
Oak Street Management
Orange County Housing Authority
Patricia Garcia
Pony Express L.P.
Pony Express L.P.
Pony Express L.P.
Pony Express L.P.
Poppy Garden Senior Apts.
Price, Jean
Pushpinder Reen
Quinn Crossing Apartments LLC c/o
Randall James Brinsley
Rebecca Larson
Red Rock Investors LP
Rising Investments LLC
River Run Apartments
Rocky and/or Martha R. Cook
Rocky Hill Investors, LP
Roger F Seals Jr
Roland D Cross
Roseville Housing Authority
Ruiz, Antonia B.
Sacramento Housing &
Sacramento Housing &
Samuel Kala Kaai
Sang Woo Lee
Saratoga II L.P.
Saratoga II L.P.
Saratoga II L.P.
Schmidt, Gene R. & Pamela Y.
Sevendoors Corp (PMI Northbay)
Shalana Penyweit
Shasta Terrace LLC
Shawn J. Fitzpatrick & Sandra J. Gray- Kl
Sheri Moore
Solano County Housing Authority
Sonja Brown
Spering, Pamela & James
$22187.00
$454.00
$28925.00
$29064.46
$23330.00
$1527.00
$1639.00
$890.00
$2146.00
$1508.29
$597.00
$30010.00
$28325.00
$16688.00
$18945.00
$12392.00
$2924.00
$1514.00
$2178.00
$1614.00
$1553.00
$16286.00
$6704.00
$26852.00
$625.00
$28442.00
$2100.00
$2769.00
$3597.29
$1536.00
$25980.90
$9151.45
$1592.00
$2534.00
$28311.00
$28277.00
$13620.00
$1855.00
$1800.00
$2696.00
$5590.00
$1125.00
$1588.00
$16435.61
$1362.00
$1368.00
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
IS
10/01/2026 IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
IS
IS
IS
10/01/2026 IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
Copyright © 2011-2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 6 Item 9.j
St Anton Partners LLC DBA Saratoga KI
St Anton Partners LLC DBA Saratoga Kl
St Anton Partners LLC DBA Saratoga El
St. Annes Apts. The Kelly Company
Star Rentals
Stephen Traficante
Sterns, Steven & Mary
Storbo, Randell N. &/or Maricela
Summit Props, Inc.
Susan P Baluyot
Suzanne Marie Kuntz
Terri Hall
The Scafine Group, Inc.
Thomas Doyle
Thomas W Eaton
Thompson, Darren
THR Property Borrower LP
Tom Tran
Tornatore Family Trust dba Whispering El
Tricon SFR 2025-1 Borrower LLC
Tricon US Rental Reit LLC dba TAH
Trooper Properties LLC
Trower Housing Partners, L.P.
Trower Housing Partners, L.P.
Vacaville Depot Ltd, A California LP.
Vacaville Depot Ltd, A California LP.
Vacaville Park Apartments
Vacaville Park Apartments
Vacaville Senior Manor LLC
Veerender K Chanana
Vijaya ChandarVeeramachaneni
Walnut Grove Senior Apts. Vandelay
Walnut Grove Senior Apts. Vandelay
Walnut Grove Senior Apts. Vandelay
Walnut Grove Senior Apts. Vandelay
Wayne and/or Mei Mei Marsh
Wentrell V. Williams
Whitefish Housing Authority
William Forney
Wong, Siu-Kei
Yanhon Yang &/or Gim Ming Au
Zewei Yang &/or Yihua Liang
□ 238261
□ 238262
□ 238263
0238264
□ 238265
. 0238266
O 238267
D 238268
O 238269
O 238270
0238271
O 238272
O 238273
O 238274
O 238275
O 238276
O 238277
O 238278
O 238279
O 238280
O 238281
O 238282
O 238283
O 238284
O 238285
O 238286
O 238287
0238288
O 238289
O 238290
O 238291
O 238292
O 238293
O 238294
O 238295
O 238296
O 238297
O 238298
O 238299
O 238300
O 238301
O 238302
10/01/2026
10/01/2026
$29055.00
$27760.00
$3756.00
$12717.00
$9329.00
$1812.00
$929.00
$97.00
$29793.00
$1035.00
$1823.00
$1342.00
$6002.00
$1555.00
$1446.00
$1928.00
$2521.00
$1657.00
$9107.00
$1972.00
$983.00
$2073.00
$37023.00
$9353.00
$40587.00
$31746.00.
$32988.00
$5176.00
$24756.00
$2040.00
$2056.00
$25678.00
$24094.00
$24603.00
$8838.00
$4838:00
$867.00
$1503.70
$639.00
$1707.00
$2600.00
$1416.00
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026 El
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
IS
El
IS
IS
El
IS
El
El
10/01/2026
10/01/2026 El
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
El
El
IS
El
IS
10/01/2026 IS
10/01/2026
10/01/2026 10/01/2026
10/01/2026 IS
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
10/01/2026
El
El
El
El
El
IS
IS
El
IS
IS
Copyright © 2011 -2026, HAPPY Software, Inc. Check Register Report APA 09/23/2026 Page 7 Item 9.j
Vacaville Housing Authority Total
Average
Unit Count
Average Weighted by Unit Count
Hard to House Count
$1,888,627.02
$1,349.98
1149
$1,555.90
2 Copyright © 2011-2026, HAPPY Software, Inc, Check Register Report APA 09/23/2026 Pages Item 9.j
City of Vacaville, CA - Live
DETAIL PROOF - FINAL REPORT
Report generated: 09/22/2026 16:35
User: 6582szamora
Program ID: prpyddpf
Pay Period 08/30/26 To 09/12/26
WARRANT: 092526 PAYROLL TYPE: BIWEEKLY C CHECK DATE: 09/25/2026 Earnings-Deductions Proof Summaries
9998 DIR DEP % 1,724.62 0.00 1,724.62 18,101.78
9999 DIRECT DEP N 2,279,582.36 0.00 2,279,582.36 3,601,421.80 Total: 3,617,221.79 3,399,327.77
Total Females: 341 Gross Pay: 1,076,175.60
Total Males: 513 Gross Pay: 2,542,266.26
Total Employees: 854 Gross Pay: 3,618,441.86
Total Pre-Notes: 0
Benefits Only Employees: 612 Employer Amount:
Available Cash Balance after payroll: -434,180,892.39
Total Cash Requirements:
Total Employee Checks: 14,276.43
Total Employee/Employer ACH Transactions: 2,361,705.29
Total Vendor Checks this payroll: 0.00
Total Vendor Checks other payrolls: 0.00
Total Vendor Electronic Transfers this payroll: 0.00
Total Vendor Electronic Transfers other payrolls: 0.00
Total Vendor Telephone Transfers this payroll: 0.00
Total Vendor Telephone Transfers other payrolls: 0.00
Total Cash Required: 2,375,981.72
Payments to be Processed:
Total Telephone Transfers: 0.00
Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 4,630,354.16 Total Pay Escrow: 0.00
Total Escrow Balance: 0.00
Total Invoices this payroll: 25,020.44
Total Invoices other payrolls: 0.00
Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00
Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00
Total Liabilities: 4,655,374.60
* Employee Accruals Exist Outside Payroll Date Range - Check Accrual Out of Range Report
Item 9.j
City of Vacaville, CA - Live
DETAIL PROOF - FINAL REPORT
Report generated: 09/22/2026 16:09
User: 6582szamora
Program ID: prpyddpf
Pay Period 08/01/26 To 08/31/26
WARRANT: 092526 PAYROLL TYPE: MONTHLY CHECK DATE: 09/25/2026 Earnings-Deductions Proof Summaries
DEDUCTION SUMMARY
=================
DED TYPE EMPLOYEE AMT EMPLOYER AMT TOTAL AMT EMPLOYEE GROSS FICA/MED CALC 1100 MEDICARE 4.35 4.35 8.70 300.00 X 2.90% = 8.70
2770 OBRA PT % 22.50 0.00 22.50 300.00
3000 FEDERAL TAX 0.00 0.00 0.00 277.50
4000 STATE TAX 0.00 0.00 0.00 277.50
8215 WORK COMP 0.00 31.50 31.50 300.00
9999 DIRECT DEP N 273.15 0.00 273.15 300.00
Total: 300.00 35.85
Total Females: Gross Pay: 0.00
Total Males: 1 Gross Pay: 300.00
Total Employees: 1 Gross Pay: 300.00
Total Pre-Notes: 0
Available Cash Balance after payroll: -431,805,183.82
Total Cash Requirements:
Total Employee Checks: 0.00
Total Employee/Employer ACH Transactions: 273.15
Total Vendor Checks this payroll: 0.00
Total Vendor Checks other payrolls: 0.00
Total Vendor Electronic Transfers this payroll: 0.00
Total Vendor Electronic Transfers other payrolls: 0.00
Total Vendor Telephone Transfers this payroll: 0.00
Total Vendor Telephone Transfers other payrolls: 0.00
Total Cash Required: 273.15
Payments to be Processed:
Total Telephone Transfers: 0.00
Remaining Payroll Liabilities:
Total Employee/Employer (Check type = No check): 62.70
Total Pay Escrow: 0.00
Total Escrow Balance: 0.00
Total Invoices this payroll: 0.00
Total Invoices other payrolls: 0.00
Total Checks/Invoices/EFT/Telephone transfers
this payroll (deferred): 0.00
Total Checks/Invoices/EFT/Telephone transfers
other payrolls (deferred): 0.00
Item 9.j
CITY OF VACAVILLE
CITY COUNCIL
STAFF REPORT
Meeting Date: October 13, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: GeorgeAnne Meggers-Smith, Assistant City Manager
(GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Subject: Resolution of the City Council of the City of Vacaville Approving Two (2) Agreements and Authorizing the City
Manager, or their Designee, to Execute Totaling $3,183,200.23 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
Actions for Consideration:
Adopt the Resolution approving the agreements in Attachment 1 and authorize the City Manager, or designee, to execute the agreements and any non-substantive administrative documents necessary to implement the approved actions.
Recommendations:
By simple motion, adopt the subject resolution.
Background:
City departments periodically require specialized professional, technical, maintenance, and operational services to support ongoing programs, projects, and the delivery of essential municipal services. The City has historically utilized the services identified in Attachment 1 to supplement staff resources, provide specialized expertise, and ensure the effective and efficient operation of City functions.
As the City continues to advance significant initiatives, capital improvement projects, regulatory compliance efforts, and operational priorities, these agreements are necessary to maintain continuity of services and provide the professional support needed to successfully implement and complete these activities. The consultants and service providers associated with these agreements offer expertise, resources, and capabilities that are either unavailable internally or are more cost-effective to obtain through contracted services.
The agreements generally fall into one or more of the following categories:
1. Specialized expertise and technical knowledge;
2. One-time or project-specific services;
Item 9.k
3. Industry-standard evaluations, assessments, and benchmarking;
4. Legal, regulatory, and compliance requirements;
5. Health, safety, and risk management obligations;
6. Conflict-of-interest and independent review requirements;
7. Capital improvement and infrastructure project support; and
8. Supplemental staffing resources and cost efficiencies.
The agreements presented for approval are routine in nature and necessary to maintain continuity of City operations and services. Each agreement has been reviewed by the requesting department and developed in accordance with applicable City purchasing policies, contracting procedures, and procurement requirements.
Discussion:
The City’s current Purchasing Policy was adopted by Resolution No. 2000-47 and later amended on January 12, 2010, through minute action to revise the Local Vendor Policy and establish a Local Business Preference. The City continues to follow the California Public Contract Code for all public construction projects.
Under the existing policy, Department Heads or their designees with purchasing authority may approve budgeted purchases of materials, services, supplies, and equipment (excluding public construction projects) within the limits authorized through the adopted departmental budget. While this approach provides operational flexibility, it has resulted in limited centralized visibility into contract activity across the organization and increased the risk of fragmented contract management and inconsistent procurement practices.
Historically, many contracts have been approved administratively pursuant to the City’s Purchasing Policy. As part of the City’s ongoing efforts to enhance transparency, strengthen contract oversight, and improve public visibility into consultant and vendor expenditures, staff is presenting this consolidated contract list for City Council review and approval.
This report is intended to establish a baseline inventory of significant service agreements and provide the City Council and the public with greater visibility into the contractual services supporting City operations.
This action seeks approval of two (2) agreements and/or contract amendments totaling $3,183,200.23. A copy of these agreements can be found on the City’s transparency portal at https://www.cityofvacaville.gov/government/transparency-portal#Contracts. These agreements are funded through the Fiscal Year 2026-27 Budget and represent a combination of recurring operational services, project-specific support, and specialized professional expertise necessary to carry out City programs, regulatory compliance, public safety, infrastructure maintenance, and organizational support services.
These agreements are funded through the FY 2026-27 budget and are necessary to maintain essential City operations, regulatory compliance, public safety, infrastructure maintenance, and organizational support services.
Item 9.k
Additionally, the City is currently evaluating comprehensive updates to its Purchasing Policy during Fiscal Year 2026-27. In the interim, the City Manager’s Office, in collaboration with the City Attorney’s Office and Finance Department, has implemented additional controls to enhance transparency, consistency, and oversight of City contracts.
Effective immediately and until a revised Purchasing Policy is adopted, contract approval authority will be as follows:
• Contracts with a value of less than $75,000 may be approved by the Department Head or authorized designee;
• Contracts with a value between $75,000 and $150,000 require approval by the City Manager; and
• Contracts with a single or cumulative value exceeding $150,000 require City Council approval.
These interim measures are intended to strengthen contract oversight and increase transparency while the City develops a comprehensive Purchasing Policy. Staff anticipates presenting the updated Purchasing Policy to the City Council for consideration during the first quarter of 2027 and will continue refining contract reporting and procurement oversight processes as part of that effort.
Public Works projects are governed by the California Public Contract Code (PCC), specifically Section 22000, known as the Uniform Public Construction Cost Accounting Act (UPCCAA). Public Works projects are defined in PCC Section 22002(c) and are subject to the bidding thresholds and requirements established in PCC Section 22032.
The most common method used by California cities for approving routine contracts is through the Consent Calendar. The contracts included in Attachment 1 represent a combination of new agreements, renewals, work orders, and amendments for services that support the City’s day-today operations. Contractor and consultant selections were completed through competitive procurement processes, cooperative purchasing programs, qualification-based selection procedures, or other methods authorized by applicable law, the Municipal Code, City purchasing policies, and administrative procedures.
The contracts presented for Council consideration do not include: (1) agreements with other governmental agencies; (2) contracts related to employee hiring, wages, hours, or working conditions; (3) purchase and sale agreements for wholesale utility commodities and services; and (4) revenue-generating agreements or bond financing transactions.
Approval of these agreements does not:
• Authorize expenditures beyond amounts budgeted by the City Council; • Approve new positions;
• Approve construction contracts governed by the Public Contract Code; • Approve labor agreements; or
• Commit the City to future appropriations.
Item 9.k
Staff has reviewed each agreement to confirm that sufficient appropriations exist within the proposed Fiscal Year 2026-27 Budget and that the agreements are necessary to support approved programs, projects, and operations. Future contract amendments exceeding established approval thresholds will be brought back to the City Council for consideration, as required.
Approval of these agreements will allow departments to continue providing essential services efficiently and effectively while maintaining compliance with applicable procurement requirements and ensuring continuity of operations. Many of the agreements are renewals of existing services and represent ongoing operational needs rather than new programs or initiatives.
With the adoption of the Fiscal Year 2026-27 Budget on June 23, 2026, funding for the services covered by these agreements will be appropriated within the budgets of the respective departments responsible for the operation, maintenance, and administration of these programs and services.
Accordingly, staff recommends that the City Council approve the agreements identified in Attachment 1 and authorize the City Manager, or designee, to execute the agreements on behalf of the City.
Attachment 1 provides a summary of each agreement, including the department, vendor, description of services, contract amount, cumulative contract amount, contract term, funding source, and justification for the agreement.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
Amount Requested: No additional appropriations are requested. Funding for the agreements identified in Attachment 1 is included in the proposed FY 2026-27 Budget.
Funding Source: Funding for the agreements identified in Attachment 1 is included in the department budgets in the adopted FY 2026-27 Budget.
Budget Distribution: Funding for each of these contracts is included in the FY2026-27 budget, approved by City Council on June 23, 2026. The costs of staff time associated with this item are covered within the existing City Manager Department’s operating budget.
Item 9.k
Alternatives:
The City Council may choose to address some or all of these contracts individually, or request clarification.
1. Approve a subset of the contracts: Council could choose to pull specific contracts for separate consideration. This may lead to service interruptions and project delays.
2. Do not approve the contracts: This would require staff to renegotiate terms or re-bid services, causing significant operational delays.
Strategic Plan Goal:
Organizational Culture
Economic Development
Quality of Life
Public Safety and Infrastructure
Fiscal Health
Subject to Levine Act:
Yes
Attachments:
Resolution – Action Item
Contract List includes the following information:
• Department Name
• Contract/Vendor Name
• Description of Services
• Contract Amount
• Cumulative Contract Amount (including any amendments) beginning with the latest active agreement including all subsequent amendments.
• Current Contract Term
• Funding Source
• Justification for the Agreement
• Procurement Method
Any applicable Levine Act Forms
Item 9.k
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville Approving and Authoring the City Manager, or their designee, to Execute Two (2) Agreements Totaling Approximately $3,183,200.23 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services
Whereas, City departments periodically require specialized professional, technical, maintenance, and operational services to support ongoing programs, projects, and the delivery of essential municipal services; and
Whereas, agreements for these services are necessary to maintain continuity of services and provide the professional support needed to successfully implement and complete initiatives, capital improvement projects, regulatory compliance efforts, and operational priorities; and Whereas, consultants and service providers associated with these agreements offer expertise, resources, and capabilities that are either unavailable internally or are more costeffective to obtain through contracted services; and Whereas, until the Purchasing Policy is updated in 2027, the Signing Authority Policy states that contracts with a single or cumulative value exceeding $150,000 require City Council approval; and
Whereas, this interim measure is intended to strengthen contract oversight and increase transparency; and
Whereas, the original contract amount, cumulative contract amount including amendment, contract term and other details are provided with the attached contract list; and Whereas, approval of these agreements will allow departments to continue providing essential services efficiently and effectively while maintaining compliance with applicable procurement requirements and ensuring continuity of operations.
Now, therefore, be it resolved by the City Council of the City of Vacaville that the City Council does hereby approve and authorizes the City Manager, or their designee, to executed the listed agreements on behalf to the City of Vacaville totaling $3,183,200.23.
Contract or Amendment Name Total Approved with this Resolution Watco Equipment, Inc. $1,334.71
Unico Engineering Inc. $3,181,865.52
I hereby certify that the foregoing resolution was introduced and passed at the regular meeting of the City Council of the City of Vacaville held on the 13th day of October 2026 by the following vote:
Item 9.k
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 9.k
Item 9.k
Levine Act Disclosure Statement -1- Rev. 11.25
**COMPLETE& RETURN THIS PAGE**
CALIFORNIALEVINEACT DISCLOSURESTATEMENT
The Levine Act (Government Code Section 84308) requires you to disclose any political contributions of more than $500 that you or your company made to City officers in the past 12 months, or plan to make in the 12 months following the final decision on this proceeding.
A contribution includes money, goods, services, loans, tickets to fundraisers, or payments for advertising. If any agents (attorneys, consultants, lobbyists, or similar professionals) represent you before the City, they are completely prohibited from making any contributions of any amount during the time your proceeding is pending and for 12 months after the final decision.
City officers include Council Members, Commissioners, alternates to elected or appointed officers, the City Manager, and candidates for City office. City attorneys who provide only legal advice and do not have authority to make final decisions are excluded from this definition. You are responsible for knowing who the current officers are before completing this form. A list is available at www.CityofVacaville.gov.
If you answer YES to either question on this form, the identified City officer must recuse themselves from any decisions, votes, discussions, or actions related to your matter.
However, answering YES does not prevent the City from approving your application, awarding your contract, or granting your entitlement. It only prevents that specific officer from participating.
You may also be a "participant" if you are not the applicant but you have a financial interest in this proceeding's outcome and actively support or oppose it. Participants have the same contribution restrictions as applicants.
If you make any new reportable contributions after submitting this form, you must provide a supplemental disclosure to the City.
For questions about whether a contribution must be reported, definitions of key terms, or complete details about the Levine Act, see the FAQ at
https://www.cityofvacaville.gov/government/city-clerk/levine-act.
DISCLOSURE QUESTIONS
1. Have you or your company made any political contributions of more than $500 to any City officer in the 12 months preceding today's date?
OR
Has any agent on behalf of you or your company made any political contribution of ANY AMOUNT to any City officer in the 12 months preceding today's date? (This includes contributions made by any entity majority-owned by you/your company, or any entity whose contributions you direct or control.)
Item 9.k
Levine Act Disclosure Statement -2- Rev. 11.25
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________
2. Do you or your company intend to make any political contributions to any City officer in the 12 months following the final decision on this proceeding? OR
Does any agent on behalf of you or your company intend to make any political contributions of ANY AMOUNT to any City officer in the 12 months following the final decision on this proceeding?
☐ YES ☐ NO
If YES, please identify the person(s) or agent(s) making the contribution:
______________________________________________________________________________ If YES, please identify the City officer receiving the contribution:
______________________________________________________________________________ Answering YES to either of the questions above does not preclude the City of Vacaville from awarding a contract to your firm, approving a land use entitlement (including but not limited to permits, variances, conditional use permits, or other discretionary approvals), or taking any subsequent action related to such contract or entitlement. It does, however, preclude the identified City officer from participating in any decision-making, discussion, vote, or action related to such contract or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature: Date Signed:
Print Name:
Title:
Company:
09-17-26
Andrew D Watson
President
Wattco Equipment, Inc.
Item 9.k
CITY OF VACAVILLE
City Council
Staff Report
Meeting Date: October 13, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Justen Cole, Interim Director of Public Works
(Chris Gioia, Public Works Engineering Manager (707) 449-5160) Subject: Resolution of the City Council of the City of Vacaville to Approve the Engineer’s Report, Confirm Diagram and
Assessment and Order Levy of Assessment for Fiscal Year 2026-27 for the Annexation of the Harmony Village Property to the Trower Neighborhood Park Assessment District No. 10, Villages on Vine Street Setback Landscaping Assessment
District No. 107, and Villages on Vine Street Lighting
Assessment District No. 108
Actions for Consideration:
The City Council is requested to: (1) hold a public hearing and consider final approval of the annexation of the Harmony Village property into the applicable maintenance assessment districts; and (2) consider Solano-Napa Habitat for Humanity's request for City assistance with the $3,873 LLMD annexation fee; and (3) provide direction regarding whether the fee should be paid by the applicant or funded by the City from the General Fund or Public Works Development Engineering Funds.
Recommendations:
By simple motion, adopt the subject resolution approving the LLMD annexation and provide direction regarding responsibility and funding for the $3,873 annexation fee. Staff is not recommending a preferred funding option.
Background:
The Harmony Village residential development project consists of 10 single-family residences located on 1.11 acres of land between Scoggins Avenue to the west, and E. Monte Vista Avenue to the south (Attachment 1 – Project Vicinity Map). The developer of the project is Solano-Napa Habitat For Humanity. As a condition of the project approval process, the property (Attachment 2 – Project Site LLMD Assessment District Annexation Boundary Map) is required to be annexed into existing Landscape Lighting and Maintenance Districts (LLMD) for Setback Landscaping, Lighting, and Neighborhood Park.
Item 11.a
Maintenance assessment districts are a tool utilized by the City to fund operation and maintenance of public landscaping, lighting, and neighborhood parks that benefit development.
The process by which property not currently in an assessment district is joined to an existing LLMD district is through annexation.
The project owner is required to annex into the following existing LLMD districts:
• LLMD District No. 10, Trower Neighborhood Park Assessment District to pay for the maintenance and servicing of neighborhood parks within the district. • LLMD District No. 107, Villages on Vine Street Setback Landscaping Assessment District to pay for the maintenance of the setback landscaping within the annexation area.
• LLMD District No. 108, Villages on Vine Street Lighting Assessment District to pay for the maintenance of the streetlights within the annexation area.
Once the project is annexed into the existing assessment districts, the property owner will be required to pay the LLMD assessment levy amounts specified below on an annual basis.
However, parcels in the Harmony Village development will not be levied until a building permit is issued for a given parcel. After the issuance of a building permit, the improved property rates for the fiscal year shall be applied.
Discussion:
Annexation: The project Developer hired SCI Consulting Group (SCI) to prepare an Engineer’s Report to analyze and calculate the assessment levies for the project. SCI is a local firm that the City utilizes to assist with the formation of the City’s LLMD assessment districts and the calculation of the amount of annual levy for each district.
The Engineer’s Report specifies a maximum amount for the LLMD annexations that may be assessed based on the maintenance costs of fully constructed improvements (Attachment 3 – Engineer’s Report). These maximum amounts were determined for all payers within the district, including the Harmony Village development. For Fiscal Year 2026-27, those annual maximum amounts per equivalent dwelling unit are as follows:
Trower Neighborhood Park (District #10) $108.70
Villages on Vine Street Setback Landscaping (District #107) $274.14 Villages on Vine Street Lighting (District #108) $105.25 Total Maximum Amount $488.09
An adjusting factor (to the maximum amount) contributes to the annual assessment levy calculation for this project. This adjusting factor is due to potential levy revenue surplus funds which may exist within the district(s) in which the project is being annexed.
Item 11.a
An LLMD district with a levy revenue surplus fund results in a less than maximum levy amount.
This is the case with the Villages on Vine Street Setback Landscaping Assessment District No. 107 and the Villages on Vine Street Lighting Assessment District No. 108, into which the Harmony Village development would annex into. In other words, if a surplus exists within a particular assessment district, the required levy to pay for maintenance in the upcoming year is reduced.
Based on the Engineer's Report calculation, the proposed assessment rates for the Harmony Village development for Fiscal Year 2026-27 are as follows:
Trower Neighborhood Park (District #10) $108.70
Villages on Vine Street Setback Landscaping (District #107) $58.00 Villages on Vine Street Lighting (District #108) $102.18 Total Proposed FY 2026-27 Assessment $268.88
The first step in the LLMD annexation of the Harmony Village development occurred on September 22, 2026. At that time, the City Council approved the resolution of intention to levy assessments for FY 2026-27, granting preliminary approval of the Engineer’s Report, and providing a notice of the public hearing.
This subject agenda item and resolution is the final step in the LLMD annexation process, which is to hold a public hearing and consider approval of the Engineer’s Report and confirm the diagram of assessment that shows all the properties that are to be included in the LLMD districts.
Annexation Fee Request: The cost of City staff and consultant services for an annexation of this type is ordinarily recovered through a fee collected at the time of application. The current fee is $3,873 under the Service and Facility Rental Fee Schedule approved by the City Council on June 9, 2026. The developer's engineer, Tom Phillippi, has requested that the City pay this fee.
Strategic Plan Context: The 2026-2029 Strategic Plan reflects the City Council's interest in evaluating alternative development fee structures and affordable housing investments. Under Goal 2, Economic Development, Objectives ED2.6 through ED2.8 call for development of residential and non-residential fee deferral programs and creation of a Fee Reduction Program.
Under Goal 3, Quality of Life, Objective QL3.3 calls for creation of a long-term local investment strategy to expand and preserve affordable housing opportunities. These objectives provide policy context for Council's consideration but do not establish an existing fee subsidy program or eligibility criteria applicable to this request.
Council Direction Requested: Because no adopted program directly governs this request, staff is not recommending approval or denial. Council may: (1) require the developer, Solano-Napa Habitat for Humanity, to pay the adopted fee; (2) authorize one-time payment from the City’s General Fund; or (3) authorize one-time payment from the Public Works Development Engineering Fund. The Public Works Development Engineering Fund contains the operating Item 11.a
budget for the Development Engineering Division. It is used to pay for all Development Engineering related costs, including staff, consultant services, and software, and is primarily funded by fees collected from developers.
Project Considerations: The City Council previously approved a Disposition, Development, and Loan Agreement for the Harmony Village affordable-homeownership project on July 26, 2022. If Council elects to provide City funding, the assistance could be based on the project's status as a City-supported affordable-homeownership development with enforceable affordability requirements, rather than on the developer's nonprofit status. Such action would not amend the City's fee schedule or establish a categorical exemption for other nonprofit organizations or development projects; future requests would remain subject to separate Council consideration unless and until the City adopts a generally applicable program.
Funding Considerations: The Public Works Development Engineering Fund currently has sufficient fund balance to pay the $3,873 fee. However, the fund is being drawn down and may be exhausted in the near future if current revenue and expenditure trends continue. This charge is relatively small and would not materially accelerate that projected drawdown. The General Fund is the other identified City funding option.
Environmental Impact:
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).
Fiscal Impact:
Amount Requested: $3,873 if the City Council directs the City to pay the annexation fee.
Funding Source: The General Fund (1001) or the Public Works Development Engineering Fund (2028), as directed by the City Council.
Budget Distribution: The selected funding source and accounting treatment will be confirmed by Finance following Council direction. The Public Works Development Engineering Fund currently has sufficient fund balance, although the balance is being drawn down and may be exhausted in the near future under current trends. The proposed $3,873 expenditure would not materially affect that projection.
Alternatives:
The City Council could choose not to approve the Engineer's Report or confirm the diagram of assessments; however, the project would then not pay its fair share of maintenance costs for the specified landscaping, lighting, and neighborhood park assessment districts.
With respect to the $3,873 annexation fee, Council may direct that the applicant pay the adopted fee, authorize payment from the General Fund, or authorize payment from Public Item 11.a
Works Development Engineering Funds, subject to confirmation that the selected fund may be used for this purpose.
Strategic Plan Goal/Initiative:
Goal 2 - Economic Development
Goal 3 - Quality of Life
Levine Act:
Yes
Attachments:
Resolution – Action Item
Attachment 1: Project Vicinity Map
Attachment 2: Project Site LLMD Assessment District Annexation Boundary Map Attachment 3: Engineer’s Report
Attachment 4: Levine Act Disclosure Form
Item 11.a
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville to Approve the Engineer's Report, Confirm the Diagram and Assessments, and Order the Levy of Assessments for Fiscal Year 2026-27 for the Annexation of the Harmony Village Property to the Trower Neighborhood Park Assessment District No. 10, Villages on Vine Street Setback Landscaping Assessment District No. 107, and Villages on Vine Street Lighting Assessment District No. 108
Whereas, the City of Vacaville provides for the maintenance and improvement of setback landscaping, open space, detention basins, drainage facilities, street lighting, and parks through the City’s Landscaping and Lighting Assessment Districts; and Whereas, these maintenance services and improvements provide direct and special benefits to properties in the Landscaping and Lighting Assessment Districts; and Whereas, the annexation of the property known as the Harmony Village development (the "Property") to the existing Trower Neighborhood Park Assessment District (“Assessment District 10”), Villages on Vine Street Setback Landscaping Assessment District ("Assessment District No. 107"), and Villages on Vine Street Lighting Assessment District ("Assessment District No. 108"), was a condition of development; and Whereas, these proposed Assessment District annexations would provide direct and special benefits to the Property by providing for the maintenance and improvement of parks, setback landscaping, and lighting facilities for the Property; and Whereas, the procedures for the proposed annexations of property provide owners of the Property with the opportunity to submit ballots for the proposed annexations and assessment levies that would fund the maintenance services and improvements; and Whereas, this Council designated SCI Consulting Group as Engineer of Work and ordered said Engineer to make and file an Engineer's Report; and Whereas, the report was duly made and filed with the Council and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that the report should stand as the Engineer's Report for all subsequent proceedings; and Whereas, pursuant to Article XIIID and Government Code §53753, a joint notice and mail ballot was duly and regularly given, including the notice that this Council would be conducting a public hearing on October 13, 2026 on the question of the proposed assessment district annexations; and
Whereas, the property owner is the only record owner of the Property and has waived its right to the 45-day ballot period specified by Article XIIID of the California Constitution; and Item 11.a
Whereas, on October 13, 2026 at the hour of 6:00 PM at the City Council chambers of the City of Vacaville, 650 Merchant Street, Vacaville, California, 95688, the public hearing was duly and regularly held as noticed, and all persons interested and desiring to be heard were given an opportunity to speak and be heard, and all matters and things pertaining to the levies were fully heard and considered by this Council, and all oral statements and all written protests or communications were duly considered; and
Whereas, at the public hearing the Council tabulated the mail ballots and found that a majority protest as defined by Article XIIID did not exist, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessments prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof, and Whereas, the cost of City staff time for an annexation of this type is ordinarily recovered through a fee collected at the time of application and is based on the Service and Facility Rental Fee Schedule approved by the City Council on June 9, 2026; and Whereas, the developer's engineer has requested that the City pay this fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vacaville that:
Section 1. The recitals set forth above are true and correct and are incorporated herein by this reference.
Section 2. The weighted assessment ballots submitted in favor of the annexations and assessments by the owners of the property proposed for inclusion in the Assessment Districts exceeded the weighted assessment ballots submitted in opposition.
Section 3. The Property benefited by the improvements and assessed to pay the associated costs and expenses, together with the exterior boundaries of the Assessment Districts, is shown on the maps filed in the office of the City Clerk, which maps are incorporated herein by this reference.
Section 4. The Engineer's Report consists of the following parts:
a) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith; b) the diagram showing the Assessment Districts, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the Landscaping and Lighting Assessment Districts; and c) the assessment of the total amount of the costs and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Landscaping and Lighting Assessment Districts in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the expenses incidental thereto;
Item 11.a
Section 5. Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimates of the costs and expenses, the diagrams and the assessments, as contained in the report as hereinabove determined and ordered, is intended to and shall refer and apply to the report, or any portion thereof as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council.
Section 6. The assessments to pay the costs and expenses of the maintenance of the improvements for fiscal year 2026-27 are hereby levied.
Section 7. The annexation of Property into the existing Assessment Districts No. 10, No. 107, and No. 108 is hereby approved.
Section 8. The Property shall be levied assessments according to the special benefits received pursuant to the assessment rate and methodology described in the Engineer's Report for the Assessment Districts.
Section 9. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines that: (a) each lot and parcel of land will receive special benefits from maintenance of the improvements in an amount at least equal to the assessment apportioned to that lot or parcel; and (b) substantial evidence supports, and the weight of the evidence preponderates in favor of, this finding and determination regarding special benefits.
Section 10. Immediately upon the adoption of this resolution, but in no event later than the second Monday in August following such adoption, the Council shall file a certified copy of the assessments and a certified copy of this resolution with the Auditor of the County of Solano.
Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment roll. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Landscaping and Lighting Assessment Districts No. 10, No. 107, and No. 108 of the City of Vacaville.
Section 11. The moneys representing assessments collected by the County shall be deposited in the City Treasury to the credit of the improvement funds previously established under the distinctive designations of the Assessment Districts. Moneys in the improvement funds shall be expended only for the maintenance, servicing, construction or installation of the improvements. (SECTION 12 LANGUAGE SHALL BE MODIFIED BASED ON CITY COUNCIL DIRECTION) Item 11.a
Section 12. The developer shall directly pay the annexation fee.
Or
Section 12. A one time payment from the City’s General Fund is authorized to pay the annexation fee.
OR
Section 12. A one time payment from the Public Works Public Works Development Engineering Fund is authorized to pay the annexation fee.
This Resolution shall take effect immediately upon its adoption.
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 13th day of October, 2026, by the following vote:
Ayes:
Noes:
Absent:
ATTEST:
_____________________________
Michelle A. Thornbrugh, City Clerk
Item 11.a
DEPARTMENT OF
PUBLIC WORKS
HARMONY VILLAGE
ATTACHMENT 1 (1 OF 2)
PROJECT VICINITY MAP
PROJECT
LOCATION
Item 11.a
DEPARTMENT OF
PUBLIC WORKS
HARMONY VILLAGE
ATTACHMENT 1 (2 OF 2)
PROJECT VICINITY MAP
Item 11.a
Item 11.a
ENGINEER’S REPORT
City of Vacaville
Annexation of Harmony Village Properties to
Trower Neighborhood Park Assessment District No. 10,
Villages on Vine Street Setback Landscaping Assessment District No. 107, and
Villages on Vine Street Lighting Assessment District No. 108 August 2026
Pursuant to the Landscaping and Lighting Act of 1972
and Article XIIID of the California Constitution
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Page I
City of Vacaville
City Council
John Carli, Mayor
Roy Stockton, Councilmember District 1
Gregory Ritchie II, Councilmember District 2
Michael Silva, Councilmember District 3
Sarah Chapman, Councilmember District 4
Ted Fremouw, Councilmember District 5
Jeanette Wylie, Councilmember District 6
Director, Public Works
Brian Oxley
City Clerk
Michelle Thornbrugh
Engineer of Work
John Bliss, M. Eng., P.E.
SCI Consulting Group
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Page II
Table of Contents
Overview .......................................................................................................... 1 Introduction .................................................................................................................. 1 Legislative Analysis ....................................................................................................... 2 Plans & Specifications ....................................................................................... 6 Fiscal Year 2026-27 Estimate of Cost and Budget .............................................. 7 Annexation of Property to Trower Neighborhood Park Assessment District No. 10 ... 7 Annexation of Property to Villages on Vine Street Setback Landscaping Assessment District No. 107 ........................................................................................................... 10 Annexation of Property to Villages on Vine Street Lighting Assessment District No. 108 .............................................................................................................................. 13 METHOD OF APPORTIONMENT ....................................................................... 16 Discussion of Benefit .................................................................................................. 17 General versus Special Benefit ................................................................................... 19 Benefit Finding ........................................................................................................... 20 Parks Improvements .................................................................................................. 20 Other Improvements .................................................................................................. 21 Method of Assessment ............................................................................................... 23 Assessment Apportionment ....................................................................................... 24 Assessment ..................................................................................................... 27 Summary Cost Estimates ............................................................................................ 28 Appendices ..................................................................................................... 34 Appendix B – Assessment Roll, FY 2026-27 ..................................................... 37 Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Page III
List of Figures
Figure 1 – Annexation to Trower Neighborhood Park Assessment District (Assessment District No. 10) ........................................................................................................... 8 Figure 2 – Annexation to Villages on Vine Street Setback Landscaping Assessment District (Assessment District No. 107) ...................................................................... 11 Figure 3 – Annexation to Villages on Vine Street Lighting Assessment District (Assessment District No. 108) .................................................................................. 14 Figure 4 – Trower Neighborhood Park Assessment District (Assessment District No. 10) - Summary Cost Estimates .......................................................................................... 29 Figure 5 – Annexation to Villages on Vine Street Setback Landscaping Assessment District (Assessment District No. 107) - Summary Cost Estimates ........................... 30 Figure 6 – Annexation to Villages on Vine Street Lighting Assessment District (Assessment District No. 108) - Summary Cost Estimates ....................................... 31 Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Overview
Introduction
Annexation of the Harmony Village properties (“Property”) into the existing Trower Neighborhood Park Assessment District No. 10, Villages on Vine Street Setback Landscaping Assessment District No. 107 and Villages on Vine Street Lighting Assessment District No. 108, (the "Assessment Districts"), are proposed to provide funding for the maintenance and improvement setback landscaping improvements, streetlights and a neighborhood park to benefit the Property in the Harmony Village development that are proposed for inclusion in the Assessment Districts. The Property will consist of 10 singlefamily homes located on approximately one acre of land located on the corner of Scoggins Court and East Monte Vista Avenue. These Assessment District annexations, described in this Engineer’s Report, result from agreements or conditions of development approval between the City of Vacaville and developers of the property (Habitat for Humanity) whereby the City and the developer agreed on maintenance of setback landscaping improvements proximate to the Property to reduce the visual impact of buildings on the Property and to enhance public views and resources, maintenance of street lighting to enhance public safety and security, neighborhood park maintenance to improve the appeal of the Property and recreational amenities available to the property in the Assessment Districts.
This Engineer’s Report ("Report") was prepared to establish the budget for the services that would be funded by the proposed 2026-27 assessments and to determine the benefits received from the maintenance and improvements by the Property within the Assessment Districts and the method of assessment apportionment to lots and parcels.
This Report and the proposed assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”).
Following submittal of this Report to the City of Vacaville City Council (the “Council”) for preliminary approval, the Council may, by Resolution, call for an assessment ballot proceeding, and Public Hearing on the proposed establishment of assessments for the improvements.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
If the Council approves such Resolution, a notice of assessment and assessment ballot will be mailed to the property owner within the Assessment Districts at least 45 days prior to the date of the Public Hearing. Such notice would include a description of the proposed assessments as well as an explanation of the method of voting on the assessments. Each notice would also include a postage prepaid ballot on which the property owner could mark his or her approval or disapproval of the proposed assessments.
After the ballots are mailed to the property owner in the Assessment Districts, a minimum 45-day time period must be provided for the return of the assessment ballots. (However, the property owner may waive their right to the 45 day ballot period in order to expedite annexation to the Assessment Districts, by so signing the ballot in agreement to this effect.) Following the ballot period, a public hearing must be held for the purpose of allowing public testimony regarding the proposed assessments. This hearing is scheduled for October 13, 2026 at 6:00 p.m. At this hearing, the public will have the opportunity to speak on this issue, and returned ballots will be tabulated.
If it is determined at the public hearing that the assessment ballots submitted in opposition to the proposed assessments do not exceed the assessment ballots submitted in favor of the assessments (weighted by the proportional financial obligation of the property for which ballots are submitted), the Council may take action to authorize the annexations.
Charges for the Assessment Districts will not be levied until a building permit is issued for the parcels. After issuance of a building permit, the full applicable rates for the fiscal year shall be applied as provided herein.
Legislative Analysis
Proposition 218
This assessment was formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.
Proposition 218 describes a number of important requirements, including a propertyowner balloting, for the continuation of assessments, and these requirements are satisfied by the process used to establish this assessment.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA vs.
SCCOSA”). This ruling is the most significant legal document in further legally clarifying Proposition 218. Several of the most important elements of the ruling included further emphasis that:
Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined
Special benefits are directly received by and provide a direct advantage to property in the assessment district
This Engineer’s Report and the assessments are consistent with the SVTA vs. SCCOSA decision and with the requirements of Article XIIIC and XIIID of the California based on the following factors:
1. The assessment revenue derived from real property in each Assessment District is extended only on specifically identified improvements and/or maintenance and servicing of those improvements in that Assessment District and other improvements in the Assessment District that confer special benefits to property in that Assessment District.
2. The use of Assessment Districts ensures that the improvements constructed and maintained with assessment proceeds are located in close proximity to the real property subject to the assessment, and that such improvements provide a direct advantage to the property in the Assessment Districts.
3. Due to their proximity to the assessed parcels, the improvements and maintenance thereof financed with assessment revenues in each Assessment District benefit the property in that Assessment District in a manner different in kind from the benefit that other parcels of real property in the City derive from such improvements, and the benefits conferred on such property in each Assessment District are more extensive and direct than a general increase in property values.
4. The assessments paid in each Assessment District are proportional to the special benefit that each parcel within that Assessment District receives from such improvements and the maintenance thereof because:
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
a. The Engineer’s Report specifically identifies the permanent public improvements that the assessments will finance;
b. The costs of such improvements are estimated and calculated; and c. Such improvement and maintenance costs in each Assessment District are allocated to each property within each Assessment District based upon the estimated special benefits received from the improvements.
Dahms v. Downtown Pomona Property
On June 8, 2009, the 4th District Court of Appeals amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court denied review. Hence Dahms is good law and binding precedent for assessments. In Dahms the Court upheld an assessment that was 100% special benefit (i.e., 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the Assessment District. The Court also upheld discounts and exemptions from the assessment for certain properties.
Bonander v. Town of Tiburon
On December 31, 2009, the 1st District Court of Appeals overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub-areas of the assessment district instead of proportional special benefits.
Beutz v. County of Riverside
On May 26, 2010 the 4th District Court of Appeals issued a decision on the Steven Beutz v.
County of Riverside (“Beutz”) appeal. This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the San Diego Court of Appeals issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City of San Diego had failed to record the basis for the assessment on its own parcels.
Compliance with Current Law
This Engineer’s Report is consistent with the requirements of Article XIIIC and XIIID of the California Constitution and with the SVTA decision because the improvements to be funded are clearly defined; the improvements are directly available to and will directly benefit property in the Assessment Districts; and the improvements provide a direct advantage to property in the Assessment Districts that would not be received in absence of the assessments.
This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the improvements will directly benefit property in the Assessment Districts and the general benefits have been explicitly calculated and quantified and excluded from the assessments. The Engineer’s Report is consistent with Bonander because the assessments have been apportioned based on the overall cost of the improvements and proportional special benefit to each property.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Plans & Specifications
The work and improvements proposed to be undertaken by the City of Vacaville and the annexation of the Harmony Village properties into the Villages on Vine Setback Landscaping Assessment District, Villages on Vine Lighting Assessment District, and the Trower Neighborhood Park Assessment District (the "Assessment Districts"), and the costs thereof paid from the levy of the annual assessments, provide special benefit to Assessor Parcels within the Assessment Districts as defined in the Method of Assessment herein. Consistent with the Landscaping and Lighting Act of 1972, (the “Act”) the work and improvements are generally described as follows:
Installation, maintenance and servicing of public improvements, including but not limited to, street lights, playground equipment, park facilities, turf, ground cover, shrubs, trees, irrigation systems, fencing, walls, trails, walkways, stormwater quality/treatment and drainage facilities, entry monuments, open space, and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for property within the Assessment Districts that is owned or maintained by the City of Vacaville (the “Improvements”). Any plans and specifications for these improvements will be filed with the City Engineer of the City of Vacaville and are incorporated herein by reference.
As applied herein, “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, or the maintenance of any other improvements.
Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; pursuant to Streets & Highways Code Section 22662.5.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Fiscal Year 2026-27 Estimate of Cost and Budget
Annexation of Property to Trower Neighborhood Park Assessment District No. 10
Description of Improvements
Maintenance, improvement, and servicing of Trower neighborhood park including but not limited to approximately 1.5 acres of turf, landscaping, irrigation system, lighting, site furnishings, pathways, picnic areas, one 2-5 and one 5-12 year old play structure, and basketball court.
The budget depicted in the table on the following page reflects estimated costs for Fiscal Year 2026-27. Total maintenance costs for Fiscal Year 2026-27 for parcels currently in the Trower Neighborhood Park Assessment District are anticipated to total $76,314.
Additional maintenance costs for Fiscal Year 2026-27 allocated to annexed Property total $1,087, equating to $108.70 per single-family dwelling unit.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Figure 1 – Annexation to Trower Neighborhood Park Assessment District (Assessment District No. 10)
Estimate of Cost 2026-27
DIRECT COSTS
Salaries & Benefits $52,036
Part Time Costs $8,502
Equipment Replacement $0
Lease Payments $239
Central Garage $5,941
Services & Supplies $7,085
Capital Improvement Projects $0
Subtotal $73,802
ADMINISTRATION COSTS
Equipment Insurance $0
Liability Insurance $2,006
County Collection Charges $60
Financial Management Fees $446
Subtotal $2,512
LEVY BREAKDOWN
Total Direct and Admin. Costs $76,314
Contribution to/(from) Reserve Fund $0
Contribution to/(from) Cap. Improv. Fund $0
Total Benefit of Improvements & Services $76,314
Total EDU Units 55.00
Benefit received per EDU $1,387.53
Less
General Fund Contribution for General Benefits ($7,631) General Fund Contribution toward Special Benefits ($62,704) Balance to Levy $5,979
Budget to Assessment
Total Budget $5,979
Additional Budget Amount to be Paid by Annexation $1,087.00 Total EDU Units 10.00
Rate per EDU Unit $108.70
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
*The budget allows a 3% CPI adjustment based on the highest allowable rate based on assessments previously charged for the Assessment District. The assessment for 2026-27 is the maximum allowable rate, including the authorized annual adjustment, the maximum proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Trower Neighborhood Park Assessment District is $108.70 per EDU unit. These are the maximum rates for fiscal year 2026-27 that may be levied. Parcels shall not be levied until a building permit is issued for the parcel. After issuance of a building permit the improved property rate for the fiscal year shall be applied, as increased annually by the CPI adjustment.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Annexation of Property to Villages on Vine Street Setback Landscaping Assessment District No. 107
Description of Improvements
Maintenance and servicing of one soundwall adjacent to East Monte Vista Avenue and the Harmony Village development.
The budget depicted in the table on the following page reflects estimated costs for Fiscal Year 2026-27. Total maintenance costs for Fiscal Year 2026-27 for parcels currently in the Villages on Vine Street Setback Landscaping Assessment District are anticipated to total $4,582. Additional maintenance costs for Fiscal Year 2026-27 allocated to annexed Property total $580, equating to $58.00 per equivalent dwelling unit.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Figure 2 – Annexation to Villages on Vine Street Setback Landscaping Assessment District (Assessment District No. 107)
Estimate of Cost 2026-27
DIRECT COSTS
Salaries & Benefits $4,610
Part Time Costs $1,500
Equipment Replacement $0
Lease Payments $0
Central Garage $403
Services & Supplies $0
Capital Improvement Projects $0
Subtotal $6,513
ADMINISTRATION COSTS
Equipment Insurance $0
Liability Insurance $178
County Collection Charges $46
Financial Management Fees $342
Subtotal $566
LEVY BREAKDOWN
Total Direct and Admin. Costs $7,079
Contribution to/(from) Reserve Fund $0
Contribution to/(from) Cap. Improv. Fund ($2,497)
Total Benefit of Improvements & Services $4,582
Total EDU Units 79.00
Benefit received per EDU $58.00
Less
General Fund Contribution for General Benefits $0
General Fund Contribution toward Special Benefits $0
Balance to Levy $4,582
Budget to Assessment
Total Budget $4,582
Additional Budget Amount to be Paid by Annexation $580
Total EDU Units 10.00
Rate per EDU Unit $58.00
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
*The budget allows a 3% CPI adjustment based on the highest allowable rate based on assessments previously charged for the Assessment District. The assessment for 2026-27 is below the maximum allowable rate, including the authorized annual adjustment, the maximum, proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Villages on Vine Street Setback Landscaping Assessment District is $274.14 per EDU unit. These are the maximum rates for fiscal year 2026-27 that may be levied. Parcels shall not be levied until a building permit is issued for the parcel. After issuance of a building permit the improved property rate for the fiscal year shall be applied, as increased annually by the CPI adjustment.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Annexation of Property to Villages on Vine Street Lighting Assessment District No. 108
Description of Improvements
Maintenance and servicing of two standard cobra head streetlights within the Harmony Village development.
