Fairfield City Council
October 18, 2022

3. The city is located in Seismic Design Category (SDC) D, a very high-risk earthquake area.

Buildings and other structures in SDC D can experience seismic damage which could have an adverse impact on fire protection. Any earth movement which causes buildings to move creates cracking and warping of firewalls, smoke barriers, door frames, etc., thereby negating the effectiveness of these structural elements which are intended to prevent fire and smoke from spreading within the building. In the event of a fire in large buildings, fire and smoke control conditions can reach a magnitude that is beyond the control capabilities of the Fire Department, thus resulting in major fire damage; and

4. The city is bisected topographically by Interstate 80 and Interstate 680. As a result, the city is divided into discrete districts. Emergency vehicles must use freeway overpasses to travel between the districts. Heavy traffic congestion on the city’s streets and freeway overpasses already acts as a barrier to timely response for emergency vehicles. In the event of an accident or overpass failure due to an earthquake, sections of the city could become isolated, or response time could be sufficiently slowed, which would increase the risk or severity of injury or property damage; and

5. Much of the soil in and around the city is characterized as unstable. These soil conditions are moderate to severely prone to swelling and shrinking. The soil is also found to contain ammonia, which is highly corrosive to isolated copper in the soil.

SECTION 2. Therefore, the technical code amendments are as follows:

A. 2022 California Building Code (CBC), Cal. Code of Regulations, Title 24, Part 2

1. Section 5.2.3.2 was added to modify Section 502.1 of the CBC for improved standardization of address signage to improve building identification for disaster recovery and emergency response, due to the topography, the potential of forest fire, larger lots in some areas, and densely packed housing in others.

2. Section 5.2.3.3 was added to amend Section 718.2.5.1 of the CBC to require enclosures for factory-built metallic chimneys to be separated from habitable space and attic areas with materials approved for one-hour fire-resistive construction. The City Council finds this provision necessary to protect the building in the event of a chimney failure and to reduce the fire hazard due to seismic activity and prevailing high winds.

3. Section 5.2.3.5 was added to amend Section 1208.4 of the CBC to aid in the city’s declared housing crisis and construction of small dwelling units.

4. Section 5.2.3.6 was added to amend Section 1505.1.3 of the CBC to require roof coverings used on all buildings located at elevations of 100 feet or over to be at least a class B roof.

The City Council finds this provision necessary to reduce the fire hazard due to prevailing high winds and the lack of existing water pressure in higher elevations.

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5. Section 5.2.3.7 was added to amend Sections 1507.8 and 1507.9 of the CBC to require wood shingles and wood shakes used for roof coverings to be at least a class B treated roof. The City Council finds this provision necessary to reduce the fire hazard due to prevailing high winds.

6. Section 5.2.3.8 was added to repeal and replace Health and Safety Code Sections 115922 and 115923 to enhance pool and spa safety measures. Due to the topography, many swimming pools within the city are visible from the streets or neighboring properties. This creates an attraction, especially among young children, and an increase in potential drowning hazards. Therefore, the enhanced safety measure and protection of the residents and visitors with the additional pool and spa safety feature is necessary to enhance life safety within the city.

7. Section 5.2.3.9 was added to clarify when a grading permit is required to ensure proper mitigation measures are included in grading projects to assess and address the city’s unstable soils. The City Council finds this provision is necessary