The budget depicted in the table on the following page reflects estimated costs for Fiscal Year 2026-27. Total maintenance costs for Fiscal Year 2026-27 for parcels currently in the Villages on Vine Street Lighting Assessment District are anticipated to total $8,072.
Additional maintenance costs for Fiscal Year 2026-27 allocated to annexed Property total $1,021.80, equating to $102.18 per equivalent dwelling unit.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Figure 3 – Annexation to Villages on Vine Street Lighting Assessment District (Assessment District No. 108)
Estimate of Cost 2026-27
DIRECT COSTS
Salaries & Benefits $606
Part Time Costs $0
Equipment Replacement $0
Lease Payments $1,232
Central Garage $23
Services & Supplies $2,042
Capital Improvement Projects $0
Subtotal $3,904
ADMINISTRATION COSTS
Equipment Insurance $0
Liability Insurance $23
County Collection Charges $81
Financial Management Fees $602
Subtotal $706
LEVY BREAKDOWN
Total Direct and Admin. Costs $4,610
Contribution to/(from) Reserve Fund $2,000
Contribution to/(from) Cap. Improv. Fund $1,463
Total Benefit of Improvements & Services $8,072
Total EDU Units 79.00
Benefit received per EDU $102.18
Less
General Fund Contribution for General Benefits $0
General Fund Contribution toward Special Benefits $0
Balance to Levy $8,072
Budget to Assessment
Total Budget $8,072
Additional Budget Amount to be Paid by Annexation $1,021.80 Total EDU Units 10.00
Rate per EDU Unit $102.18
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
*The budget allows a 3% CPI adjustment based on the highest allowable rate based on assessments previously charged for the Assessment District. The assessment for 2026-27 is below the maximum allowable rate, including the authorized annual adjustment, the maximum, proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Villages on Vine Street Lighting Assessment District is $105.25 per EDU unit. These are the maximum rates for fiscal year 2026-27 that may be levied. Parcels shall not be levied until a building permit is issued for the parcel. After issuance of a building permit the improved property rate for the fiscal year shall be applied, as increased annually by the CPI adjustment.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
METHOD OF APPORTIONMENT
This section of the Engineer's Report includes an explanation of the benefits to be derived from the installation, maintenance and servicing of setback landscaping, street lighting and neighborhood parks and the methodology used to apportion the total assessment to properties within the Assessment Districts.
The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the Assessment Districts over and above general benefits conferred on real property or to the public at large. The assessment is apportioned to lots and parcels in proportion to the relative cost of the special benefits from the Improvements. Special benefit is calculated for each parcel in the Assessment Districts using the following process:
1. Identification of all benefit factors derived from the Improvements
2. Calculation of the proportion of these benefits that are general
3. Determination of the relative special benefit within different areas within the Assessment Districts
4. Determination of the relative special benefit per property type
5. Calculation of the specific assessment for each individual parcel based upon special vs. general benefit; location, property type, property characteristics, improvements on property and other supporting attributes The parcels proposed for annexation to the Villages on Vine Street Setback Landscaping Assessment District, Villages on Vine Street Lighting District and Trower Neighborhood Park Assessment District consist of all Assessor Parcels within the boundaries as defined by the Assessment Diagrams included within this Report and the Assessor Parcel Numbers listed within the included Assessment Roll. The method used for apportioning the assessments is based upon the proportional special benefits to be derived by the properties in the Villages on Vine Street Setback Landscaping Assessment District, Villages on Vine Street Lighting District and Trower Neighborhood Park Assessment District, over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the improvements, and the second step is to allocate the assessments to property based on the estimated relative special benefit for each type of property.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Discussion of Benefit
In summary, the assessments can only be levied based on the special benefit to property.
This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s use of the Assessment District's setback landscaping, neighborhood parks or street lights, or a property owner’s specific demographic status. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the Improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the installation, maintenance and servicing of setback landscaping, street lights and parks to be provided with the assessment proceeds. These categories of special benefit are derived from the statutes passed by the California Legislature and other studies which describe the types of special benefit received by property from maintenance and improvements such as those proposed by the City of Vacaville and the Villages on Vine Street Setback Landscaping Assessment District, Villages on Vine Street Lighting District and the Trower Neighborhood Park Assessment District. These types of special benefit are summarized as follows:
A. Proximity to Improved Landscaped Areas and Other Permanent Public Improvements within or adjacent to the Assessment Districts.
B. Access to Improved landscaped areas and Other Permanent Public Improvements within or adjacent to the Assessment Districts.
C. Improved Views within or adjacent to the Assessment Districts.
D. Extension of a property’s outdoor areas and Landscaped Areas for properties within close proximity to the Improvements.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
E. Creation of individual lots for residential and commercial use that, in absence of the assessments, would not have been created.
F. Security and sound reduction provided by the soundwall.
G. Security and enhanced access provided by the streetlights.
These benefit factors, when applied to property in the Assessment Districts, specifically increase the value of the land within the Assessment Districts. For example, the assessments will provide funding to improve and maintain the soundwall adjacent to the properties in the Assessment Districts. Such improved and well-maintained soundwalls enhance the overall quality, desirability and safety of the properties. In turn, property values are specifically enhanced by the noise reduction, increased security and privacy provided by the soundwall. In addition, well maintained street lighting provides specific value to the properties in the Assessment Districts by improving the safety, security and access of the properties. This is the fundamental special benefit to properties in the Assessment Districts.
In this case, the recent the SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar public improvements in three distinct areas:
Proximity
Expanded or improved access
Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment:
The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values).
Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
General versus Special Benefit
In absence of the assessments, the Improvements in each Assessment District would not be provided, so the Improvements are “over and above” what otherwise would be provided. Many of the parcels would not even exist if the assessments were not established because an assessment for the specific Improvements within the Assessment Districts was a condition of development approval.
All of the Assessment proceeds derived from each Assessment District will be utilized to fund the cost of providing a level of tangible “special benefits” in the form of proximate parks, landscaping, and other permanent public improvements. The Assessments are also structured to provide specific Improvements within each Assessment District, further ensuring that the Improvements funded by the Assessments are of specific and special benefit to property within each Assessment District.
Although these Improvements may be available to the general public at large, the public landscaping and other public improvements in each Assessment District were specifically designed, located and created to provide additional and improved public resources for the direct advantage of property inside the Assessment District, and not the public at large. Other properties that are either outside an Assessment District or within an Assessment District and not assessed, do not enjoy the unique proximity, access, views and other special benefit factors described previously. Moreover, many of the homes and other improvements on parcels in the Assessment Districts would not have been built if the Assessments were not established because an assessment for public landscaping, and parks was a condition of development approval.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Benefit Finding
In summary, real property located within the boundaries of the Assessment Districts distinctly and directly benefits from closer proximity, access and views of Improvements funded by the Assessments, the creation of developable parcels and from the extension of usable land area provided by the assessments. The Improvements are specifically designed to serve local properties in each Assessment District, not other properties or the public at large. The Assessment Districts have been narrowly drawn to include those parcels that receive a direct advantage from the Improvements. The public at large and other properties outside the Assessment Districts receive only limited benefits from the Improvements because they do not have proximity, good access or views of the Improvements. These are special benefits to property in the Assessment Districts in much the same way that sewer and water facilities, sidewalks and paved streets enhance the utility and desirability of property and make them more functional to use, safer and easier to access.
Without the Assessments, the public improvements within the Assessment Districts would not be constructed or maintained. If this happened, it would create a significant and material negative impact on the desirability, utility and value of property in the Assessment Districts. The Improvements are, therefore, clearly above what otherwise would be provided. In fact, it is reasonable to assume that if Assessments were not collected and the Improvements were not maintained as a result, properties in the Assessment Districts would decline in desirability, utility and value by significantly more than the amount of the Assessments. We therefore conclude that all the Improvements funded by the Assessments are of special benefit to the identified benefiting properties located within the Assessment Districts and that the value of the special benefits from such Improvements to property in the Assessment Districts reasonably exceeds the cost of the Assessments for every assessed parcel in the Assessment Districts. (In other words, as required by Proposition 218: the reasonable cost of the proportional special benefit conferred on each parcel reasonably exceeds the cost of the assessments.) Parks Improvements
Although the analysis summarized above concludes that the benefits are solely special, as described above, consideration is made for a portion of the benefits from park and recreation Improvements being general because such improvements can be used by the public at large. Therefore, a more conservative approach for park and recreation Improvements is to estimate a percentage of general benefits from such Improvements and establish a requirement for funding from other sources to cover any general benefits from in the Assessment Districts with park and recreation Improvements.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
One measure of general benefits from park and recreation Improvements is the percentage of time such park and recreation Improvements are used by individuals who are not residents, employees, customers or property owners in the Assessment Districts.
Field surveys conducted by SCI in many other similar communities in California have found that for similar local parks such as those within certain Assessment Districts, typically 5% of the park users do not live or work within the Assessment District. This is a measure of the general benefits to the public at large. When people outside the Assessment Districts use parks, they diminish the availability of parks for property within the Assessment Districts. Therefore, another 5% of general benefits are allocated for any general benefit to property within the Assessment Districts and any other benefits to property outside of the Assessment Districts. Combining these two measures of general benefits, we conclude that 10% of the benefits from the park and recreation Improvements may be general benefits.
For each Assessment District funding parks and recreation Improvements, the City will contribute from sources other than the assessments, a minimum of 10% to cover any general benefits. These contributions will serve to offset any general benefits.
Other Improvements
Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration must be made that a portion of the benefits from the assessments for Improvements other than parks are general. General benefits cannot be funded by these assessments - the funding must come from other sources.
The maintenance and servicing of such Improvements are also partially funded, directly and indirectly from other sources including property owners, City of Vacaville, the County of Solano and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of ancillary facilities (e.g., curbs, gutters, streets, drainage systems, etc.).
This funding from other sources more than compensates for general benefits, if any, received by the properties within such Assessment Districts.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
As noted earlier, in the 2009 Dahms case, the Court upheld an assessment that was 100% special benefit on the rationale that the services funded by the assessments were directly provided within the assessment district. It is also important to note that the improvements and services funded by the assessments in the Dahms case are similar to the improvements and services funded by the Assessments described in this Engineer’s Report, which the Court in Dahms found to be 100% special benefit. Also, similar to the assessments in Dahms, the Assessments described in this Engineer’s Report fund improvements and services directly provided within the Assessment Districts and every benefiting property in the Assessment Districts enjoys proximity and access to the Improvements. Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments.
The General Benefits from these assessments may be quantified as illustrated in the following table.
TABLE 1 – GENERAL BENEFIT FACTORS
As a result, the City will contribute at least 1.2% of the total budget from sources other than the assessments. This contribution offsets any general benefits from the Assessment Services.
This general benefit contribution is the sum of the following components:
Relative
Relative General Benefit General
Benefit Factor Weight Contribution Benefit
Creation of parcels 90 0% 0
Access and extension of open space 2 10% 0.2
Noise reduction and improved security from soundwalls 2 10% 0.2 Improved views 4 10% 0.4
Improved nighttime visibility and safety from streetlights 2 20% 0.4 100 1.2
Total Calculated General Benefit = 1.2%
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
The City owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the improvements.
The contribution from the City towards general benefit from the maintenance, rehabilitation and replacement of the curb and gutter is conservatively estimated to be 1%.
The City owns and maintains local public streets along the border of the Assessment District improvements. These public streets provide access to the improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance local public streets is conservatively estimated to be 1%.
The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs, and is conservatively estimated to contribute 25%.
Therefore the total General Benefit is conservatively quantified at 1.2% which is more than offset by the total non-assessment contribution towards general benefit of 27%.
Method of Assessment
The second step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single family home, or, in other words, on the basis of Equivalent Dwelling Units (EDU). This EDU methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer’s Report, all properties are designated an EDU value, which is each property’s relative benefit in relation to a single family home on one parcel. In this case, the "benchmark" property is the single family detached dwelling which is one Equivalent Dwelling Unit or one EDU.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Assessment Apportionment
The assessments are apportioned among all lots and parcels within the Assessment Districts on the basis of Equivalent Dwelling Units (EDU). This EDU methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer’s Report, all properties are designated an EDU value, which is each property’s relative benefit in relation to a single family home on one parcel. The "benchmark" property is the single family detached dwelling which is equal to one Equivalent Dwelling Unit benefit factor.
The proposed assessments for Property proposed to be included in Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment Districtand Villages on Vine Street Lighting Assessment District, would provide direct and special benefit to Properties in these Assessment Districts. The Harmony Village development consisting of single-family homes, with the annexation area consisting of 10 projected single-family units.
Therefore, the Engineer has determined that the appropriate method of apportionment of the benefits derived by all residential parcels is on an equivalent dwelling unit basis, and the appropriate method of apportionment of the benefits derived by all commercial/industrial parcels is on an acreage unit basis. All improved properties or properties proposed for development are assigned an EDU factor equal to the number of dwelling units developed or planned for the property, as shown in the table below. The assessments are listed on the Assessment Roll in Appendix B.
TABLE 2 – LAND USE/BENEFIT USE FACTORS
Property Type-Land Use EDU per Acre or Unit
Code
Single Family Residential 1.00
Multi-Family Residential 0.70
Vacant Land 0.30
Commercial & Industrial 1.00
Government & Non-taxable 0.00
Residential Properties
All improved residential properties that represent a single residential dwelling unit are assigned one Equivalent Dwelling Unit or 1.0 EDU. Traditional houses, zero-lot line houses, townhomes, and duplexes are included in this category.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
The special benefits derived from the Landscaping and Lighting Assessment Districts are conferred on property and are not based on any one property owner’s use of the improvements. However, it is ultimately people who enjoy the special benefits described above, use the City’s grounds and facilities and control property values by placing a value on special benefits to be provided by the Districts. Therefore, the assessments are proportionately related to the relative number of people who live on, work at or otherwise use a property.
Properties with more than one residential unit are designated as multi-family residential properties. These properties benefit from the improvements in proportion to the number of dwelling units that occupy each property and the average number of people who reside in multi-family residential units versus the average number of people who reside in a single family home. The demographic factors for the City of Vacaville, as depicted below, provide the basis for determining the EDU factors for residential properties. Using the total population in the City of Vacaville from the 1990 Census (the most recent Census available at the outset of the City of Vacaville’s Landscaping and Lighting Assessment District formations) and dividing it by the total number of households, approximately 2.91 persons occupy each single family residence, whereas an average of 2.16 persons occupy each multi-family residence. Using the ratio of one EDU for each single-family residence, which equates to one EDU for every 2.91 persons, 0.7 EDU would equate to one multifamily unit or 0.7 EDU for every 2.16 persons.
Table 3 - Residential Assessment Factors
Total Persons EDU
Population Households per Household Factor
Single-Family Residential 49,371 16,954 2.91 1.0
Multi-Family Residential 11,761 5,442 2.16 0.7
Source: 1990 Census, City of Vacaville
Commercial/Industrial Properties
The EDU values for commercial and industrial land uses are based on the equivalence of special benefit on a land area basis between single family residential property and the average commercial/industrial property. In general, the variation in benefits received by a parcel, respectively, from the various improvements may be said to be proportional to the size of the parcel. Therefore, Commercial and Industrial parcels are assigned one Benefit Unit Factors (EDUs) per acre of land.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Vacant Residential Land
It is the Engineer’s determination that approximately 30% of the benefit from the Districts flows to the underlying land and approximately 70% of the benefit passes on the improvements made to each parcel. Therefore, vacant residential land is assigned 0.30 EDU per parcel, until the parcel is subdivided and improvements have commenced.
Parcels in the Harmony Village development shall not be levied until a building permit is issued for the parcel. After issuance of a building permit the improved property rates for the fiscal year shall be applied.
Other Properties
All properties that are benefited are assessed. Agricultural properties without living units, utilities, certain parcels owned by public agencies, church properties, common area parcels, cemeteries and schools are generally available to provide recreational, scenic or other benefits to the community. As such, they tend to provide similar benefits as the City’s properties that would be improved by the Landscaping and Lighting Assessment Districts. Any benefits they could receive are generally offset by the same benefits they provide. Moreover, parcels owned by a public agency or charitable organization have no assessed value and therefore do not receive the special benefit of specifically increased property values from the Landscaping and Lighting Districts. These parcels are, therefore, not specially benefited and are not assessed.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Assessment
WHEREAS, the City Council of the City of Vacaville, County of Solano, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), adopted its Resolution Initiating Proceedings for the annexation of the Harmony Village development (“Property”) to the Villages on Vine Street Setback Landscaping Assessment District, Villages on Vine Street Lighting Assessment District and Trower Neighborhood Park Assessment District; WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment Districts and an assessment of the estimated costs of the improvements upon all assessable parcels within the Assessment Districts, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of said City of Vacaville, hereby make the following assessments to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the Assessment Districts.
WHEREAS, the undersigned Engineer of Work has prepared and filed a report presenting an estimate of costs, a diagram for the Assessment Districts and an assessment of the estimated costs of the improvements upon all assessable parcels within the Assessment Districts;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of the City of Vacaville, County of Solano, California, hereby make the following assessment to cover the portion of the estimated cost of said improvements, and the costs and expenses incidental thereto to be paid by the Assessment Districts.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Summary Cost Estimates
The amount to be paid for improvements and expenses incidental thereto, that would have been paid by the annexation of Properties to the Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District, for the Fiscal Year 2026-27, are fully detailed in the Engineer’s Report for the City of Vacaville Landscape and Lighting Assessment Districts. Reference is hereby made to said Report for further particulars regarding said annexations. Following are the current Assessment District budgets for Fiscal Year 2026-27. Assessments to properties in the Assessment Districts shall be in addition to the budget totals shown in the tables on the following pages.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Figure 4 – Trower Neighborhood Park Assessment District (Assessment District No. 10) - Summary Cost Estimates
FY 2026-27
BUDGET
Direct Costs $73,802
Administrative & Incidental Costs $2,512
Contribution to/(from) Reserve Fund $0
Contribution to/(from) Cap. Improv. Fund $0
General Fund Contribution for General Benefits ($7,631) General Fund Subsidy ($62,704)
TOTAL BUDGET $5,979
Budget to Assessment
Total Budget $5,979
Additional Budget Amount to be Paid by Annexation $1,087 Total EDU Units 10.00
*Rate per EDU Unit $108.70
*Including the authorized annual adjustment, the maximum, proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Trower Neighborhood Landscaping Assessment District is $108.70.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Figure 5 – Annexation to Villages on Vine Street Setback Landscaping Assessment District
(Assessment District No. 107) - Summary Cost Estimates
FY 2026-27
BUDGET
Direct Costs $6,513
Administrative & Incidental Costs $566
Contribution to/(from) Reserve Fund $0
Contribution to/(from) Cap. Improv. Fund ($2,497)
General Fund Contribution toward Special Benefits $0
TOTAL BUDGET $4,582
Budget to Assessment
Total Budget $4,582
Additional Budget Amount to be Paid by Annexation $580
Total EDU Units 10.00
*Rate per EDU Unit $58.00
*Including the authorized annual adjustment, the maximum, proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Villages on Vine Setback Landscaping Assessment District is $274.14.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Figure 6 – Annexation to Villages on Vine Street Lighting Assessment District (Assessment District No. 108) - Summary Cost Estimates
FY 2026-27
BUDGET
Direct Costs $3,904
Administrative & Incidental Costs $706
Contribution to/(from) Reserve Fund $2,000
Contribution to/(from) Cap. Improv. Fund $1,463
General Fund Contribution toward Special Benefits $0
General Fund Contribution toward General Benefits $0
TOTAL BUDGET $8,072
Budget to Assessment
Total Budget $8,072
Additional Budget Amount to be Paid by Annexation $1,022 Total EDU Units 10.00
*Rate per EDU Unit $102.18
*Including the authorized annual adjustment, the maximum, proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Villages on Vine Lighting Assessment District is $105.25.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of said Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District. The distinctive number of each parcel or lot of land in said property proposed for annexation into existing City of Vacaville Assessment Districts, is its Assessor Parcel Number appearing on the Assessment Roll.
And I do hereby assess and apportion said net amount of the cost and expenses of said improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District, in accordance with the special benefits to be received by each parcel or lot from the improvements, and more particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof.
The assessments are made upon the parcels or lots of land within Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District, in proportion to the special benefits to be received by the parcels or lots of land, from said improvements.
The assessments are subject to an annual adjustment tied to the Consumer Price Index for the San Francisco Bay Area as of December of each succeeding year, with the maximum annual adjustment not to exceed 3%. In the event that the annual change in the CPI exceeds 3%, any percentage change in excess of 3% can be cumulatively reserved and can be added to the annual change in the CPI for years in which the CPI change is less than 3%. Including the authorized annual adjustment, the maximum, proposed fiscal year 2026-27 assessment rate per equivalent dwelling unit for the Trower Neighborhood Park Assessment District (Assessment District #10) is $108.70, Villages on Vine Street Setback Landscaping Assessment District (Assessment District #107) is $274.14 and Villages on Vine Street Lighting Assessment District (Assessment District #108) is $105.25.
Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Solano for the fiscal year 2026-
27. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2026-27 for each parcel or lot of land within the Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District.
Dated: August 27, 2026
Engineer of Work
By .
John Bliss, License No. C52091
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Appendices
Appendix A – Assessment Diagram
Appendix B – Assessment Roll, FY 2026-27
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Appendix A – Assessment Diagram
The boundaries of the Property proposed to be annexed into the Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District are displayed on the following Assessment Diagram.
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
Appendix B – Assessment Roll, FY 2026-27
The Assessment Roll (a listing of all parcels proposed to be included in the Trower Neighborhood Park Assessment District, Villages on Vine Street Setback Landscaping Assessment District and Villages on Vine Street Lighting Assessment District, and the amount of the assessments) will be filed with the City Clerk and is, by reference, made part of this report and is available for public inspection during normal office hours. The Assessment Roll is shown below.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this report.
These records shall govern for all details concerning the description of the lots or parcels.
Note: The assessments listed above are based on the following improved property rates per equivalent dwelling unit (EDU) for Fiscal Year 2026-27 for the existing Assessment Districts:
Trower Neighborhood Park Assessment District #10 $108.70 Vine Street Setback Landscaping Assessment District #107 $58.00 Vine Street Lighting Assessment District #108 $102.18
These rates do not include the allowable escalation factor for future years. Including the allowable escalation factor, the maximum amounts that could be levied for fiscal year 2026-27 are depicted on the following table.
2026-27 2026-27 2026-27
Developed Developed Developed
Property Property Property
Assessment Assessment Assessment
Parcel Owner 10 107 108
0129-310-360 SOLANO-NAPA HABITAT FOR HUMANITY INC $0.00 $0.00 $0.00 0129-310-370 SOLANO-NAPA HABITAT FOR HUMANITY INC $108.70 $58.00 $102.18 0129-310-400 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $116.00 $204.36 0129-310-230 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $116.00 $204.36 0129-310-250 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $116.00 $204.36 0129-310-240 SOLANO-NAPA HABITAT FOR HUMANITY INC $108.70 $58.00 $102.18 0129-310-260 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $116.00 $204.36 $1,087.00 $580.00 $1,021.80
Item 11.a
City of Vacaville
Harmony Village Annexation to Existing Assessment Districts Engineer’s Report, FY 2026-27
The assessments listed above are based on the following improved property rates per equivalent dwelling unit (EDU) for Fiscal Year 2026-27:
Trower Neighborhood Park Assessment District # 10 $108.70 Vine Street Setback Landscaping Assessment District #107 $274.14 Vine Street Lighting Assessment District #108 $105.25
These are the maximum rates for fiscal year 2026-27 that may be levied. Parcels shall not be levied until a building permit is issued for the parcel. After issuance of a building permit the improved property rate for the fiscal year shall be applied, as increased annually by the CPI adjustment.
2026-27 2026-27 2026-27
Developed Developed Developed
Property Property Property
Assessment Assessment Assessment
Parcel Owner 10 107 108
0129-310-360 SOLANO-NAPA HABITAT FOR HUMANITY INC $0.00 $0.00 $0.00 0129-310-370 SOLANO-NAPA HABITAT FOR HUMANITY INC $108.70 $274.14 $105.25 0129-310-400 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $548.28 $210.50 0129-310-230 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $548.28 $210.50 0129-310-250 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $548.28 $210.50 0129-310-240 SOLANO-NAPA HABITAT FOR HUMANITY INC $108.70 $274.14 $105.25 0129-310-260 SOLANO-NAPA HABITAT FOR HUMANITY INC $217.40 $548.28 $210.50 $1,087.00 $2,741.40 $1,052.50
Item 11.a
Item 11.a
Item 11.a
Public Hearing for Annexation into the Trower Neighborhood Park Assessment District No.10, Villages on Vine Street Setback Landscaping Assessment District No. 107, and Villages on Vine Street Lighting Assessment District No. 108
Item 11.a
Public Works Department
• Approve the Engineer’s Report
• Confirm Diagrams and Assessments
• Levy of Assessments for FY 2026-27
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 2 of 10 Item 11.a
Annexation Boundary
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 3 of 10 Item 11.a
Development Conditions
Assessment Districts typically fund maintenance activities for:
• Street Lighting
• Setback Landscaping
• Drainage Facilities
• Neighborhood Parks
• Open Space (not included in this project)
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 4 of 10 Item 11.a
Landscape & Lighting Assessment District Process
• Special assessments established under the Landscape and Lighting Act of 1972
• September 22nd City Council Meeting
• Granted preliminary approval of the Engineer’s Report • Set the public hearing for October 13, 2026
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 5 of 10 Item 11.a
Landscape & Lighting Assessment District Process
• A ballot was sent to the property owner at the conclusion of the last City Council meeting and the signed ballot is now in the possession of the City Clerk.
• After public comment, the City Clerk will open the ballot and present the findings.
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 6 of 10 Item 11.a
Landscape & Lighting Assessment District Process
• Public Comments
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 7 of 10 Item 11.a
Landscape & Lighting Assessment District Process
• Open Ballot by City Clerk
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 8 of 10 Item 11.a
Fees
• Developers typically pay a fee (approx. $3,900) for staff costs associated with this item.
• The Developer’s engineer requested the City pay this fee. • Staff is seeking Council direction. Council may:
• (1) require Solano-Napa Habitat for Humanity to pay the adopted fee; • (2) authorize one-time payment from the General Fund; or • (3) authorize one-time payment from the Public Works Development Engineering Fund.
• If (2) or (3) are chosen, City payment of fees is limited to this project and should not establish an ongoing City practice for fees associated with other development projects or nonprofit organizations.
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 9 of 10 Item 11.a
Recommendation
By simple motion, that the City Council of the City of Vacaville adopt the subject Resolution.
October 13, 2026 Agenda Item ___ Harmony Village LLMD - Slide 10 of 10 Item 11.a
CITY OF VACAVILLE
CITY COUNCIL
STAFF REPORT
Meeting Date: October 13, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development Director (Staff Contact: Albert Enault, Acting Planning Manager
(707) 449-5364)
Subject: Resolution of the City Council of the City of Vacaville reaffirming the Farm at Alamo Creek Specific Plan and
Development Project Final Environmental Impact Report in connection with the specific plan and development agreement amendments to the Farm at Alamo Creek, located east of
Leisure Town Road, north of Elmira Road and south of Hawkins Road on Assessor Parcel Number 0138-010-180, and approving an amendment to the Farm at Alamo Creek Specific Plan; and Ordinance of the City Council of the City of Vacaville adopting the first amendment to the Development Agreement by and between the City of Vacaville and Vacaville S2 Investors, LLC., regarding the development of real property commonly referred to as the Farm at Alamo Creek, located east of Leisure Town Road, north of Elmira Road, and south of Hawkins Road on Assessor Parcel Number 0138-010-180.
Actions for Consideration:
The City Council will consider whether to approve an amendment to the Farm at Alamo Creek Specific Plan and Development Agreement.
Recommendations:
Hold public hearing; adopt resolution; waive full reading, and introduce ordinance.
Background:
On November 13, 2018, the City Council approved the Farm at Alamo Creek Specific Plan, which is comprised of 768 residential units, 19.4 acres of community park including an 8.2 acre Play-4- All park, 7.4 acres of neighborhood commercial use, and public open spaces and trails on 210 Item 11.b
acres of land located east of Leisure Town Road, north of Elmira Road, and south of Hawkins Road on Assessor Parcel Number 0138-010-180.
The Farm at Alamo Creek Specific Plan (“Specific Plan”) is primarily comprised of agricultural land that is seasonally farmed, with Old Alamo Creek transversing the southern half of the property, providing drainage from the west towards the east. Phase 1 improvements have been completed for a portion of the 8.2-acre park site abutting Elmira Road, commonly known as the Play-4-All Park; Phase 2 improvements are in progress toward completion this year. The northern (Hawkins Road) and western (Leisure Town Road) boundaries include above-ground canals that convey non-potable irrigation water, which are owned and operated by the Solano Irrigation District; these facilities would be undergrounded as part of future improvements. The Property Owner has pursued plan check reviews through the Public Works Department for Phase 1 improvement plans that would include the construction of backbone infrastructure for Carroll Way and an east-west collector (Camino Beltran). Attachment 1 shows the project location.
Discussion:
The project proposal is to amend the Farm at Alamo Creek Specific Plan (“Specific Plan”) and Development Agreement (“DA”) to: (1) allow Vacaville S2 Investors, LLC. (“Developer”) to establish a new Community Facilities District in lieu of annexing into the City’s existing Community Facilities District No. 11; and (2) extend the term of the DA from January 11, 2029, to January 11, 2033 (“Project”).
Section 4.A of the DA requires the Developer to form or join a Community Facilities District (“CFD”) to fund the cost of City services attributable to the Project. In coordination with the City’s Finance Department, the Developer commissioned BAE Urban Economics to prepare a Fiscal Impact Analysis of the Project’s anticipated impacts on the City’s General Fund. The analysis evaluates the municipal revenues and service costs expected to result from development of the Specific Plan and provides the basis for determining the maximum annual special tax rates for a proposed project-specific CFD.
Fiscal Impact Analysis
The Fiscal Impact Analysis (Attachment 3) concludes that, at buildout, the Specific Plan would generate approximately $1.82 million in annual General Fund revenues while creating approximately $2.29 million in annual expenditures for municipal services. The resulting net General Fund impact is an estimated annual deficit of $469,307. Public safety accounts for the largest share of the projected costs, including approximately $951,000 for police services and $518,000 for fire services. Other anticipated costs include parks and public works maintenance, street maintenance, and other City departmental services. The analysis indicates that this fiscal result is not unexpected for a predominantly residential development with substantial parks and open-space amenities, particularly given the relatively limited share of property-tax revenue the City receives from development within the Project area.
Although the DA generally permits the Developer to either form or join a CFD, the adopted Specific Plan (Attachment 5) expressly requires the Project to annex into the City’s CFD No. 11 to fund Item 11.b
police and fire services. CFD No. 11 currently imposes a fiscal year 2025-26 special tax of $2,152.48 per detached single-family residential unit. The Developer is requesting amendments to the Specific Plan and DA to allow the Project, in lieu of annexing into CFD No. 11, to establish a separate, project-specific CFD consistent with the Fiscal Impact Analysis. The new CFD would impose an annual special tax on property within the Project to offset its estimated General Fund shortfall and provide an ongoing funding source for municipal services serving the Project’s residents and businesses.
Based on the Fiscal Impact Analysis, the proposed maximum annual special tax would be $604.21 per unit for the 334 low-density homes, $604.21 per unit for the 250 low-medium-density homes, and $567.55 per unit for the 184 medium-high-density homes. The 52,700-square-foot neighborhood commercial development would be subject to a maximum annual levy of $0.23 per square foot. These maximum rates are lower than the current CFD No. 11 rate and are calculated to generate approximately $469,307 in annual revenue at buildout. Beginning July 1, 2028, the rates would be subject to annual escalation based on the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-Hayward area. The proposed DA Amendment (Exhibit B to the subject ordinance) would establish these amounts as the maximum annual special tax rates while allowing the City and Developer to reevaluate the fiscal analysis and determine whether a further amendment is necessary if a defined material change occurs before formation of the CFD.
In summary, the Developer is requesting to: (a) amend the DA to establish maximum annual special tax rates based on the Fiscal Impact Analysis; (b) amend the Specific Plan to remove the express requirement to annex into CFD No. 11 and allow the Project to establish a separate CFD; and (c) extend the term of the DA by four years, through January 11, 2033. The proposed amendments must be evaluated for consistency with the General Plan and applicable requirements of the Vacaville Municipal Code, including the goals, policies, actions, and standards governing the Specific Plan. The following sections provide this analysis.
Compliance with the Vacaville General Plan
As proposed, the amendment will comply with the General Plan. The Findings of Fact (Exhibit A to the subject resolution and ordinance) provide a comprehensive list of the goals and policies that apply to the project and explain how the proposal meets them. The proposed amendments are consistent with the General Plan because they would preserve the Project’s obligation to fund the municipal services attributable to its development. Although the amendments would remove the requirement to annex into CFD No. 11, they would require the Developer to establish a projectspecific CFD based on the updated Fiscal Impact Analysis. The new CFD would provide an ongoing funding source for fire protection, emergency response, law enforcement, and other municipal services needed to serve the Project.
Staff Analysis
The project-specific CFD would impose rates calculated to offset the Project’s estimated General Fund shortfall, thereby establishing a fair and equitable relationship between the Item 11.b
Project’s fiscal impacts and its funding obligation. This approach satisfies General Plan Policies PUB-P1.2, PUB-P1.3, and PUB-P2.3, each of which allows new development to create or annex into a CFD to fund public safety services. It also avoids imposing a substantially higher CFD No. 11 rate that is not based on the Project’s current fiscal analysis, which the applicant has indicated could adversely affect the financial feasibility and delivery of the Project’s 768 approved housing units. Therefore, the amendments would continue to implement the General Plan’s public-service funding policies while supporting the City’s housing objectives and protecting the General Fund from the costs of serving new development.
Compliance with Vacaville Municipal Code
A. Specific Plan Amendment
Vacaville Municipal Code (“VMC”) Section 14.09.340.060 provides that an approved specific plan may be amended in the same manner in which it was adopted and that the amendment is subject to the findings required by VMC Section 14.09.340.050.
Accordingly, the Planning Commission is authorized to review the proposed Specific Plan Amendment and recommend that the City Council approve, approve with modifications, or deny the request, with the City Council serving as the final decision-making authority.
Specific plans provide comprehensive direction for the development of a defined area, including the distribution of land uses, development standards, required public facilities and infrastructure, financing measures, and implementation programs. On November 13, 2018, the City Council adopted the Farm at Alamo Creek Specific Plan through Resolution No. 2018-132. The adopted Specific Plan is included as Attachment 5.
The Developer proposes to amend Chapters 9 and 10 of the Specific Plan to remove the express requirement to annex into CFD No. 11 and allow the Project to establish a separate CFD consistent with the Fiscal Impact Analysis. The proposed revisions are shown in Exhibit B to the subject resolution, with deleted text in strikethrough and new text underlined. Staff believes the required findings can be made because the amendments would not alter the approved land uses, density, subdivision layout, development standards, or compatibility with surrounding uses. The amendments would continue to require the Project to participate in a CFD that provides an ongoing funding source for municipal services, thereby ensuring that adequate public services are available and avoiding adverse effects on public health, safety, or welfare. The amendments are also consistent with the General Plan, Zoning Ordinance, and Land Use and Development Code because they modify only the Project’s financing mechanism and do not change its approved physical development. Therefore, staff recommends approval of the Specific Plan Amendment.
B. Development Agreement Amendment
VMC Section 14.17.010.020 recognizes that DAs strengthen the public planning process by encouraging private participation in comprehensive planning, providing greater Item 11.b
certainty, and reducing the economic costs of development. DAs also facilitate the orderly planning of public improvements and services, allocate development costs, promote the efficient use of public and private resources, and support measures that protect and enhance the City’s environment. Consistent with Section 14.D of the existing DA, the proposed amendment requires the mutual written agreement of the City and Developer.
VMC Section 14.17.050.020 requires a DA amendment to undergo the same public notice and hearing process as the original agreement. Accordingly, both the Planning Commission and City Council must conduct public hearings on the proposed amendment.
The Planning Commission is authorized to recommend that the City Council approve, approve with modifications, or deny the amendment, while the City Council serves as the final decision-making authority. Before approving the amendment, the City Council must find that it is consistent with the applicable provisions of the VMC and the original intent of the DA and that it would not be detrimental to the public health, safety, or general welfare of the community.
The proposed DA amendments are shown in Exhibit B to the subject ordinance, with deleted text in strikethrough and new text underlined. Staff has evaluated the amendments and believes the required findings for approval can be made. Establishing maximum annual special tax rates based on the Fiscal Impact Analysis would provide greater certainty regarding the Project’s long-term municipal service obligations, while allowing formation of a project-specific CFD would provide flexibility to implement a financing mechanism tailored to the Project’s anticipated fiscal impacts. This added certainty would assist the Developer, future builders, and prospective property owners in evaluating costs, securing financing, and planning for construction. In addition, extending the term of the DA would provide sufficient time to complete subdivision improvements and develop the Project following unforeseen delays, while preserving the public benefits and infrastructure commitments secured through the original agreement. Collectively, the amendments would remove financing and timing uncertainties that could impede development without changing the approved land uses, subdivision layout, or development standards. All other obligations and requirements would remain in effect as outlined in the original DA (Attachment 4).
Staff Analysis
The proposed amendments would benefit the City by facilitating development of 768 approved housing units while maintaining an ongoing funding source for municipal services. Although the proposed project-specific CFD rates are lower than the current CFD No. 11 rate, they are supported by an updated Fiscal Impact Analysis and designed to offset the Project’s estimated annual General Fund shortfall. The rates would more closely relate the funding obligation to anticipated service costs, include annual inflation adjustments, and allow reevaluation if a material change occurs before CFD formation.
According to the Applicant, requiring annexation into CFD No. 11 at a substantially higher Item 11.b
rate could make the housing more difficult to finance and construct, potentially delaying the Project’s public benefits.
The public benefits identified when the City considered the Project in 2018 included 768 homes with varied lot sizes and housing types; 7.4 acres of neighborhood-serving commercial uses; 19.4 acres of community parkland, including the 8.2-acre Play-4-All Park; smaller neighborhood parks; and interconnected trails serving parks, Alamo Creek, open spaces, and surrounding neighborhoods. The Project also included agricultural buffers, drainage and detention facilities, a City well site, and required roadway, utility, and other infrastructure improvements. The Specific Plan and Development Agreement further established design and development standards and secured commitments for the timing, construction, funding, and maintenance of parks, infrastructure, and public services.
The amendments are limited to establishing a project-specific CFD and maximum annual special tax rates based on the updated Fiscal Impact Analysis and extending the Development Agreement term by four years. They would not modify the approved land uses, density, subdivision layout, development standards, parks, trails, commercial development, infrastructure improvements, or other existing obligations. The amendments would therefore preserve the public benefits approved in 2018 while addressing financing and timing constraints that could delay their delivery.
Planning Commission
On September 15, 2026, the Vacaville Planning Commission held a public hearing to consider the proposed amendment, together with staff’s presentation and any testimony during the public hearing. During the public hearing, one commissioner inquired about whether the development will be required to provide all-electric homes, and the timing of the private clubhouse amenity. At the conclusion of the meeting, the Planning Commission voted 6-0 (Commissioner Dingman absent) to recommend approval to the City Council.
After the meeting, the Applicant confirmed the homes will be designed to comply with the California Building Code; there is no proposal for an all-electric home community at this time. The timing of the clubhouse will be determined by the homebuilder that undertakes construction of the project.
Public Outreach
On September 30, 2026, the City mailed 407 public notices to property owners and tenants within 600 feet of the project boundary. In addition, notification was published on the City’s website, the Vacaville Reporter, and on-site posters were installed at the project site on Saturday, October 3, 2026. City staff believe that this public outreach, as required by the VMC is appropriate for the project because: (1) the amendment does not change the project; (2) the amendment does not appear to have contentious issues that require exceptions to development standards; and (3) the site has been planned for residential development since 2018.
Item 11.b
Environmental Impact:
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, no new subsequent environmental analysis is required unless the lead agency determines (1) there are substantial changes in the project that results in new environmental effects or a substantial increase in the severity of previously identified significant effects; (2) there are substantial changes to the circumstances under which the project was undertaken that results in new environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) there is new information of substantial importance that could not have been known at the time of the original environmental assessment was prepared. On November 13, 2018, the Vacaville City Council certified a Final Environmental Impact Report (FEIR) for the Specific Plan (State Clearinghouse Number 2017062068). This FEIR evaluated and disclosed the environmental impacts created by the Specific Plan and DA. Consistent with CEQA Guidelines Section 15162, the amendments do not introduce any new impacts, and therefore, no subsequent environmental review is required.
Fiscal Impact:
Amount Requested: There are no funds requested for this item.
Funding Source: Community & Economic Development Department (2022) Budget Distribution: The costs of staff time associated with this item are covered within the existing Community and Economic Development Department operating budget.
Alternatives:
1. The Council could choose not to approve the amendments. This action is not recommended because the Applicant has indicated these changes are necessary to help facilitate development of the project, and staff supports the proposed amendments.
2. The Council could choose to modify the amendments. Staff recommends caution with this option because any further changes would need to be evaluated by the Applicant.
Strategic Plan Goal:
Economic Development
Quality of Life
Fiscal Health
Subject to Levine Act:
Yes
Attachments:
Draft Resolution w/
Item 11.b
Exhibit A – Findings of Fact
Exhibit B – Specific Plan Text Amendments
Exhibit C – Statement of Overriding Considerations
Draft Ordinance w/
Exhibit A – Findings of Fact
Exhibit B – First Amendment to Development Agreement
1. Location Map
2. Project Description
3. Fiscal Impact Analysis
4. Adopted Development Agreement
5. Adopted Specific Plan
6. Levine Act Disclosure Form
7. September 15, 2026 Planning Commission Staff Report
Item 11.b
CITY OF VACAVILLE
RESOLUTION NO. 2026-
Resolution of the City Council of the City of Vacaville reaffirming the Farm at Alamo Creek Specific Plan and Development Project Final Environmental Impact Report for the specific plan and development agreement amendments to the Farm at Alamo Creek, located east of Leisure Town Road, north of Elmira Road and south of Hawkins Road on Assessor Parcel Number 0138-010-180, and approving an amendment to the Farm at Alamo Creek Specific Plan.
Whereas, on November 13, 2018, the City Council of the City of Vacaville certified a Final Environmental Impact Report (FEIR) (State Clearinghouse Number 2017062068) and adopted a Statement of Overriding Considerations for the Farm at Alamo Creek Specific Plan and Development Project (“Project”), and approved a Specific Plan, Development Agreement and Tentative Subdivision Map for a development consisting of 768 residential units, 19.4 acres of community park including an 8.2 acre Play-4-All park, 7.4 acres of neighborhood commercial use, and public open spaces and trails on 210 acres of land located east of Leisure Town Road, north of Elmira Road, and south of Hawkins Road on Assessor Parcel Number 0138-010-180; and Whereas, on July 24, 2025, Vacaville S2 Investors, LLC (“Developer”) submitted applications to amend the Specific Plan and Development Agreement (“Amendments”) to allow the Developer to establish a new, project-specific Community Facility District (“CFD”) in lieu of annexing the Project into CFD No. 11; and
Whereas, the proposed amendments would establish maximum annual special tax rates based on the Fiscal Impact Analysis and would continue to require the Project to provide an ongoing funding source for its impacts on City services; and Whereas, the Developer also requests an amendment extending the term of the Development Agreement by four years, from January 11, 2029, through January 11, 2033, to provide additional time to complete subdivision improvements and development of the Project while preserving the obligations and public benefits secured by the Development Agreement; and Whereas, the proposed Amendments are intended to provide greater certainty regarding the Project’s municipal service obligations, provide flexibility to implement a financing mechanism tailored to the Project’s estimated fiscal impacts, and facilitate financing, construction, and orderly development of the Specific Plan area; and
Whereas, the proposed Amendments would not change the approved land-use designations, zoning, residential unit count, subdivision layout, tentative subdivision map, or development standards applicable to the Project; and
Whereas, except as expressly changed by the Amendments, all applicable mitigation measures, conditions of approval, obligations, requirements, and public benefits associated with the Original Project and the Development Agreement would remain in full force and effect; and Whereas, pursuant to Section 15162 of the State CEQA Guidelines, the City evaluated the proposed Entitlements in light of the previously certified Farm at Alamo Creek Specific Plan Item 11.b
and Development Project FEIR and determined, based on substantial evidence in the record, that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects, that no substantial changes in circumstances have occurred, and that no new information of substantial importance has become available that would require preparation of a subsequent or supplemental environmental impact report; and
Whereas, the City of Vacaville Planning Commission held a duly noticed public hearing on September 15, 2026, to consider the Amendments, where they received testimony from City staff, the Developer, and all interested persons regarding the proposed Project; and Whereas, the Planning Commission voted 6-0 (one commissioner absent) to recommend the City Council of the City of Vacaville reaffirm the previously certified FEIR and approve the Amendments, based on the findings of fact, as shown in Exhibit A and depicted by Exhibit B; and Whereas, the City Council held a duly noticed public hearing on October 13, 2026 to consider the previously certified FEIR and Amendments, where they received testimony from City staff and all interested persons regarding the proposed project, and also considered testimony and evidence submitted at the Planning Commission hearing; and Now, therefore, be it resolved, that the City Council of the City of Vacaville finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The City Council has considered the Farm at Alamo Creek Specific Plan and Development Project Final Environmental Impact Report (State Clearinghouse Number 2017062068) and determined no subsequent or supplemental environmental analysis is required pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, based on the substantial evidence and findings included in Exhibit A;
3. The Farm at Alamo Creek Specific Plan and Development Project FEIR is hereby reaffirmed for the Specific Plan Amendment and Development Agreement Amendment, and the findings of fact as shown in Exhibit A are hereby adopted and incorporated herein.
4. The City Council approves the Farm at Alamo Creek Specific Plan Amendment, as shown in Exhibit B, which is hereby adopted and incorporated herein.
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 13th day of October 2026 by the following vote:
Ayes:
Item 11.b
Noes:
Absent:
Attest:
_____________________________________
Michelle A. Thornbrugh, City Clerk
List of Exhibits
Exhibit A – Findings of Fact
Exhibit B – Specific Plan Text Amendments
Exhibit C – Statement of Overriding Considerations
Item 11.b
Exhibit A to Resolution No. 2026-
The Farm at Alamo Creek Specific Plan Amendment
and Development Agreement Amendment
Draft Findings of Fact
East of Leisure Town Road, north of Elmira Road and south of Hawkins Drive Assessor Parcel Number 0138-010-180
Reaffirmation of Previous Environmental Assessment, Specific Plan Amendment, and Development Agreement Amendment
File No. 25-088
Code sections referenced below are from the Vacaville Municipal Code (VMC) or California Environmental Quality Act (CEQA) Guidelines, unless otherwise specified.
Summary of Evidence
The Vacaville City Council bases its decision on the following information: (1) the project application, including attachments and related studies; (2) the staff reports, City files, records and other documents prepared for and/or submitted to the City relating to the environmental review and the project itself; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the Vacaville General Plan, the VMC and other applicable plans, codes and resolutions of the City of Vacaville; (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the project or the environmental review; (6) the minutes and recordings of the Planning Commission and City Council hearings; and (7) all other matters of common knowledge to the to the City, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City and its surrounding areas.
Environmental Review Findings
VMC 14.03.025.030 Findings for Reaffirmation.
A. The decision-maker hereby adopts the following findings to support the decision:
1. That the activity is within the scope of the project covered by the previous EIR, negative declaration, or mitigated negative declaration;
Finding: The City Council finds that the proposed Specific Plan Amendment and Development Agreement Amendment are within the scope of the Farm at Alamo Creek Specific Plan and Development Project evaluated in the previously certified Environmental Impact Report (“EIR”). The EIR evaluated the adoption and implementation of the Specific Plan, approval and implementation of the Development Agreement, and development of the approximately 210-acre Project site with up to 768 residential units, neighborhood commercial uses, parks, open space, circulation improvements, and supporting infrastructure and public services.
The proposed amendments would modify the financing mechanism used to fund municipal services by allowing the Project to establish a project-specific Community Facilities District (“CFD”) in lieu of annexing into CFD No. 11, establish maximum annual Item 11.b
special tax rates based on the Fiscal Impact Analysis, and extend the term of the Development Agreement by four years, through January 11, 2033. The amendments would not change the Project site, approved land uses, residential unit count, density, zoning, subdivision layout, tentative subdivision map, development standards, parks, open space, circulation system, or infrastructure improvements. Because the amendments concern the administration, financing, and timing of the previously approved Project and do not authorize physical development beyond that evaluated in the EIR, the proposed activity is within the scope of the Project covered by the previously certified EIR.
2. That no new significant effects would occur or no new mitigation measures would be required;
Finding: The City Council finds that the proposed amendments would not cause any new significant environmental effects or substantially increase the severity of any significant effects previously identified in the EIR. Establishing a different CFD and specifying maximum annual special tax rates are fiscal and administrative changes that would not alter the location, type, intensity, or physical characteristics of development. Extending the Development Agreement would provide additional time to implement the existing approvals but would not authorize additional development or modify the approved development footprint.
The EIR evaluated the environmental effects associated with buildout and operation of the approved Project, including effects related to air quality, biological resources, cultural resources, transportation and circulation, public services, utilities, and other environmental topics. Because the proposed amendments would not alter the physical development evaluated in the EIR, they would not create new construction or operational effects requiring additional mitigation. The mitigation measures adopted through Resolution No. 2018-131 remain applicable to the Project in accordance with their terms, and no new or modified mitigation measures are required as a result of the proposed amendments.
3. That the Statement of Overriding Considerations, if any, adopted with the previous project for which the EIR was prepared has been incorporated into the project approval; Finding: The City Council adopted a Statement of Overriding Considerations through Resolution No. 2018-131 after finding that certain air-quality and transportation impacts would remain significant and unavoidable despite the incorporation of all feasible mitigation measures. Those impacts included Air Quality Impacts 4.1-2 and 4.1-5 and Transportation and Circulation Impact 4.7-5 at four identified intersections. The City Council found that the Project’s economic, legal, social, technological, and other benefits outweighed those significant and unavoidable environmental effects.
The benefits identified in the Statement of Overriding Considerations included implementing the General Plan’s vision for orderly development of the East of Leisure Town Road Growth Area; providing additional housing with a range of lot sizes and housing products; providing neighborhood commercial uses, parks, trails, open space, recreational facilities, street improvements, utility infrastructure, and a municipal well site; and providing a financing plan to assist the City in delivering public facilities and services. The proposed amendments do not alter the environmental impacts or public benefits upon which the Statement of Overriding Considerations was based. The Item 11.b
Statement of Overriding Considerations adopted by Resolution No. 2018-131 is therefore reaffirmed and incorporated by reference into the approval of the Specific Plan Amendment and Development Agreement Amendment.
4. That feasible mitigation measures or alternatives adopted with the previous EIR or mitigated negative declaration have been incorporated into the project approval; and Finding: The City Council finds that all feasible mitigation measures adopted through Resolution No. 2018-131 and contained in the Farm at Alamo Creek Mitigation Monitoring and Reporting Program (“MMRP”) remain applicable to the Project. The MMRP establishes the measures, responsible parties, implementation timing, monitoring agencies, and enforcement procedures necessary to avoid or reduce the Project’s potentially significant environmental effects. These requirements apply during project design, grading, construction, and operation, as specified for each individual mitigation measure.
Approval of the proposed amendments does not modify, supersede, or eliminate any mitigation measure or condition adopted for the Project. The applicable mitigation measures and MMRP are reaffirmed and incorporated by reference into the approval of the Specific Plan Amendment and Development Agreement Amendment. Except as expressly modified by the amendments, all mitigation measures, conditions of approval, obligations, and requirements applicable to the original Project remain in full force and effect.
The alternatives evaluated in the EIR, including the No Project/No Development Alternative and the No Project/Existing General Plan Land Use Alternative, do not need to be reconsidered because the proposed amendments would not alter the Project’s approved physical development or create new or more severe environmental effects.
The findings previously adopted regarding the feasibility of those alternatives remain valid and are incorporated by reference.
5. That no new environmental document would be required.
Finding: The City Council has considered the previously certified EIR, the findings of fact, the Statement of Overriding Considerations, the MMRP, the proposed amendments, and the information contained in the administrative record. Based on substantial evidence in the record, the City Council finds that none of the circumstances requiring preparation of a subsequent or supplemental EIR under Section 15162 of the State CEQA Guidelines has occurred.
Specifically, the proposed amendments would not constitute substantial changes to the Project requiring major revisions to the EIR because of new significant environmental effects or a substantial increase in the severity of previously identified effects; no substantial changes have occurred in the circumstances under which the Project would be undertaken that would require major revisions to the EIR; and no new information of substantial importance demonstrates that the Project would cause new or more severe significant effects, that previously rejected mitigation measures or alternatives are now feasible, or that materially different mitigation measures would substantially reduce a significant environmental effect. Accordingly, no subsequent or supplemental EIR or other new environmental document is required, and the City may rely on the previously Item 11.b
certified EIR in considering the Specific Plan Amendment and Development Agreement Amendment.
Specific Plan Amendment Findings
VMC 14.09.340.050 Specific Plan Findings.
A. The decision-maker hereby adopts the following findings to support the decision:
1. The specific plan or amendment will not be detrimental to the public health, safety, or welfare of the community;
Finding: The Specific Plan Amendment will not be detrimental to the public health, safety, or welfare of the community. The amendment changes only the financing mechanism used to fund municipal services by removing the express requirement that the Project annex into CFD No. 11 and allowing the City to form a project-specific CFD in accordance with the Development Agreement. The amendment does not alter the approved land uses, residential unit count, density, subdivision layout, development standards, emergency access, public improvements, or provision of police and fire services.
The Project will continue to be served by the Vacaville Police Department and Vacaville Fire Department and will remain obligated to participate in a CFD that provides an ongoing funding source for municipal services attributable to the Project. The maximum annual special tax rates for the project-specific CFD are based on the Fiscal Impact Analysis prepared by BAE Urban Economics, which evaluated the municipal revenues and service costs anticipated from development of the Specific Plan. The amendment therefore preserves the Project’s obligation to fund its impacts on City services while providing flexibility to establish a financing mechanism tailored to those impacts. All applicable mitigation measures, conditions of approval, and public improvement obligations adopted for the Project will remain in effect.
2. The specific plan or amendment includes provisions which ensure that adequate public facilities will be available to serve the range of development describe in the plan; Finding: The Specific Plan Amendment includes provisions ensuring that adequate public facilities and services will be available to serve the development described in the Specific Plan. The adopted Specific Plan contains infrastructure, utility, circulation, public-service, and phasing requirements intended to ensure that necessary facilities are provided as development occurs. The amendment does not change those requirements or modify the type, location, or intensity of the approved development.
The amendment continues to require formation of a CFD before recordation of the first Neighborhood Final Map and requires each Small Lot Final Map to be included within the CFD. The CFD will provide an ongoing funding source for police, fire, and other municipal services required by development of the Project. The amendment replaces the requirement to annex specifically into CFD No. 11 with the ability to establish a projectspecific CFD; it does not eliminate or reduce the obligation to fund public services. The Fiscal Impact Analysis provides the basis for establishing maximum annual special tax rates intended to offset the Project’s estimated General Fund shortfall. All other impact Item 11.b
fees, infrastructure requirements, utility improvements, phasing provisions, and publicfacility obligations established by the Specific Plan, Development Agreement, tentative subdivision map, and conditions of approval will remain applicable.
3. The specific plan or amendment will maintain an appropriate balance of land uses within the City, and it does not change the overall density of the applicable General Plan land use designation;
Finding: The Specific Plan Amendment will maintain an appropriate balance of land uses within the City and will not change the overall density permitted by the applicable General Plan land-use designations. The amendment is limited to revisions concerning the mechanism used to finance municipal services. It does not change the approved residential, neighborhood commercial, park, open-space, agricultural-buffer, or publicfacility land uses within the Specific Plan area.
The amendment also does not increase the approved number of residential units, modify the acreage assigned to any land-use designation, or change the density range applicable to any portion of the Project. The mixture of housing types and lot sizes, neighborhood commercial uses, parks, recreational facilities, open space, and public facilities approved by Resolution No. 2018-132 will remain unchanged. Accordingly, the land-use balance and overall density previously found consistent with the General Plan will be maintained.
4. The specific plan or amendment proposes land uses which are compatible with existing and future surrounding uses; and
Finding: The Specific Plan Amendment will not affect the compatibility of the Project’s land uses with existing or future surrounding uses. The amendment does not introduce a new land use or modify the location, density, intensity, height, setbacks, development standards, circulation system, agricultural buffer, or physical configuration of any approved use.
The compatibility measures established through the original Project approvals— including separation provided by surrounding arterial and collector streets, the agricultural buffer and power-transmission easement along the eastern boundary, and the applicable development standards and conditions of approval—will remain in effect.
Because the amendment concerns only the Project’s municipal-service financing mechanism, it will not change the relationship between development within the Specific Plan area and existing or planned uses on surrounding properties.
5. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code.
Finding: The Specific Plan Amendment is consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code. The amendment does not change the land-use plan or development regulations previously found consistent with those documents. Instead, it preserves the requirement that development within the Specific Plan area participate in a CFD to fund municipal services while allowing the City and Developer to use a project-specific CFD based on the findings of the Fiscal Impact Analysis.
Item 11.b
The amendment supports orderly development of the East of Leisure Town Road Growth Area by providing greater certainty regarding the Project’s municipal-service obligations and flexibility to implement a financing mechanism responsive to its estimated fiscal impacts. It also supports the provision of adequate public services without changing the land-use pattern, development intensity, or public improvements approved for the Project. The amendment will be implemented together with the Development Agreement, applicable zoning regulations, adopted mitigation measures, conditions of approval, and all other requirements of the Land Use and Development Code. Therefore, the Specific Plan, as amended, remains consistent with the General Plan, Zoning Ordinance, and Land Use and Development Code.
Environmental Review Conclusion
The City Council has considered the Farm at Alamo Creek FEIR, and no subsequent or supplemental environmental analysis is required pursuant to CEQA Section 15162, based on the findings described above.
Item 11.b
Exhibit B to Resolution No. 2026-
The Farm at Alamo Creek Specific Plan Amendment
and Development Agreement Amendment
Draft Specific Plan Amendments
East of Leisure Town Road, north of Elmira Road and south of Hawkins Drive Assessor Parcel Number 0138-010-180
Reaffirmation of Previous Environmental Assessment, Specific Plan Amendment, and Development Agreement Amendment
File No. 25-088
Farm at Alamo Creek Specific Plan Proposed Amendments
(deletions shown in strike out; additions shown as double underlined) Table of Contents “10.6.1 Community Facility District Public Safety District (CFD 11) . . .” p. 125 “9.0 INTRODUCTION. In accordance with the terms of the Project’s Development Agreement, the Community Facilities District (CFD) for The Farm at Alamo Creek Development area will be formed by City before the recordation of the first Neighborhood Final Map annexed into a CFD prior Community Facilities District 11 (CFD 11) prior to development or issuance of building permits. CFD 11 is known as the Public Safety District and to ensures adequate staffing for Police and Fire Protection in new development areas. The annexation into the CFD 11 will take place with the recording of each Small Lot Final Map within the development. p. 126 “9.1 FIRE PROTECTION. The Farm at Alamo Creek Specific Plan area will be served by the Vacaville Fire Department upon annexation to the City of Vacaville. As mentioned above, annexation into a CFD 11 will ensure adequate staffing for the area.” p. 126 “9.2 POLICE. The Farm at Alamo Creek Specific Plan area will be served by the Vacaville Police Department upon annexation to the City of Vacaville. As with fire protection, annexation into a CFD 11 will ensure adequate staffing for the area.” p. 143 “10.6.1 Community Facility District Public Safety District (CFD 11). In accordance with the terms of the Project’s Development Agreement, the CFD for The Farm at Alamo Creek Development area will be formed by City before the recordation of the first Neighborhood Final Map to ensure adequate staffing for Police and Fire Protection in new development areas. The annexation into the CFD will take place with the recording of each Small Lot Final Map within the development. Public Safety District also known as Community Facilities District 11(CFD 11) has been established by the City Council to pay for police and fire services in new development areas within the City. The Farm at Alamo Creek will be required to annex into CFD 11.
Item 11.b
Exhibit C to Resolution No. 2026-
The Farm at Alamo Creek Specific Plan Amendment
and Development Agreement Amendment
Statement of Overriding Considerations
East of Leisure Town Road, north of Elmira Road and south of Hawkins Drive Assessor Parcel Number 0138-010-180
Reaffirmation of Previous Environmental Assessment, Specific Plan Amendment, and Development Agreement Amendment
File No. 25-088
I. INTRODUCTION
The approximately 210-acre Farm at Alamo Creek Ranch Specific Plan and development project (proposed project) is located in northern Solano County adjacent to the southeastern corner of the City of Vacaville approximately four miles from Downtown Vacaville.
The project site is located inside of the City of Vacaville’s proposed Sphere of Influence and the City’s Urban Growth Boundary (UGB), as amended in December 2017.
The project site is bounded by Leisure Town Road on the west, Elmira Road on the South, the City’s Agricultural Buffer land on the east, and Hawkins Road to the north.
Adjacent land uses include a single-family residential development directly west of the project site across Leisure Town Road. The recently approved Brighton Landing project currently under construction is located directly south across Elmira Road, north and east of the project site, is undeveloped land currently primarily in agricultural use.
The project site is part of the East of Leisure Town Road Growth Area as defined in the City’s General Plan. This is one of two New Growth Areas identified in the General Plan for future development. However, the project site is located within unincorporated Solano County and, as part of this project, would be annexed to the City. The East of Leisure Town Road Growth Area is within the City’s UGB, which limits the location of urban development within the City until 2028.
The project site is designated as a future Specific Plan area in the City’s General Plan and is also designated as a growth area as part of the East of Leisure Town Road Growth Area (City of Vacaville 2015). The City’s Land Use Designations figure (City of Vacaville 2015, Figure LU-6) designates various portions of the project site Residential Low Density (3.1- 5.0 units/acre), Residential Low-Medium Density (5.1-8.0 units/acre), Residential Medium Density units/acre), Residential High Density (20.1-24.0 du/acre), Neighborhood Commercial, Agricultural Buffer, and Park. The project site does not currently include City of Vacaville zoning because it is located outside of the City limits. The project applicant is requesting the site be pre-zoned RL-6 (Residential Low Density – 6,000 sq. ft. minimum lot size), RL-5 (Residential Low Density – 5,000 sq. ft. minimum lot size), RLM-4.5 (Residential Low Medium Density - 4,500 sq. ft. minimum lot size), RLM-3.6 (Residential Low Medium Density – 3,600 sq. ft. minimum lot size), RMH (Residential Medium High Density – 14.1 to 20.0 du/gdac), CN (Neighborhood Commercial), CF (Community Facility – for park, well site, detention basin, roads), PARK (Special zoning for the public and private park sites within the Specific Plan), OS (Open Space), and AB (Agricultural Buffer Overlay).
Item 11.b
The proposed project would include discretionary approvals by the City of Vacaville including the following:
• Amend the General Plan land use diagram;
• Adopt the Farm at Alamo Creek Specific Plan;
• (Pre) Zone the project site, including approval for annexation; • Approve the tentative subdivision map creating the subdivision of land; • Adopt the Development Agreement; and
• Amend the Comprehensive Annexation Plan and agree to annex the project site into the Vacaville city limits.
II. FINDINGS FOR CERTIFICATION OF THE ENVIRONMENTAL IMPACT
REPORT FOR THE FARM AT ALAMO CREEK SPECIFIC PLAN PROJECT The City Council finds, based on substantial evidence in the record of this proceeding, that the Final EIR for the Farm at Alamo Creek Specific Plan, which consists of the Draft EIR and technical appendices, and the Final EIR, has been completed in accordance with the requirements of the CEQA, the CEQA Guidelines, the Vacaville Land Use and Development Code and all other applicable laws and regulations.1
Specifically, the City Council finds, based on substantial evidence in the record of this proceeding, that:
1. The City of Vacaville caused the EIR for the proposed project to be prepared pursuant to CEQA, the CEQA Guidelines, and the City of Vacaville Land Use and Development Code.
2. A Notice of Preparation (NOP) of the Draft EIR was filed with the Governor’s Office of Planning and Research on June 28, 2017 and was circulated for public comments from June 28, 2017 to July 27, 2017. Notices for the NOP were mailed to other agencies (local and Federal) and to interested persons and adjacent property owners. Notices for the NOP were also posted on Leisure Town Road, in and near the project area, at the County Clerk’s Office and in Vacaville City Hall. Comments were received on the NOP and were subsequently incorporated into the Draft EIR.
3. A Notice of Completion (NOC) and copies of the Draft EIR were distributed to the State Clearinghouse on June 28, 2017 to those public agencies that have jurisdiction by law with respect to the project and to other interested parties and agencies. The comments of such persons and agencies were sought, including by direct communication to agency staff.
Additional copies of the Draft EIR were distributed (delivered or mailed) by the City to persons and agencies who requested them.
1 CEQA is codified at sections 21000, et seq. of the California Public Resources Code. The CEQA Guidelines are set forth at California Code of Regulations, Title 14, sections 15000, et seq. The Vacaville Land Use and Development Code is set forth at Title 14 of the Vacaville Municipal Code. The custodian of the record of this proceeding is the City of Vacaville, Community Development Department, 650 Merchant Street, Vacaville, California.
Item 11.b
4. A Notice of Availability (NOA) for the Draft EIR was distributed to all responsible and trustee agencies, other local and Federal agencies, interested groups, organizations, adjacent property owners and businesses, and individuals on March 7, 2018 for the Draft EIR.
Copies of the NOA were posted in and around the project area on March 7, 2018. The NOA stated that the City of Vacaville had completed the Draft EIR and that copies were available at the City of Vacaville, Planning Division, 650 Merchant Street, Vacaville, at the Solano County Library, 1000 Ulatis Drive, Vacaville and that the document was posted on the City of Vacaville website. The notice also indicated that the official public review period for the Draft EIR would be from March 7, 2018 to April 20, 2018.
A copy of the NOA was posted with the Solano County Clerk/Recorder's Office on March 7, 2018. The NOA was also posted at Vacaville City Hall on March 7, 2018.
5. An official forty-five (45) day public review period for the Draft EIR was established by the State Clearinghouse. The official public review period began on March 7, 2018. The public review period thus ended on April 20, 2018.
6. On March 20, 2018, the City Planning Commission held a public hearing to accept verbal comments on the Draft EIR. Comments received at that hearing are included and responded to in the Final EIR.
7. On September 21, 2018, the City mailed notices to interested persons, adjacent and nearby property owners, State, Federal and local agencies advising that the Final EIR would be available on September 27, 2018 and advising of a Planning Commission meeting and public hearing to discuss the project and EIR on October 2, 2018. The City posted notices advising of the Final EIR availability at the County Clerk, in Vacaville City Hall and on the City website. On September 27, 2018, the City made the Responses to Comments and Final EIR available to the public at the City’s offices, on the City’s website, at the Town Square Library in downtown Vacaville, and at the Solano County Library, 1000 Ulatis Drive, Vacaville and delivered or sent by email the Final EIR response to the Solano Irrigation District, Solano County Planning, Solano County Local Agency Formation Commission, the Yolo-Solano Air Quality Management District, and the State Regional Water Quality Control Board (the agencies who had commented on the Draft EIR). The Final EIR was also posted on the City’s website. On September 21, 2018 notices were posted on the site advising of the public hearing on October 2, 2018. A notice for the Planning Commission hearing and indicating the availability of the Final EIR was placed in The Reporter newspaper on September 22, 2018.
8. On October 12, 2018 the City mailed notices to interested persons, adjacent and nearby property owners, State, Federal and local agencies advising that the City Council would hold a public hearing to consider the Farm at Alamo Creek Specific Plan project actions on October 23, 2018. The City posted notice of the City Council hearing and of the availability of all environmental documents at Vacaville City Hall, and on the City website. The EIR and project information was previously posted on the City website. Signs advising of the public hearing were posted on and near the site on October 13, 2018. On October 13, 2018, the City Council continued the hearing to November 13, 2018.
9. The following information is incorporated by reference and made part of the record supporting these findings:
A. The Draft and Final EIR, and their appendixes and all documents referenced in, relied upon or incorporated by reference in those documents.
Item 11.b
B. The Mitigation Monitoring and Reporting Program attached hereto as Exhibit C to the resolution certifying the Farm at Alamo Creek EIR, and the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the 2015 Vacaville General Plan Update attached as Exhibit A to said resolution.
C. Testimony, documentary evidence, and all correspondence submitted or delivered to the City in connection with the Planning Commission and City Council hearings on this project and the associated EIR.
D. All staff reports, memoranda, maps, letters, minutes of meetings, and other documents relied upon or prepared by City staff relating to the project, including but not limited to, City of Vacaville General Plan and Draft and Final Environmental Impact Report for the City of Vacaville General Plan Update and Energy and Conservation Strategy (ECAS), City of Vacaville, 2015, and the Initial Study for the Farm at Alamo Creek Specific Plan Project.
Based on the foregoing, and all substantial evidence in the record of this proceeding, the City Council hereby finds, declares, and certifies that:
1. The EIR was prepared, published, circulated and reviewed and completed in accordance with the requirements of CEQA, the CEQA Guidelines and the Vacaville Land Use and Development Code, and constitutes an adequate, accurate, objective and complete Final EIR in accordance with the requirements of CEQA, the CEQA Guidelines and the Vacaville Land Use and Development Code.
2. The EIR consists of the Draft EIR, the Final EIR, appendices, and any documents or materials cited or incorporated by reference in the EIR and its appendixes.
3. The EIR has been presented to the City Council and that the City Council has reviewed it, and considered the information contained therein prior to acting on the proposed project and finds that the EIR reflects the independent judgment and analysis of the City of Vacaville.
4. The EIR reflects the best efforts of the City of Vacaville to undertake all reasonably feasible and prudent actions to discover, analyze, disclose and mitigate all potentially significant environmental impacts of the proposed project.
5. The changes and additions to the Draft EIR made in Response to Comments do not constitute “significant new information” within the meaning of Public Resources Code section 21092.1, and therefore recirculation of the Draft EIR and/or Responses to Comments for public review and comment is not required.
6. The EIR has been presented to the City Council and that the City Council has reviewed and considered the information contained therein and in the record supporting the EIR prior to making these findings or taking action on the proposed Farm at Alamo Creek Specific Plan and applications related thereto.
7. The City Council hereby adopts the following Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring Plan to require and ensure that all Item 11.b
mitigation measures found to be reasonably feasible and effective are implemented as conditions of project approval.
III. FINDINGS OF FACT REGARDING THE POTENTIAL ENVIRONMENTAL
IMPACTS ADEQUATELY ANALYZED IN THE GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT
On August 11, 2015, the City of Vacaville City Council certified the General Plan EIR (SCH # 2011022043) and approved the City of Vacaville General Plan. A Modified Initial Study has been prepared (Appendix B to the Draft EIR) to identify and assess the anticipated environmental impacts of the proposed project that were not adequately covered by the General Plan EIR. The environmental analysis in the Modified Initial Study is based on CEQA Section 21094 and Sections 15168 and 15183 of the CEQA Guidelines, which governs program EIRs and projects consistent with a general plan or community plan. Under these sections, the program EIR, in this case the General Plan EIR, serves as a basis for the Modified Initial Study to determine if project-specific impacts would occur that are not adequately covered in the previously certified EIR. Here, the proposed project’s land uses and development assumptions are consistent with the City’s General Plan and the General Plan EIR and therefore the project is within the scope of the General Plan and the General Plan EIR. The Modified Initial Study provides an analysis of whether the General Plan EIR adequately analyzes the environmental impacts of the proposed project. The Modified Initial Study indicates whether the proposed project would result in significant impacts that: (1) are peculiar to the project or the project site; (2) were not identified as a significant effect in the General Plan EIR; or (3) are previously identified significant effects which as a result of substantial new information that was not known at the time that the General Plan EIR was certified, and are determined to have a more severe adverse impact than discussed in the General Plan EIR. Such impacts are evaluated in the Draft EIR. Pursuant to CEQA Section 21094, if approved, the project would be required to be conditioned or otherwise obligated to mitigate to the extent feasible, the significant environmental effects identified in the General Plan EIR that are not further analyzed in this EIR.
The Modified Initial Study identifies the policies and mitigation measures developed during the environmental review of the General Plan and discusses how the proposed project would comply with those policies and measures.
Based on the analysis found in the Modified Initial Study, the project’s potential environmental impact related to the following topics were determined to be adequately covered in the General Plan EIR and the City Council hereby reaffirms the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the 2015 Vacaville General Plan Update and Energy and Conservation Strategy (ECAS) related to the following impacts for the reasons described in the Section 2.3 of the EIR:
• Aesthetics
• Agricultural and Forestry Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Mineral Resources
Item 11.b
• Noise
• Population and Housing
• Public Services
• Recreation
IV. FINDINGS OF FACT REGARDING POTENTIAL ENVIRONMENTAL IMPACTS
IDENTIFIED IN THE ENVIRONMENTAL IMPACT REPORT FOR THE
PROPOSED FARM AT ALAMO CREEK SPECIFIC PLAN
1. Significant or potentially significant impacts that are avoided or reduced to a lessthan-significant level.
Finding: As authorized by Public Resources Code section 21081 and CEQA Guidelines 15091, 15092, and 15093, the City finds that, unless otherwise stated, all of the changes or alterations to the proposed project listed below have been required in, or incorporated into, the project which mitigate or avoid the significant or potentially significant environmental impacts listed below, as identified in the EIR, that these mitigation measures will be effective to reduce or avoid the potentially significant impact as described in the EIR, and that these mitigation measures are feasible to implement and are within the responsibility and jurisdiction of the City of Vacaville to implement or enforce. These Findings of Fact are supported by substantial evidence in the record of proceedings before the City, including the analysis for each impact set forth in the EIR which is incorporated herein by this reference
• Air Quality Impact 4.1-1
• Biological Resources Impact 4.2-1
• Biological Resources Impact 4.2-2
• Biological Resources Impact 4.2-3
• Biological Resources Impact 4.2-5
• Biological Resources Impact 4.2-6
• Cultural Resources Impact 4.3-1
• Cultural Resources Impact 4.3-3
• Cultural Resources Impact 4.3-4
• Cultural Resources Impact 4.3-5
• Transportation and Circulation Impact 4.7-1
• Transportation and Circulation Impact 4.7-3
• Transportation and Circulation Impact 4.7-4
Item 11.b
• Transportation and Circulation Impact 4.7-5, except at Leisure Town Road at I-80 EB Ramps (#1), Nut Tree Road at Ulatis Drive (#10), Allison Drive at Nut Tree Parkway (#12), and Peabody Road at Elmira Road (#17) intersections.
2. Significant or potentially significant impacts that cannot be avoided Finding: The City Council finds that the following impacts are significant and unavoidable for those reasons set forth in the EIR.
• Air Quality Impact 4.1-2
• Air Quality Impact 4.1-5
• Transportation and Circulation Impact 4.7-5 at Leisure Town Road at I-80 EB Ramps (#1), Nut Tree Road at Ulatis Drive (#10), Allison Drive at Nut Tree Parkway (#12), and Peabody Road at Elmira Road (#17) intersections.
V. EVALUATION OF ALTERNATIVES
CEQA mandates that an EIR evaluate a reasonable range of alternatives to the project or the project location that generally reduce or avoid potentially significant impacts of the project. CEQA requires that every EIR evaluate a “No Project” alternative. Alternatives provide a basis of comparison to the project in terms of beneficial, significant, and unavoidable impacts.
This comparative analysis is used to consider reasonable feasible options for minimizing environmental consequences of a project.
1. Alternatives to the proposed project are:
Alternative 1: No Project/No Development Alternative – Which assumes the project site would remain in its current undeveloped condition.
Alternative 2: No Project/Existing General Plan Land Use Alternative - This alternative assumes the project would be developed consistent with the current General Plan land use designation which includes a designation of Urban Reserve on approximately one third of the project site. Under this alternative approximately 488 residential units would be developed in the western portion of the site while 252 residential units and the detention basin would not be developed in the eastern portion of the site. This area would remain consistent with existing agricultural use, as shown in Figure 6-1 of the EIR.
Alternative 3: Reduced Intensity Alternative – This alternative assumes a reduction in the total number of residential units to a total of 676 (514 residential low-density, 162 residential medium-high density), 6.5 acres in neighborhood commercial uses and 17 acres in parks, as shown in Figure 6-2 of the EIR.
2. Alternative 1: No Project/No Development Alternative The No Project/No Development Alternative considers the effects of forgoing the project entirely, and leaving the project site in its current, undeveloped condition. Under the No Project/No Development Alternative, the proposed project would not be adopted. The approved buildout for the Specific Plan area as set forth in the General Plan would not be developed and Item 11.b
the project site would not be annexed into the City. In addition to not providing up to 768 residential units, over 40 acres of parks, open space and trails, and improvements to the transportation network, the No Project/No Development Alternative would not provide a Community park or a Play-4-All park. Under this alternative, the project site would not be zoned and developed in a manner consistent with the General Plan land use designations.
Findings
Specific economic, social, or other considerations make infeasible the No Project/No Development Alternative identified in the EIR as described below, each of which is an independent basis to reject Alternative 1.
• Alternative 1 would fail to meet any of the basic objectives of the project or of the City's General Plan.
• Alternative 1 would not meet the City's policies, General Plan or project objectives, or State policies of promoting the development of new housing. • Alternative 1 would not meet the City's policies, General Plan or project objectives of providing neighborhood commercial sites to ensure easy access from nearby residential areas to daily commercial and service needs.
• Alternative 1 would not provide a site for a community park as contained in the City’s General Plan.
• Alternative 1 would not support the City’s General Plan’s Land Use Plan.
3. Alternative 2: No Project/Existing General Plan Land Use Alternative Under the No Project/Existing General Plan Land Use Alternative, approximately 60 acres currently designated as Urban Reserve in the eastern portion of the site would not be developed with 252 low-density residential units and a detention basin, as proposed under the project.
Consistent with the General Plan the western portion of the site would be developed with approximately 488 residences that would include a mix of low-density residential, residential low-medium density, residential medium-density, neighborhood commercial and parks. A total of 252 residences would be developed in the western portion of the site including 26.6 acres in parks, 7.4 acres in neighborhood commercial, and a smaller detention basin would be included within one of the fields in the Community park.
Findings
Specific economic, social, or other considerations make infeasible the No Project/Existing General Plan Land Use Alternative identified in the EIR as described below, each of which is an independent basis to reject Alternative 2.
• Because fewer housing units would be developed, Alternative 2 would not provide housing at a scale to support the creation of public amenities including the “Play-4-All” park, open space, trails, and a community park, private amenities such as the clubhouse site, pocket parks, orchard buffer on Leisure Town Road, or be capable of attracting commercially reasonable financing
• Alternative 2 would eliminate potential housing units and bring the total number of housing units allowed in East of Leisure Town Growth area to a number below that allowed in General Plan policies and reduce housing options for potential residents. • Alternative 2 would divide property that is under a single ownership such that part would be developed and the remainder would remain undeveloped until such time the Item 11.b
undeveloped portion is converted from Urban Reserve and approved for development.
The City Council previously acknowledged with Resolution 2017-127 that dividing the land use designations of this property was inadvertent. This would result in the owner having to propose two projects: one now and one at a later date. This would result in economic impacts of doubling processing time and costs. It also would not allow for comprehensive planning of the entire project site at one time.
4. Alternative 3: Reduced Intensity Alternative
The Reduced Density Alternative would reduce the total number of residential units to be developed to 676 units (a reduction of 92 units). Under this alternative there would be 514 single family units, 162 medium high density units, 6.5 acres of neighborhood commercial, and 17 acres in parks, as shown in Figure 6-3 of the EIR. The detention basin would remain in the southeast portion of the project site.
Findings
Specific economic, social, or other considerations make infeasible the No Project/Existing General Plan Land Use Alternative identified in the EIR as described below, each of which is an independent basis to reject Alternative 3.
• Alternative 3 would result in generally the same amount of land disturbance as the proposed project, and would fail to avoid or lessen several of the project's impacts. • By reducing the overall density across the project site and reducing the acreage of neighborhood commercial and parks uses, the Alternative 3 would not meet the project’s objectives of providing for orderly and well-planned development and housing at a scale and density appropriate to the project site and that supports the creation of public amenities.
• As the reduced density of residential units would allow for less available acreage for parks uses (because a smaller number of units would be spread over a greater amount of land area), the Alternative 3 would not include a density that also provides the amount of public amenities included within the proposed project. • Alternative 3 would not be consistent with the land use designations for the project site in the City’s General Plan and would require an amendment to the General Plan.
VI. ABSENCE OF NEW INFORMATION
The City recognizes the Final EIR incorporates information obtained and produced after the Draft EIR was completed, and that the Final EIR contains additions, clarifications, and modifications to the Draft EIR. The City has reviewed and considered the Final EIR and all of this information. The Final EIR does not add significant new information to the Draft EIR that would require recirculation of the Draft EIR under CEQA. The new information added to the Final EIR does not involve a new significant environmental impact, a substantial increase in the severity of an environmental impact, or a feasible mitigation measure or alternative considerably different from others previously analyzed that the project sponsor declines to adopt and that would clearly lessen the significant environmental impacts of the Project. No information indicates that the Draft EIR was inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR. Thus, recirculation of the DEIR is not required. The City finds that the changes and modifications made to the Draft EIR after the DEIR was circulated for public review and comment do not individually or collectively Item 11.b
constitute significant new information within the meaning of Public Resources Code section 21092.1 or the CEQA Guidelines section 15088.5.
VII. STATEMENT OF OVERRIDING CONSIDERATIONS
As explained above, the City has required changes or alterations to the project, and has incorporated these as conditions of approval, to mitigate or avoid the project’s potentially significant impacts. To the extent those changes or alterations are within the responsibility or jurisdiction of the City of Vacaville to implement or enforce, and the City finds them to be feasible and effective, the City has found that the potentially significant impacts will be reduced to a less-than-significant level. In some cases, however, there are no feasible measures available or measures are not within the City’s jurisdiction to avoid or reduce the potential impacts to a less-than-significant level. Accordingly, the City finds above that certain impacts of the proposed project will remain significant and unavoidable.
Pursuant to CEQA section 21081 and CEQA Guideline 15093, however, the City hereby finds that the specific overriding economic, legal, social, technological, and other benefits of the project outweigh these significant and unavoidable impacts. The specific reasons for this finding, based on substantial evidence in the record constitute the following “Statement of Overriding Considerations.”
On the basis of the above findings and the substantial evidence in the record of this proceeding, the City specifically finds, and therefore makes this Statement of Overriding Considerations, that as a part of the process of obtaining project approval, all significant effects on the environment with implementation of the project have been eliminated or substantially lessened where feasible. Furthermore, the City has determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to the following overriding considerations, each of which is an independent and sufficient basis to override the project’s significant and unavoidable impacts:
1. The proposed project assists with the implementation of the City’s General Plan Land Use Plan and Land Use policies that support the orderly development of the East of Leisure Town Growth Area.
2. The proposed project fulfills pressing land use needs in the City, namely the provision of additional housing, neighborhood commercial uses, an additional community park, pocket parks, and open space.
3. The proposed project provides appropriate environments for housing for households of a variety of incomes, including potentially low, moderate- and above-moderateincome households, and including housing designed to attract business executives and professionals.
4. The proposed project provides a diversity of single family lot sizes consistent with General Plan goals of providing a diversity of housing types.
5. The proposed project provides for attached duet lots, which is a housing product that is in short supply in the community and would be help meet pressing housing needs for residents of a variety of income levels and household sizes.
Item 11.b
6. The project provides community features such as a clubhouse facility, trails, an orchard buffer, open spaces, and a community garden area that are of superior quality to standard residential developments and that are consistent with the General Plan vision of high quality design.
7. The proposed project provides neighborhood commercial sites that will provide close convenient services to the residents of the project and the surrounding area. This will help the City meet goals of reducing the distances residents need to travel for basic services.
8. The proposed project would include creation of a new parks and recreational areas to serve new residents of the development as well as residents of existing homes in the area and throughout the City, and incorporates a plan for development of the open space areas in a timely manner and with a financing plan that will assist the City in providing additional city-wide recreational resources effectively.
9. The project provides for improvements to existing streets that will improve safety for pedestrians, bicyclists, and vehicle travel.
10. The project provides for utility facilities that are envisioned in the General Plan.
11. The project provides a site for a new well-site for the City’s municipal water supply.
VIII. ENVIRONMENTAL REVIEW CONCLUSION
Based on the facts and findings above, the project meets the specific plan criteria.
Item 11.b
CITY OF VACAVILLE
ORDINANCE NO. _______
(First Reading)
Ordinance adopting the first amendment to the Development Agreement by and between the City of Vacaville and Vacaville S2 Investors, LLC, regarding the development of real property commonly referred to as the Farm at Alamo Creek, located east of Leisure Town Road, north of Elmira Road and south of Hawkins Road on Assessor Parcel Number 0138-010-180
Whereas, on November 13, 2018, the City Council of the City of Vacaville certified a Final Environmental Impact Report (FEIR) (State Clearinghouse Number 2017062068) and adopted a Statement of Overriding Considerations for the Farm at Alamo Creek Specific Plan and Development Project (“Project”), and approved a Specific Plan, Development Agreement and Tentative Subdivision Map for a development consisting of 768 residential units, 19.4 acres of community park including an 8.2 acre Play-4-All park, 7.4 acres of neighborhood commercial use, and public open spaces and trails on 210 acres of land located east of Leisure Town Road, north of Elmira Road, and south of Hawkins Road on Assessor Parcel Number 0138-010-180; and
Whereas, the City Council of the City of Vacaville adopted that certain development agreement by and between the City of Vacaville and Vacaville S2 Investors, LLC (“Developer”) regarding the development of real property commonly referred to as the Farm at Alamo Creek in accordance with the findings in City Council Ordinance No. 1930; and Whereas, Section 14.D of the Development Agreement authorizes the City and Developer to amend the Development Agreement by mutual written agreement; and Whereas, on July 24, 2025, the Developer submitted applications to amend the Specific Plan and Development Agreement (“Amendments”) to allow the Developer to establish a new, project-specific Community Facility District (“CFD”) in lieu of annexing the Project into CFD No. 11; and
Whereas, the proposed Amendments would establish maximum annual special tax rates based on the Fiscal Impact Analysis and would continue to require the Project to provide an ongoing funding source for its impacts on City services; and Whereas, the Developer also requests an amendment extending the term of the Development Agreement by four years, from January 11, 2029, through January 11, 2033, to provide additional time to complete subdivision improvements and development of the Project while preserving the obligations and public benefits secured by the Development Agreement; and Whereas, the proposed Amendments are intended to provide greater certainty regarding the Project’s municipal service obligations, provide flexibility to implement a financing mechanism tailored to the Project’s estimated fiscal impacts, and facilitate financing, construction, and orderly development of the Specific Plan area; and
Item 11.b
Whereas, the proposed Amendments would not change the approved land-use designations, zoning, residential unit count, subdivision layout, tentative subdivision map, or development standards applicable to the Project; and
Whereas, except as expressly changed by the Amendments, all applicable mitigation measures, conditions of approval, obligations, requirements, and public benefits associated with the Original Project and the Development Agreement would remain in full force and effect; and Whereas, pursuant to Section 15162 of the State CEQA Guidelines, the City evaluated the proposed Entitlements in light of the previously certified Farm at Alamo Creek Specific Plan and Development Project FEIR and determined, based on substantial evidence in the record, that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects, that no substantial changes in circumstances have occurred, and that no new information of substantial importance has become available that would require preparation of a subsequent or supplemental environmental impact report; and
Whereas, the City of Vacaville Planning Commission held a duly noticed public hearing on September 15, 2026, to consider the Amendments, where they received testimony from City staff, the Developer, and all interested persons regarding the proposed Project; and Whereas, the Planning Commission voted 6-0 (one commissioner absent) to recommend the City Council of the City of Vacaville reaffirm the previously certified FEIR and approve the Amendments, based on the findings of fact, as shown in Exhibit A and depicted by Exhibit B; and Whereas, the City Council held a duly noticed public hearing on October 13, 2026 to consider the previously certified FEIR and Amendments, where they received testimony and evidence from City staff and all interested persons regarding the proposed project, and also considered testimony and evidence submitted at the Planning Commission hearing.
Now, therefore, the City Council of the City of Vacaville does ordain as follows:
Section 1. The City Council approves the First Amendment to the Development Agreement (“First Amendment”) as shown in Exhibit B, which is attached and hereby incorporated herein.
Section 2. The City Council has reviewed the requested amendment for the Farm at Alamo Creek Development Agreement, as shown in Exhibit B hereto, and adopts findings of fact pursuant to Vacaville Municipal Code Section 14.17.050.020 (Amendment of Development Agreement), hereby attached as Exhibit A.
Section 3. The City Council finds that the First Amendment, attached hereto as Exhibit B, is necessary to ensure that said lands ultimately are used for the purposes that are most appropriate and most beneficial from the standpoint of the City as a whole.
Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Item 11.b
ordinance and each section, subsection, phrase, or clause thereof, irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
Section 5. This ordinance shall take effect thirty (30) days after passage thereof.
Section 6. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
I hereby certify that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 13th day of October, 2026, by the following vote:
Ayes:
Noes:
Absent:
Attest:
_____________________________
Michelle A. Thornbrugh, City Clerk
List of Exhibits
Exhibit A – Findings of Fact
Exhibit B – First Amendment to Development Agreement
Item 11.b
Exhibit A to Ordinance No.
The Farm at Alamo Creek Specific Plan Amendment
and Development Agreement Amendment
Findings of Fact
East of Leisure Town Road, north of Elmira Road, and south of Hawkins Drive Assessor Parcel Number 0138-010-180
Reaffirmation of Previous Environmental Assessment, Specific Plan Amendment, and Development Agreement Amendment
File No. 25-088
Code sections referenced below are from the Vacaville Municipal Code (VMC) or California Environmental Quality Act (CEQA) guidelines, unless otherwise specified.
Summary of Evidence
The Vacaville City Council bases its decision on the following information: (1) the project application, including attachments and related studies; (2) the staff reports, City files, records and other documents prepared for and/or submitted to the City relating to the environmental review and the project itself; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the Vacaville General Plan, the VMC and other applicable plans, codes and resolutions of the City of Vacaville; (5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City during the comment period relating to the project or the environmental review; (6) the minutes and recordings of the Planning Commission and City Council hearings; and (7) all other matters of common knowledge to the to the City, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City and its surrounding areas.
Development Agreement Amendment Findings
VMC Section 14.17.050.020 (Amendment to Development Agreement) A. When adopting an amendment to a development agreement, the City Council shall make findings, including, but not limited to, the following:
1. The First Amendment is consistent with the provisions of Division 14.17 of the Vacaville Land Use and Development Code;
Finding: The First Amendment is consistent with the provisions of VMC Division 14.17.
The City and Developer have mutually agreed to the proposed changes in accordance with Section 14.D of the Development Agreement, and the First Amendment has been processed using the public notice, review, and hearing procedures applicable to an amendment of a development agreement. The Planning Commission conducted a duly noticed public hearing and made a recommendation to the City Council, and the City Council conducted a duly noticed public hearing before taking final action.
The First Amendment identifies the property and parties subject to the Development Agreement, specifies the provisions to be amended, and preserves all provisions of the original Development Agreement that are not expressly modified. The amendments are Item 11.b
2 consistent with the General Plan, the Farm at Alamo Creek Specific Plan as proposed to be amended, and other applicable provisions of the VMC. The First Amendment therefore satisfies the procedural and substantive requirements applicable to development agreement amendments under Division 14.17.
2. That the First Amendment is consistent with the original intent of the Development Agreement; and
Finding: The First Amendment is consistent with the original intent of the Development Agreement. The Development Agreement was adopted to provide certainty regarding the rules, standards, obligations, and public benefits governing development of the Farm at Alamo Creek and to facilitate the orderly construction of the Project and its required public improvements. It also requires the Developer to form or join a CFD to fund the cost of City services attributable to the Project, including police and fire protection.
The First Amendment maintains these purposes. Establishing maximum annual special tax rates based on the Fiscal Impact Analysis provides greater certainty regarding the Project’s municipal-service funding obligations, while allowing formation of a projectspecific CFD provides flexibility to implement a financing mechanism tailored to the Project’s estimated fiscal impacts. The Project will remain obligated to participate in a CFD and provide an ongoing funding source for municipal services.
Extending the Development Agreement through January 11, 2033, will provide additional time to complete subdivision improvements and develop the Project while preserving the vested rights, infrastructure commitments, fiscal obligations, and public benefits established by the original agreement. The First Amendment does not change the approved land uses, residential unit count, density, subdivision layout, development standards, or other physical components of the Project. Except as expressly amended, all obligations and requirements of the original Development Agreement will remain in full force and effect.
3. That the First Amendment would not be detrimental to the public health, safety, or welfare of the community.
Finding: The First Amendment would not be detrimental to the public health, safety, or welfare of the community. The amendment does not authorize additional development or change the location, type, intensity, or physical configuration of the Project. All requirements governing infrastructure, emergency access, utilities, public improvements, environmental mitigation, and the provision of police and fire services will remain applicable.
The First Amendment will continue to require the formation of, or participation in, a CFD that provides an ongoing source of revenue for municipal services attributable to the Project. The proposed maximum annual special tax rates are based on the Fiscal Impact Analysis prepared by BAE Urban Economics, which evaluated the General Fund revenues and service costs anticipated from development of the Specific Plan. The project-specific CFD is intended to offset the Project’s estimated General Fund shortfall and help ensure that development does not adversely affect the City’s ability to provide services to existing or future residents.
By providing greater certainty regarding municipal service funding and additional time to Item 11.b
3 complete the Project and its required improvements, the First Amendment will facilitate orderly development without reducing any applicable health, safety, environmental, or public improvement requirement. The amendment, therefore, would not be detrimental to the public health, safety, or general welfare of the community.
Development Agreement Amendment Conclusion
Based on the findings of fact above, the project meets the criteria for adopting the requested development agreement amendment.
Item 11.b
1 074665\18708096v10
Exhibit B to Ordinance No.
The Farm at Alamo Creek Specific Plan Amendment
and Development Agreement Amendment
Draft First Amendment
East of Leisure Town Road, north of Elmira Road and south of Hawkins Drive Assessor Parcel Number 0138-010-180
Reaffirmation of Previous Environmental Assessment, Specific Plan Amendment and Development Agreement Amendment
File No. 25-088
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Vacaville
650 Merchant St.
Vacaville, CA 95688
Attention: City Clerk
Record for the Benefit of
the City of Vacaville and Recording
Fees Exempt Pursuant to Government
Code § 27383
Affects APN(s) 138-010-180 Space Reserved for Recorder's Use Only
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF VACAVILLE
AND VACAVILLE S2 INVESTORS, LLC
REGARDING THE DEVELOPMENT OF REAL PROPERTY COMMONLY
REFERRED TO AS THE FARM AT ALAMO CREEK
___________________________________
DATE
Item 11.b
2 074665\18708096v10
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First
Amendment”), dated for reference purposes as of _____________, 2026 (“First Amendment Date”), is entered into by and between VACAVILLE S2 INVESTORS, LLC, a California limited liability company (“Developer”) and the CITY OF VACAVILLE, a California municipal corporation (“City”). Developer and City are sometimes referred to individually herein as a “Party” and collectively as “Parties.”
R E C I T A L S
This First Amendment is entered into on the basis of the following facts, understandings and intentions of the Parties.
A. City and Developer are parties to that certain Development Agreement By And Between The City of Vacaville and Vacaville S2 Investors, LLC Regarding the Development of Real Property Commonly Referred to as the Farm at Alamo Creek, dated as of December 11, 2018, and recorded on January 14, 2019, in the Official Records of Solano County as Document No. 201900002265 (“Development Agreement”).
B. The Development Agreement is in full force and effect and a binding obligation of the Parties, and the original named Developer remains the fee owner of the Property subject to the Development Agreement. The Development Agreement has not been amended or modified either orally or in writing prior to this First Amendment.
C. Sections 14.D of the Development Agreement authorize the Parties to enter into amendments to the Development Agreement.
D. Section 5.F(3) of the Development Agreement states that the “Project Site shall not be subject to any development impact fee enacted or revised after the Effective Date of this Agreement unless it applies on a City-wide basis.” The Parties desire to clarify that the Development Agreement is not intended to preclude Developer from exercising any Project vested rights that may otherwise be available under California law as the Project develops, such as the Housing Accountability Act (e.g., Government Code § 65589.5(o)) and Subdivision Map Act (e.g., Government Code 66498.1).
E. Section 4.A of the Development Agreement requires the Project to take all steps necessary to join a community facilities district (CFD) to fund city services including police and fire protection services. The Parties desire to establish the maximum special tax that may be imposed through the CFD obligation.
F. Section 1.B of the Development Agreement generally defines the “Term” of the Development Agreement as ten (10) years commencing on the “Effective Date.” Due to unforeseen delays in implementation of the Project, the Parties now desire to amend the Development Agreement to extend the Term by four (4) years to a total of fourteen (14) years to preserve Developer’s rights under the Development Agreement and to preserve the public benefits to the City associated with the Development Agreement and the Project, and to make certain other amendments, all as provided below.
Item 11.b
3 074665\18708096v10
NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
A G R E E M E N T S
1. Capitalized Terms. All capitalized terms used herein shall have the meanings given in the Development Agreement, except as expressly otherwise defined in this First Amendment.
2. Amendment of Section 1.B. The first sentence of Section 1.B of the Development Agreement (Term) is amended as follows (deletions shown in strike out; additions shown as double underlined):
“1B. Term. This Agreement shall commence upon the Effective Date and shall remain in effect for a term of ten fourteen (10 14) years after the Effective Date (“Term”), unless said Term is terminated, modified, or extended as expressly set forth in this Agreement, or by the mutual written agreement of the parties.”
3. Amendment of Section 4.A. The first sentence of Section 4.A of the Development Agreement (Community Facilities District Formation) is amended as follows (deletions shown in strike out; additions shown as double underlined):
“4.A. Community Facilities District Formation. Developer shall apply for and procure adoption by City of such resolutions and actions as may be required to form or join a community facilities district (“CFD”). The purpose of the CFD is to pay for the full cost of City services for the Project, including fire protection and police protection. The CFD shall be formed by City before the recordation of the first Neighborhood Final Map. Based on the fiscal analysis by BAE Urban Economics dated July 23, 2026 (“Fiscal Impact Analysis”) the CFD’s maximum annual special tax shall not exceed the amounts set forth in Exhibit D in the columns labelled “Avg. Levy Per Unit Per Year” and “Avg. Levy Per Sq. Ft. Per Year” subject to annual escalation beginning July 1, 2028 based on the Urban Wage Earners and Clerical Workers San Francisco-OaklandHayward (CWURS49BSA0) index. Should (i) prior to formation of the CFD, Developer request an amendment to the general plan, specific plan, or zoning maps in a manner that results in a net (i.e., excluding the exchange of designations between specific plan areas) change the land use or zoning designation of 10% of more of the Project’s residential units, excluding changes to land use or zoning designations necessary to accommodate the locations or sizes of the Specific Plan’s detention basins; (ii) beginning with the 2029 City “Adopted Annual Operating Budget” and prior to the earlier of approval of the first Project subdivision improvement agreement (i.e., first Village in-tract subdivision improvement agreement) or formation of the CFD, the two-year average of the City’s Adopted Annual Operating Budget cumulatively increases by more than 10% above the Consumer Price Index growth - Urban Wage Earners and Clerical Works (San Francisco – Oakland – Hayward) from the Adopted Annual Operating Budget in effect on the First Amendment Date; or (iii) approval of the first Project subdivision improvement agreement (i.e., first Village in-tract subdivision improvement agreement) or formation of the CFD has not occurred prior to three (3) years after the First Amendment Date (each a “Material Change”), City and Developer recognize that such Material Change may require modifications to the data, analysis, and maximum special taxes identified in this Fiscal Item 11.b
4 074665\18708096v10
Impact Analysis, and agree to meet and confer in good faith to determine whether an amendment to this Agreement is required to address such Material Change.
4. Exhibit D. Exhibit D, in the form attached hereto, is added to the Development Agreement.
5. Amendment of Section 5.F. New subsection 5.F.(5) is added to the Development Agreement as follows (deletions shown in strike out; additions shown as double underlined):
“(5) No Impact to Vested Rights. Nothing in this Section 5.F shall be construed to waive any right expressly available to Developer under California law that operates independently of this Agreement, including without limitation the Housing Accountability Act (e.g., Government Code § 65589.5(o)) and the Subdivision Map Act (e.g., Government Code 66498.1). This Section 5 does not abrogate, expand, or create any statutory vested rights for purposes of this Project. Developer agrees to use goodfaith efforts to provide at least five (5) business days’ notice to the City if Developer plans to file any Project-related application seeking to establish any fee-related vested rights, to allow City to prepare the necessary materials and fee estimates applicable at that time. Developer’s failure to provide such notice shall not impact Developer’s the effectiveness of a Project-related application seeking to establish any fee-related vested rights”
6. Ratification. Except as expressly modified by this First Amendment, the Development Agreement remains in full force and effect.
7. Execution in Counterparts. This First Amendment may be executed in counterparts, each of which shall for all purposes be deemed to be an original; and all such counterparts shall together constitute one and the same instrument.
Item 11.b
5 074665\18708096v10
IN WITNESS WHEREOF, this First Amendment has been entered into by and between Developer and City as of the day and year first above written. “CITY”
CITY OF VACAVILLE, a California
municipal corporation
John Carli, Mayor
[signature must be notarized]
Approved as to form:
Andria Borba, City Attorney
“DEVELOPER”
VACAVILLE S2 INVESTORS, LLC.,
a California limited liability company
Lane B. Stephens, Manager
[signature must be notarized]
Item 11.b
074665\18708096v10
ACKNOWLEDGMENTS
State of California )
)
County of ____________________ )
On ____________________, 202__, before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ___________________________________ (seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
Item 11.b
074665\18708096v10
ACKNOWLEDGMENT
State of California )
)
County of ____________________ )
On ____________________, 202__, before me, _____________________________________, Notary Public, personally appeared ______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ___________________________________ (seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
Item 11.b
074665\18708096v10
Exhibit D
Farm CFD Maximum Annual Special Tax Schedule
Item 11.b
PROJECT
SITE
Hawkins Rd
Elmira Rd
Leisure Town Rd
Carroll Way
Sunflower St
Ulatis Dr
Play-4-All
Park
Alamo Creek
CITY OF VACAVILLE
COMMUNITY DEVELOPMENT THE FARM AT ALAMO CREEK SPA & DA AMENDMENTS
DEPARTMENT
LOCATION MAP N
APN: 0138-010-180 FILE NO. 25-088
Residential Low Density
Residential Low Medium
Density
Residential Medium
High Density
Commercial
Neighborhood
Urban Reserve
Public/Institutional
Public Park
Public Open Space
Agricultural Buffer
Item 11.b
Lane B. Stephens
Nicholas W. Stephens
Nicholas M, Kapranos
Real estate investment
Since 1973
601 California Street • SUITE 1710 • San Francisco, CA 94108 • PH (415) 781-8000 • FAX (415) 391-9823 The Farm at Alamo Creek
DA Amendment Request and Community Benefits
Due to unforeseen delays in implementation of the Project, related in part to the economic constraints on the Farm at Alamo Creek Specific Plan Project, Vacaville S2 Investors, the Project owner, is requesting an amendment to the Project’s Development Agreement (DA) to provide a reasonable timeline to implement the Project as well as to provide clarity regarding the Project’s economics. First, the DA amendment would extend the term of the 2018 DA by four (4) years to a total term of 14 years. Second, the proposed DA amendment would affirm that the Project may take the benefit of the vested rights that are available for a new housing project under the Subdivision Map Act’s vesting tentative map provisions and the Housing Accountability Act if future Project applications for those rights are made. This is needed so that homebuilders can justify the substantial investment required to begin vertical development and the costs associated with the Project’s major amenities. The DA amendment would also incorporate the findings of a fiscal impact analysis prepared for the Project in coordination with City staff that establishes the maximum special tax for the Project’s fiscal impact to City services and the circumstances where that maximum rate may need to be adjusted.
The Specific Plan amendment that is being concurrently processed with the DA amendment would make edits consistent with DA CFD provisions.
The Project, including the proposed DA amendment, has and will continue to provide the City substantial community benefits. If the Project is not implemented, the City and surrounding communities would lose the following benefits except for the Play-4-All Park which was built on land donated by Vacaville S2 Investors:
Correct Downstream Flooding in the Town of Elmira – The Project will improve existing conditions in the Town of Elmira. Improvements in Old Alamo Creek including the removal of invasive blackberries will significantly improve drainage flow in the creek through the Town of Elmira. In addition, an undersized culvert in the creek near the corner of Water and ‘B’ Street will be removed which has caused Item 11.b
localized flooding because the water is not adequately conveyed in the creek in this area.
Repair and Restore Alamo Creek – Currently, there are several issues within Old Alamo Creek that impede water flow in the creek. In the creek, east of the future Carroll Way, there is a culvert that was installed years ago that has collapsed and no water is conveyed through this area. As a result, when water flowing through the creek reaches this location, the creek level rises until water can overtop the banks.
Some of the water heads eastward overland toward the Town of Elmira and some of the flow is able to matriculate back into Old Alamo Creek. However, the water that is able to flow back into the creek encounters a creek which has a significantly reduced capacity because it is silted in and has extensive blackberry growth. The Farm at Alamo Creek Project will improve the creek configuration, including by addressing the collapsed culvert, and remove the blackberries to improve flow and reduce flooding.
Improve SID Canals - The project developers have worked closely with the Solano Irrigation District to reduce safety concerns related to their facilities. All open canals within the project will be fenced or undergrounded to prevent anyone from entering.
Improve Leisure Town Road – The City of Vacaville recently widened Leisure Town Road across the frontage of the project. The Farm at Alamo Creek Project is participating in the cost of that widening, and will complete the improvements by undergrounding the overhead utilities, installing landscaping and a sound wall.
Improve Elmira Road – The project will completely reconstruct Elmira Road across the frontage of the project. The improvements will include widening the street, installing sidewalk and landscaping.
Improve and realign Hawkins Road with signalization – Currently, Hawkins Road and Ulatis Drive do not align where they meet Leisure Town Road. The project will realign Hawkins Road to intersect with Ulatis Drive at Leisure Town Road and install a traffic signal to improve traffic safety in the area.
Provide City Well Site – An approximately 1-acre site will be dedicated without charge to the City of Vacaville for installation of an additional water well. The eastern portion of the city sits on top of the Tahama Aquafer, a large source of water for the city, and this well site will improve water quality and reliability.
Reduce Leisure Town Road traffic with Installation of the Carroll Way Minor Arterial – Several years ago the City considered widening Leisure Town Road to 6 lanes to accommodate future traffic. There was significant public opposition to this, Item 11.b
and it was determined that future traffic could be accommodated with the installation of Carroll Way as a minor arterial, which will be installed by the project.
The Play 4 All Park – This is an All-Abilities Park designed for children of all abilities and disabilities. The Farm at Alamo Creek donated 7.7 acres to the Play 4 All Park non-profit organization who is constructing the Park. The complete park was deeded to the City of Vacaville at no cost to the City nor fee credits to the Land Owner / Developer. Phase 1 of the Park is complete, and the State of California has issued a grant for $1.7 million to complete Phase 2. The park is anticipated to be fully constructed well before the project’s first home is occupied and is already considered Solano County’s most popular park after completion of Phase 1.
Extensive Trail System – There is an extensive trail system throughout the project that will connect the three interior parks (2 Pocket Parks and Community Pool/Park) with the Play 4 All Park and Community Park to the South. In addition, there is a trail along Old Alamo Creek that connects the parks with the Detention Basin Water Feature described below.
Additional Large 10.5-acre City Park Land – This land has been reserved adjacent to and directly east of The Play for All Park. This acreage is ideal for either the expansion of the Play 4 All Park or construction of a traditional Community Park.
Two Neighborhood Pocket Parks – These two facilities provide additional recreational opportunities within the proposed neighborhoods. One will serve the area north of Camino Beltran and the other will serve the area south of Camino Beltran.
Vacaville’s only Clubhouse / Pool and Park combo – This proposed facility will provide amenities that are not found in any other master planned community in the City of Vacaville. The facility will include a full-sized lap pool. In addition, the clubhouse/pool facility will be surrounded by another 1 ½ acres of private park area.
Affordable by Design - Duet Lots – The project is proposing 164 duet lots which will allow for the construction of homes that are more affordable by virtue of their smaller size It is anticipated that the home sizes will range from 1,100 SF to 1,600 SF. Over the last few years there have been very few smaller homes built in Vacaville, and this project presents a significant opportunity for young families to locate in Vacaville.
Workforce Housing – In addition to the duet lots, there are a number of other smaller lots which again would provide homes that are more affordable by design.
These homes would be ideal for the greater workforce, including teachers, first responders, and others that have difficulty affording a home in Vacaville.
Item 11.b
Diversity of lot sizes and types – The project proposes lot sizes that range from 2,049 SF (for the smallest duet lot) to 10,637 SF (for lots along the eastern boundary). The diversity of lot sizes allows for a variation of housing types rarely seen in other master planned communities.
Water Feature as a part to the Trail System – The project is required to provide for Stormwater detention during significant rain events. In designing this facility in the southeast corner of the project it was found that ground water is relatively shallow.
To take advantage of the shallow ground water table while also providing for detention, the detention basin will be excavated to a depth of 15 feet. This will allow for the creation of a year-round lake feature. To keep the water clear, an aeration fountain will be installed to enhance the attractive look of the facility.
Supporting Union Workers – The Farm at Alamo Creek developers have signed a Project Labor Agreement to support the use of union labor in the construction of the homes east of Carrol Way.
Provides Additional High Sales Tax Commercial Land – The project proposes 3.4 acres of commercial development which will generate sales tax revenue for the City of Vacaville.
Item 11.b
bae urban economics
Final Fiscal Impact Analysis for The Farm at Alamo Creek Specific Plan Prepared for Vacaville S2 Investors LLC
July 23, 2026 (Revised)
Item 11.b
bae urban economics
San Francisco Sacramento Los Angeles Washington DC Atlanta New York City www.bae1.com
July 23, 2026
Cameron Stewart
Vacaville S2 Investors, LLC
c/o D.R. Stephens & Company
601 California Street, Suite 1710
San Francisco, CA 94108
Dear Cameron:
BAE Urban Economics, Inc. (BAE), is pleased to submit the attached Final Fiscal Impact Analysis for the Farm at Alamo Creek development project in Vacaville (“Project”). This final report incorporates changes requested in the NBS peer review memorandum dated April 24, 2026, including updated property valuation assumptions, updated property tax in-lieu of vehicle license fee (ILVLF) assumptions, and updated Measure G revenue assumptions. In addition, as a consequence of the updated property valuation assumptions, there are related updates to property transfer tax calculations. Finally, this final report has been updated with service cost updates provided by City staff in an Excel workbook, dated June 1 , 2026.
This July 23, 2026 report version includes the City of Vacaville General Fund costs for community/regional parks maintenance, based on existing citywide average per capita costs.
This version of the report also deletes the discussion of a potential CFD levy amount to mitigate impacts on the City of Vacaville General Fund, as further discussions with the City of Vacaville are necessary to determine the exact City services and costs that should be included in the calculation.
I am available to discuss the final report and answer any questions you may have. Please do not hesitate to contact me at (530) 219-0682, or by email at [email protected].
Sincerely,
Matt Kowta, MCP
Managing Principal
Item 11.b
i
Contents
EXECUTIVE SUMMARY ............................................................................................................... iii Overview ...................................................................................................................................... iii Projected General Fund Revenues ............................................................................................ iii Projected General Fund Expenditures ....................................................................................... iii Net Fiscal Impact ........................................................................................................................ iv CFD Levy to Mitigate Shortfall .................................................................................................... iv INTRODUCTION .......................................................................................................................... 1 Project Description.......................................................................................................................1 Capital Facility Improvements...................................................................................................2 Maintenance Responsibilities for Public Facilities..................................................................3 Methodology .................................................................................................................................4 GENERAL FUND FISCAL IMPACTS ............................................................................................. 5 Projected Annual Revenues ........................................................................................................5 Real Property Tax.......................................................................................................................5 Property Taxes In-Lieu of Vehicle License Fees.......................................................................7 Sales Tax ....................................................................................................................................8 Measure M.............................................................................................................................. 10 Transient Occupancy Tax ....................................................................................................... 11 Property Transfer Tax ............................................................................................................. 12 Intergovernmental Transfers ................................................................................................. 12 Measure I Excise Tax.............................................................................................................. 13 Other Revenues ...................................................................................................................... 14 Summary of General Fund Revenues ................................................................................... 14 Projected Growth-Related Expenditures.................................................................................. 15 Police Department.................................................................................................................. 15 Public Works - Parks and Maintenance Division .................................................................. 17 Public Works – Engineering Services Division...................................................................... 19 Other Expenditures................................................................................................................. 19 Summary of Expenditures...................................................................................................... 23 Net Fiscal Impact ...................................................................................................................... 23
Item 11.b
ii
Table of Tables
Table 1: The Farm at Alamo Creek Specific Plan Development Program .................................... 2 Table 2: Existing Assessed Value..................................................................................................... 6 Table 3: Growth-Related Property Tax Revenue ............................................................................ 7 Table 4: Growth-Related ILVLF Revenue........................................................................................ 8 Table 5: Growth-Related Sales Tax Revenue................................................................................. 9 Table 6: Growth-Related Measure M Revenue............................................................................11 Table 7: Growth-Related TOT Revenue.........................................................................................12 Table 8: Growth-Related Property Transfer Tax Revenue ...........................................................12 Table 9: Growth-Related Impact on Intergovernmental Transfers .............................................13 Table 10: Measure I Excise Tax Revenues...................................................................................13 Table 11: Growth-Related Impacts to Other Revenues...............................................................14 Table 12: Summary of Growth-Related Revenues.......................................................................15 Table 13: Growth-Related Police Expenditures ...........................................................................17 Table 14: Onsite Parks and Landscaping Maintenance Costs ...................................................19 Table 15: Streets Maintenance Costs ..........................................................................................19 Table 16: Growth-Related Impact to Other General Fund Expenditures....................................22 Table 17: Summary of Growth-Related Expenditures .................................................................23 Table 18: Annual Net Fiscal Impact at Buildout ..........................................................................24 Item 11.b
iii
EXECUTIVE SUMMARY
Overview
This study projects the fiscal impacts to the City of Vacaville General Fund from the buildout of The Farm at Alamo Creek Specific Plan. The Specific Plan proposes a 210.5-acre residential community in Vacaville, featuring 768 dwelling units, 7.2 acres of neighborhood commercial space, and 45 acres of parks and open space. At buildout, the project will add 2,245 residents and 59 jobs to the City's service population.
Projected General Fund Revenues
The fiscal model projects that The Farm at Alamo Creek will generate approximately $1.8 million annually in new General Fund revenues at buildout. Key sources include property tax, sales tax, Measure M, and other revenues.
Revenue Source Amount1
Property Tax $579,000
Property Tax In-Lieu of VLF $469,000
Sales Tax $294,000
Measure M Sales Tax $64,000
Other Revenues $246,000
Measure I Excise Tax $45,000
Transient Occupancy Tax $41,000
Property Transfer Tax $32,000
Intergovernmental Transfers $48,000
Total $1,818,000
Projected General Fund Expenditures
The fiscal model projects that annual growth-related General Fund expenditures will be approximately $2.3 million at project buildout, driven primarily by Police Services ($951,000) and Fire Department ($518,000).
Expenditure Category Amount2
Police Services $951,000
Fire Department $518,000
Public Works & Parks $109,000
Other Departments $709,000
Total $2,288,000
1 Figures are rounded to nearest $1,000.
2 Ibid.
Item 11.b
iv
Net Fiscal Impact
The analysis projects a negative net fiscal impact of approximately $469,000 annually at buildout.
CFD Levy to Mitigate Shortfall
Per City of Vacaville policy, it is anticipated that The Farm at Alamo Creek will form a Community Facilities District (CFD) to mitigate the projected annual General Fund shortfall for the project; however, due to the unique circumstances of The Farm at Alamo Creek, the exact treatment of General Fund costs for Public Works – Park Maintenance activities, which involves citywide costs for regional and community parks, is yet to be determined. If a CFD levy on properties within the Specific Plan area was calculated on a per Equivalent Dwelling Unit (EDU) basis to mitigate the full $469,000 annual deficit calculated in this report, the annual special tax amounts required to mitigate the projected annual deficit would be as follows:
Land Use Annual Levy
Low & Low-Medium Density Units $604.21/unit
Medium-High Density Units $567.55/unit
Neighborhood Commercial $0.23/sq. ft.
If the costs for Public Works – Park Maintenance were excluded entirely from the calculation, the annual levy for Low Density and Low-Medium Density units would be approximately $101 less, approximately $95 less for Medium-High Density units, and approximately $.04 less for Neighborhood Commercial space.
Item 11.b
1 INTRODUCTION
The Vacaville S2 Investors LLC team commissioned BAE Urban Economics to prepare a fiscal impact analysis of the proposed The Farm at Alamo Creek Specific Plan (referred to as “the project” and “Specific Plan”). Like most new developments, the project will lead to increased demand for city services and infrastructure, and will also generate new revenues through additional taxes and fees. This fiscal impact analysis projects the changes in annual General Fund revenues and expenditures based on the anticipated level of growth at buildout of the project. Data and findings in this report are expressed in constant 2025 dollars. As outlined in the City of Vacaville's "2025 Goals and Policies for Fiscal Impact Analyses", currently a public draft released on September 18, 2025, all new residential developments, with certain exceptions, are required to submit a fiscal impact analysis. This is consistent with the City's draft guidance on conducting Fiscal Impact Analyses.
BAE prepared an initial fiscal impact report to share with the City of Vacaville. The City of Vacaville subsequently contracted with NBS to conduct a peer review of BAE’s analysis. NBS submitted its peer review in the form of a memo to Ken Matsumiya, City of Vacaville Finance Director, dated April 24, 2026. The Vacaville S2 Investors LLC team decided to accept the recommendations of the peer review, including modifications to property valuation assumptions, modifications to property tax in-lieu of vehicle license fee (ILVLF) revenue assumptions, and modifications to Measure G revenue assumptions. In addition, the modifications to the property valuation assumptions led to further updates to the property transfer tax calculations, which are dependent upon property valuation assumptions. These updates are incorporated into this final fiscal impact analysis.
Project Description
The Farm at Alamo Creek Specific Plan details a new residential community designed to reflect the agrarian spirit of Vacaville. Located on a 210.5-acre site, the plan provides for a variety of housing choices, neighborhood commercial services, and extensive recreational amenities.
The community is organized around a comprehensive network of parks and trails that blend modern living with Vacaville’s agricultural heritage. As summarized in Table 1, the project will include 768 new dwelling units with a variety of housing types suitable for a broad spectrum of residents, including families and older adults. The housing choices will range from low-density single-family homes on lots up to 10,000 sq. ft. to higher density attached "duet" products.
The development will feature an extensive system of parks and open spaces totaling over 45 acres. The project also includes two neighborhood commercial properties totaling approximately 7.2 acres, designed to serve the daily needs of local residents and encourage walking and biking. Single-family homes in the Low-Density and Low Medium-Density land use areas are expected to have an average household size of 2.97 persons per household while the Medium High-Density area is expected to have 2.79 persons per household. In total, the development is projected to generate 2,245 new residents, or an average of 2.92 persons per Item 11.b
2 household among all 768 units. Furthermore, if the commercial development has an employee density of 450 square feet per employee, it will add 59 new jobs to the city. The total growth in service population3 from the project would equal 2,304.
Table 1: The Farm at Alamo Creek Specific Plan Development Program Notes:
(a) Applies to detention basin and recreation trails
(b) This development program assumes there will be 768 dwellings in total. It is assumed Low Density and Low Medium Density land uses will have an average size of 2.97 persons per household while Medium High Density will have an average size of 2.79 persons per household. This generates 2,245 new residents, averaging 2.92 persons per household among the 768 dwelling units included in the plan.
(c) The number of new jobs is calculated based on the following assumptions of square feet per employee by land use:
Commercial: 450
(d) The service population is defined as the residential population plus 1/2 of jobs.
Sources: Vacaville S2 Investors LLC, 2025; BAE, 2025.
Capital Facility Improvements
The public capital facility improvements needed to support the project are to be completed by The Farm at Alamo Creek developers in phases. This analysis does not analyze the one-time costs of providing these improvements; rather, it is assumed that the project developers will provide for the construction of these improvements and dedication to the City, at no cost to the City. As explained further below, the maintenance costs for many of these improvements are expected to be allocated to the project through some form of benefit district that will raise revenues to cover maintenance costs via special assessments or taxes on the benefitting properties. Except as noted in this report, the City of Vacaville General Fund will not finance 3 Service population is a metric commonly used in fiscal impact analysis to reflect the demand for local services generated both by residents and workers. Service population is usually defined as the resident population plus one-half of the employee population, which reflects the reduced demand for services from workers compared to residents. To the extent that employees also live within the City, their evening and nighttime demand for services are reflected in the resident population component.
Land Dwelling New New New Service
Land Uses Area (acres) Units/GSF Residents (b) Jobs (c) Population (d) Residential
Low Density 74.4 334 991 n.a. 991
Low Medium Density 41.6 250 742 n.a. 742
Medium High Density 13 184 513 n.a. 513
Subtotal 129 768 2,245 n.a. 2,245
Nonresidential
Neighborhood Commercial 7.4 52,700 n.a. 118 59
Parks 26.6 n.a. n.a. n.a. n.a.
Public Open Space 9.1 n.a. n.a. n.a. n.a.
Public/Institutional (a) 34.2 n.a. n.a. n.a. n.a.
Agricultural Buffer 4.3 n.a. n.a. n.a. n.a.
Subtotal 81.6 52,700 n.a. 118 59
Total 210.6 2,304
Item 11.b
3 maintenance of public capital improvements. The specific infrastructure to be installed by each developer will be detailed in a Master Utility Plan filed with the City and will include the following:
• Improvement of all major arterials and connecting streets, including the widening of Leisure Town Road, Elmira Road, and the realignment and widening of Hawkins Road.
This also includes the construction of the new Carroll Way collector street and all interior public streets.
• Construction of a large detention basin at the southeast corner of the project to manage peak storm flows. The basin will be excavated to create a year-round water body and feature landscaping and an aeration fountain to create a park-like amenity. • Construction, donation, and dedication of numerous public park and recreation facilities that significantly exceed city requirements. These include an 11.2-acre community park, an 8.2-acre "Play-4-All Park," public trails along Old Alamo Creek, and a large public orchard along Leisure Town Road.
• Provision and dedication of a site for a new City of Vacaville Potable Water Well. • Installation of all backbone utilities, including a 42-inch or 48-inch sewer main along Carroll Way, looped potable and non-potable water systems, and the undergrounding of all new dry utilities.
• Dedication of all public rights-of-way and fee ownerships for the completed road, utility, and park facilities.
• Completion of all environmental mitigation as required by the project's Environmental Impact Report (EIR) and its associated Mitigation Monitoring and Reporting Program (MMRP)
• Off-site storm drainage improvements, including the removal of a failed culvert within Alamo Creek in the Town of Elmira to improve water flow.
Maintenance Responsibilities for Public Facilities
Maintenance of public facilities to be completed within The Farm at Alamo Creek project will be funded through a combination of: (1) Formation of a new or annexation into an existing Lighting and Landscape District; (2) Formation of a new or annexation into an existing Park Maintenance District; and (3) Formation of a new or annexation into an existing Community Facilities District. The new maintenance districts will collect sufficient funds to pay for those public facilities for which they are responsible, including: (a) The ongoing maintenance of backup landscaping, trail landscaping, and streetlights by the Lighting and Landscape District; and (b) The ongoing fair-share maintenance of the public neighborhood parks by the Park Maintenance District. A Homeowners Association (HOA) is expected to be formed to maintain and operate certain private facilities. These privately-owned and operated facilities include the Clubhouse and potential Pool facility, the two "mini private parks," and the fountain and landscaping associated with the detention basin.
Item 11.b
4 Methodology
This fiscal impact analysis employs a combination of average cost and revenue multiplier techniques as well as a marginal, case-study approach based on specific attributes of the development program. The average cost and revenue multiplier approach uses current approved City of Vacaville budget levels (FY 25) to calculate the average cost or revenue per service population. The impact on expenditures for most City departments is calculated using this approach, as well as the impact on certain revenue sources. The case study method involves analyzing the specific attributes of the project and identifying marginal changes in service costs or revenues to specific City departments. Growth-related expenditures to the Police Department and Public Works Department - Parks Division are evaluated using this technique. Property tax, property tax in-lieu of vehicle license fee revenues, sales tax, and property transfer taxes are also projected using a case study approach that models the anticipated revenues based on project characteristics and the specific factors that are used to allocate revenues from these sources to the City of Vacaville.
BAE has tailored the methodology and analysis in this fiscal impact analysis to be consistent with the City of Vacaville’s 2025 Goals and Policies for Fiscal Impact Analyses, Public Draft, September, 18, 2025.
For all budget categories that employ the average cost and revenue multiplier approach, BAE consulted with City staff to determine the share of departmental expenditures and revenues that would vary with growth, holding other costs and revenues as ‘fixed’ and projecting only the impacted ‘variable’ costs or revenues. Assumptions for expenditures and revenues projected using the case study approach were also obtained from conversations with City staff. All cost and revenue projections are expressed in constant 2025 dollars.
Item 11.b
5 GENERAL FUND FISCAL IMPACTS
Projected Annual Revenues
The fiscal impact analysis focused on the City of Vacaville General Fund. The General Fund is the portion of the City budget that finances the provision of key City services, such as Police and Fire protection, parks maintenance and recreation services, roadway maintenance, and general government functions. The General Fund relies on the key operating sources such as property taxes, sales taxes, and others which can be allocated at the discretion of the City Council to provide these services. Notably, revenues collected by individual departments to offset their costs, such as user fees that are charged to individuals accessing specific services (e.g., planning applications, recreation program fees, etc.) (offsetting program revenues) are not accounted for in this section and are subtracted from departmental expenditures so that the fiscal impact analysis is based on City of Vacaville service costs that are net of program revenues.
The fiscal impact analysis does not evaluate impacts on various “restricted” funds that typically have their own dedicated funding source(s), such as water and wastewater utilities, for which the City typically is able to adjust expenditures and/or revenue levels to ensure 100 percent cost recovery.
This section details the approach, assumptions, and findings for all revenues to the General Fund.
Real Property Tax
Property tax revenue is based on the assessed value of real property within the City. The estimated assessed value within each Tax Rate Area (TRA) is multiplied by the statutory 1.0 percent ad-valorem property tax rate, which is then multiplied by the property tax allocation factor for each tax receiving entity within the TRA. The Specific Plan spans two TRAs (6202 and 6197), although 98.2 percent of the total land area is in TRA 6202, in which the City of Vacaville receives a 12.2 percent share (tax increment allocation factor) of the one percent advalorem property taxes collected. This analysis multiplies the tax sharing ratio for each of the two TRAs by the share of land area in each TRA, yielding a weighted tax increment allocation factor of 12.2 percent. Accounting for a 19.1 percent shift of property taxes to the Educational Revenue Augmentation Fund (ERAF), as established under AB 8, the resulting net tax increment allocation for the City for all parcels in the specific plan is 9.8818 percent. Note:
This is only about ½ of the tax share that the City receives in the Greentree area.
This analysis uses a case study approach to estimate the plan’s marginal impact on property taxes, estimating the property tax revenue on the net change in assessed value. This involves subtracting the existing assessed value of the site from an estimated assessed value of the new development upon buildout.
Item 11.b
6 Using conservative home sale price assumptions and commercial rent assumptions from the NBS peer review memo dated April 24, 2026, BAE has estimated the increase in assessed value from Specific Plan buildout, assuming that new development will be completed and then sold and therefore reassessed under Prop 13. Subtracting the existing assessed value of the parcels from the estimated assessed value after development is the basis for determining the net new property taxes generated by the project. The existing assessed value of the site is $3,434,516, as shown in Table 2.
Table 2: Existing Assessed Value
Source: Solano County Assessor/Recorder, 2025; BAE, 2025.
Subtracting the existing assessed value of the parcels from the projected value of new development yields the net change in assessed value of the project site. All Low- and Low Medium-density units will be detached for-sale single-family units, while the Medium HighDensity units will be attached “duet” single-family units. As shown in Table 3, the peer reviewrecommended home sale prices range from $690,000 for the Medium High-Density units to $810,000 for Low-Density single-family detached units, totaling $577.5 million in market value, which serves as the proxy for assessed value in this analysis. Using a triple-net (NNN) rent of $1.52 per square foot, a five percent vacancy rate, and a cap rate assumption of 7.5 percent, the 52,700 square feet of commercial development will have an estimated market value of $12.2 million. In total, the market value of new development is estimated at $589.7 million, for a net change in assessed value of $586.2 million. The resulting change in the annual base one percent ad valorem property tax revenue would be $5.9 million per year and based on the Tax Rate Areas in which the project is located, the City would receive 9.8812 percent of the increased tax base. Therefore, the net change in annual property tax revenue from project buildout, summarized in Table 3, is $579,312 per year.
Existing Development
Parcel Number Land Improvements TRA Size (AC)
138-010-180 $2,914,316 $0 6202 174.6
138-010-220 $520,200 $0 6202 3.9
138-010-238 $0 $0 6202 3.9
138-010-150 $0 $0 6197 1.1
138-010-130 $0 $0 6197 1.0
138-010-120 $0 $0 6197 1.2
138-010-170 $0 $0 6202 0.3
138-010-190 $0 $0 6202 4.3
Subtotal $3,434,516 $0 190.3
Total $3,434,516
Assessed Value
Item 11.b
7 Table 3: Growth-Related Property Tax Revenue
Notes:
(a) The parcels associated with the Specific Plan are primarily in TRA 6202, although a small portion of the site area (less than 2 percent) is in TRA 6197. The tax increment allocation factor for the whole site is based on the blended tax increment allocation factors with respect to the relative portion of the site in each TRA. However, after adjusting for a 19.1% shift of property tax revenue to the Educational Revenue Augmentation Fund under AB8, the resulting city share of the one percent base property tax rate is 9.88.
Sources: City of Vacaville, 2025; BAE, 2026.
Property Taxes In-Lieu of Vehicle License Fees
Property tax in-lieu of vehicle license fees (ILVLF) were instituted as a revenue source for California cities and counties in the mid-2000s when the State legislature acted to divert motor vehicle license fee revenues which were previously distributed to local governments. In exchange, the State established ILVLF as a mechanism to replace the lost vehicle license fees and then to increase the revenues over time as the local assessed valuation increases. As shown in Table 4, the City of Vacaville currently receives approximately $15.1 million per year in ILVLF revenues. Based on information from HdL provided in the NBS peer review memo dated April 24, 2026, this is approximately equal to $0.80 in ILVLF revenue per $1,000 of the total citywide assessed value of real property. Maintaining this rate would generate $468,993 annually at project buildout based on the net change of $586 million in assessed value from the project.
The Farm
at Alamo Creek
Assessed Value Specific Plan
Projected Assessed Value of Project $589,675,808
Less: Current (2025) Assessed Value of Project Site ($3,434,516) Net Change in Assessed Value of Project Site $586,241,292 Annual Property Tax Revenue
Net Change in Base 1% Property Tax Revenue $5,862,413
Vacaville Share of Base 1% Property Tax (a) 9.882%
Net Change in City Property Tax Revenue $579,312
Assumptions
For Sale Sale Price Units
Low Density $810,000 334
Low Medium Density $720,000 250
Medium High Density $690,000 184
Total Residential Market Value $577,500,000
General Commercial
NNN Rent $1.52
Cap Rate 7.50%
Vacancy Rate 5%
New Commercial Units (SF) 52,700
Total Commercial Market Value $12,175,808
Item 11.b
8 Table 4: Growth-Related ILVLF Revenue
Sources: City of Vacaville, 2025; NBS, 2026; BAE, 2026.
Sales Tax
Sales tax revenue is the largest source of General Fund revenues in Vacaville’s FY25 budget.
In this analysis, growth-related sales tax revenue is calculated directly based on assumptions of spending by new residents and workers generated by the Specific Plan. Typically, this approach would be based on assumptions of average taxable spending in the City of Vacaville, but the concentration of regionally oriented retail establishments in Vacaville (e.g., Nut Tree Factory Stores; new auto dealers, etc.) means that this method would likely overstate the retail purchasing power of new local households. In order to estimate new sales tax revenues to the City of Vacaville, BAE instead applied the average per capita taxable sales in Solano County overall to the number of new residents generated by the Plan, which better approximates the actual spending patterns of area households. BAE then reduced the result by one-third to account for a portion of resident spending that likely occurs outside the city, recognizing the Vacaville residents will do most of their shopping within the city but are also expected to make some of their taxable expenditures in other jurisdictions like out-of-town workplaces. Existing business-to-business taxable sales serve as the basis for future increases in non-retail sales tax revenues. The current average citywide non-retail sales tax generation per employee is applied to the growth in workers under the Plan to estimate new non-retail sales tax revenue generation.
As shown in Table 5, each new resident generates an estimated $9,706 in taxable sales in Vacaville, which is two-thirds of the $14,560 in taxable retail sales per capita in Solano County according to 2024 annual data from the California Department of Tax and Fee Administration (CDTFA). This totals $21.8 million in growth-related annual taxable resident spending under the Specific Plan. Similarly, each new worker is associated with $23,458 in taxable businessto-business sales, totaling $2.8 million in annual non-retail spending based on the net increase of 118 workers under the Plan. In total, the Specific Plan is projected to generate $24.6 million in annual taxable spending, and $245,598 in annual sales tax revenue by applying the statutory 1.0 percent Bradley-Burns sales tax rate that cities receive. Vacaville The Farm
at Alamo Creek
Property Tax In-Lieu of Vehicle License Fees Specific Plan Net Change in Assessed Value at Buildout $586,241,292
Net Change in ILVLF Revenue $468,993
Assumptions
Total Taxable Assessed Value, Tax Year 2024 $17,391,979,014 FY 25-26 ILVLF Payment $15,057,016
ILVLF Revenue per $1,000 in Assessed Value $0.80
Item 11.b
9 also receives a share of the state’s pooled sales tax revenues, which in 2025 equaled 17.1 percent of the City’s sales tax revenues. This suggests Vacaville would generate an additional $48,735 in pooled revenues, for a total sales tax revenue impact of $294,334 annually at buildout.
Table 5: Growth-Related Sales Tax Revenue
Notes:
(a) Retail sales by new residents assume that approximately one-third of all household expenditures occur within the local community, one-third at regional destination retail centers, and one-third online or outside of the region of residence. Due to the large concentration of regionally oriented destination retail in Vacaville, this analysis assumes that two-thirds of resident retail expenditures will occur in Vacaville, with the remainder representing an economic leakage outside of the region.
Two-thirds of Solano County Per Capita Taxable Sales (2024): $9,706 (b) Assumes that new Vacaville business growth will generate new non-retail sales (e.g., business to business sales) at a rate equal to the current average rate per employee in the City of Vacaville.
Vacaville Per Employee non-retail taxable sales (2024): $23,458 (c) Vacaville receives a pro rata share of sales and use taxes that are "pooled" at the County and State levels. In 2024, pooled sales and use taxes from the County and State as a percentage of the local sales tax were: 19.8% Sources: California Department of Tax and Fee Administration, 2024; BAE, 2025.
The approach to estimating sales tax revenue described above is based on assumptions of future project-generated resident demand for retail. Alternatively, this analysis could utilize an approach that is based on the supply of net new taxable sales generated by the roughly 50,000 square feet of retail in the Specific Plan. In practice, future growth-related sales tax revenue will be a combination of the amount of new sales tax revenue generated by retail demand from new residents and workers, and the sales tax revenue the supply of new retail development will generate (less any amounts diverted from existing sales tax generators elsewhere in the City). This analysis, however, does not combine a demand-side and supplyside approach. To avoid double-counting potential new sales tax revenues, it conservatively assumes that potential new taxable sales in the project’s retail land use component will be subsumed within the larger retail expenditures estimate for new project area residents.
The Farm
at Alamo Creek
Resident Spending Specific Plan
Net Change in Residents 2,245
Per Capita Taxable Sales in Solano County (a) $9,706
Net Change in Annual Taxable Resident Spending $21,791,789 Worker Spending
Net Change in Workers 118
Net Increase in Local Non-Retail Taxable Expenditures $23,458 Net Change in Annual Taxable Worker Spending $2,768,057 Total Net Change in Taxable Spending $24,559,846
Net Change in Local Sales Tax Revenue $245,598
Net Change in Pooled Revenues (c) $48,735
Total Net Change in Sales Tax Revenue $294,334
Item 11.b
10 Measure M
Measure M is a local sales tax add-on that was extended by Vacaville voters in November 20164. This 0.75 cent sales tax is deposited into a fund for use in special projects and some specific staffing hires as needed. Specifically, the fund helps support essential city services such as police programs, fire/paramedic services, street lighting and other city services. As the fund can be used flexibly, the growth-related impact to Measure M is provided separately from sales tax revenue, as it may influence the City’s consideration of Measure M projects that could serve growth in the Project area.
The estimate of growth-related Measure M revenue is based on the 0.75 percent tax rate applied to the same growth-related taxable sales generated by demand from new residents and workers shown in Table 5. The estimated net increase in annual Measure M revenues under the Plan is $184,199 per year. Of this, City staff indicates that approximately 35 percent is available for General Fund services and the remainder is available for other City purposes. This analysis assumes 35 percent of the net change in Measure M revenues ($64,470 per year at buildout) offsets the project’s projected General Fund cost increases. 4 Measure M will sunset in 2038 and would require voter approval to extend. However, this analysis does not exclude Measure M revenues as a portion of Measure M is used to support existing operating costs in the General Fund. Discounting the impact of Measure M would require an analysis of expenditures that would cease as a result of the sales tax measure expiring.
Item 11.b
11 Table 6: Growth-Related Measure M Revenue
Notes:
(a) Retail sales by new residents assume that approximately one-third of all household expenditures occur within the local community, one-third at regional destination retail centers, and one-third online or outside of the region of residence. Due to the large concentration of regionally oriented destination retail in Vacaville, this analysis assumes that two-thirds of resident retail expenditures will occur in Vacaville, with the remainder representing an economic leakage outside of the region.
Two-thirds of Solano County Per Capita Taxable Sales (2024): $9,706 (b) Assumes that new Vacaville business growth will generate new non-retail sales (e.g., business to business sales) at a rate equal to the current average rate per employee in the City of Vacaville.
Vacaville Per Employee non-retail taxable sales (2024): $23,458 Sources: California Department of Tax and Fee Administration, 2024; City of Vacaville, 2025; BAE, 2025.
Transient Occupancy Tax
Transient occupancy tax (TOT) revenue is collected as a percentage of the lodging revenues in local hotels, motels, and inns. An expanded base of residential development can contribute to increased TOT revenues, because the increased number of residents and businesses they support will help attract visitors to the City’s lodging establishments. Using an average revenue multiplier approach, growth-related TOT revenues as of FY 25 are approximately $17.77 per service population annually, as shown in Table 7, and the increase would total $40,937 annually at project buildout.
The Farm
at Alamo Creek
Resident Spending Specific Plan
Net Change in Residents $2,245
Per Capita Taxable Sales in Solano County (a) $9,706
Net Change in Annual Taxable Resident Spending $21,791,789 Worker Spending
Net Change in Workers 118
Net Increase in Local Non-Retail Taxable Expenditures $23,458 Net Change in Annual Taxable Worker Spending $2,768,057 Total Net Change in Taxable Spending $24,559,846
Net Change in Measure M Revenue $184,199
Portion Available for General Fund Services (35%) $64,470 Portion Available for Other City Purposes $119,729
Item 11.b
12 Table 7: Growth-Related TOT Revenue
Sources: City of Vacaville, 2025; BAE, 2025.
Property Transfer Tax
When real property is sold, a property transfer tax is collected at the time of the sale. The revenues are split between the City and the County. This analysis assumes that homeowners sell their units on average every ten years and commercial property owners sell their units on average every twenty years, resulting in annual turnover rates of ten percent of residential units and five percent of commercial square footage. As shown in Table 8, the City’s current share of the property transfer tax is $0.275 per $500 in valuation, or $0.00055 per $1 of assessed value. Net new real property transfer tax revenue from annual turnover is estimated to be $32,097 by project buildout.
Table 8: Growth-Related Property Transfer Tax Revenue
Sources: City of Vacaville, 2025; BAE, 2026.
Intergovernmental Transfers
Intergovernmental revenue includes transfers from State and federal agencies, as well as other local agencies such as schools and other county districts. Based on discussions with The Farm
at Alamo Creek
Transient Occupancy Tax Specific Plan
Net Change in Service Population 2,304
Transient Occupancy Tax Revenue per Service Population $17.77 Net Change in TOT Revenues $40,937
FY 25-26
Assumptions Revenues
Transient Occupancy Tax Revenue $2,087,102
Existing Service Population 117,470
Existing Revenues per Service Population $17.77
The Farm
at Alamo Creek
Real Property Transfer Tax Specific Plan
Net New Assessed Value, For-Sale Units $577,500,000
Transfer Tax Revenue $31,763
Net New Assessed Value, Multifamily Rental Units and Commercial $12,175,808 Transfer Tax Revenue $335
Net New Real Property Transfer Tax Revenue $32,097
Assumptions FY 25-26
Transfer Tax Rate per $1,000 of Assessed Value $0.55
Holding Period for For-Sale Units (Years) 10
Holding Period for Commercial and Multifamily Units, Years 20 Item 11.b
13 City staff, only the Ground Emergency Medical Transport (GEMT) Program and reimbursements for Medi-Cal managed care transports through the Partnership Health Transport are projected to increase with growth, with $1.4 million in revenues with the GEMT program and $1 million for Partnership Health Transport. Therefore, the $2.4 million variable revenue is equal to $21 per service population per year, increasing by $47,898 annually at project buildout. This is summarized in Table 9.
Table 9: Growth-Related Impact on Intergovernmental Transfers Source: City of Vacaville, 2025; BAE, 2025.
Measure I Excise Tax
Voters in the City of Vacaville passed Measure I (also known as the Community Streets and Facilities Tax) in July of 2012 with a 25-year sunset date. The tax is levied on all residential units in the City of Vacaville at a rate of $58.02 per unit, per year. Table 10 calculates the $44,559 in excise tax revenue that the residential units in The Farm at Alamo would generate on an annual basis.
Table 10: Measure I Excise Tax Revenues
Sources: City of Vacaville, 2025; BAE, 2025.
FY 25-26 Variable
Intergovernmental Trasnfers Revenues % Variable Revenues GEMT Program $1,442,000 100% $1,442,000
Partnership Health Transport $1,000,000 100% $1,000,000 State Reimbursement $145,000 0% $0
Homeow ners Subvention $180,000 0% $0
Other State and Federal Grants $0 0% $0
School Reimbursements $0 0% $0
Subtotal Revenues $2,767,000 88% $2,442,000
Net Variable General Fund Revenue $2,442,000
Existing Service Population 117,470
Average Revenue Per Service Population $21
Net Change in Service Population 2,304
Net Change in Other Revenues $47,898
Community Streets and Facilities Tax Rate: $58.02 per residential unit per year Total Residential Units in Project: 768
Total Annual Revenues $44,559
Item 11.b
14 Other Revenues
Other General Fund revenues, including the Franchise Taxes, Business License Taxes, Measure G Excise Tax, RDA Pass-Through monies, Interest and Rent Payments, Cell Tower Lease Payments, and Miscellaneous revenues are shown on Table 11. Conversations with City staff revealed that only Franchise Tax, Business License Tax, and Measure G Excise Tax are expected to increase commensurate with growth. As a result, based on the $12.5 million in variable Other Revenues and an average of $107 annually per service population, growth at project buildout is projected to generate an additional $245,886 annually from the Other Revenue sources.
Table 11: Growth-Related Impacts to Other Revenues
Sources: City of Vacaville, 2025; NBS, 2026; BAE, 2026.
Summary of General Fund Revenues
Table 12 summarizes all projected annual growth-related revenues to the General Fund at project buildout. Property tax revenue is the largest source of revenue generated by new development, accounting for 31.9 percent of total annual $1.82 million growth-related impact on General Fund revenues. Including ILVLF and the Transfer Tax, property-based revenues comprise 59.4 percent of the projected revenues at project buildout. Sales tax accounts for
16.2 percent of revenues, with Measure M accounting for an additional 3.5 percent and the combination of Other revenues generating just under 14 percent of the total.
FY 25-26 Variable
Other Revenues Revenues % Variable Revenues
Franchise Tax $5,705,593 100% $5,705,593
Business License Tax $435,000 100% $435,000
Measure G Excise Tax $6,395,548 100% $6,395,548
RDA Pass-Through/TI Excess $6,152,400 0% $0
Interest and Rents $382,000 0% $0
Cell Tow er Lease $486,875 0% $0
Miscellaneous $153,000 0% $0
One-Time Revenue $0 0% $0
Subtotal Revenues $19,710,416 64% $12,536,141
Net Variable General Fund Revenues $12,536,141
Existing Service Population 117,470
Average Revenue Per Service Population $107
Net Change in Service Population 2,304
Net Change in Other Revenues $245,886
Item 11.b
15 Table 12: Summary of Growth-Related Revenues
__________________________________________________________________________________________________ Source: BAE, 2026.
Projected Growth-Related Expenditures
This section details the approach, assumptions, and findings for General Fund expenditures.
Police Department and Parks Maintenance costs are calculated directly in this analysis using a case study approach, based on assumptions related to attributes of the new development and specific ongoing service cost impacts identified by City staff. All other General Fund expenditures, from General Government (City Council, City Manager, etc.) to Public Works are analyzed using an average cost approach, net of program revenues. The Other Expenditures subsection provides detailed descriptions and assumptions regarding the share of total budgeted net General Fund expenditures that would vary with growth for each City department.
Police Department
BAE utilized a marginal, case study approach to estimate growth-related Police Department expenditures5 associated with buildout of the project. Based on discussion with City staff, this fiscal impact analysis has incorporated costs reflecting a police service standard goal used in recent fiscal analyses of 1.2 new sworn personnel for every 1,000 residents to accommodate new law enforcement service demand. The Farm at Alamo Creek Specific Plan would generate the need for 2.69 new officers. Each new officer is assumed to be hired at a Step 3 salary with total compensation of $217,836 per officer, including benefits, for a total annual cost of $586,871. According to City staff, each new officer is also associated with $20,000 in upfront costs for equipment, which is replaced every five years. For every new officer, the police department also adds one new patrol vehicle valued at $90,000 that is to be replaced every seven years. These costs, based on their replacement cycles and the number of new sworn officers, equal $73,190, as shown in Table 13. Although staff cannot be hired at increments 5 In previous Fiscal Impact studies conducted by BAE for the city of Vacaville, the analysis only accounted for the growth-related impact to sworn officers and associated costs, and did not include the costs to hire supervisors or non-sworn personnel.
Growth-related % of Total
Sources of Revenue Impact Impact
Property Tax $579,312 31.9%
ILVLF $468,993 25.8%
Sales Tax $294,334 16.2%
Measure M $64,470 3.5%
TOT $40,937 2.3%
Property Transfer Tax $32,097 1.8%
Intergovernmental Transfers $47,898 2.6%
Measure I Excise Tax $44,559 2.5%
Other Revenues $245,886 13.5%
Total $1,818,486 100%
Item 11.b
16 of less than one, this analysis accounts for the cost of fractional staff in order to show the full cost associated with the development.
The Police Department also hires non-sworn personnel at a rate of 0.60 per 1,000 residents.
Non-sworn personnel have starting salaries, including benefits, of $156,546. The Farm at Alamo Creek Specific Plan generates the need for 1.35 new non-sworn personnel for a total annual cost of $210,875. Finally, the Police Department also hires supervisors at the Lieutenant and Sergeant level to manage increased staffing levels. Lieutenants are hired at a rate of 1 per 17,000 residents, while Sergeants are hired at a rate of 1 per 7,285 residents.
Therefore, growth would require 0.13 new Lieutenants and 0.31 new Sergeants, generating annual salary and benefit costs of $42,335 and $88,333, respectively, as shown in Table 13.
Annual police expenditures associated with the Specific Plan will also include 3 new licenseplate reading cameras, which have an annual subscription cost of $3,000 each. Therefore, the Specific Plan will generate $9,000 in annual costs associated with the camera program.
In addition to new costs, growth also generates revenues dedicated for the Police Department that offset some of the costs. For example, the Police Department budget receives offsetting revenue from Prop. 172 (Public Safety Sales Tax), which is a 0.5-percent sales tax collected by the State Board of Equalization (BOE) and distributed to each County, which then distributes the revenues to its constituent jurisdictions. Using the projected taxable sales generated by growth as shown in Table 5 in the Sales Tax subsection, a 0.5 percent sales tax would generate an additional $122,799 for Solano County. According to the City’s FY 25 budget, Vacaville is expected to receive $540,000 of the County’s FY 23 budgeted $2.5 million in Prop 172 revenue that is allocated to the cities, or 21.5 percent. Therefore, the Vacaville Police Department should receive approximately 21.5 percent of the $122,799, or $26,399 annually, based on growth under the Specific Plan. In addition, the Police Department charges fees for service that are collected directly by the Police Department and are used to offset costs. The FY 25 budgeted level for Police Fees and Service Charges revenue is $650,600, which averages to $5.54 per existing service population. Applying this to the growth in service population under the Plan totals $12,761 in annual offsetting revenue. Annual growth-related offsetting revenues would total $39,160 annually at buildout of the Specific Plan.
The net fiscal impact of growth to the Police Department is the difference between the costs to hire three new officers (and pay for related equipment and vehicles) and the offsetting revenues growth would also generate. As summarized in Table 13, growth will generate a net increase in annual Police expenditures of approximately $951,000 at Plan buildout.
Item 11.b
17 Table 13: Growth-Related Police Expenditures
Notes:
(a) The Vacaville Police Department estimates staffing needs based on the following standards:
Sworn Officers: 1.2 per 1,000 residents
Non-Sworn Personnel: 0.60 per 1000 residents
Lieutenant: 1 per 17,000 residents
Sergeant: 1 per 7,285 residents
(b) The salary for sworn and non-sworn personnel reflects Step 3 salaries with premium pay. Supervisors start at Step 1 with premium pay. Data and assumptions were provided by the City of Vacaville. (c) Costs associated with equipment and supplies are broken down on an annualized basis using the following assumptions regarding the functional operating life of each piece of equipment:
5 years for officer equipment
7 years for patrol vehicles
(d) The city installs license-plate reading cameras in new development. City staff estimate the Specific Plan will require 3 cameras, which are associated with a $3,000 annual subscription cost. There are no one-time, up-front charges to purchase and install the cameras.
(e) The Prop. 172 Public Safety Sales Tax is a 0.5-percent sales tax collected by the State BOE. Five percent of the County proceeds are distributed to the incorporated cities within the county. Vacaville's share of the revenues is based on an allocation factor of 0.21498.
(f) CFD levy revenue needed to calculate any overall projected net General Fund deficit is calculated on Table 19. (g) The FY25 Police Alarm Fees and Other Functional Revenue is budgeted to be: $650,600. Therefore, the average Police Fee and Service Charges revenue per existing service population is: $5.54. The average Police Fee and Service Charges revenue per service population is multiplied by the increase in service population to determine the growth-related annual revenues.
Net change in service population: 2,304
Sources: City of Vacaville, Finance Department, 2025; BAE, 2025.
Public Works - Parks and Maintenance Division
The Specific Plan development will generate annual costs for its impact on parks, open space, landscaping, and water basin maintenance costs. Costs include maintenance of the common open space areas, a detention basin, neighborhood parks, lighting, and other areas. The Farm at Alamo Creek Specific Plan Area would join the Brighton Landing Setback Landscaping Salary and Annual
Growth-Related Staffing Requirements (a) Staffing Benefits Expenditures Sw orn Personnel 2.69 $217,836 ($586,871)
Non-Sw orn Personnel 1.35 $156,546 ($210,875)
Supervisors
Lieutenant 0.13 $320,565 ($42,335)
Sergeant 0.31 $286,825 ($88,333)
Subtotal, Personnel ($928,414)
One-Time Annual
Administration and Equipment (a) Unit Costs Expenditures Officer Outfitting (New Sw orn Personnel Only) $62,683 ($12,537) Patrol Vehicle (1 per Officer) (c) $282,072 ($40,296)
Camera Program (d) $0 ($9,000)
Subtotal, Administration and Equipment ($61,832)
Annual
Offsetting Program Revenues Revenues
Proposition 172 - Public Safety Sales Tax (e) $26,399
Special Revenue - CFDs (f) $0
Police Fees and Service Charges (g) $12,761
Subtotal, Offsetting Revenues $39,160
Net Change in Expenditures ($951,086)
Item 11.b
18 Assessment District and Brighton Landing Lighting Assessment District. The project would pay the annual assessments established for those districts. In addition, to pay for maintenance associated with resident demand for parkland, the project would either annex to the existing Brighton Landing Neighborhood Park Assessment District or form and participate in a new assessment district to pay for park maintenance. At this time, the applicant and City have not established a design for the park features to be maintained; thus, an annual maintenance cost estimate cannot be made; however, the intent is for the assessment district to cover the Project’s fair-share obligation towards park maintenance. In addition, landscaped areas in the Public Open Space and Agricultural Buffer land use categories will include features to be maintained by a separate landscaping/maintenance district that will be formed within the project area, with annual levies calibrated to cover the maintenance costs.
According to information furnished by the City of Vacaville Finance Department, the General Fund currently subsidizes approximately 22.2 percent of the existing annual costs for the three Brighton Landing assessment districts. Table 14 estimates the General Fund subsidy amount that could be expected if The Farm at Alamo Creek annexes to the Brighton Landing Setback Landscaping and Lighting Assessment Districts. Joining the two assessment districts will result in a combined annual levy of $71.50 per unit, amounting to annual revenues of $70,581 at buildout. Assuming that the General Fund will continue to subsidize 22.2 percent of total lighting and landscaping district costs associated with new features maintained to satisfy service needs from within The Farm at Alamo Creek, and assuming that the annual levies (per the existing assessment schedule for the Brighton Landing assessment districts) represent approximately 78.8 percent of the total district maintenance costs, Table 14 calculates that the Specific Plan would add Brighton Landing Setback Landscaping and Lighting assessment district maintenance costs of $70,581 annually, with a General Fund contribution of $15,669.
In addition to maintenance of neighborhood oriented onsite parks and open space, the City of Vacaville provides a range of community and regional park amenities that are considered to be amenities for residents citywide. Table 16, in a section that follows, provides a calculation of potential General Fund expenditures for community/regional parks maintenance based on the City’s current average per capita General Fund expenditures.
Item 11.b
19 Table 14: Onsite Parks and Landscaping Maintenance Costs Notes:
(a) The Farm at Alamo Creek will pay for its fair-share of neighborhood park maintenance costs by joining an existing assessment district or forming a new district. The private recreational amenities will be maintained by the Project HOA. (b) Per City of Vacaville, these features would be maintained by separate landscaping/maintenance districts to be formed. (c) Total maintenance cost assumes L&L District levies cover 78.2 percent of total maintenance costs and the General Fund provides a 22.2% subsidy, consistent with existing expenditures. (d) Difference between estimated annual maintenance costs and annual L&L Districts levy amount.
Sources: City of Vacaville, 2024; BAE, 2025.
Public Works – Engineering Services Division
BAE estimated the costs to maintain the public streets included in the Specific Plan. Based on the total square footage of public streets (1,303,151 square feet) provided by the applicant team, a slurry sealing cycle of once every seven years, and the cost to slurry seal of $0.50 per square foot provided by the City of Vacaville, the annual average cost to maintain the public streets is $93,082, as shown in Table 15.
Table 15: Streets Maintenance Costs
Sources: City of Vacaville, 2025; BAE, 2025.
Other Expenditures
Other General Fund expenditures impacted by growth were projected using an average cost method. Based on direct input from City staff, BAE determined the share of costs for other departments that would vary with growth, divided these costs by the existing service population, and multiplied the average cost by the growth in service population. Similarly, some departments have offsetting revenues dedicated for use by that department. BAE also Parks and Open Space Maintenance Costs Acres Annual Cost Public and Private Parks (a) 26.6 $0
Public Open Space (b) 9.1 $0
Agricultural Buffer (b) 4.3 $0
Total 40 $0
L&L District Levies Per Unit Annual Revenues
Brighton Landing SBL $51.00 $39,168
Brighton Landing LT $20.50 $15,744
Totals $71.50 $54,912
Est. L&L District Annual Maintenance Costs (b) $70,581
General Fund Contribution to L&L Maintenance District Operations (c) ($15,669) Total General Fund Expenditures ($15,669)
The Farm at Alamo Creek SP Public Streets City Estimate Total Square Footage 1,303,151
Cost per SF $0.50
Interval of Slurry Seal Treatment (years) 7
Total Annual Cost ($93,082)
Item 11.b
20 evaluated the impact to these revenues, applying the average variable revenue per existing service population to the growth in service population. Table 16 summarizes annual variable costs, offsetting revenues, and net fiscal impact for each department at Specific Plan buildout.
Some departments do not face any growth-related impacts (i.e., none of their expenditures are expected to vary with growth). The cost category ‘Non-departmental Expenditures,’ which funds operating costs not associated with any specific department, will also not be impacted by growth6. In addition, the Successor Agency, which is the department winding down the activities of the former Redevelopment Agency will not take on any new projects as a result of growth.
For some departments, all variable expenditures will be impacted by growth, but also have offsetting revenues that will vary with growth, resulting in a fiscally neutral or nearly neutral impact. These departments are: Public Works - Transit, Public Works –Engineering Services, and the Water and Sewer Utilities. The Water and Sewer Utilities also operate as enterprises, recouping most of the cost to serve new development through user and system charges, supplemented by Measure G. Like the growth-related expenditures, these offsetting revenues, including Measure G, will vary commensurate with growth, resulting in no net impact.
Finally, all remaining departments shown in Table 16 with variable costs have no offsets or only partially offsetting revenue. Growth under the Specific Plan will result in net annual cost increases for these departments. For example, Public Works-Engineering Services is mostly offset by variable revenues but does include a $50,000 transfer from the General Fund, which averages to $0.43 per service population annually.
Similarly, although 100 percent of Fire Department and Parks and Recreation costs are variable with growth, these departments collect functional revenue in the form of fees, charges, and fines that help offset some of the growth-related costs. In addition, Parks and Recreation costs and revenues only increase with respect to residential demand, as workers are neither assumed to generate demand for Parks and Recreation services nor contribute to any of the department’s functional revenue. As a result, the net variable expenditures for this department are divided by the existing residential population, as opposed to the service population, to obtain an average cost per resident, which is then multiplied by the growth in residents only, to yield a growth-related cost impact.
Overall, 90 percent of General Fund expenditures will vary with growth. However, after accounting for offsetting revenues, net variable expenditures account for just over 26 percent 6 Some activities funded by this section of the FY25 General Fund include property tax administration charges imposed by the County; museum maintenance support; membership dues for the League of California Cities and ABAG; animal shelter and animal control costs; utilities cost not associated with a particular department; employee training programs; and the employee assistance program.
Item 11.b
21 of Other General Fund expenditures. On average, Other General Fund Expenditures (excluding Parks and Recreation) average $442 per service population per year, plus $93 per resident per year for Parks and Recreation and for Public Works Park Maintenance7, totaling to an approximately $1.23 million annual increase at buildout of the Specific Plan. 7 This represents General Fund costs for maintenance of citywide community/regional parks, based on the City’s current average per capita expenditures.
Item 11.b
22 Table 16: Growth-Related Impact to Other General Fund Expenditures Notes:
(a) Non-Departmental expenditures that are considered variable with growth include: County property tax administration fees and animal control and sheltering services. (b) The growth-related impact for Parks and Recreation is driven by residents, not workers. Workers in Vacaville do not comprise the demand base for parks and recreation and therefore do not pay any of the offsetting revenues to patronize the services offered by the department. As a result, the net variable expenditures for this department are divided by the existing residential population, as opposed to the service population, to obtain an average cost per resident, which is then multiplied by the growth in residents only (2,245) to yield a growth-related impact.
(c) Parks maintenance costs for community/regional parks facilities provided citywide on an average cost per resident basis. Costs for neighborhood parks maintenance on Table 14.
Sources: City of Vacaville, 2026; BAE, 2026.
Other General 2025-2026 % Variable Total Variable Variable Offsetting Net Variable Growth-Related Fund Expenditures Expenditures Expenditures Expenditures Revenues Expenditures Impact Council & Treasurer ($128,755) 30% ($38,627) $0 ($38,627) ($758) City Attorney ($2,793,011) 50% ($1,396,506) $0 ($1,396,506) ($27,391) City Manager ($3,587,154) 50% ($1,793,577) $114,391 ($1,679,186) ($32,936) Information Technology ($3,497,528) 50% ($1,748,764) $0 ($1,748,764) ($34,301) Community Development ($8,433,292) 50% ($4,216,646) $4,091,646 ($125,000) ($2,452) Economic Development ($1,078,113) 50% ($539,057) $0 ($539,057) ($10,573) Human Resources ($3,858,986) 50% ($1,929,493) $22,450 ($1,907,043) ($37,405) Finance ($5,817,527) 50% ($2,908,764) $137,500 ($2,771,264) ($54,356) Non-Departmental (a) ($4,760,870) 60% ($2,856,522) $0 ($2,856,522) ($56,028) Housing Services ($38,177,779) 100% ($38,177,779) $38,018,118 ($159,661) ($3,132) Successor Agency ($6,533,563) 0% $0 $0 $0 $0
Parks & Recreation (b) ($11,330,706) 100% ($11,330,706) $5,331,882 ($5,998,824) ($130,526) Fire ($45,099,727) 100% ($45,099,727) $18,672,735 ($26,426,992) ($518,345) Public Works - General ($13,277,582) 100% ($13,277,582) $1,009,676 ($12,267,906) ($240,625) Public Works - Parks Maintenance (c) ($4,125,868) 100% ($4,125,868) $534,358 ($3,591,510) ($78,146) Public Works - Transit ($4,917,393) 100% ($4,917,393) $4,917,393 $0 $0 Public Works - Eng Srvcs ($5,502,168) 100% ($5,502,168) $5,452,168 ($50,000) ($981) Public Works - Dev. Eng ($2,059,233) 100% ($2,059,233) $2,059,233 $0 $0 Water Utility ($28,970,113) 100% ($28,970,113) $28,970,113 $0 $0 Sew er Utility ($39,584,213) 100% ($39,584,213) $39,584,213 $0 $0 Total ($233,533,581) 90% ($210,472,736) $148,915,876 ($61,556,860) ($1,227,955) Existing Service Population 117,470
Average Expenditures Per Service Population (not. incl. Parks and Rec. or P.W. - Park Maintenance) ($442) Existing Residential Population 103,181
Average Expenditures Per Resident (Parks and Rec. and P.W. - Park Maintenance only) ($93) Net Change in Service Population 2,304
Net Change in Residents 2,245
Net Change in Expenditures ($1,227,955)
Item 11.b
23 Summary of Expenditures
The total growth-related impact on expenditures from the proposed The Farm at Alamo Creek Specific Plan is approximately $2.3 million per year at buildout, as shown in Table 17. Just over 62 percent of the growth-related impact is generated by the increased demand for public safety services (Police and Fire). The case study approach estimates that Police costs will account for 41.6 percent of the total growth-related costs, while the Fire Department will account for 22.7 percent of the annual expenditure impact at buildout. Public Works (General) and Parks and Recreation also generate relatively significant shares of the overall $2.3 million in annual growth-related expenditures at buildout.
Table 17: Summary of Growth-Related Expenditures
Source: BAE, 2026.
Net Fiscal Impact
With growth-related revenues of $1.82 million and growth-related expenditures of approximately $2.3 million, the projected net fiscal impact of development proposed under The Farm at Alamo Creek Specific Plan is negative approximately $469,000 annually at buildout, as summarized on Table 18. This is not unexpected for development such as The Farm at Alamo Creek that is mostly residential and includes a significant amount of public Growth-Related Growth-related % of
Expenditures Impact Total Impact
Police ($951,086) 41.6%
Onsite Parks and Open Space Maintenance ($15,669) 0.7%
Streets Maintenance ($93,082) 4.1%
Other Gen. Fund Expenditures ($1,227,955) 53.7%
Council & Treasurer ($758) 0.0%
City Attorney ($27,391) 1.2%
City Manager ($32,936) 1.4%
Information Technology ($34,301) 1.5%
Community Development ($2,452) 0.1%
Economic Development ($10,573) 0.5%
Human Resources ($37,405) 1.6%
Finance ($54,356) 2.4%
Non-Departmental (a) ($56,028) 2.4%
Housing Services ($3,132) 0.1%
Successor Agency $0 0.0%
Parks & Recreation (b) ($130,526) 5.7%
Fire ($518,345) 22.7%
Public Works - General ($240,625) 10.5%
Public Works - Parks Maintenance (c) ($78,146) 3.4%
Public Works - Transit $0 0.0%
Public Works - Eng Srvcs ($981) 0.0%
Public Works - Dev. Eng $0 0.0%
Water Utility $0 0.0%
Sew er Utility $0 0.0%
Total ($2,287,793) 100.0%
Item 11.b
24 amenities, such as the project’s planned parks and open space features, particularly given the relatively low share of property taxes that the City of Vacaville receives for development in the project area, combined with the utilization of the more conservative property valuation assumptions recommended by NBS in their April 2024 memo.
Table 18: Annual Net Fiscal Impact at Buildout
Source: BAE, 2026.
Growth-Related The Farm at Alamo
Impact Creek Specific Plan
Revenues $1,818,486
Property Tax $579,312
ILVLF $468,993
Sales Tax $294,334
Measure M $64,470
TOT $40,937
Property Transfer Tax $32,097
Intergovernmental Transfers $47,898
Measure I Excise Tax $44,559
Other Revenues $245,886
Expenditures ($2,287,793)
Parks and Open Space Maintenance ($15,669)
Streets Maintenance ($93,082)
Police ($951,086)
Fire ($518,345)
Other Gen. Fund Expenditures ($709,611)
Net Fiscal Impact ($469,307)
Item 11.b
RECORDING FEES
EXEMPT PURSUANT TO
GOVERNMENT CODE §27383
RECORDING REQUESTED BY:
City of Vacaville
WHEN RECORDED MAIL TO:
Michelle Thornbrugh
City Clerk
City of Vacaville
650 Merchant Street, Vacaville, CA 95688
Affects APNs: 0138-010-030, -050
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF VACA VILLE
AND VACA VILLE S2 INVESTORS, LLC
Recorded In Olllclal Records, Solano Countv
Doc#: 201900002265
1/14/2019 3:30:00 PM
REGARDING THE DEVELOPMENT OF REAL PROPERTY COMMONLY
REFERRED TO AS THE FARM AT ALAMO CREEK
December 11, 2018
074665\9038443vl7 I
Item 11.b
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF VACA VILLE
AND VACA VILLE S2 INVESTORS, LLC
REGARDING THE DEVELOPMENT OF REAL PROPERTY COMMONLY
REFERRED TO AS THE FARM AT ALAMO CREEK
TIDS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is entered into this 11 day of December, 2018, by and between VACA VILLE S2 INVESTORS, LLC, a California limited liability company ("Developer") and the CITY OF VACA VILLE, a municipal corporation ("City"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code, and Division 14.17 of the Vacaville Municipal Code. City and Developer are also referred to hereinafter individually as "party" or collectively as the "parties."
RECITALS
This Agreement is made with reference to the following facts:
A. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California enacted Section 65864 et seq. Of the California Government Code (the "Development Agreement Legislation"). The Development Agreement Legislation authorizes City to enter into a development agreement for the development of property with any person having a legal or equitable interest in real property. City has authorized the undertaking of development agreements within the City of Vacaville and has established procedures for entering into development agreements through the adoption of Division 14.17 of the Vacaville Municipal Code.
B. Developer has a legal and/or equitable interest in certain real property consisting of approximately 199.50 acres commonly referred to as the Farm at Alamo Creek located east of Leisure Town Road and North of Elmira Road in Solano County, California legally described in Exhibit A attached hereto and incorporated herein by reference and generally shown on Exhibit B ("Project Site").
C. Developer intends to request annexation of the Project Site into the City limits and to develop the Project Site as a master planned community, consisting of approximately 584 singlefamily dwelling units, 184 multi-family dwelling units, a trail system, pocket parks, community park, club house, and an agricultural and open space buffer along the eastern edge of the Project Site and other uses all as more specifically described in the Project Approvals (as hereinafter defined) and in the Subsequent Approvals ( as hereinafter defined) as and when they are adopted, approved or issued, and certain off-site improvements to be constructed in connection therewith ("Project"). The Project will consist of twelve (12) "Neighborhoods" that may be developed in phases. A figure identifying the Neighborhoods is attached hereto as Exhibit Bl. The area identified as "Area 13" on the Tentative Map would be developed as part of the development of property immediately to the north of the Project Site.
D. The parties now desire to set forth their understandings and agreement concerning the vesting of certain rights including the Vacaville General Plan ("General Plan") and the Farm at 074665\ 9038443vl ?Fann at Alamo Creek
Development Agreement
2 Item 11.b
Alamo Creek specific plan for the Project. In executing this Agreement, Developer recognizes that the use and development of the Project Site are subject to the grant of certain Subsequent Approvals, which are hereinafter defined and identified. Developer recognizes that the Subsequent Approval~ are subject to review by the City's planning staff, public hearings and discretionary approvals by the appropriate decision-making body(ies) in accordance with the terms and conditions of this Agreement, and are further subject to the requirements of the California Enviromnental Quality Act, Public Resources Code §§21000, et. seq., the CEQA Guidelines, 15 California Code of Regulations§§ 15000 et. seq., and City's local regulations, policies and guidelines ( collectively referred to as "CEQA") to the degree that the enviromnental impacts of the Subsequent Approvals have not already been reviewed in accordance with CEQA such as the enviromnental impact report developed for this Agreement and the Project Approvals. City has also adopted a mitigation monitoring and repmting program ("MMRP") to ensure that those mitigation measures incorporated as part of, or imposed on, the Project are enforced and completed. Those mitigation measures for which Developer is responsible are incorporated into, and required by, the Project Approvals. City has also adopted findings of fact and statements of overriding considerations for those adverse environmental impacts of the Project that may not or cannot be mitigated to an acceptable level.
E. City acknowledges that Developer's agreement to make the commitments herein furthers the City's efforts for development of the Project Site, and that such commitments constitute a material factor in City's willingness to approve this Agreement. City also acknowledges that it is willing to provide Developer with the undertaking contained in this Agreement because City has determined that development of the Project Site will provide public benefits that could not be · obtained without vested approval oflarge-scale development including, without limitation, needed community open space and recreation opportunities, increased tax revenues, coordinated planning of development, installation of both on and off-site public infrastructure, creation of additional needed local employment opportunities, and the creation of additional housing opportunities ( collectively referred to as the "Public Benefits").
F. In exchange for the special benefits to City described in this Agreement, together with other public benefits that will result from the development of the Project Site, the parties now desire to set forth their understandings and agreement concerning the vesting of Developer's right to develop the Project Site in accordance with the Project Approvals (as hereinafter defined). Developer will receive by this Agreement certain assurances concerning the conditions under which Developer may proceed with the Project and, therefore; desires to enter into this Agreement. '
G. City has given the required notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to Government Code Section 65867. As required by Government Code Section 65867.5, City has found that the provisions of this Agreement and its purposes are consistent with the goals, policies, standards and land use designations specified in City's General Plan.
H. On October 2, 2018, City's Planning Commission ("Planning Commission"), the initial hearing body for purposes of development agreement review, recommended approval of this Agreement. On December 11, 2018, City's City Council ("City Council") adopted its Ordinance No. 1931 approving this Agreement and authorizing its execution. 07466519038443vl ?Fann at Alamo Creek
Development Agreement
3 Item 11.b
I. Developer has secured various environmental and land use approvals, entitlements, and permits relating to the development of the Project (the "Project Approvals"). These Project Approvals include, without limitation, the following:
(1) EIR. The Environmental Impact Report (State Clearinghouse No. 2017062068), which was prepared pursuant to CEQA, was recommended for certification by the Planning Commission on October 2, 2018, and certified with findings by the City Council on November 13,2018, by Resolution No. 2018-131 (certifyingEIRand adopting findings) (the "EIR").
(2) General Plan Amendment. On Novemb1cr 13, 2018, following Planning Commission review and recommendation, and after a duly-noticed public hearing, the City Council, by Resolution No. 2018-132, approved a general plan amendment that changes the designation of a portion of the Project Site from Urban Reserve to Residential Low Density, Agricultural Buffer, Public Open Space, and Public/Institutional (the "GP A").
The Specific Plan serves as a master planned development permit for the Project; the Specific Plan addresses all information requirements of Vacaville Municipal Code Chapter 14.09.111 except for the architectural review of the individual Neighborhoods. (3) Specific Plan. On November 13, 2018, following Planning Commission review and recommendation, and after a duly-noticed public hearing, the City Council, by Resolution No. 2018-132, approved the Farm at Alamo Creek Specific Plan (the "Specific Plan"). The Specific Plan serves as a master planned development approval for the Project; the Specific Plan addresses all information requirements of Vacaville Municipal Code Chapter 14.09 .111 except for the architectural review of the individual Neighborhoods.
( 4) Zone Change. On November 13, 2018, consistent with Vacaville Municipal Code Section 14.09.071.140 and Government Code Section 65859, follmying Planning Commission review and recommendation, and after a duly-noticed public hearing, the City Council, by Ordinance No. 1932, approved the pre-zoning of the Project Site (the "Zone Change").
(5) Tentative Map. In accordance with Government Code Section 66454, on November 13, 2018, following Planning Commission review and recommendation, and after a duly-noticed public hearing, the City Council, by Resolution No. 2018-133, approved Tentative Map No. 17-087 for the Project Site (the "Tentative Map").
J. Immediately prior to the approval of this Agreement, the City Council took the following actions:
(1) Determined that the EIR adequately addressed this Agreement and made the findings required by CEQA; and
(2) After a duly-noticed public hearing, made appropriate findings required by Division 14.17 of the Vacaville Municipal Code, that the provisions of this Agreement are consistent with the General Plan.
074665\ 9038443vl 7Farm at Alamo Creek
Development Agreement
4 Item 11.b
K. Applications for land use approvals, entitlements, and permits oilier than the Project Approvals iliat are necessary to or desirable for ilie development ofilie Project and iliat are consistent with ilie Project ( collectively, "Subsequent Approvals") have been or will be made by Developer. The Subsequent Approvals may include, wiiliout limitation, ilie following:
amendments ofilie Project Approvals, design review approvals (including site plan, planned development architectural and landscaping plan approvals), deferred improvement agreements and oilier agreements relating to the Project, annexation ofilie Project Site to ilie City, detachments of the project site from special districts, conditional use permits, grading permits, building permits, lot line adjustments, sewer and water connections, certificates of occupancy, subdivision maps (including tentative, vesting tentative, parcel, vesting parcel, and final subdivision maps), preliminary and fmal development plans, re-zonings, encroachment permits, re-subdivisions, and any amendments to, or repealing of, any of ilie foregoing. At such time as any Subsequent Approval applicable to the Project Site is approved by ilie City, then such Subsequent Approval shall become subject to all the terms and conditions of this Agreement applicable to Project Approvals and shall be treated as a "Project Approval" under this Agreement.
L. Developer and City agree that phased final maps may be recorded in substantial conformance with ilie Tentative Map. These fmal maps will likely include at least one large lot final map iliat does not create individual residential lots (the "Large Lot Final Map"). The phased fmal maps will also include multiple small lot fmal maps that create the individual residential lots that will make up the Project's Neighborhoods (each a "Neighborhood Final Map"). Developer and City agree that ilie Neighborhoods may be acquired and owned in the future by different entities ( each a ''Neighborhood Developer") and that certain park and open space obligations under this Agreement will be specific to certain Neighborhood Final Maps and ilieir related Neighborhood Developers. When the term "Neighborhood Developer" is used in this Agreement, any reference to an obligation of a Neighborhood Developer shall only be related to ilie portion of the Project Site associated wiili iliat Neighborhood Developer's Neighborhood Final Map.
M. For ilie reasons recited herein, City and Developer have determined iliat the Project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding Project Approvals (including ilie Subsequent Approvals), iliereby encouraging plarming for, investment in and commitment to use and development ofilie Project Site. Continued use and development of the Project Site will in turn provide substantial housing, employment, and property and sales tax benefits as well as other public benefits to City, and contribute to ilie provision of needed infrastructure for area growth, iliereby achieving the goals and purposes for which the Development Agreement Legislation was enacted.
N. The terms and conditions of this Agreement have undergone extensive review by City's staff, and by its Planning Commission and City Council at publicly-noticed meetings and have been found to be fair, just and reasonable and in conformance wiili the City General Plan, the Development Agreement Legislation, and Division 14.17 of ilie Vacaville Municipal Code and, further, ilie City Council finds that ilie economic interests of City's residents and the public healili, safety and welfare will be best served by entering into this Agreement. 074665\ 9038443v! ?Fann at Alamo Creek
Development Agreement
5 Item 11.b
NOW, THEREFORE, in consideration of the premises, covenants and provisions set forth herein, the parties agree as follows:
AGREEMENT
SECTION 1. EFFECTIVE DATE AND TERM
1.A. Effective Date
This Agreement shall become effective on the later of (1) the thirty-first (31st) day following the adoption by the City Council of the ordinance approving this Agreement; or (2) upon receipt of the certified results of a referendum election (the "Effective Date"). Notwithstanding the foregoing, this Agreement shall not become operative as to any portion of the Project Site until such portion of the Project Site is annexed to City. Upon annexation of such portion, this Agreement will automatically become "operative" ( as contemplated by California Government Code Section 65865) with respect to, and will bind the use of, such portion of the Project Site.
Upon aunexation of any portion of the Project Site, the terms and provisions of this Agreement will relate back to the Effective Date with respect to such po1tion.
1.B. Term
This Agreement shall commence upon the Effective Date and shall remain in effect for a term of ten (10) years after the Effective Date ("Term"), unless said Term is terminated, modified, or extended as expressly set forth in this Agreement, or by the mutual written agreement of the parties. Notwithstanding the foregoing, the Tenn shall be extended for the period of time commencing with the Effective Date and ending with the date the certificate of completion for the annexation of the Project Site is recorded by the Solano County Recorder. The Term of this Agreement and any subdivision map or any of the other Project Approvals shall not include any period of time (up to a maximum of five (5) years) during which: (i) a development moratorium including, but not limited to, a water or sewer moratorium, is in effect; (ii) the actions of public agencies that regulate land use, development or the provision of services to the project site prevent, prohibit or delay either the construction, funding or development of the Project so long as Developer makes commercially reasonable efforts during such prohibition or delay to implement the Project; or (iii) there is any mediation, arbitration; litigation or other administrative or judicial proceeding pending involving the Vested Elements, or Project Approvals; if any of these events occur, the Term of this Agreement shall be extended by the length of time of such event up to a maximum of five (5) years. Developer shall notify the City within sixty ( 60) days after the date Developer has actual lmowledge of the start of such (i) moratorium, (ii) delay or (iii) judicial proceeding.
1.C. Termination of Agreement
Except as otherwise provided in this Agreement, this Agreement shall be deemed terminated and ofno further effect upon the expiration of the Term of this Agreement as set forth in Section l.B (1) Survival of Obligations. Upon the termination or expiration of this Agreement as provided herein, neither party shall have any further right or obligation with respect to the Project Site under this Agreement except with respect to any obligation that is 074665\ 9038443vl 7Fann at Alamo Creek
Development Agreement
6 Item 11.b
specifically set forth in this Subsection as surviving tbe termination or expiration of this Agreement. The termination or expiration of this Agreement shall not affect the validity of tbe Project Approvals ( other than this Agreement) for the Project, except that tbe Developer shall continue to comply with tbe following obligations of this Agreement until implementation oftbe Project Approvals is complete: 5.E. No Mineral Exploitation, Water Rights, etc., 5.F. Processing Charges, Development Impact Fees Applicable to Project Site, 5.J. Community Park Development, 5.K. Community Benefit Contribution,
5.L. Water Annexation Fee, 5.M. Agricultural Land Mitigation, 8.G. No Damages, 14.F.
Hold Harmless; Indemnification Of City, and 14.G. Cooperation in tbe Event Of Legal Challenge.
(2) Termination by City. Notwithstanding any other provision of this Agreement, City shall not have the right to terminate this Agreement as it applies to all or any portion of tbe Project Site before the expiration of the Term hereof unless:
a. City complies with all termination procedures set forth in the Development Agreement Legislation,
b. There is an alleged default by Developer and such default is not cured pursuant to Section 7 of this Agreement,
c. Developer has :first been afforded an opportunity to be heard regarding the alleged default before the City Council, and
d. This Agreement is terminated only with respect to that portion of the Project Site to which the default applies.
SECTION 2. OBLIGATIONS OF CITY
2.A. City Enactments Affecting the Rate, Timing or Sequencing of Development Neither City nor any agency of City shall enact any ordinance, resolution, rule, procedure or other measure that relates to the rate, timing or sequencing of development of the Project Site.
Except as specifically provided herein to the contrary and in accordance with the purpose of the Development Agreement Legislation, the development agreement provisions set forth in Division 14.17 of the Vacaville Municipal Code, and in consideration of the benefits derived by City as recited herein, no future modification of City's codes or ordinances, or adoption of any code, ordinance, regulation or other action that purports to limit the rate of development over time or alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall apply to the Project Site.
However, this Subsection shall not limit City's right to ensure that Developer timely constructs and provides all necessary infrastructure to serve the proposed development as a condition of issuance of any City permit, approval or other land use entitlement sought by Developer for the Project Site. Subject to the provisions of Section 2.I. 1 of this Agreement, Developer shall install public infrastructure consistent with the Farm at Alamo Creek Specific Plan phasing plan, as approved with the Project Approvals and that is attached to the conditions of approval of the Tentative Map. City's J;)irector of Public Works is authorized to approve revisions to the infrastructure phasing plan as future circumstances warrant, including the actual phasing of the 074665\ 903844Jvl ?Fann at Alamo Creek
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Project infrastructure deviating from the phasing contemplated at the time of City's approval of this Agreement.
In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the desire of the parties hereto to avoid that result by acknowledging that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment.
Developer shall provide City with periodic updates of development projections to ensure that City will have information necessary to comply with its obligations set forth in this Agreement.
However, this Subsection shall not limit City's right to impose requirements concerning the timing or commencement of construction when related to the need for infrastructure or utilities as a condition of permits or upon approval of other entitlements sought by Developer.
2.B. Vested Elements
Certain actions of City identified below (the full enactments of which are incorporated herein by reference thereto), are declared binding and not subject to change except if specifically stated to the contrary in other sections of this Agreement. Such actions are hereinafter referred to herein as the "Vested Elements."
No part of the Vested Elements may be revised or changed during the Term hereof without the consent of the owner of the portion of the Project Site to which the change applies (or that would be affected by any reduction or decrease in rights or increase in burdens caused by such change), unless expressly stated to the contrary in other sections of this Agreement. The foregoing notwithstanding, applications for permits, entitlements, and other approvals shall be subject to such changes in the General Plan, the Vacaville Municipal Code, City's zoning code, and other rules, regulations, ordinances and official policies hereinafter adopted (and in effect at the tirue of the application) that do not conflict with the Vested Elements or materially deprive Developer of the benefits thereof.
The Vested Elements shall be effective against, and shall not be amended by, any subsequent ordinance or regulation, whether adopted or imposed by the City Council or through the initiative or referendum process. The Vested Elements are:
(1) The General Plan, approved by the City Council on August 11, 2015, including any amendment thereto enacted prior to the execution of this Agreement which includes without limitation the GP A.
(2) The Specific Plan.
(3) The Zone Change
(4) The Tentative Map
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(5) Mitigation measures proposed (and not rejected as infeasible) in the EIR certified with respect to the Specific Plan and related development project actions for the Project Site.
( 6) Parcel map waivers, tentative parcel maps, tentative subdivision maps, vesting tentative parcel maps, vesting tentative subdivision maps, conditional use permits, design review approvals and other zoning entitlements or discretionary reviews granted with respect to portions of the Project Site, subject to the provisions of Subsections 2.C and
2.D, below.
2.C. Subdivision and Parcel Maps
Developer shall have the right from time to time to file applications for subdivision maps, parcel map waivers and/or parcel maps with respect to some or all of the Project Site in order to reconfigure the parcels comprising the Project Site as may be necessary or desirable to develop a particular phase of the Project Site or to lease, mortgage or sell a portion of the Project Site.
Nothing herein contained shall be deemed to authorize Developer to subdivide or use the Project Site, or any portion thereof, for purposes of sale, lease or financing in any manner that conflicts with the provisions of the Subdivision Map Act, Govermnent Code § § 66410 et seq .. or with the Vacaville Municipal Code; nor shall this Agreement prevent City from enacting or adopting changes in the methods and procedures for processing subdivision and parcel maps so long as such changes do not preclude or materially burden or delay Developer's realization of the rights conferred under the Vested Elements.
2.D. Applicable Subdivision and Safety Regulations; No Conflicting Enactments Nothing herein contained shall be deemed to prevent City from amending the laws, ordinances, uniform codes, rules or regulations pertaining to or imposing health and safety, fire protection, mechanical, electrical, plumbing, grading and/or building requirements or other requirements that would be defined as "ministerial" under the California Environmental Quality Act, Public Resources Code §§21000 et seq. pertaining to new construction or development in the City, including the Project, when such amendments are enacted or adopted prior to the issuance of a building permit for the Project ( or portion thereof), in which case such amendment shall apply to the Project ( or portion thereof).
Except as set forth above, any ordinance, resolution, rule, regulation, standard, directive, condition or other measure adopted or amended subsequently to the Effective Date ( each individually referred to as a "City Law"), whether approved by Subsequent Approval or other action by City or by initiative, referendum or other means, that reduces the development rights granted to Developer by this Agreement shall not apply to the Project Site. For the purpose of this Agreement, any City Law shall be deemed to reduce the development rights provided hereby if such City Law would accomplish any of the following either by specific reference to the Project or as part of a general enactment that applies to or affects construction or development in the City:
(1) Limits or reduces the density or intensity of the Project, or any part thereof, or otherwise requires any reduction in the square footage or number of proposed buildings 074665\ 9038443vl ?Fann at Alamo Creek
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or other improvements, or requires an increase in the portion of the Project Site required to be dedicated for public use (including the size of rights-of-ways or park and recreational uses). However, this provision shall not require City to increase the density of allowable development on the Project Site to offset or compensate for a reduction in density resulting :from state or federal laws including, but not limited to, laws relating to airport safety or wetlands, species or habitat protection, preservation or restoration. The foregoing provision is not intended to limit Developer's legal rights against state or federal authorities imposing such laws, but is intended to disallow suit against City due to the impact of such laws upon the Project and to free City from any obligation to increase the density of development, whether commercial or residential or otherwise, in one area of the Project Site due to reduction in available, developable lands in other areas of the Project Site other than as set forth in the Specific Plan. City, however, agrees to cooperate with Developer in Developer's attempt to mitigate or minimize the impacts from such reductions in density on the overall development of the Project Site. As used in the preceding sentence, City's duty to "cooperate" with Developer does not include the obligation to contribute financially to such attempts by Developer; (2) Change any land uses or other permitted uses of the Project Site until the Project, or portion thereof, has been completed as evidenced by issuance of a certificate of occupancy by City ( or completion of final inspection if no certificate of occupancy is required);
(3) Limits or controls the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner so long as all necessary infrastructure adequate to serve such development or construction is constructed or provided by Developer, unless otherwise expressly provided for in this Agreement;
(4) Except as otherwise allowed by this Agreement, enforce or apply any City Law to the Project that is not uniformly applied on a City-wide basis to substantially similar types of development projects and project sites with similar land use designations; the foregoing notwithstanding, City shall be allowed to establish zones of benefit, rate zones, benefit districts, assessment districts or similar financing mechanisms, which may apply to the Project Site, so long as the costs associated with such zones, districts or mechanisms are: (i) uniformly applied to all similar uses within the affected zone, district or area, and (ii) not exclusively imposed upon or assessed against the Project; (5) Require the obtaimnent of additional discretionary permits or approvals by City other than those required by applicable law or which City is required to impose by the authority of the state or federal govermnent or of special districts or agencies that are not subject to the authority of City and whose jurisdiction extends to the Project Site; or (6) Impose or enforce any City ordinance or regulation, which controls commercial rents charged within the Project Site.
In the event of an irreconcilable conflict between the terms of the Vested Elements and a City Law, the provisions of the Vested Elements shall control. In the event of an irreconcilable 074665\ 9038443vl 7Farm at Alamo Creek
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conflict between the terms of the Vested Elements and this Agreement ( on the other hand), the terms of this Agreement shall control.
2.E. Processing Of Project Applications
City shall use its best efforts to commit the necessary time and resources of City staff to work with the Developer on the timely processing of the necessary applications for entitlements needed for the Project.
(1) Due Diligence by City. City will accept, make completeness determinations, and process, promptly and diligently, to completion all applications for Subsequent Approvals for the Project, in accordance with the terms of this Agreement, including, but not limited to, the following:
a. The processing of applications for and issuance of all discretionary approvals requiring the exercise of judgment and deliberation by City, including without limitation, the Subsequent Approvals;
b. The holding of any required public hearings; and
c. The processing of applications for and issuing of all ministerial approvals.
(2) Fast Track Processing. The City has a Customer Service Plan with timelines for the processing of projects. The City will use its best efforts to process plan checks and permitting requests in compliance with such Plan, as may be amended from time to time. (3) Relocation of Easements. Upon Developer's request, City shall use its best efforts, at no cost to City, to assist Developer in:
a. Locating or acquiring any new public easements or rights-of-way required for the Project so as to minimize interference with development of the Project, including, at the City Council's sole discretion, through the use of eminent domain, and
b. Developer's efforts to relocate or remove easements to facilitate development of the Project.
2.F. Relationship and Integration with City's Planned Growth Ordinance; Building Permit Allocations; Obligation of Developer to Designate Persons to Whom Permits Are to Be Allocated
This Section shall be considered an approved "Phasing Plan" that satisfies Vacaville Municipal Code § 14.05.044.010. The City hereby exempts seven hundred sixty eight (768) residential building permits from the building permit allocation process of City's Planned Growth Ordinance (Vacaville Municipal Code, Division 14.05), as follows:
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(1) Commencing in the calendar year in which the first Neighborhood Final Map for the Project, or any portion thereof, is approved by City and for each calendar year thereafter (effective on January 1 of each such year) during the Term of this Agreement, City shall allocate three hundred (300) assignable building permits to Developer. If, in any calendar year, Developer fails to use the total allocation of permits for that year, up to one hundred fifty (150) building permits of the unused portion of such annual allocation shall be carried over and added to Developer's succeeding year's allocation. Such "carry-over" shall apply to that year only and shall not be carried over to any succeeding year. The allocations provided for in this Section shall automatically apply and shall not require any formal request by Developer for such annual reservation of building permits. (2) Should Developer propose to assign the annual allocation, or any portion thereof, to a builder of the Project Site other than Developer, Developer shall submit an application for assignment to City's Director of Community Development identifying such other builder(s) and the number(s) to be allocated. The application shall be submitted to City's Director of Community Development within the time period specified by and approved by City's Director of Community Development. (3) In the event there is no assignment of the annual building permit allocation by City, City shall issue building permits under the Phasing Plan on a first-come first-served basis to Developers of the Project.
2.G. (Intentionally Left Blank)
2.H. Environmental Mitigation
To the extent permitted by law, City shall not impose upon the Project any mitigation measures other than those specifically imposed by the Project Approvals, and the MMRP adopted concurrently with the Project Approvals, as authorized by the Vacaville Municipal Code or the Specific Plan. City shall not impose additional mitigation measures on the basis that the EIR fully analyzes the environmental impacts of the Project, thereby alleviating the need for additional environmental review except in the circumstances described in Section 21166 of the Public Resources Code. To the extent permitted by law, City shall, in connection with any Subsequent Approval, adopt statements of overriding consideration recognizing the specific economic, social and other benefits of the Project that outweigh and make infeasible any additional mitigation measures.
2.1. Infrastructure
(1) Infrastructure Phasing Flexibility. Notwithstanding the-provisions of any phasing requirements in the Project Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Developer hereby agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in the Project Approvals, Developer and City shall collaborate and City shall permit any modification requested by Developer so long as the modification continues to ensure adequate infrastructure is available to serve that portion 074665\ 9038443vl 7Fann at Alamo Creek
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of the Project being developed and there are no adverse impacts to existing infrastructure or proposed infrastructure for future portions of the Project, the determination of which shall be made solely by City's Director of Public Works. · (2) Infrastructure Capacity. Subject to Developer's installation of infrastructure in accordance with the requirements of the Project Approvals and payment of the appropriate development impact fees, City hereby acknowledges that it will have, and shall reserve, sufficient capacity in its infrastructure, services and utility systems, including, without limitation, traffic circulation, storm drainage, flood control, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, as and when necessary to serve the Project as it is developed. To the extent that City renders such services or provides such utilities, City hereby agrees that it will serve the Project and that there shall·be no restriction on hookups or service for the Project except for reasons beyond City's reasonable control. Notwithstanding anything to the contrary in this Section 2.1(2), Developer shall install new sanitary sewer collection systems to create any required additional capacity to serve the Project if the DIF 54 project and the junction structure are not constructed prior to first Project occupancy. ·
2.J. Model Homes
Prior to recordation of any Neighborhood Final Map, City agrees to issue, to the extent permissible by any relevant laws, building permits and certificates of occupancy ( or completion of a final inspection if no certificate of occupancy is required) for the construction of model homes ( and related model home complex structures) that will be used by Developer for the purpose of promoting sales of single family residential units within the Project, subject to City's standard design review and building permit procedures; provided, however, in no event shall City be required to issue more than five (5) building permits for the construction of model homes in each residential Neighborhood of the Specific Plan (i.e. Neighborhoods 1 through 12 as identified in Exhibit B 1) unless a higher number of building permits is otherwise approved by the Director of Community Development and in no event shall Developer be permitted to sell or transfer any model home until a Neighborhood Final Map has been approved and recorded on that portion of the Project Site where the model home is to be located.
2.K. Annexation
Developer will cooperate to complete annexation of the Project Site to the City. Without limiting the foregoing, to the maximum extent permitted by law, within thirty (30) days after the Effective Date, City will: (i) adopt a "Resolution of Application" to the Solano County Local Area Formation Commission ("LAFCO") requesting annexation of the Project to the City; and (ii) submit to LAFCO the Resolution of Application, a plan for the provision of services and any other materials required by LAFCO for a complete application, said documents and materials to be consistent with the Project Approvals and this Agreement. City shall use its best efforts to cause the completion of such annexation subject to all applicable requirements in or limits of law. If a certificate of completion for the annexation of the Project Site is not recorded on or before the date that is five (5) years after the Effective Date, unless the Parties agree to extend 074665\ 9038443vl 7Farm at Alamo Creek
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such date, either Party may terminate this Agreement by notifying the other Party in which case this Agreement shall be of no further force and effect.
2.L. Credits and Reimbursements for Community/Capital Improvements City and Developer shall enter into reimbursement agreements for all improvement projects undertaken by developer that are at that time of construction included within the City's capital improvement program and/or development impact fee program; or conversely, undertaken by City that are at the time of construction Developer's obligation under the Project's Conditions of Approval, this Agreement, or other instrument. Such agreements shall be entered into prior to the start of construction of such projects and this Agreement authorizes the City Manager and or the City Manager's designee to enter into such agreements.
The reimbursement agreements shall include terms that either (i) give Developer specific impact fee credits, or (ii) establish a mechanism for Developer to reimburse City up to a maximum agreed upon dollar amount that equals the estimated costs associated with the management, design, financing, construction and installation of the projects. Reimbursement agreements shall be approved by City and Developer prior to any expenditures which City or Developer seeks reimbursement. The credits for each project shall be credited against only those specific impact fees associated with the category of improvement constructed. If the Project's total fee obligation exceeds the value of a credit for that fee, Developer shall pay the amount of that impact fee that exceeds the value of such credit after that credit is exhausted. Such specific fee credits shall be transferable to other development within the City, with the exception of the Drainage Detention fee credits. In the event that the fee credits are insufficient to provide full reimbursement for the maximum agreed upon dollar ammmt, the City shall reimburse the remaining funds from subsequent development fees paid by other development in the City, with the exception of the Drainage Detention Impact fee credits. Drainage Detention fee credits will only be credited up to the Project's otherwise applicable Drainage Detention fee obligation. As an alternative to annual payments of remaining funds, the reimbursement agreement shall provide that Developer, in its sole discretion, may transfer any reimbursement balance due them to any other project in the City, in the form of fee credits.
SECTION 3. PROPERTY SUBJECT TO THIS DEVELOPMENT AGREEMENT
3.A. Property Subject To This Agreement
All of the property described in Exhibit A shall be subject to this Agreement. Upon the acquisition by Developer of a legal or equitable interest in any property within or immediately adjacent to the exterior boundaries of the Project Site (the "Additional Property"), the Additional Property shall automatically become part of the Project Site and City and Developer shall execute and record an Administrative Amendment of this Agreement in accordance with Section
14.D to amend the legal description of the Project Site attached hereto as Exhibit A to add such Additional Property.
3.B. Term of Subdivision Maps and Other Project Approvals (1) The term of any parcel map waiver, tentative parcel map, tentative subdivision map, vesting tentative parcel map, vesting tentative subdivision map, or subdivision 074665\ 9038443vl ?Fann at Alamo Creek
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improvement agreement relating to the any portion of the Project Site shall be coterminous with the Term of this Agreement. In no event shall the term of such maps or agreements be for a term longer than the Term without the amendment of this Agreement.
(2) The term of any conditional use permit, design review approval or other adjudicatory approval for development of any portion of the Project Site shall be five (5) years, which period of time may be extended for two (2) additional one (1)-year periods by the entity having decision-making authority over such time extension request. Any such permit, approval, or entitlement shall continue in effect and no time extension will be necessary if either of the following occur within the Project Site: (i) the building foundation for at least one (1) home is installed and completed and, thereafter, Developer diligently continues construction of the Project towards completion, or (ii) Developer obtains a building permit and diligently continues construction towards completion of a non-residential use.
SECTION 4. MATERIAL OBLIGATIONS OF DEVELOPER; TERMINATION FOR
BREACH OF SUCH OBLIGATIONS
Notwithstanding anything to the contrary herein contained, the Term of this Agreement shall be subject to termination by City (but not by Developer) for failure on the part of Developer to achieve the objectives stated below, subject to the provisions of this Agreement relating to permitted delays and delaying causes. Developer's performance in achieving these objectives shall be considered and evaluated as part of the annual review as provided for in this Agreement.
The objectives to be achieved by Developer are:
4.A. Community Facilities District Formation
Developer shall apply for and procure adoption by City of such resolutions and actions as may be ' required to form or join a community facilities district ("CFD"). The purpose of the CFD is to pay for the full cost of City services for the Project, including fire protection and police protection. The CFD shall be formed by City before the recordation of the first Neighborhood Final Map. City agrees to process and act upon such application with reasonable due diligence.
4.B. Landscaping, Lighting and.Maintenance Districts
Developer shall apply for and procure adoption by City of such resolutions and actions as may be required to, join existing or form new lighting, landscaping and maintenance districts ("LLMD's") in no more than five (5) Project Site phases. The purpose of the LLMD's are to pay for the full maintenance cost of City services for the Project, including: (i) setback landscaping, (ii) street lighting, (iii) the detention basin stormwater improvements and the landscaping surrounding the detention basin; (iv) open space including open space amenities within Parcels 16, 19 and 20; and (v) the Project's fair share of neighborhood parks. City shall approve all Developer applications to join existing or form new LLMD's prior to recordation of the Final Map(s) associated with each Project Site phase. City agrees to process and act upon such application with reasonable due diligence. For avoidance of doubt, the conditions of approval to the Tentative Map require, among other things, that separate from and independent of the 07466519038443vl 7Farm at Alamo Creek
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LLMD's (i) the Project's Homeowners' Association maintain the Project's pocket and linear parks, any setback landscaping along Leisure Town Road and Hawkins Road that falls outside of the City's right of way, including within easements over Solano Irrigation District water conveyance improvements (if any), and the Project's agricultural buffer area; and (ii) the Developer's design of the detention basin aeration system and preparation of a maintenance plan for the detention basin and aeration system (both at no cost to the City).
SECTIONS. DEVELOPER'S OBLIGATIONS FOR WHICH CITY MUST ALLOW
DEVELOPER RIGHT TO CURE DEFAULT
S.A. No Obligation to Develop
Developer shall have no obligation to initiate or complete development of any phase of the Project within any period of time except: (i) as provided in Subsection 2.A of this Agreement; (ii) the obligations otherwise stated in a separate agreement or undertaking that is part of the Vested Elements or that is entered into in connection with any community facilities or assessment district creation or financing; (iii) the conditions for commencement of construction stated in any conditional use permit, design review approval or entitlement or approval for construction of specific improvements on a specific parcel; or (iv) as provided in the Subdivision Map Act (Gov't Code§§ 66400 et. seq.) or Divisions 14.11 ("Subdivisions") or 14.12 ("Dedications and Improvement Requirements") of the Vacaville Municipal Code, as applied to subdivision improvement agreements. Failure to undertake and complete the matters identified in this Section shall constitute a material breach of this Agreement for which this Agreement may be terminated by City if such breach is not cured as provided in this Agreement.
S.B. General Obligations
As consideration for City entering into this Agreement, Developer agrees that it will comply with all Project Approvals and Subsequent Approvals. The parties acknowledge that the execution of this Agreement by City is a material consideration for both Developer's acceptance of, and agreement to comply with, the terms and conditions of the Project Approvals and Subsequent Approvals.
S.C. Infrastructure Construction; Dedication of Land, Rights of Way and Easements Notwithstanding anything to the contrary in this Agreement, Developer shall only be required to pay standard development impact fees (DIF). If Developer agrees to install a DIF project, City and Developer shall enter into a reimbursement agreement related to such projects prior to the start of construction of such projects subject to the same general terms as the reimbursement agreements described in Section 2.L of this Agreement.
Developer is obligated as a condition of approval to the Tentative Map to dedicate the parcels for open space and parks identified on Exhibit C. Developer will dedicate and construct, without compensation, deduction, or credit street frontage and improvements to street frontages adjacent to open space and park sites within or abutting the Project Site except for the frontage along Ehnira Road of the Conununity Park Parcel (defined in Section 5.J(l)) and the adjacent park parcel designated as Parcel 17 on Exhibit Bl (such excepted improvements being the "Park Frontage Improvements") and City shall promptly accept from Developer the completed public 07466519038443vl 7Fann at Alamo Creek
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improvements ( and release to Developer any bonds or other security posted in connection with performance thereof in accordance with the terms of such bonds). Notwithstanding anything to the contrary in this Agreement, City shall grant Park and Recreation Fee credits for the actual costs of construction of the Park Frontage Improvements up to the maximum allocated to such improvements in the DIF study as it may be amended from time to time. Except as described in Section 5 .J, Developer shall, without compensation, deduction, or credit, level the land for the open space and park sites identified on Exhibit C and will place utility stubs to serve such open space and park sites to the parcel/lot line of such open space and park sites at such places mutually agreed to by City and Developer during Developer's construction of utility improvements for the Project.
Except as Described in Section 5.J, Developer shall dedicate, without compensation, deduction, or credit, road rights-of-way, utility and other easements required for development of the Project in accordance with the Tentative Map.
City shall cooperate with Developer and use its best efforts to bring about construction of the infrastructure required for the development contemplated in the Vested Elements that is beyond Developer's control, including county, state, or federal paiticipation in such construction and, when appropriate, as determined by City in its sole discretion, through the exercise of the power of eminent domain so long as funds are available therefore without cost or expense to City, either from bond sales proceeds, cash payments, or a combination thereof.
5.D. Developer Funding of Infrastructure Shortfalls and Jepson Parkway In the event a public agency responsible for making certain area-wide infrastructure improvements lacks sufficient funds to complete such improvements that are required to be constructed as part of the Vested Elements, Developer shall have the option of proceeding with the development of such improvements subject to the reasonable approval by the Director of Public Works. City and Developer shall enter into a reimbursement agreement related to such improvements in accordance with Section 2.L Credits and Reimbursements for Community/Capital Improvements.
Leisure Town Road Frontage Improvements
The portion of the Project's frontage abutting Leisure Town Road is included in Phase lB of the Jepson Parkway project, which will realign and widen Leisure Town Road from Ehnira Road northward. The approved funding agreement between the City and the Solano Transportation Authority (STA) for the Jepson Parkway project assumes that future development along Leisure Town Road will either construct their frontage improvements ( described herein) at their sole expense, or reimburse the City for constructing those improvements.
The Project's Leisure Town Road obligations consist of all improvements required to construct:
• Up to 20 feet of roadway construction (City is responsible for anything greater than 20 feet); • Concrete Curb, Gutter and Multi-Use pathway;
• Storm drainage;
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• Street lighting;
• Landscaping and irrigation in the setback area;
• Relocation and undergrounding of the SID canal;
• Relocation and undergrounding of the overhead joint utilities; • Any required walls, berms, or other elements required by the specific plan to separate the Project from the public right of way.
In the event that the Jepson Parkway project precedes the Project, the City may construct the full roadway improvements; concrete curb, gutter and multi-use pathway; storm drainage; street lighting; relocation and undergrounding of SID Canal; and relocation of the overhead joint utilities. With coruruencement of the Project, the Developer will complete the undergrounding of the overhead joint utilities; landscaping and irrigation; and any required walls, berms or other elements required by the specific plan. Under this scenario, City and Developer shall enter into a reimbursement agreement in. accordance with Section 2.L Credits and Reimbursements for Coruruunity/Capital Improvements to reimburse the City for actual costs incurred related to the design and construction of all frontage improvements deemed the Developer's responsibility.
In the event that the Project precedes the Jepson Parkway project, the Developer will construct all of the Projects Leisure Town Road frontage obligations (described herein). Roadway construction shall include additional widening, grinding, adjustments to profile, and any other improvements necessary to properly conform to the existing roadway. Any roadway construction in excess of the required 20 foot width shall be subject to reimbursement by the City in accordance with Section 2.L Credits and Reimbursements for Coruruunity/Capital Improvements.
5.E. No Mineral Exploitation; Water Rights; Closure and Transfer of Existing Water Wells and Water System
No portion of the Project Site surface and no portion of the Project Site lying within five hundred (500) feet of the surface of the land may be utilized for extraction of oil, gas, hydrocarbon or any other mineral, metal, rock or gravel or any activities associated with or ancillary to any such activities. Nothing herein contained shall be deemed to prevent or restrict exploitation and/or extraction of such minerals and other substances below a plane lying five hundred (500) feet below the surface of the Project Site so long as all such activities conducted within the boundaries of the Project Site are confined to a level below said elevation; and nothing in this Subsection shall be deemed to prevent movement or export of rock, gravel or earth as part of grading activity undertaken in connection with development allowed under the Vested Elements.
No portion of the Project Site may be utilized for the placement of water wells or the extraction of water by Developer or any successor in interest. City shall have the sole and exclusive right to all water, rights in water, or the placement ofwells and use of water underlying the Project Site, whether above or below five hundred (500) feet of the surface and this provision shall constitute a transfer of all such water rights to City effective upon the Effective Date. 074665\ 9038443vl 7Fann at Alamo Creek
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! 5.F. Processing Charges, Development Impact Fees Applicable To Project Site Every application for an approval and every approval and issuance of permits or entitlements thereafter shall be subject to all application fees, processing fees, development impositions, development impact fees and regulatory fees, set by or within the control of City (including, but not limited to, any other fee or charge levied or imposed in connection with or by reason of the conduct of development or business activity within City) levied upon the Project Site, or any portion thereof, as a condition of approval of such development, including fees imposed to mitigate the Project's environmental impacts, subject to the following:
(1) New Regulatory or Development Impact Fees. Subject to the restrictions and exceptions in subsection 3 below, City may enact new regulatory fees or development impact fees that may be imposed on all or portions of the Project Site or development thereof so long as: (i) the amount charged has been determined in accordance with all applicable law; and (ii) Developer is given credit for the fees previously paid, and the fair value of improvements and land previously dedicated by Developer prior to the enactment of such regulatory or development impact fee requirements where such fees, improvements or land dedications relate to or pertain to the same public benefit or mitigation measures addressed by the new regulatory or impact fee requirement. (2) Development Impact Fees Defined. For purposes hereof, "development impact fees" and/or DIF shall include all charges, levies and impositions that are or would be so categorized under applicable California law as of the date of commencement of the Term of this Agreement but do not include, nor does this Agreement limit City's ability to impose upon the Project Site, special taxes, special assessments or maintenance district assessments, zones of benefit, rates or surcharges that are imposed on one or more areas of the City to finance area-specific public services, facilities or infrastructure. For avoidance of doubt, development impact fees include the City's General Plan Cost Recovery Fee.
(3) Limitation on Development Impact Fees. The Project Site shall not be subject to any development impact fee enacted or revised after the Effective Date of this Agreement . unless it applies on a City-wide basis (although zones of benefit may be designated by City with charges allocated among the properties within such zones based upon the benefit received by such properties). Any development impact fees levied against or applied to the Project must be consistent with the provisions of applicable California law, including the provisions of Government Code Section 66000 et seq. ("AB 1600").
Developer retains all rights to protest an imposition, fee, dedication, reservation, or other exaction, as set forth in California Government Code Section 66020. Nothing in this Agreement shall diminish or eliminate any of Developer's rights set forth in such Section 66020. If the City adopts a Quimby Act Fee pursuant to Government Code Section 66477, such fee shall not apply to Project residential units and/or lots that have paid (or received credit or reimbursements pursuant to Section 5 .J) for park and recreation impact fees. Also, any Quimby Act Fee adopted shall not apply to the Project until a revision to the park and recreation fee is adopted related to the programs to be covered by the Quimby Act Fee. In other words, in no event shall the Project pay for the same public benefit through both the park and recreation fee and Quimby Act Fee. 074665\ 9038443vl 7Farm at Alamo Creek
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(4) Processing Costs. Nothing herein contained shall exempt Developer from paying processing costs imposed by City for the processing of Developer's applications, including such costs as may be necessary to hire consultants and conduct studies ·required to develop the Project, subject to the provisions of this Section. Prior to engaging the services of any consultant or authorizing the expenditure of any funds for such consultant, City shall consult with Developer, to seek mutually agreeable terms regarding: (i) the scope of work to be performed by such consultant; and (ii) the projected costs associated with such work.
5.G. Dedicated Property Shall Be Free of Hazardous Wastes and Encumbrances All real property or interests in land offered for dedication by Developer to City shall be free and clear o_f: (i) hazardous waste and materials, and (ii) all liens, encumbrances, and clouds on title other than recorded easements or restrictions that do not interfere with or preclude the use of such property for its intended purpose as reasonably determined by City. Such property shall be transferred in the same or better condition than it existed upon the Effective Date of this Agreement.
5.H. Developer to Provide Projections for Development of the Project In order to facilitate the timely development of the Project Site, Developer, or the "Master Developer" designated by Developer, shall provide City with reports of its projected timetable for the design and construction of the Project ("Development Projections") each time there is a material change in Developer's or the Master Developer's anticipated progress in developing the Project. In addition, Developer or the Master Developer shall provide Development Projections with the documentation Developer is required to provide City in conjunction with the Annual Review, as defined in Section 8 of this Agreement.
5.1. [INTENTIONALLY LEFT BLANK]
5.J. Community Park Development
(1) Community Park Parcel Right of Purchase. The Tentative Map identifies a "Community Park Parcel" which is also identified as Parcel 18 on Exhibit B-1. City shall have the right to purchase the Community Park Parcel on an As-Is ( other than Developer's obligations in Section 5.G) basis for a period of25-years after the Effective Date (the "Purchase Right Period"). Upon expiration of the Purchase Right Period, City shall have no right or interest in the Community Park Parcel and shall consider any applications related to the development of the Community Park Parcel in good faith. The documents related to the conveyance of the Community Park Parcel to the City shall limit the City's use of the Community Park Parcel to park and ancillary uses. The purchase price of the Community Park Parcel shall be its fair market value at the time of conveyance as determined in accordance with the procedures set forth in this Section
5.J(2) unless other procedures are agreed to in writing. (2) Determination of Fair Market Value.
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a. Within fifteen (15) days after City provides written notice that it intends to acquire the Community Park Parcel during the Right to Purchase Period, City and Developer will each appoint one (1) independent appraiser who by profession must be a real estate broker or MAl Appraiser who has been active over the five ( 5) year period ending on the date of such appointment in the sale of unimproved land in Solano County, California.
b. Prior to the City's acquisition of the Community Paik Parcel during the Right to Purchase Period, City will submit to Developer the City's determination of the fair market value of the Community Park Parcel prepared by its appointed appraiser ("City's FMV Determination"). Developer will have thirty (30) days ("Developer's Review Period") after receipt of City's FMV Determination within which to accept the City's FMV Determination or to reasonably object thereto in writing. Developer's failure to accept the City's FMV Determination in writing within I>eveloper's Review Period will conclusively be deemed Developer's rejection thereof. If Developer reasonably objects to the City's FMV Determination, then, prior to the expiration of Developer's Review Period, Developer shall submit to City in writing a statement of Developer's determination of the fair market value of the Community Park Parcel prepared by its appointed appraiser ("Developer's FMV Determination"). For a period of fifteen (15) days after the expiration of Developer's Review Period (the "Outside Agreement Date"), City and Developer will attempt in good faith to agree upon the fair market value of the Community Park Parcel using their commercially reasonable good faith efforts. If City and Developer fail to reach agreement on or before the Outside Agreement Date, then each party's determination will be submitted to appraisal in accordance with the provisions below:
(i) Tue two (2) appraisers will, within fifteen (15) days after the Outside Agreement Date (the "Third Appraiser
Appointment Date"), agree upon and appoint a third
appraiser who shall be qualified under the same criteria set forth above for qualification of the initial twQ (2)
appraisers.
(ii) Tue third appraiser shall timely prepare an independent appraisal of the fair market value of the Community Park Parcel that shall be a dollar value equal to or between the dollar values of the City's FMV Determination and
Developer's FMV Determination and will notify City and
Developer in writing of its decision (the "Appraiser's
Decision"). In other words, the dollar value of the
Appraiser's Decision cannot be a higher than the highest FMV Determination nor lower than the lowest FMV
Determination.
(iii) The Appraiser's Decision will be binding upon City and Developer. If either City or Developer fails to appoint an 07466519038443vl 7Fann at Alamo Creek 21
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appraiser prior to the Final Appraiser Appointment Date, the appraiser timely appointed by the other party shall determine whether the parties shall rely on the City's FMV Determination or Developer's FMV Determination to
determine the fair market value of the Community Park
Parcel and issue the Appraisers' Decision within fifteen (15) days after the Third Appraiser Appointment Date.
(iv) If the two (2) appraisers fail to agree upon and timely appoint a third appraiser, or if neither Developer nor City appoint an appraiser prior to the Final Appraiser
Appointment Date, the average dollar value of Developer's FMV Determination and the City's FMV Determination
shall determine the fair market value of the Community
Park Parcel and that average value shall be deemed the
Appraisers' Decision for purposes of this Agreement.
(v) The cost of the third appraiser will be equally borne by City and Developer. Each party shall bear their own costs
related to each party's appointed appraiser.
(3) Recordation of Memorandum of Agreement. Within 30 days after this Agreement is recorded in the Official Records, Developer shall record a memorandum of agreement in the Official Records that summarizes the City's Right of Purchase. (4) No Developer Obligation. Developer shall have no obligations related to the development of a park on the Community Park Parcel other than the payment ofDIF in accordance with this Agreement.
(5) Interim Uses. Developer shall have the right to establish uses on the Community Park Parcel in accordance with the Community Park Parcel's Specific Plan land use designation and the Community Park Parcel's zoning district until the City's acquisition of the Community Park Parcel. Interim uses shall not result in the pennanent stripping of topsoil from more than 5% of the Community Park Parcel. Immediately prior to City's acquisition of the Community Park Parcel, Developer shall be responsible for terminating the then-existing use of the Community Park Parcel unless the parties agree otherwise in writing.
(6) Notices. Developer is responsible to inform all home buyers (i) of the uncertainty associated with whether a community park will be constructed on the Community Park Parcel, and if so, the timing for construction of a community park; and (ii) that any use on the Community Park Parcel will be terminated if the City constructs a community park.
At a minimum, this notification shall be provided as follows:
a. By written disclosure acknowledged by the home-buyer at time of . escrow; and
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b. By prominent display at each model home complex of information on the uncertain timing of park construction.
5.K. Community Benefit Contribution
Notwithstanding any other term ofthis Agreement, Developer agrees to pay City a "Community Benefit Contribution" of $8,370 for each dwelling unit at the time a building permit is issued for such dwelling unit within the Project Site. The parties agree that there may be an adjustment to the Community Benefit Contribution per unit in response to the City Council reviewing what improvements or programs should be funded by the Community Benefit Contribution versus an impact fee, meaning that the amount of the Community Benefit Contribution may be reduced. In addition, the City agrees that at no time shall the Community Benefit Contribution imposed on the Project Site during any calendar year be higher than the community benefit contribution, or other similar contribution that funds the same types of improvements or programs, imposed on any future development project that includes single family homes in the same calendar year that is: (i) east of Leisure Town Road; (ii) in a growth area identified in the City's General Plan (including, but not limited to, the East of Leisure Town Road Growth Area and the Northeast Growth Area identified as part of the approval of the City's 2008 Urban Growth Boundary); or (3) within the Vanden Meadows Specific Plan area. Developer shall have a right to a reduction in the Community Benefit Contribution so that Developer is no longer obligated to pay an amount higher than the amount imposed on other development projects that include single family homes in these areas. The Community Benefit Contribution shall be automatically adjusted by the percentage change, if any, in the Engineering News Record San Francisco Bay Area Construction Cost Index during the prior twelve-month period, as calculated for the twelve-· month period from on or about the preceding November 1st, on January 1 of each year for the Term of this Agreement. The Community Benefit Contribution funds shall be used for capital improvements and/or acquisition oflands that the City Council considers to be of communitywide benefit.
5.L. Water Annexation Fee
Notwithstanding any other term of this Agreement, Developer agrees to pay City $2,783 per dwelling unit as payment for the cost of acquiring additional domestic water to serve the residential uses contemplated by the Project (the "Water Annexation Fee"). This fee will be adjusted March 1 of every year, beginning in 2019, based on the San Francisco Bay Area Construction Cost Index as published in March by the Engineering News Record (ENR). The ENR Cost Index for San Francisco in March of2018 was 11,557.90. This cost shall be in addition to the standard water service connection fee assessed by City at building permit issuance. The Water Annexation Fee shall be paid prior to building permit issuance.
5.M. Agricultural Land Mitigation
Developer shall preserve or create, in Developer's discretion, one acre of agricultural land that is viable for farming operations for each acre of agricultural land converted by the Project.
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parties with an agricultural conservation easement in perpetuity. Developer may record multiple easements to satisfy this obligation. Prior to issuance of each grading permit for the Project, Developer must demonstrate to the City that it either has (i) encumbered an acreage that equals at least the sum of the amount of acreage of agricultural land that has previously been developed as part of the Project and the acreage that is proposed to be developed with such grading permit; or (ii) has provided a surety in a form that is satisfactory to the Directory of Community Development that ensures implementation of an agricultural conservation easement that encumbers an acreage that equals at least the sum of the amount of acreage of agricultural land that has previously been developed as part of the Project and the acreage that is proposed to be developed with such grading permit. Upon the request of Developer, City may, in City's sole discretion, permit Developer to use a deed restriction in-lieu of a conservation easement.
As an alternative, in Developer's sole discretion, to the recording of a conservation easement or deed restriction to satisfy the Project's agricultural mitigation obligations, except for any acreage adjacent to the Project Site required to be used for mitigation pursuant to General Plan Policy COS-P4.4, Developer may pay an in-lieu fee to satisfy such obligations if City adopts a fee program for this purpose. Such fee shall be paid prior to the later of the recording of a Neighborhood Final Map or issuance of grading permit for each undeveloped portion of the Project Site or for any developed portion of the Project site which has provided a surety described above in this Section 5 .M.
City agrees to consider establishment of this in-lieu fee program, in consultation with the Solano Land Trust, and shall make good faith efforts to present fmdings and recommendations, including those arising from City General Plan Policy LU-PS.2, to the City Council within six (6) months of the Effective Date of this Agreement. City shall make good faith efforts to design any proposed in-lieu fee program to ensure that the payment of such fee satisfies the Project's nesting and foraging habitat mitigation requirements associated with avian species impacted by the loss of agricultural land caused by the Project so that a separate conservation easement related to such species, in addition to the payment of the fee, is not required as a habitat mitigation measure for these species. Upon establishment of such fee, Developer shall be permitted to satisfy all of the Project's agricultural and associated avian nesting and foraging habitat mitigation requirements for all portions of the Project Site that have a surety described above in this Section 5.M or that have not yet been issued grading permits or recorded a small-lot Final Map on the date the fee is effective. Upon each payment of an in-lieu fee for a portion of the Project Site, City shall take all reasonable actions necessary to cause the release of any surety associated with that same portion of the Project Site.
SECTION 6. PROVISIONS RELATING TO ASSESSMENT PROCEEDINGS
6.A. Construction and Acquisition Proceedings
Developer may, in its sole discretion, propose or initiate proceedings for the formation of an assessment and/or co=unity facilities district (including any potential Benefit District for the Project) for the purpose of financing the payment of all or a portion of the design, acquisition and construction costs required for any on-site or off-site improvements that are designed and constructed by Developer in connection with its development of the Project Site ( or portions thereof) pursuant to the Vested Elements. City shall diligently process such proposal provided:
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(i) the proposal complies with law, (ii) is otherwise regular in form, (iii) is consistent with City's standards, (iv) provides for a lien-to-value ratio and other financial terms that are reasonably acceptable to City, (v) the person, firm or entity initiating the proceedings advances such funds as City requires to provide for staff and outside consultants to undertake such proceedings, and (vi) City has reviewed and approved the consultants proposed by Developer for such undertaking including, but not limited to, bond counsel and the financial advisory underwriter, which approval shall not be unreasonably withheld. City shall diligently seek to sell any bonds to be issued and secured by such assessments upon the best terms reasonably available in the marketplace; provided, however, that City's duty to market such bonds shall be suspended during any period when marketing conditions render the issuance of such bonds economically infeasible. Developer may initiate improvement and assessment proceedings utilizing assessment mechanisms authorized under the law of the State of California where the property subject to assessment provides primary security for payment of the assessments. Developer (or any successor of Developer as to any portion of the Project Site as to that portion) may initiate such assessment proceedings with respect to that portion of the Project Site to provide financing for the design or construction of improvements for such portion of the Project Site. City shall allocate shortfalls or cost overruns in the same manner as the special taxes or assessments for construction of improvements ( as opposed to assessments for maintenance) are allocated in a community facilities district or other similar financing mechanism so that each lot and/or parcel within the benefited area (including the Project Site) shall bear its appropriate share of the burden thereof and construction or acquisition of needed improvements shall not be prevented or delayed. ·
If the Project is benefitted by the oversizing of any infrastructure improvements made by adjacent developments, Developer shall agree to join any assessment and/or community facilities district formed for the purpose of financing the payment of all or a portion of the design, acquisition and construction costs required for any on-site or off-site improvements that are designed and constructed to serve the Project Site so long as each lot and/or parcel within the benefited area (including the Project Site) bears its appropriate share of the burden thereof.
Nothing in this Agreement shall limit Developer's right to object to the amount of the proposed assessment or the costs proposed to be assessed.
6.B. Maintenance District Proceedings
(1) City-Initiated Proceedings. City is authorized to, and presently contemplates, the creation and establishment ofLLMD's to fund those activities described in Section 4.B.
If City creates such LLMDs, City may, in its sole discretion, allow Developer (or a de,signated successor, agent or homeowners association, collectively referred to as "Developer" for the purpose of Subsections B through E of Section 6) to perform some or all of such maintenance work, provided such work is performed to City's satisfaction and standards and Developer agrees to indemnify and hold City harmless from any injury or damage resulting from such performance of work. City shall credit Developer the value of such work performed against the assessment that Developer would otherwise pay to the LLMD. If, at any time, City, in its sole discretion, determines that the work is not being performed to City's satisfaction or standards, City may notify Developer of such substandard performance, and if not cured within thirty (30) days of such notice, City 07466519038443vl ?Fann at Alamo Creek
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may, through a LLMD, take responsibility for such work and, thereafter, maintain the areas in question and assess Developer for the value of the work performed. (2) Developer-Initiated Proceedings. Developer may submit requests to City to annex or create and establish the LLMDs contemplated under Section 4.B, above. City shall consider such requests, provided the requests comply with law and are otherwise regular in form.
(3) Mechanism. Developer and/or City shall have the right to annex or form or create such LLMDs under any mechanism authorized by law where the benefited property may be assessed or charged for payment of such maintenance and operating cost. (4) Portion of Project Site. Developer and/or City may initiate proceedings for annexation or fo1mation of such LLMDs with respect to a portion of the Project Site to provide for maintenance of improvements for such portion without the consent of the owners of other p01iions oftµe Project Site provided the assessments are not levied upon such other owners and the fo1mation of such district does not interfere with the ability to form other LLMDs to maintain improvements on other portions of the Project Site. (5) Inspection of Developer-maintained Improvements. In the event that Developer assumes responsibility to maintain improvements on the Project Site, Developer shall reimburse City for City's cost to inspect the improvements maintained by Developer.
Payment to City shall be made within thirty (30) days of Developer's receipt of City's invoice or statement of such costs.
6.C. (Intentionally Left Blank]
6.D. , Right of Reimbursement from Assessment Proceeds
In any assessment proceeding, special tax proceeding or other financing proceeding undertaken by City pursuant to the provisions of this Section 6, City shall reimburse Developer for any costs or fees reasonably incurred or paid for by Developer for the administration, design and construction of improvements, fulfillment of the requirements of the Vested Elements, or implementation of mitigation measures that can properly be included in such assessment proceedings, together with interest thereon at the rate being charged on the principal amount of the assessments from which said reimbursement is made or at such other rate as City determines fairly compensates Developer for the cost of the funds to be reimbursed.
6.E. Right of Reimbursement from Others Benefited
If Developer agrees to plan, design or construct excess improvements not required by City for development of the Project Site or agrees to make dedications, provide mitigation measures or incur costs in connection with public improvements in excess of those required to develop the Project Site that are not included within the capital improvement program and/or the development impact fee program at the time of construction, City agrees to cooperate with Developer in the formation or enlargement of any assessment districts, including without 074665\ 9038443vl 7Fann at Alamo Creek
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limitation Benefit Districts, that Developer, in its sole discretion, may elect to initiate related to the Project in order to be reimbursed its excess costs associated with such improvements.
SECTION 7. DEFAULT, REMEDIES, TERMINATION OF AGREEMENT
7.A. Notice of Default and Liability
Subject to extensions of time mutually agreed to in writing by the parties or as otherwise provided herein, material failure or delay by any party to perform any term or provision of this Agreement constitutes a default hereunder. Upon the occurrence of such default, the party alleging such default shall give the other party written notice thereof, specifically stating that it is a notice of default under this Agreement, specifying in detail the nature of the alleged default and, when appropriate, the manner in which said default may be satisfactorily cured, and giving a reasonable time that shall be not less than sixty (60) days measured from the date of personal service or delivery by certified mail of the written notice of default During any such cure period or during any period prior to notice of default, the party charged shall not be considered in default for the purpose of terminating this Agreement or instituting legal proceedings.
If a dispute arises regarding any other claim of default under this Agreement, the parties shall continue to perform their respective obligations hereunder, to the maximum extent practicable irrespective of such dispute. Notwithstanding anything to the contrary, no default hereunder in the performance of a covenant or obligation with respect to a particular lot ·or parcel shall constitute a default as to other portions of the Project Site, and any remedy arising by reason of such default shall apply only to such lot or parcel. Absent evidence to the contrary, any liability occasioned by such default shall be the responsibility of the owner(s) of the lot or parcel involving such default.
7.B. Remedies
Upon expiration of the cure period referenced above, if the default remains uncured, or if such cure cannot be accomplished within such cure period and the defaulting party has not commenced such cure during such period and diligently prosecuted such cure thereafter, the nondefaulting party may, at its option, give notice of intent to terminate this Agreement pursuant to Government Code Section 65868, or pursue such other remedies as may be available to such party. Notice of intent to terminate shall be by certified mail, return receipt requested. In the event the notice of intent to terminate is given by City, the matter shall be scheduled for consideration and review by the City Council within sixty (60) days in accordance with Government Code Sections 65867 and 65868 and Vacaville Municipal Code§ 14.17.218.030.
After considering the evidence presented, the City Council shall render its decision to terminate or not terminate this Agreement. If the City Council decides to terminate this Agreement, City shall give written notice thereof to the defaulting party.
Evidence of default of this Agreement may also be taken during the regular annual review· of this Agreement as described below. Any determination of default ( or any determination of failure to demonstrate good faith compliance as a part of the annual review) made by City against Developer, or any person who succeeds Developer with respect to any portion of the Project Site, shall be based upon written findings supported by evidence in the record as provided by 074665\ 9038443vl ?Farm at Alamo Creek
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Vacaville Municipal Code§§ 14.17.218.030 and 14.17.218.030. Notwithstanding any other provision ofthis Agreement to the contrary, remedies for a default by Developer or its successor of any of its obligations hereunder shall not be limited and City shall have the right to institute legal proceedings to enforce such obligations as set forth herein and in the Vested Elements, including, but not limited to, the obligation to indemnify, defend, and hold harmless City. Such remedies shall include those available at law or in equity that may be needed to enforce defaults such as the failure to pay fees, taxes, monetary exactions or assessments levied against the Project Site to pay for the cost of improvements whether levied pursuant to this Agreement or otherwise stated in a separate agreement or undertaking under the Vested Elements or which is entered into in support of any community facilities or assessment district financing. City shall have the right to exercise such remedies as may be available at law or in equity to enforce the conditions stated in any conditional use permit, design review approval, zoning approval, entitlements for use or entitlements for construction of specific improvements on a specific parcel, or as are provided in the Subdivision Map Act (Gov't Code§§ 66400 et seq.) or City's subdivision ordinance as applied to subdivision improvement agreements. In addition to the right to give notice of intent to te1minate this Agreement, Developer shall have the right to institute legal proceedings to enforce this Agreement in the event of a default by City.
7.C. No Waiver
Failure or delay in giving notice of default shall not constitute a waiver of default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failure or delay by a party in asserting any of its rights or remedies as to any default by the other party shall not operate as a waiver of any default or of any rights or remedies of such party; nor shall it deprive such party of its right to institute and maintain any action or proceeding it may deem necessary to protect, assert or enforce any such rights or remedies.
7.D. Judicial Review of Termination
Any purported termination by the City of this Agreement for alleged default of Developer shall be subject to review in the Superior Court of the County of Solano pursuant to Code of Civil Procedure §1094.S(c).
7.E. Defaults by City
If City does not accept, review, approve or issue development permits, entitlements or other land use or building approvals, if any, for use in a timely fashion as provided in this Agreement or defaults in the performance of its obligations under this Agreement, Developer ( or the owner of the Project Site, or portion thereof, to which such default applies) shall have the rights and remedies provided herein or available in law or in equity, including, without limitation, the right to seek specific performance under the appropriate circumstances.
7.F. Obligation and Default Limited to Affected Parcel
Notwithstanding anything to the contrary herein contained, when an obligation or duty hereunder to be performed, or a default has occurred, only with respect to a particular lot or parcel, such obligation or duty and any remedy or right of termination arising hereunder as a result of such failure to perform shall apply solely to such lot or parcel and shall affect only the owner and/or 074665\ 9038443vl 7Farrn at Alamo Creek
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the holders of the interest therein. No obligation, duty or liability will be imposed against or apply to any other parcel or portion of the Project Site for which no default has occurred.
7.G. Copies of Default Notices
The owner of any portion of the Project Site shall have the right to request in writing copies of notice of default given to the owner of any other portion of the Project Site. City and/or the owners of other portions of the Project Site to whom such request has been made shall honor such request and provide such notice in the manner and to the address specified in the request.
City shall be entitled to recover from the person making the request City's reasonable cost of complying with such request.
SECTION 8. ANNUAL REVIEW
Good faith compliance by Developer with the provisions of this Agreement shall be subject to annual review ("Annual Review") pursuant to Government Code§ 65865.1 and Section§
14.17 .218.010 of the Vacaville Municipal Code, utilizing the following procedures:
8.A. Submission by Developer; Result of Failure to Submit Review shall be conducted by City's Director of Cormnunity Development or his/her designee ("Director"), upon a submission made by Developer of a written report of good faith compliance, accompanied by the fee therefore, on behalf of all of the Project Site pursuant to Vacaville Municipal Code§ 14.17.218.010 not less than forty-five (45) days nor more than sixty (60) days prior to each anniversary date of this Agreement. The Director may refer the review to the Planning Commission pursuant to Vacaville Municipal Code § 14.17.218.01 0.E. Should Developer fail to submit the annual draft report in a timely manner and City does not notify Developer of such failure within ninety (90) days following the anniversary date, then the annual review of this Agreement shall be deemed to have been satisfactorily completed for that year only. In such event, City shall not be deemed to have waived any allegation of default in subsequent review years.
8.B. Showing Required
During the annual review, Developer shall be required to demonstrate to City Developer's good faith compliance with the provisions of this Agreement and provide such documentation or evidence related thereto as the Director may reasonably request.
8.C. Notice of Staff Reports, Opportunity to Respond
Not less ten (10) days prior to the conduct of any such review, the Director shall deliver to Developer a copy of any publicly-available City staff reports and documentation that will be used or relied upon by City in conducting the review. Developer shall be permitted an opportunity to respond to the Director's evaluation of Developer's performance by written testimony. Developer may also respond to the Director's evaluation by oral testimony at any hearing held by the City related to the Annual Review or compliance with this Agreement. 07466519038443vl 7Fann at Alamo Creek
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8.D. Director's Findings: Appeal
At the conclusion of the annual review, the Director shall make written findings and determinations on the basis of substantial evidence, whether or not Developer or its successors have complied in good faith with the terms and conditions hereof. Any determination by the Director of a failure of compliance shall be subject to the notice requirements and cure periods stated in Section 7, above. Any interested person may appeal the decision of the Director under the provisions of section § 14.17.218.010.D the Vacaville Municipal Code as may be amended from time to time.
8.E. Notice of Termination
If the Director determines that Developer (or other person, finn or entity owning the Project Site, or portion thereof) has not complied with the terms and conditions hereof, and after expiration of any cure period, the Director may recommend to the City Council that City give notice of termination or modification of this Agreement as provided in Government Code§§ 65867 and 65868 and Vacaville Municipal Code §14.17.218.030. If the Director recommends termination of this Agreement, such termination shall apply only to that portion of the Project Site (ifless than all) affected by the failure to comply, subject to the cure provisions of Section 7, above. If the Director recommends a modification of this Agreement, the modification shall similarly apply only to that portion of the Project Site (ifless than all) affected by the failure to comply.
8.F. Notice of Compliance
Upon Developer's request, City shall provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by the Director as to any year for which the annual review has been conducted or waived and Developer has been found or deemed to be in compliance with the provisions of this Agreement. Developer or any person owning a portion of the Project Site will have the right to a copy of such notice at his or her own expense.
8.G. No Damages
In no event shall either party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Agreement, it being expressly understood and agreed that · the sole legal remedy available to either party for a breach or violation of this Agreement by the other party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement by the other party, or to terminate this Agreement. This limitation on damages shall not preclude actions by a party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other party under the terms of this Agreement including, but not limited to obligations to pay attorneys' fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each party aclmowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such party's choice in connection with, the rights and remedies of such party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such party's rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on 074665\ 9038443vl ?Farm at Alamo Creek
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the remedies provided for herein with respect to any breach of this Agreement by the other party.
The parties shall bear their own costs oflitigation including but not limited to, attorney fees and expert fees, in the event oflitigation between the parties.
SECTION 9. MITIGATION MONITORING
Compliance with the various mitigation measures that are part of the Project and determined to be feasible in the BIR that is certified in connection with the Project shall be determined as follows: Compliance with those mitigation measures that are affected by and pertain to any development application or proposal for which approval is requested shall be considered and determined in connection with the processing of such application or proposal. The foregoing requirement does not require comprehensive monitoring for all mitigation measures specified in the MMRP or the Specific Plan during City's consideration of such application or proposal but shall only involve consideration and review of compliance of those mitigation measures that are directly related to the application or proposal under consideration.
SECTION 10. APPLICABLE LAWS; PERMITTED DELAYS; EFFECT OF SUBSEQUENT LAWS; OTHER PERMITS AND APPROVALS, WATER SUPPLY
10.A. Applicable Law and Venue
This Agreement shall be construed and enforced in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the state courts of the County of Solano or, where otherwise appropriate, exclusively in the United States District Court, Eastern District of California, Sacramento, California.
10.B. Permitted Delays
Performance by any party of its obligations hereunder (other than for payment of money) shall be excused during any period of"Excusable Delay" as hereinafter defined. For purposes hereof, Excusable Delay shall include delay beyond the reasonable control of the party claiming the delay (despite the good faith efforts of such party) including, but not limited to: (i) acts of God, (ii) civil commotion, (iii) riots, (iv) strikes, picketing or other labor disputes, (v) shortages of materials or supplies, (vi) damage to work in progress by reason of fire, floods, earthquake or other catastrophes, (vii) failure, delay or inability of the other party to act, (viii) as to Developer only, the failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Project Site including, by way of example only, the lack of water to serve the Project Site, or any part thereof due to drought; (ix) delay caused by governmental restrictions imposed or mandated by other governmental entities, (x) enactment of conflicting state or federal laws or regulations, (xi) judicial decisions or similar basis for excused performance; (xii) litigation brought by a third party attacking the validity of this Agreement or any of the approvals, permits, ordinances, entitlements or other actions necessary for development of the Project Site or any portion thereof, which delay a party's performance hereunder; provided, however, that any party claiming an Excusable Delay shall promptly notify the other party ( or parties) of any such delay as soon as possible after the same has been ascertained by the party delayed.
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10.C. Effect of Subsequent Laws
In accordance with California Gove=ent Code Section 65869.5, if any gove=ental or quasigove=ental agency other than City adopts any law, statute, or regulation or imposes any condition ( collectively "Law'') after the date of execution of this Agreement that prevents or precludes a party from complying with one (1) or more provisions of this Agreement, and such provision is not entitled to the status of a vested right against such new Law, then the parties shall meet in good faith to _determine the feasibility of any such modification or suspension of this Agreement based on the effect such Law would have on the purposes and intent of this Agreement and the Vested Elements. Following such meeting between the parties, the provisions of this Agreement may, to the extent feasible, and upon mutual agreement of the parties, be modified or suspended, but only to the minimum extent necessary to comply with such Law. In such an event, this Agreement together with any required modifications shall continue in full force and effect. In the event that the Law operates to frustrate irremediably and materially the vesting of development rights to the Project as set forth in this Agreement, Developer may terminate this Agreement. In addition, Developer shall have the right to challenge (by any method, including litigation) the Law preventing compliance with, or performance of, the terms of this Agreement and, in the event that such challenge is successful, this Agreement shall remain unmodified and in full force and effect, unless the parties mutually agree otherwise, except that if the Term of this Agreement would otherwise terminate during the period of any such challenge and Developer has not commenced with the development of the Project in accordance with this Agreement as a result of such challenge, the Term shall be extended for the period of any such challenge.
10.D. Building Regulations
"Building Regulations" consist of the California Code of Regulations Title 24 and amendments to Title 24 ("Title 24") as found in the Vacaville Municipal Code and any Public Works Standards as adopted in the Vacaville Municipal Code and any ordinances which interpret these codes where such ordinances establish construction and building standards that are intended to be applied ministerially to the construction of improvements on private property and public infrastructure. Building Regulations applicable to building and construction tluoughout the City at the time Developer applies for the applicable permits for construction of any portion of the Project shall be applicable to the building and construction authorized by such permit, except if such Building Regulations conflict in any manner with the Vested Elements ( as conflict is defined in Section 2.D herein). In the event of such conflict, the particular Building Regulation which is in conflict with the Vested Elements shall not apply to or govern development or construction of the Project unless it is determined by City to be required by Title 24 regulations in effect at the time of building permit application. In the event of a dispute as to City's determination that a particular Building Regulation in conflict with the Vested Elements is required by Title 24, Developer shall have the right to have the City Council hear such dispute and make a determination evidenced tluough findings of fact based on substantial evidence as to whether such Building Regulation is so required by Title 24. Developer shall have no right to appeal any applicable Title 24 regulations adopted by the State of California in effect at the time of building permit application that may conflict with the Vested Elements except as pemritted in this Subsection 10 .D.
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10.E. Written Verification of Sufficient Water Supply
Any and all tentative subdivision maps approved for the Project shall comply with Government Code Section 66473.7 if, and to the extent, required by Government Code Section 65867.S(c).
10.F. Prevailing Wages
For construction work performed by Developer or its contractors for which Developer is reimbursed by or receives fee credits or fee waivers from City or where any other public funds are used in whole or in part to construct such public works of improvement, Developer shall comply with Labor Code Part 7, Chapter 1, requiring, among other things, the payment of prevailing wages in certain circumstances. Nothing in this Section is meant to create an obligation to pay prevailing wages where one does not otherwise exist under federal, State, or local law.
SECTION 11. OTHER GOVERNMENTAL PERMITS AND APPROVALS:
COOPERATION OF CITY
City shall cooperate with Developer in its efforts to obtain other permits and approvals as may be required from other governmental or quasi-governmental agencies having jurisdiction over the Project Site or portions thereof (such as, for example, but not by way oflimitation, public utilities or utility districts and agencies having jurisdiction over wetlands and air quality issues).
City shall, from time to time, at the request of Developer join with Developer in the execution of such permit applications and agreements as may be required to be entered into with any such other agency, so long as such participation will not involve the expenditure of City funds or the · use of extensive staff time or expose City, in its sole judgment, to any legal liability. Permits and approvals required from other agencies may necessitate amendments to this Agreement and/or to one or more of the approvals or other approvals granted by City. City shall not unreasonably withhold its approval of amending this Agreement in order to comply with such other permits or approvals.
SECTION 12. MORTGAGEE PROTECTION
The parties hereto agree that this Agreement shall not prevent or limit Developer's right to encumber the Project Site or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing for development of the Project Site.
City acknowledges that the lenders providing such financing may require this Agreement to be interpreted and modified and agrees upon request, from time to time, to meet with Developer and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any person holding a mortgage or deed of trust on all or any portion of the Project Site made in good faith and for value (a "Mortgagee") shall be entitled to the following rights and privileges:
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12.A. Impairment of Mortgage or Deed of Trust
Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Project Site made in good faith and for value.
12.B. Notice of Default to Mortgagee
The Mortgagee of any mortgage or deed of trust encumbering the Project Site, or any part thereof, which Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement.
12.C. Right of Mortgagee to Cure
If City timely receives a written request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within fifteen (15) days of: (i) the date the notice of default was sent to Developer, or (ii) the date ofreceipt of Mortgagee's request, whichever is later. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period permitted under this Agreement, plus an additional sixty ( 60) calendar days if, in order to cure such default, it is necessary for the Mortgagee to obtain legal possession of the Project Site or any portion thereof ( e.g. seeking the appointment of a receiver); provided, however, that during the cure period permitted under this Agreement, City receives from Mortgagee written notice stating the need to obtain legal possession of the Project Site or any portion thereof.
12.D. Liability for Past Defaults or Obligations
Any Mortgagee, including the successful bidder at a foreclosure sale, who takes title and possession of the Project Site, or any portion thereof, pursuant to such foreclosure, shall take the Project Site, or portion thereof, subject to the provisions of this Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of Developer arising prior to acquisition of title to the Project Site by such Mortgagee. Notwithstanding the preceding sentence, in no event shall any such Mortgagee or its successors or assigns be entitled to a building permit, final inspection, or occupancy certificate until all fees and other monetary obligations due under this Agreement have been paid to City and any other existing defaults under this Agreement that are reasonably subject to cure are cured.
12.E. Technical Amendments
City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof and to otherwise cooperate in good faith to facilitate Developer's negotiations with lenders. 074665\ 9038443vl 7Farm at Alamo Creek
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SECTION 13. TRANSFERS AND ASSIGNMENTS
13.A. Right to Assign
Developer shall have the right to sell, assign or transfer its rights to any portion of the Project Site. All of its rights, duties and obligations under this Agreement with respect to the portion of the Project Site so transferred or assigned shall pass to the party acquiring fee simple title to such portion of the Project Site so transferred for the development thereof. "Developer" shall mean the entities so identified herein and such successors thereto as may be identified as being entitled to such designation in a notice of transfer provided for below. Reference to successors from time to time herein shall not imply that the word "Developer" does not include such designated successors in other instances.
13.B. Release upon Transfer
Upon sale, transfer or assignment, in whole or in part, of Developer's right and interest to all or any portion of the Project Site, Developer shall be released from its obligations hereunder with respect to the portion so conveyed provided: (i) Developer ( or transferee) was not in default of this Agreement at the time of conveyance, (ii) Developer provided to City prior written notice of such transfer, and (iii) with respect to sale or transfer of any lot that has not been fully improved, the transferee executes and delivers to City a written assumption agreement in which: (i) the name and address of the transferee is set forth, and (ii) the transferee expressly assumes the obligations of Developer under this Agreement as to the portion of the Project Site conveyed.
Failure to deliver a written assumption.agreement hereunder shall not negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of this Agreement.
Nothing herein contained shall be deemed to grant to City discretion to approve or deny any such transfer except as otherwise expressly provided herein.
13.C. Effect of Subsequent Approvals; Successor Owners
City's grant of the various approvals and consents referred to herein shall not constitute amendment hereof, nor shall the actions taken by City staff to implement the provisions hereof (e.g. The granting of minor modifications to approved plans, the Vested Elements or any other approval granted hereunder) shall constitute an amendment hereof.
No owner ofless than all of the Project Site shall have the right to seek or consent to the amendment of the provisions hereof; to make an election hereunder, to terminate this Agreement or to enter into an agreement to rescind any provisions hereof in a manner that is binding upon, increases the burdens upon or reduces the rights of the owners of other portions of the Project Site, save and except for that portion that is owned in fee simple by said owner.
A person taking ownership of any portion of the Project Site may request that he or she be allowed to use such portion of the Project Site for a use not currently permitted under this Agreement. The City Council shall have the right, in its sole discretion, to approve, conditionally approve or deny such request. The City Council shall not approve the request unless it finds that such use is consistent with the Vested Elements and will not increase the burdens upon or reduce the rights of the owners of other portions of the Project Site. If approved 07466519038443vl ?Farm at Alamo Creek
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by the City Council, such use shall be subject to those restrictions and conditions deemed appropriate by the City Council for such use.
Any parcel or property that is not part of the Project Site and that might, at the parties' option, become subject to this Agreement through an amendment hereof may, as a condition thereof and at City's option, be required to become a part of any community facilities district or assessment district created to fund the design, construction and maintenance of the infrastructure, landscape and other improvements of such district to the same extent as if said parcel or property had been part of the Project Site as of the commencement of the Term of this Agreement. In becoming a part of such district, the owner of said parcel or property may, at City's option, be assessed an additional amount as may be set by City to compensate for the costs previously borne by other owners within the district so that the added parcel or property is in the position it would have been in had it been part of the district ( and the planning for initiation and formation thereof) from its inception.
13.D. No Third Parties Benefited
No third party who is not a successor or permitted assign of a party hereto or who has not become a party by duly adopted amendment hereof may claim the benefits of any provision hereof.
SECTION 14. GENERAL PROVISIONS
14.A. Incorporation of Recitals
The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are incorporated herein as though set forth in full.
14.B. Rules In Effect at Time of Agreement
Except as expressly provided for in this Agreement to the contrary, Developer and the Project Site are subject to all rules, regulations, ordinances, procedures, standards, uniform codes, requirements, costs, exactions and processes of City applicable to development of property within City as the same are in effect at the time Developer seeks any land development approval including, but not limited to, subdivision of the Project Site, design review, zoning changes, building permits, or construction of on or off-site improvements or infrastructure.
14.C. Covenants
The provisions of this Agreement shall constitute covenants or servitudes which shall run with the land comprising the Project Site, and the burdens and benefits of this Agreement shall bind and inure to all estates and interests in the Project Site and all successors in interest to Developer.
From and after the date that certificates of occupancy have been issued ( or a final inspection is completed when no certificate of occupancy is required) for all buildings and improvements to b.e constructed on a parcel within the Project Site ( or with respect to a single-family residence on a single-family residential lot), such parcel shall not be burdened with the obligations of Developer under this Agreement. This provision shall not, however, affect any separate 074665\ 9038443vl 7Farm at Alamo Creek
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covenants, conditions and restrictions that specifically pertain or apply to such parcel or the use thereof.
14.D. Amendment of Agreement
This Agreement may be amended from time to time by mutual consent of the parties or their successors in interest, in accordance with the provisions of Government Code Section 65867 and 65688, and section 14.17 .218.020 of the Vacaville Municipal Code, and all amendments to this Agreement shall automatically become part of the Project Approvals, provided that any amendment to this Agreement which does not relate to the Tenn of this Agreement, permitted uses of the Project Site, provisions for the reservation or dedication of land, the conditions, terms, restrictions and requirements relating to subsequent discretionary approvals of City, or monetary exactions of Developer, shall be considered an "Administrative Amendment". The Director is authorized to execute Administrative Amendments on behalf of City and no action by the City Council ( e.g. Noticed public hearing) shall be required before the parties may enter into an Administrative Amendment. However, if in the judgment of the Director or any member of the City Council that a noticed public hearing on a proposed Administrative Amendment would be appropriate, City's Plarnring Commission shall conduct a noticed public hearing to consider whether the proposed Administrative Amendment should be approved or denied. No part of the Vested Elements may be revised or changed during the Term hereof without the consent of the owner of the portion of the Project Site to which the change applies (or that would be affected by any reduction or decrease in rights or increase in burdens caused by such change), unless expressly stated to the contrary in other Sections of this Agreement.
Any amendment to a Vested Element that, in the opinion of the parties, substantially deviates from the development contemplated by this Agreement shall require an amendment to this Agreement. However, any amendment of City land use regulations including, but not limited to, the General Plan, applicable Specific Plan or City's zoning ordinance, shall not require amendment of this Agreement. Instead, any such amendment shall be deemed to be incorporated into this Agreement at the time that such amendment is approved by the appropriate City decision maker, so long as such amendment is consistent with this Agreement and does not reduce the development rights granted to Developer by this Agreement pursuant to Section 2.D of this Agreement.
14.E. Project Is a Private Undertaking
The development proposed to be undertaken by Developer on the Project Site is a private development. Except for that portion thereof to be devoted to public improvements to be constructed by Developer in accordance with the Vested Elements, City shall have no interest in, responsibility for or duty to third persons concerning any of said improvements, and Developer shall exercise full dominion and control over the Project Site, subject only to the limitations and obligations of Developer contained in this Agreement.
14.F. Hold Harmless; Indemnification of City
An owner of any portion of the Project Site shall hold and save City, its officers and employees, harmless and defend and indemnify them of and from any and all claims, losses, costs, damages, 07466519038443vl7Farm at Alamo Creek
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injuries or expenses (including, but not limited to, attorney fees, expert witness and consultant fees, and other costs· of litigation) ( each a "Claim") arising out of (1) the failure or alleged failure of a person or entity, including but not limited to a general contractor, or its subcontractors, to pay prevailing wages as determined pursuant to Labor Code Sections 1720, et seq. to employ apprentices pursuant to Labor Code Sections 1777.5, and implementing regulations of the DIR or to comply with the other regulations of the DIR in connections with the development of such parcel; and (2) the injury to or death of persons or damage to property that arises during the development or construction of the Project, including any action or activity by City, on those portions of the Project Site owned by such owner; provided, however, that the foregoing hold harmless, defense and indemnity shall not include defense and indemnification against: (i) suits and actions brought by Developer by reason of City's default or alleged default hereunder, or (ii) suits and actions arising from the willful misconduct of the City, its officers and employees.
Notwithstanding anything to the contrary in this Agreement, upon termination of this Agreement the obligations under this Section.14.F shall survive only as to Claims that accrued prior to te1mination of the Agreement.
14.G. Cooperation In The Event Of Legal Challenge
In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any Project Approval or Subsequent Approval, the parties shall cooperate in defending such action or proceeding. City shall promptly notify Developer of any such action against City. If City fails to cooperate with Developer in the defense of such action, Developer shall not thereafter be responsible for City's defense. The parties shall use their best efforts to select mutually agreeable legal counsel to defend such action, and Developer shall pay the fees and expenses for such legal counsel and any expert witnesses. Developer's obligation to pay for legal counsel and expert witness fees shall not extend to fees incurred on a City-requested appeal unless otherwise authorized by Developer.
In the event City and Developer are unable to select mutually agreeable legal counsel to defend such action or proceeding, each party may select its own legal counsel at its own expense.
14.H. Notice
Any notice or communication required hereunder between. the parties shall be in writing, and may be given either personally or by registered or certified mail (return receipt requested). If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of: (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto., and any person or entity who acquires a portion of the Project Site, may at any time, by giving ten (10) days written notice to the other party hereto, designate a different address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their respective addresses set forth below:
Ifto City: Community Development Director
City of Vacaville
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Item 11.b
With a copy to:
If to Developer:
650 Merchant Street
Vacaville, California 95688
City Attorney
City of Vacaville
650 Merchant Street
Vacaville, California 95688
Vacaville S2 Investors, LLC
c/o D.R. Stephens and Company
465 California Street, Suite 330
San Francisco, CA 94104
Attn: Donald Stephens
14.I. No Joint Venture or Partnership
Nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as creating any joint venture or partnership between City and Developer.
14.J. Severability
If any provision of this Agreement is held to be invalid, void or unenforceable by a court of law but the remainder of this Agreement can be enforced without failure of material consideration to any party, then this Agreement shall remain in full force and effect, unless amended or modified in writing by mutual consent of the parties. If any material provision of this Agreement is held invalid, void or unenforceable, however, the owner of any portion of the Project Site affected by such holding shall have the right in its sole and absolute discretion, to terminate this Agreement ·as it applies to such portion of the Project Site, upon providing written notice of such termination to City.
14.K. Interpretation
To the maximum extent possible, this Agreement shall be construed to provide binding effect to the Vested Elements, to facilitate use of the Project Site as therein contemplated and to allow development to proceed upon all of the terms and conditions applicable thereto, including, without limitation, public improvements to be constructed and public areas to be dedicated.
14.L. Completion or Revocation
Upon completion of perfonnance by the parties or termination of this Agreement, a written statement acknowledging such completion or termination, signed by the appropriate agents of City and Developer, shall be recorded in the Office of the Recorder of the County of Solano, California.
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14.M. Estoppel Certificate
Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the best lmowledge of the certifying party: (i) this Agreement is in full force and effect and a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying such written amendments; (iii) the requesting party is •not in default in the performance of its obligations under this Agreement or, if in default, identifying the nature and amount of any such default; and or (iv) the Term of this Agreement. A party receiving a request hereunder shall execute and return such certificate or provide a written response explaining why it will not do so within thirty (30) days following the receipt thereof. Each party acknowledges that such a certificate may be relied upon by third parties acting in good faith. A certificate provided by City with respect to any portion of the Project Site shall be in recordable form and may be recorded by the requesting party with respect to the affected portion of the Project Site at the expense of the requesting party.
14.N. Construction
All parties have been represented by counsel in the preparation and review of this Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. Captions and section headings are provided for convenience only and shall not be deemed to limit, amend or affect the meaning of the provision to which they apply.
14.0. City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise by this Agreement. Notwithstanding the foregoing, the City Manager may in his sole and absolute discretion, or upon the request of the City Council, present any action or approval requested under this Agreement to the City Council for its consideration, action, and direction.
14.P. Extension of Time Limits. The time limits (other than the Term) set forth in this Agreement may be extended by mutual consent in writing of the parties without amendment to this Agreement.
14.Q. Counterpart Execution
This Agreement may be executed in any number of counterparts and shall be deemed -duly executed when each of the parties has executed such a counterpart.
14.R. :TI!!!!
Time is of the essence of each and every provision hereof.
14.S. Exhibits
The following exhibits are referenced in this Agreement and are attached to and incorporated by reference into this Agreement:
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EXHIBIT A- Legal Description
EXHIBIT B-Project Neighborhood Phasing
EXHIBIT C-Project Dedications
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year frrst above written.
"CITY"
CITY OF VACA VILLE,
a M · ipal Corporation
"DEVELOPER"
07466519038443vl 7Fann at Alamo Creek
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Approved as to form:
[ADD NOTARY CERTIFICATES]
41 Item 11.b
"A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." ·
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WITNESS
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Title or Type of Document: _____________ Document Date: -------~ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacify(ies)'IC!aimed DJ/ Signer(s)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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On January 14, 2019
Date
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WITNESS my hand and official seal.
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OPTIONAL
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Description of Attached Do.cument · Development Agreement By and Between the City of Vacaville and Vacaville S2 Investors, Title or Type of Document: LLC Regarding Dev. of Real Property Commonly Referred to as The Farm at Alamo Creek DocumentDate: December 11 2018 Number of Pages: 51 (including this page) Signer(s) Other Than Named Above: .sL,,an'"e'"B,,,.~S,cleeio,ch,ee,.,nse_ __________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ~L~eu~A~u.,.g,.,,u~st~in~e~------~ Sig ' Name:
□ Corporate Officer - Title(s): ______ _ □ Corpora fficer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ ited □ General □ Individual □ Attorney in Fact □ Individual Attorney in Fact □ Trustee □ Guardian of Conservator □ Trustee □ G · n of Conservator IJ1 Other: .,,M,,a,.,,,orc_ __________ _ □ Other:
Signer is Representing: City of Vacaville Signer is Representing: ______ ___:::,._-=--- ©2017 National Notary Association
Item 11.b
Exhibit A: Legal Description
LEGAL DESCRIPTION
THE FARM PROPERTY
The land referred to Is situate In the State of Callfomla, County of Solano, an unincorporated area, and Is described as follows
The Northwest Quarter of Section 24, Township 6 North, Range 1 Wast, M.D.B.&M.
EXCEPTING THEREFROM:
All that portion thereof lying within the bounds of the Southern Paclf,c Rallroad right-of-way.
ALSO EXCEPTING THEREFROM:
That certain Parcel of land described in the Deed from William H. MIiier and wife, to Solano Irrigation District dated June 111 1962 and recorded June 18, 1962 in Book 1146 of Official Records, Page 363, as Recortlers Instrument No.1507.
ALSO EXCEPTING from the lands herelnbefore described, that certain 0.674 acre portion thereof conveyed in Deed from WUJlam H. Miller and wife, to Harold D. MIiier and wife, dated November 7, 1961 and recorded -November 13, 1961 In Book 1108 of Official Records, Page 232, as Recorder's Instrument No.24828.
EXCEPTING THEREFROM:
An undivided 1/3 interest In all of the oil, gas and mineral rights In and under said land as conveyed to Hazel P. Miller by Quitclaim Deed recorded June 3, 1965 In Book 1341, Page 47, Serles No. 15123, Solano County Records.
ALSO EXCEPTING FROM the lands herelnbefore descrbed, that certain Parcel of land described as follows:
Beginning at the intersection of the West line cf SecUon 24, Township 6 Ndrth, Range 1 West, M.D.B.&M., with the North fine of the Southern Pacmc Railroad right-of-way (Rumsey-Elmira Branch) said West line also being the center line of County Road No. 131; thence from said point of beginning North along the West line of said Section 24 a distance of 257.00 feel; thence East 194.00 feet to the approximate center line of Alamo Creek; thence North 24° 37' 00° East along the approximate center line of said creek, 144.1 0 feet; thence West 254.00 feet to the West line of Section 24, as herelnbefore referred to; thence North along said West line, 199.82 feet; thence East 340.14 feet; thence South 508.26 feet 1o the North line of the Southern Pacific Railroad right-of way herein before referred to; thence North 88° 14' 30n West along the North line of said right--of-way, a distance of 340.30 feet to the point of beginning.
TOGETHER WITH:
All that portion of the Southwest Quarter of SecHon 24, Township 6 North, Range 1 West, M.D.B.&M., that lies North of the North fine of the r1ghl-of-wayof the Rumsey-Elmira Branch of the Southern Pacific Railroad Company.
EXCEPTING FROM the lands herelnbefore described, that certain Parcel of land described as follows:
Beginning at the Intersection of the West line of Section 24, Township 6 North, Range 1 West, M.D.B.&M., with the North line of the Southern Pacific Railroad right-of-way (Rumsey-Elmira Branch), said West fine also being the center fine of County Road No. 131; thence from said point of beginning North along the West fine of said Section 24 a distance of 257.00 feet; thence East 194.00 feet lo the approximate center line of Alamo Creek; thence North 24° 37' 00" East along the approximate center line of said creek, 144.10 feel; thence West 254.00 feel to the West fine of Section 24, as herein before lo; thence North along said West fine, 199.82 feel; thence East 340.14 feel; thence South 598.26 feet lo the 074665\ 9038443vl 7Fann at Alamo Creek
Development Agreement
Exhibit Al-I
Item 11.b
North line of Southern Pacific Railroad right-of-way herein before referred to; thence North 88° 14-' 30" West along the North line of said right-of-way, a distance of 340.30 feet to the point of beginning.
EXCEPTING THEREFROM:
An undivided 1/3 Interest in all of the oil, gas and mineral rights in and under said land as conveyed to Hazel P. Miller by Quitclaim Deed recorded.June 3, 1965 In Book 1341, Page 47, Series No. 15123, Solano County Records.
TOGETHER WITH:
Beginning at the Intersection of the quarter section llne between the East and West halves of Section 241 In Township 6 North, Range 1 West, Mount Diablo Base and Meridian, and the Northerly line of the rightof--way of the Rumsey Branch (at one time known as the Clear Lake Division) of the Southern Pacific Railroad, running thence along said Northerly line of said rlght...of -way Southeasterly 450 feet; thence at right angles North 09° 20' DO- East 39.00 feet to the middle of the bed of Alamo Creek; thence up stream along the middle of the bed of said creek in a Northwesterly direction 873 .. 00 feet to the quarter section line running North and South through said Section 24; thence said quarter section line South 00° 07' ao~ West 663.00 feet to the point of beginning.
EXCEPTING THEREFROM:
An undivided 1/3 Interest In all of Iha oil, gas and mlneral rights In and under said land as conveyed to Hazel P. MIiier by Quitclaim Deed recorded June 3, 1965in Book 1341, Page 47, Serles No, 16123, Solano County Records.
TOGETHER WITH:
Commencing at a point in the center of Alamo Creek, where the line running North and South through the center of Section 24, Township 6 North1 Range 1 West, M.D.B.&M., crosses said creek; running thence North 00°16' 00° East along said quarter section line, 12.04 chains to a post which Is South 00° 16' 00° West 19.42 chains from a Point where said quarter section line intersects the center of County Road No. 101; thence running due East 20.02 chainsi thence North 00" 07' oo~ East 4.85 chains to a post; thence North 88° 45' oo• East 20.015 chains to the center of County Road No. 165; thence South along the center of said county road 30 chains, more or less, to a point on the East Bank of Alamo Creek; thence Northwesterly to and along said Alamo Creek following the meanderings thereof, about 49.22 chains to the place of beginning, and being a portion of the East 1/2 of said Section 24, Township 6 North, Range 1 West, M.D.B.&M. for a more particular description reference is hereby made to a Map of Survey for M.J.
Drobey1 Lee Billlngs, C.P. Allison, etal, made by E.N. Eager, SuNeyor, April 18, 1911 and flledfor record In the Office of the County Recorder of Solano county, in Book 3 of Maps, Page 35.
EXCEPTING THEREFROM:
That certain Parcel of land described in Deed from William H. MIiier and wife, to Solano Irrigation D/sbict, dated June 11, 1962 and recorded June 18, 1g521n Book 1148 of Official Records, Page 363, as Instrument No. 15107.
ALSO EXCEPTING FROM the lands hereinbefore de.,cnbed, that certain Parcel of land described as follows: Beginning at the intersection of the East llne of Section 24, Township 6 North, Range 1 West, M.D.B.&M., with the North line of the Southern Pacific Railroad right-of-way (Rumsey-Elmira Branch); thence from said point of beginning, Northwesterly along the Northerly line of said rallroad right-of-way on a curve to the right with a radius of 17988.95 feet and a central angle of 00° 15' 03ff for a distance of
78.75feet, said curve having a chord bearing a length of North 80° 48' 4r West, 78.74 feet; thence continuing along the Northerly line of said railroad right.of-way North 80° 41" 15" West, 540.06 fee~ thence North 427.04 feetj thence East 610.67 feet to the East line of Section 24, said East llne also being the center line of County Road No. 165; thence South along the East lliie of Section 24, a distance of 527.01 feet to the point of beginning. '
ALSO EXCEPTING FROM all that land lying east of the west line of that Pacific Gas and Elecbio tower easement described in the deed recorded In Book 268 of Deeds at page 328. 07466519038443vl 7Fann at Alamo Creek
Development Agreement
Exhibit Al-2
Item 11.b
EXCEPTING THEREFROM:
An undivided 1/3 Interest In all of the oil, gas and mineral rights in and under said land as conveyed to Hazel P. MIiier by Quitclaim Deed recorded June 3, 1965 In Book 1341, Page 47, Sertes No.15123, Solano County Records.
TOGETHER WITH:
Beginning at a point on the North line of the right-of-way of the Cf ear Lake Division of the Southern Pacific Railroad In the Southeast Quarter of Section 24, Township 6 North, Range 1 West, M.D.B.&M., which pointis 46 feel Westerly from the Mount Dlablo Base Meridian; thence along the North line of said righlof-way, North aoci 40' oon West 2192 feet to a point which Is 450 feet Southeasterly along said raifroad from the quarter section Hne; thence at right angles to rallroad North 09° 20' 00" East 39.00 feet to the middle of the bed of Alamo Creek; thence down same In an Easterly and Southerly direction about 2560 feet to the point of beginning, and being part of the Southeast Quarter of Section 24, In Township 6 North, Range 1 West, M.D.B.&M.
EXCEPTING FROM the lands hereinbefore described that certain Parcel of land described as follows:
Beginning at the Intersection of the East fine of Section 24, Township 6 North, Range 1 West, M.D.B.&M., wtth the North line of the Southern Pacific Railroad rlghl-of-way(Rumsey-ElmiraBranch); thence from said point of beginning, Northwesterly along tho Northerly line of said railroad right-of-way en a curve to the right with a radius of 17988.95 feet and a central angle of 00' 15' 03' fora distance of78.75 feet, said cuive having a chord bearing and length of North 80" 48' 47~ West, 78.74 feet; thence continuing along the Northerly line of said railroad rtghl-of-way North 80° 41' 15' West 540.06 fee~ thence North 427.04 feet; thence East 610.67 feet to the East line of Section 24, said East line also being the center line of County Road No. 165; thence South along the East line of said Section 24, a distance of 527.01 feet to the point of beginning.
ALSO EXCEPTING FROM all that rand lying east of the west llne of that Pacific Gas and Electric tower easement described In the deed recorded In Book 268 of Deeds at page 328.
EXCEPTING THEREFROM:
An undivided 1/3 interest in all of the oil, gas and mineral rights In and under said land as conveyed to Hazel P. Miller by Qultclaim Deed recorded June 3, 1965 In Book 1341, Page 47, Serles No.15123, Solano County Records.
APN: 0138-010-030 & 013B-o10-050
The land referred to is situated in the unincorporated area of the County of Solano, State of Callfornla and is described as follows;
Containing 189.15Acres, more or Jess.
See Exhibit plat to accompany description, attached hereto and made a part hereof.
This Legal Description was prepared by or under the direction of:
~ f0 •»1'i'J
Thomas A. Phillippi, RCE 32067 Date
07466519038443vl 7Fann at Alamo Creek
Development Agreement
Exhibit Al-3
Item 11.b
0 N0017'12"W HAWKINS ROAD
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ST """iOIB00'3osouN AR" ...,,CIC tnr7)4111- °"" (71<1)~...,- Item 11.b
ExhibitB
Project Neighborhood Phasing
Item 11.b
THE FARM
AT---;;JJiiiiiO CREEK
07466519038443vl ?Farm at Alamo Creek
Development Agreement
Exhibit Bl
1 RL 6 -48 UNITS
2 RLM 3.6 - 50 UNITS
3 CN
4 RLM 3.6 - 44 UNITS
5 RLM 4.5 - 48 UNITS
6 RLM 4.5- 39 UNITS
7 RLM 3.6 - 69 UNITS
a RL 5 - 34 UNITS
9 RMH -40 UNITS
10 RMH-124 UNITS
11 CF- CITYWELLS!TE
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19 OPEN SPACE
20 CF- DETENTION BASIN
21 CF
22 CF
23 CF
24 RL5-90UNITS
25 RLS-162 UNITS
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EXHIBIT B1 - SITE LAYOll_T 07-24-2018
Item 11.b
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THE FARM
AT ALAMO CREEK
074665\ 9038443vl 7Farm a!Alamo Creek
Development Agreement
EXHIBIT B2 • NEIGHBORHOOD PHASING PLAN
ExhibitB2
07-16-2018
Item 11.b
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AT ALAMO CREEK
074665\ 9038443vl7Farm at Alamo Creek
Development AgrCement
El.MlAA ROAD
ExhibitB3
----~--·---..:---- EXHIBIT B3 - SID PHASING PLAN FOR UNDERGROUND/NG IRRIGATION
FACILITY ALONG LEISURE TOWN ROAD
AND HAWKINS ROAD
I
07-16-2018
Item 11.b
Exhibit C
Project Dedications
Item 11.b
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THE FARM EXHIBIT C • PARKS, OPEN SPACES AND TRAILS DEDICATION
AT ALAMO CREEK
10-11-2018
~
Item 11.b
Item 11.b
The Farm at Alamo Creek
Vacaville, CA
Specific Plan
30 June 2018
Item 11.b
Intentionally Left Bank
Item 11.b
ACKNOWLEDGEMENTS
Vacaville City Council
• Len Augustine, Mayor
• Ron Rowlett, Vice Mayor
• Mitch Mashburn, Councilmember
• Dilenna Harris, Councilmember
• Curtis Hunt, Councilmember
City Staff
• Barton Brierley, Community Development Director
• Amy Feagans, Contract Planner
Owner-Project Applicant
• Vacaville S2 Investors LLC
c/o D.R. Stephens & Company
465 California Street
Suite 330
San Francisco, CA 94104
Vacaville Planning Commission
• Shannon Nadasdy, Chair
• Brett Johnson
• Joe Niccoli
• Bob Macauley
• Jan Aldrich
• Shelley Martin
• Gregg Spanos
Consultants
• SWA
2200 Bridgeway Blvd.
Sausalito, CA 94965
(415) 332-5100
• Phillippi Engineering, Inc
425 Merchant Street Suite 200
Vacaville, CA 95688
(707) 451-6556
Item 11.b
Item 11.b
TABLE OF CONTENTS
1 PROJECT VISION AND SITE
1.0 INTRODUCTION ...........................................................11
1.0.1 Site............................................................................................... 12
1.1 OBJECTIVES AND GOALS .............................................16
1.1.1 Housing Goals ........................................................................... 16
1.1.2 Open Space Goals .................................................................... 16
1.1.3 Environment and Sustainability ............................................ 17
1.1.4 Other Goals................................................................................ 18 2 PROGRAM AND AMENITIES
2.0 INTRODUCTION ...........................................................21
2.1 AMENITIES ..................................................................23
2.1.1 Community Clubhouse .......................................................... 23
2.1.2 Community Park ....................................................................... 23
2.1.3 Improvements to Leisure Town Road (Jepson Parkway) .. 28
2.1.4 Landscaped Detention Basin ................................................. 28
2.1.5 New Pocket Parks ..................................................................... 28
2.1.6 Trail System................................................................................ 28
2.1.7 Variety of Housing Types......................................................... 29
2.1.8 Neighborhood Commercial Properties................................ 30 3 LEGAL AND PLANNING CONTEXT
3.0 INTRODUCTION ..........................................................33
3.1 LEGAL CONTEXT .........................................................34
3.1.1 Authority to Prepare ................................................................ 34
3.1.2 Purpose and Intent................................................................... 34
3. 2 PLANNING CONTEXT...................................................35
3.2.1 Regional Planning Context..................................................... 35
3.2.2 Site Planning Context.............................................................. 35
3.2.2.1 Project Area Description...................................................... 35
3.2.2.2 Property Ownership.............................................................. 35
3.2.3 Planning History ....................................................................... 35 4 LAND USE
4.0 INTRODUCTION ..........................................................37
4.1 LAND USE ....................................................................38
4.1.1 Residential Design Standards Unique to the Farm at Alamo Creek 39 4.1.2 Commerical Design Standards............................................... 43
4.1.3 Residential Building Standards.............................................. 44
4.1.4 Parking Standards..................................................................... 44
4.1.5 Other Development Standards.............................................. 44 5 DESIGN CRITERIA
5.0 INTRODUCTION ...........................................................55
5.1 ARCHITECTURE ............................................................56
5.2 COMMUNITY DESIGN ..................................................59
5.2.1 Community Design Theme ..................................................... 59
5.2.2 Paving and Hardscape ............................................................. 59
5.2.3 Site Furnishings and Material ................................................ 60
5.2.4 Signage ....................................................................................... 60
5.2.5 Entry Features ........................................................................... 60
5.2.6 Fences and Walls....................................................................... 60
5.2.7 Lighting ...................................................................................... 61
5.2.8 Planting Design ........................................................................ 62
5.2.9 Edible and Agricultural Landscape ...................................... 63
5.2.11 Trail Network ........................................................................... 68 Item 11.b
TABLE OF CONTENTS
6 TRANSPORTATION AND CIRCULATION
6.0 INTRODUCTION ..........................................................71
6.1 EXISTING SETTING.......................................................72
6.1.1 Leisure Town Road..................................................................... 72
6.1.2 Elmira Road................................................................................ 72
6.1.3 Carroll Way ................................................................................. 73
6.1.4 Hawkins Road ............................................................................ 73
6.1.5 Enhanced Residential Streets with Trail............................... 73
6.1.6 Residential Streets with Separated Sidewalks.................... 73
6.2 CONNECTIONS .............................................................74
6.2.1 Vehicular Street Network........................................................ 74
6.2.2 Non-Vehicular Circulation Network...................................... 74
6.2.3 Transit.......................................................................................... 75 7 RECREATION, OPEN SPACE, AND RESOURCE MANAGEMENT
7.0 INTRODUCTION............................................................93
7.1 OPEN SPACE AND RECREATION....................................94
7.1.1 Central Neighborhood Park and Clubhouse ....................... 94
7.1.2 Pocket Parks............................................................................... 95
7.1.3 Play-4-All Park and Community Park.................................... 95
7.1.4 Old Alamo Creek Open Space and Trail ............................... 96
7.1.5 Detention Basin ........................................................................ 96
7.1.6 Agriculture Buffer ..................................................................... 97
7.1.7 Orchard ....................................................................................... 97 8 PUBLIC FACILITIES
8.0 INTRODUCTION .........................................................111
8.1 WATER SUPPLY ..........................................................112
8.1.1 Potable Water Supply ............................................................ 112
8.1.2 Non-Potable Water Supply ................................................... 112
8.1.3 Abandon Existing Wells......................................................... 112
8.1.4 New City of Vacaville Well Site.............................................. 112
8.2 SEWER .......................................................................116
8.2.1 Abandon Existing Septic Tanks and Leach Fields ............ 116
8.3 STORM DRAINAGE .....................................................117
8.3.1 Existing Setting....................................................................... 117
8.3.2 Completion of Storm Drainage Improvements................ 117
8.4 STORM WATER QUALITY ............................................120
8.5 FLOODPLAINS............................................................120 9 COMMUNITY SERVICES AND FACILITIES
9.0 INTRODUCTION .........................................................125
9.1 FIRE PROTECTION......................................................126
9.2 POLICE ......................................................................126
9.3 PARKS AND RECREATION ...........................................126
9.4 SCHOOLS ...................................................................127
9.5 SOLID WASTE.............................................................127 10 IMPLEMENTATION
10.1 ADMINISTRATION OF THE SPECIFIC PLAN................129
10.1.1 Responsibilities for Administration of the Specific Plan130
10.2 DEVELOPMENT REVIEW ...........................................130
10.2.1 Mitigation Monitoring......................................................... 130
10.2.2 Project Master Utility Plans and Fair Share Cost Allocation 130
10.3 PROJECT PHASING FOR INFRASTRUCTURE ..............130
10.3.1 Phase 1 ................................................................................... 132
10.3.2 Phase 2 .................................................................................. 135
10.3.3 Phase 3 .................................................................................. 137
10.3.4 Phase 4 ................................................................................... 139
10.3.5 Phase 5 ................................................................................... 141 Item 11.b
10.4 GENERAL NOTES FOR DEVELOPMENT ......................141
10.4.1 General Notes ....................................................................... 141
10.4.2 Fire Department General Notes ........................................ 143
10.5 FUNDING MECHANISMS...........................................143
10.5.1 City Impact Fees................................................................... 143
10.5.2 School Impact Fees.............................................................. 143
10.5.3 Park and Recreation Fees.................................................... 144
10.6 MAINTENANCE ........................................................144
10.6.1 Public Safety District (CFD 11) .......................................... 144
10.6.2 Lighting and Landscape District ...................................... 144
10.6.3 Parks Maintenance District................................................. 144
10.7 PROCEDURE FOR AMENDING THE SPECIFIC PLAN....145
10.7.1 Screening of Proposed Amendments .............................. 145
10.7.2 Administrative Amendments............................................. 145
10.7.3 Major Amendments ............................................................. 145 Item 11.b
INDEX OF FIGURES
Figure 1.1: Regional Map ................................................................... 12 Figure 1.2: Vicinity Map...................................................................... 13 Figure 1.3: Property Ownership........................................................ 14 Figure 1.4: Aerial Photo...................................................................... 15 Figure 2.1: Play-4-All Park Concept ................................................ 24 Figure 2.2: Community Park Concept............................................. 25 Figure 2.3: Neighborhood Park & Club House Concept .............. 26 Figure 2.4: Pocket Park ....................................................................... 27 Variety of Architectural Styles .......................................................... 29 Figure 2.5: Northwest Commercial Area Concept ....................... 30 Figure 2.6: Southwest Commercial Area Concept ........................ 31 Figure 2.3: The Farm at Alamo Creek Preliminary Concept Plan 32 Figure 4.1: Proposed Land Use ......................................................... 40 Figure 4.2: Proposed Zoning ............................................................. 41 Figure 4.3.1: RL - 6: Neighborhoods................................................ 45 Figure 4.3.1.1: RL- 6: Neighborhoods Facing Carroll Way ......... 46 Figure 4.3.2: RL-5(55’ Wide) : Neighborhood ................................. 47 Figure 4.3.2.1: Side Loaded Neighborhood.................................... 48 Figure 4.3.3: RL-5(50’ Wide) : Neighborhood ................................. 49 Figure 4.3.3.1: RL-5(50’ Wide) : Neighborhood .............................. 50 Figure 4.3.4: RLM-4.5: Neighborhood ............................................. 51 Figure 4.3.5: RLM-3.6: Neighborhoods............................................ 52 Figure 4.3.6: RMH: Neighborhoods.................................................. 53 Figure 5.1: Conceptual Development Plan ................................... 58 with approximate unit counts .......................................................... 58 Figure 5.2: Community Entry Monuments..................................... 69 Figure 6.1: Vehicular Circulation System ........................................ 76 Figure 6.2: Street Network Key Plan ................................................ 77 Figure 6.2.1: Leisure Town Road ....................................................... 78 Figure 6.2.2A: Elmira Road (East of Roundabout)......................... 79 Figure 6.2.2B: Elmira Road (West of Roundabout) ....................... 80 Figure 6.2.3: Carroll Way..................................................................... 81 Figure 6.2.4A: Hawkins Road -West of Roundabout (Ultimate) . 82 Figure 6.2.4B: Hawkins Road -West of Roundabout (Ultimate) . 83 Figure 6.2.4C: Hawkins Road -East of Roundabout (Interim) ..... 84 Figure 6.2.5A: Camino Arroyo ........................................................... 85 Figure 6.2.5B: Camino Beltran........................................................... 86 Figure 6.2.5C: Camino Beltran & Camino Hacienda ..................... 87 Figure 6.2.6: Residential Street (Typ.).............................................. 88 Figure 6.2.7: Intersection at Camino Arroyo & Carroll Way......... 89 Figure 6.2.8: Entry at Camino Beltran.............................................. 90 Figure 6.3: Non Vehicular Circulation System................................ 91 Figure 7.1.A: Residental Streets........................................................ 98 Figure 7.1.B: Camino Beltrain............................................................ 99 Figure 7.1.A: 1-Street with Trail ...................................................... 100 Figure 7.2.A: Camino Arroyo ........................................................... 101 Figure 7.2.B: Carroll Way ................................................................. 102 Figure 7.2.C: Hawkins Road - Ultimate.......................................... 103 Figure 7.3.A: Leisure Town Road..................................................... 104 Figure 7.3.B : South Bank Pond at Elmira Road ........................... 105 Figure 7.4.A: North Bank Pond at Elmira Road ............................ 106 Figure 7.4.B: North Bank Alamo Creek at Camino Arroyo ......... 107 Figure 7.5 Alamo Creek at Rosebud Way ...................................... 108 Figure 7.6: Pedestrian Bridge at Camino Arroyo ......................... 109 Figure 8.1.1: Water Distribution System ....................................... 113 Figure 8.1.2: Non-potable Water Distribution System............... 114 Figure 8.1.3: City Well Site ............................................................... 115 Figure 8.2.1: Sewer Collection System Plan ................................. 116 Figure 8.3.1: Off-site Storm Drain Improvements....................... 118 Figure 8.3.2: Proposed Storm Drain Master Plan ........................ 119 Figure 8.4: Existing FEMA Map ...................................................... 121 Figure 8.5: Proposed Dry Utilities Master Plan ............................ 122 Figure 10.1: Phasing Plan................................................................. 131 Figure 10.1.1A: Phase 1 Detention Basin Plan............................. 133 Figure 10.2: Phase 2 Plan ................................................................. 135 Figure 10.3: Phase 3 Plan ................................................................. 137 Figure 10.4: Phase 4 Plan ................................................................. 139 Figure 10.5: Phase 5 Plan ................................................................. 141 Item 11.b
APPENDIX
Appendix A: Relationship to the General Plan............................ 145 Item 11.b
Item 11.b
11 chapter 1
PROJECT VISION + SITE
1.0 Introduction
1.1 Objectives and Goals
1.0 INTRODUCTION
A new residential community reflective of the agrarian spirit of the city of Vacaville
The Farm at Alamo Creek is a new neighborhood in the City of Vacaville, reflective of the agrarian environment and character of the region. The project will provide an ideal setting to implement the best and most current practices of urban planning.
The neighborhood’s diverse housing choices will encourage a true blending of generations, from young business professionals to large families with children and older adults. It will be a place where modern living meets the tradition of agrarian California, allowing its residents to enjoy a healthy quality of life, where opportunities for outdoor recreation and socialization abound, and fresh farm-to-table food is an everyday reality.
The project presents an opportunity for the City of Vacaville to create a model community along its edges, a high-quality development that provides recreational, housing, and commercial services with a strong sense of local identity. 1 PROJECT VISION AND SITE
Item 11.b
12 chapter 1
1.0.1 Site
The Farm at Alamo Creek Specific Plan area
comprises 210.5 acres and is bounded by Leisure Town Road (Future Jepson Parkway) on the west, Hawkins Road on the north, Elmira Road
on the south and the P.G. & E. Power Lines on
the east. (See Figure 1.1 Regional Map and Figure 1.2 Vicinity Map.) Control of the developable property consists of two land owners (See Figure 1.3 The Farm at Alamo Creek Property
owners). For a contextual view See Figure 1.4
The Farm at Alamo Creek Satellite Photo.
The Farm at Alamo Creek is consistent with the
Vacaville General Plan. Approximately 189.1
acres of the property within the Specific Plan
is owned by Vacaville S2 Investors LLC which
has initiated the preparation of this Specific
Plan and associated General Plan amendment
application.
Figure 1.1: Regional Map
SEE FIGURE
1.2 VACAVILLE
VICINITY MAP
FOR PROJECT
LOCATION
Item 11.b
The Farm at Alamo Creek Specific Plan 13
Vacaville, CA
PROJEC T VISION + SITE
PROJECT
SITE
CITY OF VACAVILLE HAWKINS ROAD
ELMIRA ROAD
LEISURE TOWN ROAD
Figure 1.2: Vicinity Map
Item 11.b
14 chapter 1
Figure 1.3: Property Ownership
Item 11.b
The Farm at Alamo Creek Specific Plan 15
Vacaville, CA
Figure 1.4: Aerial Photo
PROJECT
SITE
HAWKINS ROAD
ALAMO CREEK
ULATIS DRIVE
ELMIRA ROAD
LEISURE TOWN ROAD
PROJEC T VISION + SITE Item 11.b
16 1.1.1 Housing Goals
Housing choices have been selected in response to demographic trends and market demands. These housing types are suitable for a variety of residents, including families, small households, working professionals and older adults.
1.1.2 Open Space Goals
The Farm at Alamo Creek Property provides a variety of
open spaces addressing the outdoor recreational needs of the residents, emphasizing the agrarian/food producing
character of the landscape, protecting, and enhancing the existing natural features (Old Alamo Creek) and providing multiple places for social interaction and community building.
The community park and clubhouse, at the heart of the
neighborhood, and the two nearby pocket parks, to the
north and to the south of the central residential “spine”, function as local catalysts for neighborhood activities.
The proposed orchard along Leisure Town Road, the large Play-4-All Park, along the south edge of the community, and the creek park create a green buffer between the community and the adjacent neighborhoods and provide larger, more extensive, opportunities for outdoor play activities.
1.1 OBJECTIVES AND GOALS
A framework for a new, vibrant, open-space and
recreation oriented community
The primary objective of The Farm at Alamo Creek
Specific Plan is to create the framework for a
vibrant new open-space and recreation oriented
community with development standards and a
land use plan for the area that will reinforce the
overall qualitative goals of the City of Vacaville.
Numerous public benefits will occur with the development of The Farm at Alamo Creek: • The proposed new community will promote health and wellness through its extensive
pedestrian and bicycle trails, its outdoor
recreation areas, and the opportunities
provided for social interaction and access
to fresh food.
• The Farm at Alamo Creek will provide
an enhanced pedestrian and bicycle
experience integrating the proposed
paths with the existing and proposed
natural assets (the creek, detention basin
and the parks) and creating a variety of
destinations and focal points throughout
the community.
• The proposed development will expand
traditional housing types and planning
criteria to include multi-generational living
opportunities and a variety of densities for
a broader spectrum of residents.
• Sustainability and environmental
stewardships will permeate all aspects of
life and all activities within the community.
• The identity of the community will be reinforced
through specific design elements (paving, furnishings,
etc) to create a strong sense of place. Pavements and
furnishings shall be attractive, durable, high quaity
materials that require minimal long term mainenance.
• The use of productive landscape species along Leisure Town Parkway and other private lands along with nearby
farming activities will strengthen the identity of the
community, provide opportunities for locally produced
foods, and improve the overall health of residents.
chapter 1 Item 11.b
The Farm at Alamo Creek Specific Plan 17
Vacaville, CA
• Water Conservation Measures: The Farm
at Alamo Creek will incorporate measures aimed
at reducing overall water demands for potable
water. The planting design will emphasize the use
of native, drought tolerant species throughout
the entire site.
• Storm Water Management Practices:
Stormwater quality control measures will be
developed and implemented during the development of the project. These measures are expected to include site design measures, source
control measures and treatment control measures. Best Management Practice (BMP) features that treat runoff close to the source, such as
bio-swales, vegetated swales and other state-ofthe-art techniques will be incorporated into the design of the project to clean storm water runoff
before it enters off-site drainageways. The most
significant BMP feature is the large detention
basin proposed at the southeast edge of the site,
which will collect runoff overflow from the Old
Alamo Creek. Other features will include biofiltration swales and grasses swales within entry roads medians.
1.1.3 Environment and Sustainability
The Farm at Alamo Creek’s overarching sustainability
objectives will include the practical and responsible
application of building efficiency, low impact development, smart growth planning principles to reduce energy use and greenhouse gas emissions, conserve
resources, and provide for interpretive learning opportunities. The homes will all comply with the 2017 California Building Code for Energy Efficiency and with the City of Vacaville General Plan for compliance with
Green House Gas emissions.
• Transportation Measures: The transportation
sector accounts for more than half of local GHG emissions. The project will address vehicle emissions as an aspect of sustainability creating new linkages to the
City’s existing bicycle and pedestrian network. The
Farm at Alamo Creek is designed at a pedestrian scale
with distances among uses short enough to walk and
bike: every residence is approximately within 300 feet
of a pedestrian park or open space area or trail.
• Local Food Production: The project will incorporate fruiting trees into the private ornamental landscape. Additionally, a proposed orchard will function as buffer between the residential community and Leisure
Town Road, mitigating the acoustic, visual and pollution impact of the road and creating a food source • Interpretive and Educational Opportunities:
The project will raise sustainability awareness through interpretive signage and putting particular emphasis
on the benefits of local food supplies through related
educational opportunities.
PROJEC T VISION + SITE Item 11.b
18 chapter 1
1.1.4 Other Goals
The Farm at Alamo Creek Specific Plan goals for land use and design, circulation, resource management, public utilities and services can be found in their respective chapters:
Chapter 3 – Land Use
Chapter 4 – Transportation and Circulation
Chapter 5 – Recreation, Open Space, and Resource Management Chapter 6 – Public Facilities
Chapter 7 – Community Services and Facilities
Item 11.b
The Farm at Alamo Creek Specific Plan 19
Vacaville, CA
PROJEC T VISION + SITE Item 11.b
Item 11.b
21 2 PROGRAM AND AMENITIES
chapter 2
PROGRAM + AMENITIES
2.0 Introduction
2.1 Amenities
2.0 INTRODUCTION
In addition to a wide variety of housing types in a walkable neighborhood, The Farm at Alamo Creek will provide a variety of public and private parks and green spaces, integrating the new community with the existing natural context Fully one-quarter of the proposed project includes open space, park, and trail amenities along with other benefits as outlined below (See Figure 3.1 Proposed Land Use):
• 45.2 acres of various parks and trails:
• A 4.7-acre central community clubhouse, neighborhood pool, parklike setting, and ample parking.
• Two neighborhood pocket parks:
• An approximately 11.2-acre community park along with an 8.2-acre privately funded Play-4-All Park with ample parking.
Item 11.b
22 chapter 2
• A naturally landscaped passive park and enhanced trails along Old Alamo Creek
• A landscaped detention basin with surrounding recreational trail/maintenance-access road which will also serve as a retention basin, wildlife habitat and water quality feature.
• Trails and convenient pedestrian pathways throughout neighborhood. • Improvements to Leisure Town Road (in conformance with Jepson Parkway Plan). In conjunction with the widening of Leisure Town Road the project will install a unique back-up landscaping feature which will include a 6-foot-high earthen berm, planted orchards, and a rural fence. This area will be owned and maintained by the HOA.
Item 11.b
The Farm at Alamo Creek Specific Plan 23
Vacaville, CA
PROGRAM + AMENITIES
2.1 AMENITIES
2.1.1 Community Clubhouse
The community clubhouse and pool in a parklike setting will function as the social and activity ‘heart’ of the neighborhood. The centrally located site and facility will provide pool and recreation facilities for the neighborhood.
2.1.2 Community Park
The 11.2-acre community park is intended to provide a wide range of recreational options for residents and nearby neighbors. The park wil provide a green, buffer between the future school site and Elmira Road. An agricultural rail fence, similar to the low fence on Leisure Town Parkway may line the roadway frontages. Two pedestrian bridges will span Old Alamo Creek, connecting the parallel trails and the new neighborhood with the fields and facilities. The community park may include facilities subject to design by the City Parks and Recreation Department including:
• Two soccer fields
• A baseball diamond
• Enhanced trails and naturally landscaped passive park along Alamo Creek
In addition there is an 8.2-acre ‘Play-4-All Park’, which is proposed to be privately funded and designed for children of all abilities and disabilities. The Play-4-All Park will be fenced and will likely include facilities such as:
• An 8,000 SF play structure
• Two mini ballparks designed for Challenger Leagues, Tee Ball, and adult whiffle ball
• A town square
• Two dog parks
Item 11.b
24 Figure 2.1: Play-4-All Park Concept
chapter 2 Item 11.b
The Farm at Alamo Creek Specific Plan 25
Vacaville, CA
Figure 2.2: Community Park Concept
PROGRAM + AMENITIES
FENCE
Item 11.b
26 0 64’32’ N
COMMUNITY CLUB HOUSE
GARDENS
PLAYGROUND
SWIMMING POOL
LAWN
PICNIC AREAS
CANOPY
CAMINO BELTRAN
CAMINO HACIENDA
Figure 2.3: Neighborhood Park & Club House Concept
chapter 2 Item 11.b
The Farm at Alamo Creek Specific Plan 27
Vacaville, CA
0 32’16’ N
Figure 2.4: Pocket Park
CAMINO BELTRAN
HOUSING PARCELHOUSING PARCEL
PICNIC AREA
PLAYGROUND
LAWN
6’ WALKING
PATH
GARDENS
PROGRAM + AMENITIES Item 11.b
28 2.1.3 Improvements to Leisure Town Road (Jepson Parkway) The Solano Transportation Authority (STA) has adopted the Jepson Parkway Plan Line which details widening and landscaping improvements along Leisure Town Road which will eventually become Jepson Parkway. With development of The Farm at Alamo Creek the frontage improvements for Jepson Parkway along with the landscaping improvements will be constructed along this key corridor serving Fairfield and Vacaville. In addition, the project is proposing a unique treatment of the frontage that will reinforce the farm-to-table concept for the neighborhood. Replacing the conventional 6-foot sound wall and landscaping, the project will install a 6’ high earthen berm with a 5:1 slope landscaped with orchard trees and topped with a 3-rail open fence.
2.1.4 Landscaped Detention Basin
A large landscaped detention basin will provide both a recreational amenity and functional wildlife habitat in addition to treating on-site stormwater flows from the neighborhood.
A maintenance road/recreational pathway will surround the feature connecting to the Old Alamo Creek pedestrian and bike trail and to the on-site pathways. Landscaping will be designed to screen the basin and minimize attractiveness to waterfowl and large nesting birds which can be a hazard to aviation. This ‘green infrastructure’ approach avoids the need for large mechanical pump stations and associated infrastructure.
2.1.5 New Pocket Parks
Development of The Farm at Alamo Creek will result in the creation of two “pocket parks” totaling 2.5 acres in size which will be maintained by the HOA. These proposed parks provide small, localized recreational amenities such as picnic areas, seating, play structures, ornamental planting or other elements in close proximity to homes and will be linked via an enhanced multiuse trail.
2.1.6 Trail System
In addition to the proposed parks, a series of multiuse trails will be constructed throughout the community which will provide pedestrian and bicycle friendly connections to all facilities. The Farm at Alamo Creek project will be constructing approximately 5.1 miles of trails.
chapter 2 Item 11.b
The Farm at Alamo Creek Specific Plan 29
Vacaville, CA
Variety of Architectural Styles
PROGRAM + AMENITIES
2.1.7 Variety of Housing Types
The Farm at Alamo Creek development will include a wide variety of housing types with an emphasis on medium density development. 32% of the proposed homes will be moderate density, while 25% will be high density which will include an attached “duet” product. 43% of the new housing will be a variety of low density, single-family residential homes.
A variety of floor plans and architectural styles will be encouraged., and developers of each phase will provide define the mix and styles of homes for each phase. These plans will be subject to the City’s Design Reveiw process.
Item 11.b
30 2.1.8 Neighborhood Commercial Properties
The Farm at Alamo Creek includes two neighborhood commercial properties designed to serve the residents of the development and those living nearby. The northernmost site, at the southeast corner of Leisure Town Road at Hawkins Road, is approximately 4 acres in size. Figure 2.5 depicts a conceptual development plan of the site and shows a right turn in and out driveway that will be allowed on Leisure Town Road subject to the review and approval of the Director of Public Works Director. Figure 2.6 depicts a conceptual development plan on the southernmost commercial parcel (commonly referred to as the Papin Property) is which fronts Leisure .
Certain development criteria for this property (driveway locations and utilities) is included in a separate agreement between the City of Vacaville and the Papin family.
Figure 2.5: Northwest Commercial Area Concept
Item 11.b
The Farm at Alamo Creek Specific Plan 31
Vacaville, CA
Figure 2.6: Southwest Commercial Area Concept
Item 11.b
N 0 250’ 500’
1 1
3 3
4 5
6 7 8
9 7
1 “ORCHARD BUFFER“
LEGEND
3 POCKET PARK
4 GREENWAY & TRAIL
5 PLAY-4-ALL PARK
6 COMMUNITY PARK
7 PEDESTRIAN BRIDGE
8 OLD ALAMO CREEK
PARK AND TRAIL
9 AGRICULTURE BUFFER
10 DETENTION BASIN
& RECREATION TRAIL
2 NEIGHBORHOOD
PARK & CLUB HOUSE
2 10
Figure 2.3: The Farm at Alamo Creek Preliminary Concept Plan Item 11.b
33 chapter 3
LEGAL + PLANNING CONTEXT
3.0 Introduction
3.1 Legal Context
3.2 Planning Context
3.0 INTRODUCTION
A Specific Plan is a planning and regulatory tool made available to local governments by the State of California. By law, Specific Plans are intended to implement a city or county’s General Plan through the development of policies, programs and regulations that provide an intermediate level of detail between the General Plan and individual development projects. As a mechanism for the implementation of the goals and policies of a City’s General Plan, State law stipulates that Specific Plans can only be adopted or amended if they are consistent with the jurisdiction’s adopted General Plan.
3 LEGAL AND PLANNING CONTEXT
Item 11.b
34 chapter 3
3.1 LEGAL CONTEXT
3.1.1 Authority to Prepare
The authority to prepare and adopt Specific Plans and the requirements for its content are set forth in the California Government Code 65450 through 65457.
The law requires that a Specific Plan include text and diagrams that specify:
• The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.
• The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. • A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the items listed above.
3.1.2 Purpose and Intent
The Specific Plan provides both general guidelines and specific standards for the development of The Farm at Alamo Creek and sets the parameters for a variety of land uses; thus, the purpose of the Specific Plan is to provide a set of plans, policies, regulation, and implementation programs for guiding and ensuring orderly, future development in accordance with the adopted Land Use Plan within the General Plan.
3.1.3 Environmental Review
The adoption of a Specific Plan is a “project” under the California Environmental Quality Act (CEQA) and the CEQA Guidelines. To meet CEQA requirements, an EIR has been prepared that analyzes the project’s potential significant impacts and proposes mitigation for those impacts to the extent feasible.
Future development phases will be reviewed for consistency with the EIR analysis under CEQA Section 21166. Future phases or changes to the project would be reviewed by the City to determine, under Section 21166, if further environmental review is required.
3.1.4 Development Agreement
Consistent with City of Vacaville policies and as part of the project approval process, a Development Agreement (DA) will be entered into between project proponents and the City of Vacaville. The DA will address such issues as the Community Benefit Contribution (CBC) and the Planned Growth Ordinance (PGO).
Those issues are outside of the scope of this Specific Plan and will not be outlined within the Specific Plan.
3.1.5 Document Organization
The Specific Plan provides both the conceptual presentation of, and the specific framework for the development of The Farm at Alamo Creek. This chapter summarizes the purpose of the document, legal authority, and controlling regulations.
Chapter 1 summaries the Project’s Vision and the Land Use Goals for the Farm at Alamo Creek Specific Plan. Chapter 2 summarizes the Program and Amenities throughout The Farm at Alamo Creek area. Chapter 4 summaries the Land Uses, the Development Plan and Standards to be applied throughout The Farm at Alamo Creek area. Chapter 5 discusses the Design Criteria, and the Community Design. Chapter 6 provides detail regarding the Transportation and Circulation elements within The Farm at Alamo Creek area. Chapter 7 details the Recreation and Open Space elements within the plan area. Chapter 8 provides details related to Public Infrastructure within The Farm at Alamo Creek area. The chapter outlines Item 11.b
The Farm at Alamo Creek Specific Plan 35
Vacaville, CA
APN Owner
Approximate
Area (Ac)
0138‐010‐ (010 & 020) Robert and Debra Papin 3.7
Portion of 0138‐010‐
(030 & 050) Vacaville S2 Investors LLC 189.1
City/County Rights of Way 7.3
SID 10.4
TOTAL 210.5
TABLE 3.1 PARCELS AND OWNERSHIP
Refer to Figure 1.3 for location of parcels noted above.
Table 3.1 Parcels and Ownership
LEGAL + PLANNING CONTEXT
Chapter 9 details the Community Services and Facilities to be located in the plan area. Chapter 10 discusses Implementation of The Farm at Alamo Creek Specific Plan and the procedures for amending the Specific Plan. The chapter also discusses the development review procedures and the allocation of project costs. The chapter details the Environmental Review required along with Project Phasing, Funding Mechanisms, and Maintenance.
Appendix A details the relationship of the Specific Plan to the 2015 City of Vacaville General Plan. Appendix B details the City Zoning Ordinance in effect at the time of the adoption of this Specific Plan. Changes to the City Zoning Ordinance, after the adoption of this Specific Plan will not be applicable to The Farm at Alamo Creek Specific Plan.
3. 2 PLANNING CONTEXT
3.2.1 Regional Planning Context
The Specific Plan area is located in northern Solano County, in the southeastern corner of the City of Vacaville, as shown in the Vicinity Map in Figure 1.2. Vacaville is at the midpoint between San Francisco and Sacramento along Interstate 80, the major transportation link between these two growing urban areas as shown on the Regional Map Figure 1.1.
3.2.2 Site Planning Context
3.2.2.1 Project Area Description
The Farm at Alamo Creek area comprises 210.5 acres and is bounded by Leisure Town Road on the west, Hawkins Road to the north, the PG&E power lines to the east and Elmira Road to the south. Included within the 210.5 acres is a small 1.4-acre remainder on the north side of Hawkins that will result with the realignment of Hawkins Road (See Figure 1.2 Vicinity Map.)
The property comprises two land owners with developable property, (See Figure 1.3 The Farm at Alamo Creek Ownership Map). Presently, within the subject properties there is one home and the balance of the property is used mostly for farming (See Figure 1.4 Satellite Photo of the area).
3.2.2.2 Property Ownership
Property Owners within the Specific Plan Area (with Assessors’ Parcel Numbers (APN) and property acreage) are listed in Table 3.1.
3.2.3 Planning History
There is little in the way of development history regarding this area. However, conceptual preparations for development of The Farm at Alamo Creek have been in the making since 2004, when the property owners began discussions with the City regarding development of the area and the issues related to an update of the General Plan.
With adoption of the 2015 General Plan, The Farm at Alamo Creek was positioned to begin the planning and entitlement process.
Item 11.b
Item 11.b
37 chapter 4
LAND USE
4.0 Introduction
4.1 Land Use Goals
4.0 INTRODUCTION
The Farm at Alamo Creek is designed to provide a variety of residential choices in a walkable, mixed-use configuration, in close proximity to open space and amenities.
The Land Use Plan (Figure 4.1) encompasses 210.5 acres of farm land, a home site and various rights of way East of Leisure Town Road. The plan organizes the housing around a central core residential “district”, occupied by the denser lots and the Community center. Additional pocket parks are located to the north and to the south of the central district, in close reach from the rest of the neighborhood. A well-developed pedestrian network connects all portions of the neighborhood and incorporates the recreational pedestrian and bicycles trails that follow the banks of the existing creek.
4 LAND USE
Item 11.b
38 Neighborhood General
Plan Zoning Approximate
Area (Acres)
Approximate
Number of
Residential
Units
Approximate
Density
(Units/Acre)
1 RLD R‐6 10.8 48 4.4
2 RLMD RLM‐3.6 8 51 6.4
3 CN CN 4.2
4 RLMD RLM‐3.6 7.6 44 5.8
5 RLMD RLM‐4.5 8.3 47 5.7
6 RLMD RLM‐4.5 7.5 39 5.2
7 RLMD RLM‐3.6 10.2 69 6.8
8 RLD RL‐5 6.9 34 4.9
9 RMHD RMHD 2.8 40 14.3
10 RMHD RMHD 8.8 124 14.1
11 P/INST CF 1.2
12 CN CN 3.2
13 RMHD RMHD 1.4 20 14.3
14 P P 4.7
15 P P 2.5
16 Public OS OS 4.7
17 P P 8.2
18 P P 11.2
19 Public OS OS 4.4
20 P/INST CF 9.6
21 P/INST CF 3.8
22 P/INST CF 11.4
23 P/INST CF 8.2
24 RLD RL‐5 18.2 90 4.9
25 RLD RL‐6 38.5 162 4.2
26 AB AG 4.3
TOTAL 210.5 768 3.6*
* ‐ Approximate Total Gross Density
TABLE 4.1 ‐ THE FARM AT ALAMO CREEK LAND USE SUMMARY
chapter 4
4.1 LAND USE
Wellness, multi-generational social and recreational opportunities, sustainability, and a strong sense of place are the core tenets of the Land Use Plan. These guiding principles are integral to the Land Use Plan illustrated by Figure 4.1, providing the framework for a vibrant mixed-use community. The proposed design maximizes and enhances the preservation of the existing creek, integrating it into the pedestrian and bicycle circulation network. The creek landscape improvements become also part of the entry experience along Camino Arroyo and Carrol Way.
TABLE 4.1 - THE FARM AT ALAMO CREEK LAND USE SUMMARY
Item 11.b
The Farm at Alamo Creek Specific Plan 39
Vacaville, CA
Land Use
Approximate
Area (acres)
Approximate
Units
Approximate
Percentages
Low Density RL 74.4 334 43%
Low‐Medium
Density RLM 41.6 250 33%
Medium High
Density RMH 13 184 24%
TOTALS 129.0* 768 100%
TABLE 4.2 RESIDENTIAL LAND USE SUMMARY
*‐ Area excludes public facilities, commercial, detention basin/pond and parks
LAND USE
4.1.1 Residential Design Standards Unique to the Farm
at Alamo Creek
To create a truly unique project within the City of Vacaville, changes were made to the City’s Land Use and Development Code. These changes are designed to encourage a more “neighborly” living experience. Traditionally, the fronts of homes are set back at least 20 feet from right of way (27’ from the street), “detaching and disengaging” the homes from each other. The Farm at Alamo Creek front yard setback, for most of the zoning districts, is 10 feet creating the opportunity for porches and front doors that are closer to the street and more conducive to neighbor interactions and cohesion. And because all the streets within the development have parkway planting strips the setback from the street is 21’ compared to 27’ in the Land Use and Development Code.
Market studies have repeatedly shown that home buyers tend to prefer single story homes. Unfortunately, typical zoning requirements encourage more 2-story homes. Traditionally, rear yard setbacks and lot coverage requirements are the same for 1 and 2 story homes. Under that scenario, house construction economics dictate that 2-story units are more viable and sustainable. To enhance the economic viability of 1-story homes within The Farm at Alamo Creek development, the rear yard minimum setbacks are reduced, and the maximum lot coverage requirement is increased for single story homes.
It is expected that each home builder within The Farm at Alamo Creek will develop an architectural theme for each neighborhood they develop. The architectural theme for the neighborhood, along with the floor plans and elevations for the houses will require Design Review approval by the City of Vacaville Planning Department staff and the Planning Commission. The process for Design Review approval typically takes 3-4 months.
TABLE 4.2 - RESIDENTIAL LAND USE SUMMARY
To provide for more creativity in the design of 2-story homes, a slight increase in maximum lot coverage has been included within the Specific Plan. This increase allows for the construction of “California Rooms” and other outdoor living spaces which are traditionally difficult to include with reduced lot coverage maximums. Table 4.2 shows the breakdown of residential units by General Plan category. The plan complies with the intent to emphasize high density and moderate density housing.
Lastly, the City’s Land Use and Development Code does not adequately address the unique characteristics inherent with duet units. These homes share a common wall with the home next door and provide a wonderful opportunity for a more affordable housing experience. These units are located within two areas of The Farm at Alamo Creek which contain significant open space amenities. The first duet area is bracketed by the pool/ clubhouse on the west and 2 private parks on the east end. The other duet area is bounded by Alamo Creek trails on the north and east and is close to the detention basin/pond trail area. With the abundance of open space opportunities, the need for private open space is reduced.
Table 4.3 details the required specifications for the duet units with the above in mind. Figures 4.3.1 through 4.3.6 are provided to clarify the standards detailed in Table 4.3.
Item 11.b
40 chapter 4
Figure 4.1: Proposed Land Use
PROPOSED LAND USE KEY:
RL RESIDENTIAL LOW DENSITY
RLM RESIDENTIAL LOW-MEDIUM DENSITY
RMH RESIDENTIAL MEDIUM HIGH DENSITY
P/INST PUBLIC/INSTITUTIONAL
CN NEIGHBORHOOD COMMERCIAL
OS PUBLIC OPEN SPACE
AB AGRICULTURAL BUFFER
Item 11.b
The Farm at Alamo Creek Specific Plan 41
Vacaville, CA
ZONING KEY:
1 RL-6
2 RLM - 3.6
3 CN
4 RLM - 3.6
5 RLM - 4.5
6 RLM - 4.5
7 RLM - 3.6
8 RL - 5
9 RMH
10 RMH
11 CF
12 CN
13 RMH
14 PARK
15 PARKS
16 OPEN SPACE
17 PARK
18 PARK
19 OPEN SPACE
20 CF
21 CF
22 CF
23 CF
24 RL - 5
25 RL - 6
26 OPEN SPACE
LAND USE
Figure 4.2: Proposed Zoning
Item 11.b
42 Zoning
District Density Standards
Indicator
Min. Lot
Area (SF)
Min.
Lot
Width
(ft.)
Min. Lot
Width
Corner
Lots (ft.)
Min. Lot
Depth
(ft.)
(See
Note 2)
Min.
Front
Yard
(ft.)
(See
Note 3)
Min.
Side
Yard
(ft.)
(See
Note 4)
Min.
Side
Yard –
Street
Side (ft.)
(See
Note 5)
Min.
Rear
Yard (ft.)
(See
Note 6)
Min. Site
Frontage
on a
Public
Street (ft.)
(See Note
7)
Min.
Distance
Between
Homes
(ft.)
Max. Site
Coverage
(%) (See
Note 8)
Min. Private
Open Space
(SF)
Max.
Building
Height
(ft.) (See
Note 9)
1story/
2story
1story/
2story
1story/
2story
RL 3.1 – 5.0 10 10,000 80 90 100 20 10 15 20/25 40 15 55/45 1600/ 2000 30 8 8,000 70 80 100 10 10 & 5 15 15/20 40 15 55/45 1050/ 1400 30 6 6,000 60 65 95 10 5 & 5 15 15/20 40 10 55/45 900/ 1200 30 5 5,000 50 55 90 10 5 & 5 10 15/20 40 10 55/45 750/ 1000 30 RLM 5.1 – 8.0 4.5 4,500 45 50 70 10 5 & 5 10 10/15 40 10 55/45 450/ 675 30
3.6 3,600 40 45 60 10 5 & 5 10 10/15 40 10 55/45 400/ 600 30 RMH 14.1 –
20.0 Duets 2000 27 31 75 10 0 & 4 9 10/10 26 0 & 8 50/50 260/ 260 40 THE FARM AT ALAMO CREEK RESIDENTIAL DISTRICTS DEVELOPMENT STANDARDS (See Note 1) TABLE 4.3
a. Exterior accessibility retrofitting for reasonable accommodations for single-family detached units shall be subject to administrative design review and shall be permitted in setback areas when compliant with the Americans with Disabilities Act design guidelines. b. The front setback to the garage, in all districts, shall be 20 feet measured from the back of sidewalk. (4) Side Yard.
a. Architectural features such as sills, cornices, and eaves may extend into the required side yard or a space between structures up to two feet. Chimneys may extend into the required side yard or a space between structures up to two and one-half feet.
FOOTNOTES TO TABLE 4.3
(1) Because living spaces and porches and encouraged to be closer to the front sidewalk within The Farm at Alamo Creek Specific Plan area, and because in all cases the garages will be a minimum of 20' from the back of sidewalks, alternative housing configurations are not required. Also, to maximize flexibility, one-story houses are NOT required within the RLM and RMH Zoning Districts. To encourage 1 story homes, minimum rear yard and side yard setbacks are reduced and maximum lot coverage requirements are increased. The minimum rear yard setback adjacent to an aterial street, for all zoning districts is 40' and shall be measured from the face of curb for the arterial. (2) Front yard setback is measured from back of curb.
(3) Front Yard - In all districts, the front yard setback has been reduced from the Zoning Ordinance. If the builder chooses to utilize this reduced front yard setback, the homes with a setback from 10-15 feet shall have a strong pedestrian entrance which could include any, or all, of the following elements: enhanced front door, porch, cover, and walkways to emphasize this front entrance.
Zoning
District Density Standards
Indicator
Min. Lot
Area (SF)
(See Note
2)
Min.
Lot
Width
(ft.)
Min. Lot
Width
Corner
Lots (ft.)
Min. Lot
Depth
(ft.)
(See
Note 3)
Min.
Front
Yard
(ft.)
(See
Note 4)
Min.
Side
Yard
(ft.)
(See
Note 5)
Min.
Side
Yard –
Street
Side (ft.)
(See
Note 6)
Min.
Rear
Yard (ft.)
(See
Note 7)
Min. Site
Frontage
on a
Public
Street (ft.)
(See Note
8)
Min.
Distance
Between
Homes
(ft.)
Max. Site
Coverage
(%) (See
Note 9)
Min. Private
Open Space
(SF)
Max.
Building
Height
(ft.) (See
Note 10)
1story/
2story
1story/
2story
1story/
2story
RL 3.1 – 5.0 10 10,000 80 90 100 20 10 15 20/25 40 15 55/45 1600/ 2000 30 8 8,000 70 80 100 10 10 & 5 15 15/20 40 15 55/45 1050/ 1400 30 6 6,000 60 65 95 10 10 & 5 15 15/20 40 15 55/45 900/ 1200 30 5 5,000 50 55 90 10 5 & 5 15 15/20 40 10 55/45 750/ 1000 30 RLM 5.1 – 8.0 4.5 4,500 45 50 70 10 5 & 5 10 10/15 40 10 55/45 450/ 675 30
3.6 3,600 40 45 60 10 5 & 5 10 10/15 40 10 55/45 400/ 600 30 RMH 14.1 –
20.0 Duets 2000 27 31 75 10 0 & 4 9 10/10 26 0 & 8 50/50 260/ 260 40 THE FARM AT ALAMO CREEK RESIDENTIAL DISTRICTS DEVELOPMENT STANDARDS (See Note 1) TABLE 4.3
a. Setback measured from back of sidewalk and is the minimum setback required for enclosed porches, unenclosed porches, or the home itself if there is no porch. b. Overhanging architectural features such as sills, cornices, and eaves without posts may extend into the required front yard up to six feet. This applies to the required front yard and does not apply to the front setback for porches.
FOOTNOTES TO TABLE 4.3
(1) Because living spaces and porches and encouraged to be closer to the front sidewalk within The Farm at Alamo Creek Specific Plan area, and because in all cases the garages will be a minimum of 20' from the back of sidewalks, alternative housing configurations are not required. Also, to maximize flexibility, one-story houses are NOT required within the RLM and RMH Zoning Districts. To encourage 1 story homes, minimum rear yard setbacks are reduced and maximum lot coverage requirements are increased. The minimum rear yard setback adjacent to an aterial street, for all zoning districts is 40' and shall be measured from the face of curb for the arterial. (2) The lot size is computed by multiplying the width of the lot by the depth. The depth of the lot is measured from the back of curb to the rear property line. (3) Front yard setback is measured from back of curb.
(4) Front Yard - In all districts, the front yard setback has been reduced from the Zoning Ordinance to encourage front porches and housing units that are closer to the front sidewalk.
TABLE 4.3 - RESIDENTIAL DISTRICTS MINMUM DEVELOPMENT STANDARDS chapter 4 Item 11.b
The Farm at Alamo Creek Specific Plan 43
Vacaville, CA
Zoning
District
Max. Floor
Area Ratio
(FAR)
Min. Site
Area
(acres)
Min. Site
Width (ft.)
Min. Yard
Adjoining
A Street
(ft.)
Min. Yard
Adjoining
An R
District (ft.)
Min.
Number of
Parking
Stalls
Required
Per 1,000
SF of
Gross
Building
Floor Area
Min. Yard
Not
Adjoining
A Street, R
District,
Alley, or
Freeway
ROW (ft.)
Max.
Building
Height (ft.)
CN 0.3 3 None 20 30 4 None 30
CN: Neighborhood Commercial
TABLE 4.4
TABLE 4.4 - NEIGHBORHOOD COMMERCIAL DISTRICT MINMUM DEVELOPMENT STANDARDS NEIGHBORHOOD COMMERCIAL DISTRICT MINIMUM DEVELOPMENT STANDARDS
4.1.2 Commerical Design Standards
As with the residential neighborhoods, the developers of the two neighborhood commercial sites will propose an architectural theme for the development of their project. The architectural theme for the site, along with the floor plans and elevations for the buildings will require a Design Review approval by the City of Vacaville Planning Department staff and the Planning Commission. The process for Design Review approval typically takes 3-4 months.
The development standards for these neighborhood commercial areas are detailed in Table 4.4. It should be noted that the minimum parking requirement for these parcels is 1 parking space for every 250 feet of gross floor area regardless of the proposed use. The intent of these neighborhood centers is to serve the local residents and it is expected and encouraged that those patronizing the shops will walk or bike from their homes thus reducing the need for excessive parking.
LAND USE Item 11.b
44 4.1.3 Residential Building Standards
The standards for building height and front, rear and side yard setbacks set forth in this Specifc Plan are consistent with the City of Vacaville Land Use and Development Code except as noted in Table 4.3. (See also Figures 4.3.1 through 4.3.6 for additional notes and details.)
In addition to the above exceptions, as mentioned previously, one-story homes shall not be required for lot sizes that are zoned for 4,000 SF or smaller. Also, variety in roofing material is encouraged. Builders will not be limited to only using concrete tile or Spanish tile roof material. Architectural comp is permissible. Roofing material shall complement the design of the home.
In the Land Use and Development Code front yard setbacks are measured from the road right of way which is typically 7 feet from the front face of curb for residential streets. The Farm at Alamo Creek is proposing that all streets have planted parkways along the front of the homes and therefore the measurements for front yards setbacks are different than the Code. Figures 4.3.1 through 4.3.6 are provided to clarify the above exceptions and to designate where the setback measurements are to be taken. The figures also detail minimum setbacks, lot area, lot coverage and other key features.
4.1.4 Parking Standards
Parking is provided consistent with City of Vacaville Land Use and Development Code, Chapter 14.09.128. Except as noted below, for this Specific Plan, the maximum parking required for single family homes is 3; 2 in the garage and 1 on the public street.
For the Neighborhood Commercial parcels, the maximum required parking is 1 space for every 250 SF of gross building floor area, regardless of the use.
4.1.5 Other Development Standards
For Development Standards not specifically mentioned in this Specific Plan, refer to Chapter
14.09 Zoning in the City of Vacaville Land Use and Development Code and the City’s Residential Design Requirements for New Single-Family Development. chapter 4 Item 11.b
The Farm at Alamo Creek Specific Plan 45
Vacaville, CA
Figure 4.3.1: RL - 6: Neighborhoods
MINIMUM SIDEYARD SETBACKS:
2-STORY
5’ ONE SIDE
10’ ON THE OTHER SIDE
15’ BETWEEN STRUCTURES
1-STORY
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
MINMUM LOT AREA: 6,414 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD=900 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD=1,200 SF
LAND USE Item 11.b
46 Figure 4.3.1.1: RL- 6: Neighborhoods Facing Carroll
MINIMUM SIDEYARD SETBACKS:
5’ FACING CARROLL WAY
10’ ON THE OTHER SIDE
15’ BETWEEN STRUCTURES
MINIMUM LOT AREA=7,460 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD=900SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD=1,200SF
MINIMUM SIDEYARD SETBACKS:
5’ FACING CARROLL WAY
10’ ON THE OTHER SIDE
15’ BETWEEN STRUCTURES
MINIMUM LOT AREA=8,720 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD=900SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD=1,200SF
Item 11.b
The Farm at Alamo Creek Specific Plan 47
Vacaville, CA
Figure 4.3.2: RL-5(55’ Wide) : Neighborhood
MINMUM LOT AREA - 5,500 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA =750 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA =1,000 SF
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
Item 11.b
48 Figure 4.3.2.1: Side Loaded Neighborhood
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
MINIMUM LOT AREA=7,000 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA =750 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA =1,000SF
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
MINIMUM LOT AREA=6,700 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA =750 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA =1,000SF
NEIGHBORHOOD RL-5(55’ WIDE)
NEIGHBORHOOD RL-3.6
chapter 4 Item 11.b
The Farm at Alamo Creek Specific Plan 49
Vacaville, CA
Figure 4.3.3: RL-5(50’ Wide) : Neighborhood
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
MINMUM LOT AREA = 5,370 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA=750 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA=1,000 SF
LAND USE Item 11.b
50 Figure 4.3.3.1: RL-5(50’ Wide) : Neighborhood
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
MINMUM LOT AREA = 9,350 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA=750 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA=1,000 SF
chapter 4 Item 11.b
The Farm at Alamo Creek Specific Plan 51
Vacaville, CA
Figure 4.3.4: RLM-4.5: Neighborhood
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
MINIMUM LOT AREA=4,795 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA =450 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA =675 SF
LAND USE Item 11.b
52 Figure 4.3.5: RLM-3.6: Neighborhoods
MINIMUM SIDEYARD SETBACKS:
5’ ONE SIDE
5’ ON THE OTHER SIDE
10’ BETWEEN STRUCTURES
FACING STD. RESIDENTIAL ROAD
MINIMUM LOT AREA=3,933 SF
1-STORY
MAX. LOT COVERAGE=55%
MIN. REAR YARD AREA =400 SF
2-STORY
MAX. LOT COVERAGE=45%
MIN. REAR YARD AREA =600 SF
chapter 4 Item 11.b
The Farm at Alamo Creek Specific Plan 53
Vacaville, CA
MINIMUM SIDEYEARD SETBACKS:
4’ ON SIDE
0’ ON THE OTHER SIDE (DUET )
MINIMUM LOT AREA
31’ WIDE LOT=2,368 SF
27’ WIDE LOT =2,063 SF
31’ WIDE LOT
MAX. LOT COVERAGE=50%
MIN. REAR YARD AREA =260 SF
27’ WIDE LOT
MAX. LOT COVERAGE=50%
MIN. REAR YARD AREA =260 SF
Figure 4.3.6: RMH: Neighborhoods
LAND USE Item 11.b
54 Item 11.b
55 chapter 5
DESIGN CRITERIA
5.0 Introduction
5.1 Architecture Design
5.2 Community Design
5.0 INTRODUCTION
A variety of distinct housing types, architectural elements and diverse streetscapes are the defining characteristic of enduring landmark neighborhoods The Farm at Alamo Creek will provide a variety of distinct housing types interconnected by tree-lined walkable streets and open spaces. While it is important to establish a consistent design theme throughout the architectural elements of the neighborhood (walls, monuments, furniture), eclectic and diverse streetscapes are the defining characteristic of enduring landmark neighborhoods. 5 DESIGN CRITERIA
Item 11.b
56 5.1 ARCHITECTURE
A certain number of architectural styles will be required which will be applied based on appropriate massing (ex, some styles are clearly more appropriate for a certain number of stories). Massing will need to be appropriate and authentic to the architectural style. • Architectural Styles: Certain neighborhoods will benefit from a greater number of architectural styles and elevations per floor plan, whereas others may require a more cohesive palette. This selective architectural style criteria will enhance the eclectic nature and variety of the streetscape. Master home plans are defined as unique floor plans with a distinct footprint with regard to placement and relationship of garage, front door, and building mass. Higher density products (for example at the center of the community) will benefit from a “village” concept, exhibiting less variety in their architectural motifs. In this case the eclectic streetscape is achieved through color and material changes and a playful use of massing and articulation.
Individual dwelling units shall be designed at time of development by the builder and are subject to review and approval by the Planning Commission. It is intended that each neighborhood will have a distinct architectural theme. The theme will be incorporated throughout the neighborhood including but not limited to housing architectural elements, entrance monuments, and landscaping. Home design will integrate principles of universal design, sustainability, and visibility.
Roofs design and articulation shall be compatible with the architectural design of the home and may include enhanced architectural comp, concrete or Spanish tile. • Homes should all have a strong pedestrian presence from the street with an emphais on the entrance. Clear views to the front door, porches, covers and direct walkways will emphasize this relationship. chapter 5 Item 11.b
The Farm at Alamo Creek Specific Plan 57
Vacaville, CA
DESIGN CRITERIA
• Hierarchy and Repetition: In general, avoiding repetition of identical floor plans or architectural styles is important to create a sense that a neighborhood has been built over time. The continuation of style-specific architectural elements from the front façade around to the side and rear elevations creates an authentic architectural statement. Blank, unadorned faces are never permitted and a certain, minimum, amount of details is required to reflect a unified architectural treatment. Hierarchy of treatment should be based on location, function, and level of pedestrian interaction. Home sites that are highly visible warrant special attention to any visible building faces to present an authentic and cohesive appearance. Unique entry and garage configurations are encouraged to give the effect of creating “two fronts” to a home and address both streets.
• Yards and Windows: Side yards offer a unique opportunity for private outdoor space that can easily be overlooked when not planned thoughtfully. To promote utilization of these spaces it is effective to designate active and passive sides to each home. The active side of a home will be identified as having more and larger windows and the most usable outdoor space. The passive side has fewer, smaller, and often higher windows to promote privacy for the adjacent neighbor’s active side. This creates a functional relationship between homes and helps create an enhanced living environment. Sheds and accessory structures are discouraged in the small rear yards. • Garages: Reducing garage dominance on the streetscape and bringing living space closer to the street creates street scenes that are inviting and safe. Using design techniques that enhance a home’s architectural style and relegating the garage to a less visible position promotes a more pedestrian oriented neighborhood.
Item 11.b
58 chapter 5
Figure 5.1: Conceptual Development Plan
with approximate unit counts
1 RL 6 - 48 UNITS
2 RLM 3.6 - 50 UNITS
3 CN
4 RLM 3.6 - 44 UNITS
5 RLM 4.5 - 48 UNITS
6 RLM 4.5 - 39 UNITS
7 RLM 3.6 - 69 UNITS
8 RL 5 - 34 UNITS
9 RMH - 40 UNITS
10 RMH - 124 UNITS
11 CF - CITY WELL SITE
12 CN
13 RMH - 20 UNITS
14 PARK
15 PARKS
16 OPEN SPACE
17 PARK (PLAY 4 ALLPARK)
18 PARK
19 OPEN SPACE
20 CF- DETENTION BASIN
21 CF
22 CF
23 CF
24 RL 5 - 90 UNITS
25 RL 6 - 162 UNITS
26 OPEN SPACE
Item 11.b
The Farm at Alamo Creek Specific Plan 59
Vacaville, CA
DESIGN CRITERIA
5.2 COMMUNITY DESIGN The Farm at Alamo Creek will be a park oriented community that emphasizes wellness through the establishment of a comprehensive open space and recreational system in close proximity to all residents in the neighborhood. All open space areas will incorporate way finding signage, furniture, defined seating areas, areas suitable for water quality treatment features and swales, and
overall, they will create an inviting and safe environment.
As part of Phase 1, a community wide plan for commen
elements will be prepared. The plan will inlcude definition of furnishings, entry treatments and monuments, spcial signage and/or lighting or other elements intended to unify the Farm at Alamo Creek as a whole. Within this framework, each phase or sub-neighborhood will be
encouraged to provide a diversity of architectual styles, site furnishings or area-specific treatments.
5.2.1 Community Design Theme
The design approach focuses on the creation of a community with a compelling sense of place, a high level of pedestrian and bicycle access and circulation, an enduring public realm, and a strong connection to/compatibility with the surrounding natural and agrarian environment. Over 49.5 acres of the community are planned and devoted to open space features, including the community park, the two pocket parks, the Old Alamo Creek open space extending to the new detention pond, the “Play
4 All” Park, buffers, trails, and an orchard along Leisure Town Road to reinforce the agricultural context. Site furnishings, planting design, major community landscape elements, and sustainable measures and features play an essential role in defining the identity of the community.
5.2.2 Paving and Hardscape
Paving surfaces and hardscape design should complement
the design scheme of pedestrian oriented spaces. The use of color, texture and material adds to the visual interest of pedestrian spaces, particularly in public gathering areas.
Visual appeal should be balanced with functionality, ease of maintenance, durability and and incorporate materials that provide for on-site stormwater retention and/or contribute to groundwater recharge. Paving surfaces on street accessed residential lots should be limited to the driveway, walkways, and patios.
Item 11.b
60 chapter 5
5.2.4 Signage
In general, signs should be utilized only where necessary within the residential portions of the neighborhood and in an understated manner, emphasizing an attractive image of permanence and quality; however, signs should offer adequate visibility and reflectivity, where appropriate, to provide safety and orientation at night.
All free-standing signs along streets and common access drives should be designed as a ‘family’ of signs, consistent with the architectural style or related projects or neighborhoods. Signs are to be free of all labels and fabricator advertising as required by applicable code. Street identification signs and traffic control signs may be mounted on light poles to integrate these elements and minimize the number of poles.
5.2.5 Entry Features
Neighborhood entry signs may be integrated into stone or masonry entry monuments, walls, or pylons occurring at entries (see Figure 3.4). Lettering should consist of surface mounted letters or an inset panel of contrasting material with incised letters.
Monumental signage should be complementary to the prevailing architectural style of the adjacent neighborhood.
5.2.6 Fences and Walls
In general perimeter walls and fences are to be minimized to the greatest extent possible. To reduce their visual prominence, walls and fences should be used in combination with trees, vines, shrubs, and hedges. Walls and fences should also generally consist of a ‘family’ of elements, similar in style and materials, used in a consistent manner throughout the neighborhood. In general fencing, should be designed to be natural-appearing and durable, compatible with neighborhood character and reflective of the agricultural theme of the neighborhood. Fencing adjacent to open space shall be constructed of non-combustible materials.
5.2.3 Site Furnishings and Material
Site furniture adds a level of detail and design that
enlivens public spaces and provides opportunities for
people to gather and interact. Correctly placed and
well-designed site amenities enhance the usability and
appearance of community spaces including parks, trails, transit stops, streets plazas, and building entries.
Seating, tables, bollards, bicycle racks, trash receptacles, flagpoles, lighting standards and tree grates should be considered as part of the site design and as comprehensive family of visual elements with the goal of creating a cohesive yet eclectic palette. Site furniture should be compatible in size, design, color, with the surrounding architecture and landscape design, without dominating the landscape. Furnishing should be designed and selected for safety, ease of maintenance and replacement. A variety of seating types should be provided for different public spaces, seat walls and movable seating. Seating should be coordinated with shade trees and or shade structures. Public art is encouraged to be incorporated into the project site design in a variety of ways such as street furniture, play equipment, signage, and sculptures. Bike racks should be located throughout the neighborhood at parks, trail heads, group seating
areas. Covered bike parking should be provided at key
destinations.
Any amenities proposed within the public right of way
shall be reviewed and approved by the Public WorksDepartment. Any amenity within the public right of way shall be included in the Lighting and Landscape District to provide for maintenance of said amenity.
Item 11.b
The Farm at Alamo Creek Specific Plan 61
Vacaville, CA
DESIGN CRITERIA
High masonry walls should be avoided and fencing should be permeable to allow visual access. Fences and walls inside the neighborhood are intended to distinguish project areas while creating a welcoming appearance that encourages
and controls pedestrian movement between residential
and public use areas. Design of public fences should be compatible with the building architecture. Fences should be of durable construction, and should present a “finished” appearance from adjacent properties. When used, front
yard fencing may consist of fencing or walls, with a maximum height of 3 feet, located a minimum of 3 feet from the sidewalk. Materials should be limited to stone, masonry, or finished wood product and should be in combination with a hedge or shrub from the approved planting palette. On corner lots, front yard fencing should be continuous along the front and side property line along a street. For corner lots, side yard fencing along street frontages should be located a minimum of 4 feet from the sidewalk, and expose as much of the house facade as feasible. For masonry walls, pilasters shall be located at angle points and transitions. Wall pilasters need not be closer than 30 feet on center.
5.2.7 Lighting In general, lighting will be designed to minimize light levels for any given application and to direct the lighting onto the high use areas or objects to be lighted. Low-level, pedestrian scale fixtures should be utilized to the degree possible. High efficiency fixtures are encouraged to direct light where it is needed to avoid excessive glare and reduce impact upon
night sky and open space. Lighting should be designed to differentiate use areas, emphasize neighborhood amenities, provide continuity along street corridors, and promote the safety of residents and users.
Lighting fixtures are an important part of neighborhood’s image. Use of rnamental, pedestrian scale pole lights is encouraged for local street lighting, with optics and shields that direct the light to the ground. Pole lights in neighborhoods should not exceed 20 feet in height to maintain a pedestrian scale.
Lighting should generally occur at intersections and areas of pedestrian activity and building entries and should be minimized elsewhere. No lighting should blink, flash, or be of unusual high intensity or brightness. All street lights should be equipped with cut-off shields to minimize visibility from adjacent areas of the community and public use areas. Parking lot lights should be no higher than necessary to provide efficient lighting of the area and should not exceed 28 feet, including the base.
Landscape lighting should be limited to important landscape areas, entry and sign features, public parks or pedestrian use areas. Light fixtures should be hidden from direct view and the light source should be shielded from view at night. Landscape light fixtures should be durable and easily maintained. Building mounted fixtures may be utilized as long as the fixtures are scaled appropriately for their location on the building and the light source is completely shielded from view. Off-street trail systems and pedestrian shortcuts should utilize low level lighting sources such as lighted bollards or other comparable solutions.
All outdoor site lighting fixtures shall be bi-level LED, which will reduce the demand for electricity. All proposed lighting that does not meet City of Vacaville Standards shall be reviewed and will need to be approved by the Public Works Department.
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62 chapter 5
Tree planting location and species should consider the
need to preserve solar access, views, and fire safety
requirements.
Turf should be limited to parks and other active uses.
Low groundcover and native grasses should be used as
an alternative to turf wherever possible.
Planting design should be designed to maximize energy conservation, including planting deciduous trees next to buildings and along streets to reduce ambient
temperatures, reduce heat gain, allow for cooler natural ventilation, and provide a more pleasant pedestrian environment. Trees with appropriate heights and spreads will be selected to provide ample shade in the summer months for outdoor spaces such as patios, plazas, pedestrian walkways, roadways, and parking lots.
In addition to required street trees, each detached
home should include a minimum of one fruit tree
located within the private front yard area. To avoid a
disjointed appearance between streets and individual
yards, planting themes should be provided by the
developers for each phase within the neighborhood.
These trees shall be selected and located to avoid fruit dropping within the public right of way.
5.2.8 Planting Design
The landscape design for the Farm at Alamo Creek will
emphasize drought tolerant, native, and edible landscaping, providing abundant trees for beauty, definition of spaces and habitat enhancement (See Plant List).
Attractive and shaded streets, parks, buffers, and trails will establish a strong community character and quality living environments, both in the near future and in the long term.
Plant material should be selected from an established
palette with an emphasis on native plants (see Plant
List). The established planting palette is not be intended to be exhaustive but to provide a clear guide for selection. Additional plants may be used that are
compatible with this palette and are consistent with
the intent of these guidelines. Planting design should
consider year-round interest and seasonal character
through the careful use of flower and leaf color.
Landscape design should provide effective screening of
parking areas, retaining walls, utility enclosures, service areas. Screen landscaping should incorporate evergreen
plant species to maintain year-round leaf cover.
Plant selection should avoid the use of tree species
with invasive root systems near utility lines and paving and avoid the use of invasive species. Street trees should be planted in parkway strips between the curb
and the sidewalks with drought tolerant shrubs and
ground covers. Trees that drop fruit, berries or nuts
shall not be placed within the public right of way,
except for the backup landscaping along Leisure Town
Road where orchard trees are expected to be planted.
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DESIGN CRITERIA
5.2.9 Edible and Agricultural Landscape
The use of edible species can be important in expressing the agrarian theme of the Farm at Alamo Creek. In addition to the orchard along Leisure Town Road, edible landscape should be used in other locations, including agricultural areas and appropriate private yards or gardens where residents can enjoy the benefits of fresh produce integrated into their daily lives. Edible species may also be used in special, privately maintained areas and should include wildlifeattractive hedge rows as buffers where feasible.
Planting may combine non-edible and edible species, such as combinations of fruit and nut trees, berry bushes, vegetables, herbs, edible flowers, and ornamental plants. Edible landscape design should resemble an ornamental garden and create balance, unity, rhythm, interconnection, and pattern in the landscape while integrating a host of food-producing plants in the design. Landscape design should emphasize the use of nectar producing and flowering plants that supply food, shelter and breeding habitat for beneficial insects that pollinate edible crops and control pests. Gardens for butterflies, hummingbirds and native bees are especially encouraged. Fruit bearing trees shall not be planted to overhang paved areas or trails
Item 11.b
64 Acer nigrum - Black maple Acer platanoides - Norway maple Gingko biloba - Maidenhair tree
Ceanothus arboreus - Island ceanothus
Magnolia virginiana - Sweetbay magnolia
Celtis occidentalis - Common hackberry
Albizia julibrissin - Mimosa
Cornus nuttallii - Pacific dogwood
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Abelia grandiflora - Glossy Abelia Aloe aborescens - Torch aloe Ilex species - Holly
Osmanthus species - Sweet olive
Westringia fruticosa - Coast rosemary
Choisya ternata -Mexican orange
Lonicera species - Honeysuckle
Rosa rugosa - Ramanas rose
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66 chapter 5
5.2.10 Streetscape Character and Landscaping Streets will be planted with approved street trees and enhanced streetscape landscaping as defined in the final landscape plans of subsequent submittals. Street trees should be used consistently to provide a comfortable, human scale environment, promote the character intended for the neighborhood, and produce an overall setting of an “urban park” that reduces energy usage and improves air quality through a carefully selected planting palette. Intersections may have traffic circles or roundabouts to slow vehicles and increasing pedestrian safety (particularly at Hawkins Road, Carrol Way, Camino Arroyo, and Camino Beltran).
Streetscapes should reflect the identity of the roadway system and incorporate separated sidewalks with parkway strips (as outlined below or on as approved on a case by case basis by City Staff ) when homes front on the streets. Taller more imposing trees and widened landscape strips should define the arterials and major collectors. Medium-sized trees and smaller landscape strips should articulate the minor collectors.
In general, street trees should be used consistently on residential streets to establish attractive neighborhoods. Planting themes should be identified for each street for both trees and understory planting, providing accent at intersections and viewpoints along the circulation network. See the street plant list below for specific suggestions on species to be used at each street.
Parkway strips shall be used at all streets and shall have a minimum width of 6 feet, from back of curb to edge of sidewalk. Where possible, parkway strips should have a more generous width to provide a healthier environment for tree growth. Planting at parkway strips should be selected prioritizing minimal irrigation and maintenance, except for areas where additional accent is needed.
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DESIGN CRITERIA
Betula utilis jacquemontii - Himalayan birch
Ceratonia siliqua- Carob tree
Fraxinus ‘Moraine’- Moraine Ash
Fraxinus oxycarpa ‘Raywood’ - Raywood Ash
Gleditsia triacanthos - Honey locust
Liriodendron tulipfera - Tulip tree
Pinus canariensis - Canary island pine Tilia cordata - Little leaf linden Platanus occidentalis- American sycamore
Rhus lancea -African sumac
Schinus molle - False pepper tree
Koelreuteria paniculata- Golden rain tree
Acacia longifolia -Golden wattle
Aesculus carnea - Red horse chestnut
Corymbia ficifolia- Red flowering gum
Chionanthus retusus - Chinese fringe tree
Lagerstroemia indica -Crape myrtle
Malus species - Crabapple
Styphnolobium japonicum- Japanese pagoda tree
Prunus x ‘yedoensis’ - Daybreak cherry
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68 chapter 5
5.2.11 Trail Network
The Farm at Alamo Creek will feature a safe, well planned bicycle and pedestrian network that enables mobility and enhances linkages. The network will also facilitate easy connections to the common open space areas, the Detention Basin, the Community Park, the Community Center, the two Pocket Parks and the commercial areas. A well-defined trail system facilitates mobility and affects the quality of life of the community. Trails express community character and pride, aesthetics of local environment, access to outdoors, opportunities for socialization, and increased mobility. The comprehensive, interconnected, trail and bike network will include Multi-use trails and Class 2 and 3 bikeways. • Multi-use Trail: Multi-use trails are located in corridors and green belts adjacent to open spaces with limited vehicular interruptions. Multi-use trails are 10-foot paved pathways to accommodate bicyclists and pedestrians. In order to re- inforce a distict character and provide an amenity that blends with the landscape, the multi-use trail along Camino Arroyo between Leisure Town Parkway and the ag buffer should be constructed of AC paving. Other multi-use Trails may be AC or concrete paving. • Bike Lanes: Bike lanes are designated bike lanes located on arterial roadways and collector streets. Bike lanes are approximately 6 feet wide and marked with signage and painted stripes. Bike lanes are designed to minimize barriers and reduce potential travel disruptions. • Enhanced Pedestrian Crossing – For safety and visibility, enhanced pedestrian crossings may be constructed at key intersections and locations where multiuse paths intersect collector streets. Criteria for such crossings will be determined during preparation of improvement plans and are subject to approval by Public Works.
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DESIGN CRITERIA
Figure 5.2: Community Entry Monuments
COMMUNITY ENTRY GATEWAY
NOTE:
ALL ENTRY MONUMENTS
SHALL BE OUTSIDE OF THE
CITY SIGHT DISTANCE TRIANGLE
Item 11.b
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71 chapter 6
TRANSPORTATION + CIRCULATION
6.0 Introduction
6.1 Existing Setting
6.2 Connections
6.0 INTRODUCTION
The Farm at Alamo Creek provides for street improvements that will greatly enhance the traffic circulation in the vicinity. Three major arterials will be widened to their ultimate width: Leisure Town Road will be widened on the east side to its ultimate 6-lane width between Elmira Road and Hawkins Road. Elmira Road will be widened on the north side to its ultimate 4-lane width between Leisure Town Road and Carroll Way. And Hawkins Road will be realigned and widened on the south side to its ultimate width between Leisure Town Road and Carroll Way.
Along with the improvements to Carroll Way traffic will be able to circulate around and the through the area with much greater ease.
The Trail system within The Farm at Alamo Creek has been designed to provide direct and visually appealing connections to the various elements throughout the project: the detention basin, clubhouse, 3 parks, and 2 commercial sites. 6 TRANSPORTATION AND CIRCULATION
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6.1 EXISTING SETTING
The Farm at Alamo Creek is bounded by Leisure Town Road on the west, Hawkins Road (along with a small portion of land on the north side of Hawkins) on the north, Elmira Road on the south and Carroll Way and a portion of Alamo Creek to the east.
The existing roadways and the proposed vehicular circulation system through the Specific Plan area are shown on Figures 4.1 and 4.2. The major streets within The Farm at Alamo Creek Specific Plan area are described as follows:
6.1.1 Leisure Town Road
Leisure Town Road is currently a partially developed road with gaps of rural frontage in the vicinity of the project and will ultimately be a 6-lane arterial with large landscaped frontages. The City of Vacaville is currently widening Leisure Town Road south of Elmira Road and the developers of The Farm at Alamo Creek will be responsible for construction of the fronting curb, gutter, sidewalk, 20 feet of pavement and the landscaping per the Jepson Parkway plan line as recently approved by the Solano Transportation Authority (STA) between Elmira Road and Hawkins Road. See Figure 4.2 for the location and Figure 4.2.1 Leisure Town Road for the details of the proposed street section. Final design and right of way for Leisure Town Road adjacent to The Farm at Alamo Creek shall be incorporated into The Farm Final Map(s) and improvement plans.
6.1.2 Elmira Road
Elmira Road borders The Farm at Alamo Creek on the south. Currently the road is two lanes but is designated to be a 4-lane arterial within the buildout area of the project. The southern portion of Elmira Road will be completed with the Brighton Landing development and the developers of The Farm at Alamo Creek will be responsible for completing the required final improvements (including the landscaping and trails) to Elmira Road. See Figure 4.2 for the location and Figure 4.2.2 Elmira Road for the details of the proposed street section.
HAWKINS ROAD
LEISURE TOWN ROAD
ELMIRA ROAD
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6.1.3 Carroll Way
Carroll Way does not currently exist, but will ultimately serve the development east of Leisure Town Road as a key north-south 2-lane arterial designed to augment the traffic capacity of Leisure Town Road. With buildout of the Farm at Alamo Creek, Carroll Way will be constructed to its ultimate width from Elmira Road to Hawkins Road. See Figure 4.2 for the location and Figure 4.2.3 Carroll Way for details of the proposed street section.
6.1.4 Hawkins Road
Hawkins Road is identified in the General Plan as a 4-lane arterial within The Farm at Alamo Creek Specific Plan Area. Currently, Hawkins Road intersects Leisure Town Road approximately 220 feet north of Ulatis Drive. With development of The Farm at Alamo Creek, Hawkins Road will be realigned to match up with Ulatis Drive to form a standard four-way intersection. In the future, this intersection with have a traffic signal which will greatly enhance traffic movements onto and off Leisure Town Road.
6.1.5 Enhanced Residential Streets with Trail
Within The Farm at Alamo Creek, there are three street sections that are designated “Enhanced Residential Streets”. These streets: Camino Arroyo, Camino Beltran and Camino Hacienda vary in width from 34 feet to 39 feet. Camino Arroyo and Camino Hacienda have a trail on one side of the street and a limited number of residential units fronting on the street. See Figure 4.2 for the location and Figures: 6.2.5A Camino Arroyo,6.2.5B Camino Beltran and 6.2.5C Camino Hacienda for details of the proposed street sections. Additionally, a ‘soft’ (DG) 4’ jogging path will flank the 10 foot multiuse trails along all major arterials and the enhanced residential streets.
6.1.6 Residential Streets with Separated Sidewalks
All other streets not mentioned above will be designated as residential streets with separated sidewalks to enhance the pedestrian experience. These streets will comply with the City of Vacaville standards for residential streets. See Figure 4.2 for the location and Figure 6.2.6 Residential Street with separated sidewalks for details of the proposed street section. Consideration for City approved traffic calming measures shall be on straight streets.
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74 6.2 CONNECTIONS
Completion of the street network within The Farm at Alamo Creek area will provide a significant improvement in vehicular circulation throughout the eastern portion of Vacaville. The Leisure Town Road widening along with the Carroll Way installation will improve north-south movements from Southeast Vacaville to Travis Air Force Base and to Interstate 80.
The completion of Jepson Parkway (including the Leisure Town Road portion) as envisioned by the STA will provide enhanced connections between Suisun City, Fairfield, Vacaville, and Dixon.
6.2.1 Vehicular Street Network
The following are implementing policies to ensure completion of the Vehicular Street Network as envisioned by this Specific Plan. The Traffic Mitigation Monitoring Plan outlined in the EIR is incorporated by reference.
It is anticipated that the density of the residential development will not generate traffic volumes that exceed the capacity (LOS C) of the Elmira Road/Carroll Way and Carroll Way/Hawkins Road. The acceptable LOS designation may be modified by the Updated General Plan or Council action.
The project shall incorporate traffic mitigation measures as recommended in the EIR.
The public road rights-of-way and street improvements shall comply with City of Vacaville standards and said rights-of-way will be dedicated to the City of Vacaville as public streets as shown in the following Figures:
6.2.1 Section 1 – Leisure Town Road (Future Jepson Parkway)
6.2.2 Section 2 – Elmira Road
6.2.3 Section 3 – Carroll Way
6.2.4 Section 4 – Hawkins Road
6.2.5A Section 5A – Camino Arroyo
6.2.5B&C Section 5B & 5C – Camino Beltran and Camino Hacienda
6.2.6 Section 6 – Residential Street
Focused traffic analysis shall be provided to determine traffic controls at arterial and collector intersections. Phasing of the Project roadway network shall not result in potential for creating cut through traffic on Project roadways or roadways near the Project.
6.2.2 Non-Vehicular Circulation Network
The Farm at Alamo Creek utilizes a comprehensive bikeway/pedestrian system that connect the parks, the Community Center, detention basin, and commercial center, and promotes the use of alternatives to driving.
With development of the project, the trail/bike system as shown in Figure 4.3 Non-Vehicular Circulation Diagram will be constructed. Construction shall include signings, markings and improvements determined by the Public Works Director to provide for pedestrian and bicycle safety, particularly at intersections.
The design of trail locations shall incorporate standards for emergency services visibility and access, safety lighting if appropriate, and planning for fire protection. chapter 6 Item 11.b
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6.2.3 Transit
The Farm at Alamo Creek will install a bus turnout along Leisure Town Road as director by the Director of Public Works to provide access to the local transit system.
The City’s bus system provides area residents with the opportunity to use public transportation as an alternative to driving.
The Transit service in Vacaville is provided by Vacaville City Coach through fixed route and dial-a-ride services. City Coach services are coordinated with other area transit services for weekday peak hour commute service along Interstates 80 and 680 corridors. This includes services to and from the Fairfield/Suisun Transit and Vallejo Transit systems with routes that connect to BART stations in Pleasant Hill and El Cerrito.
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76 Figure 6.1: Vehicular Circulation System
PROPOSED ARTERIAL ROAD WIDENING
LEGEND
EXISTING ARTERIAL ROAD
PROPOSED MINOR ARTERIAL ROAD
PROPOSED ENHANCED RESIDENTIAL ROAD
PROPOSED RESIDENTIAL ROAD
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TRANSPORTATION + CIRCULATION
Figure 6.2: Street Network Key Plan
PROPOSED ARTERIAL ROAD WIDENING
LEGEND
EXISTING ARTERIAL ROAD
PROPOSED MINOR ARTERIAL ROAD
PROPOSED ENHANCED RESIDENTIAL ROAD
PROPOSED RESIDENTIAL ROAD
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R/W PL
EX RW
4’ HIGH BERM
5:1 MAX SLOPE
2’ RETAINING
WALL
MEDIAN
EXIST
SOUNDWALL
EXIST
SID CANAL
VARIES 20’ 12’ 16’ 12’ 20’ 24.583’
25.5’(ORCHARD TREES)
40.50’(HOA)
4’
10’ MULTI-USE 10’ 5’
PATH
MULTI-USE
PATH
FUTURE LANE
PER CITY PLAN LINE (JEPSON PARKWAY)
3’ HIGH SPLIT RAIL
FENCE
2:1 MAX SLOPE
PROPOSED
“THE FARM“
COMMUNITY
PROPOSED
54” SID PIPE
Figure 6.2.1: Leisure Town Road
0 20’10’
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TRANSPORTATION + CIRCULATION
Figure 6.2.2A: Elmira Road (East of Roundabout)
EXISTING
SOUNDWALL
30’ MIN LANDSCAPE AREA 20’ LANE 12’MIN 20’ LANE 52’ LANDSCAPE 16’ MAX
SOUNDWALL
0 20’10’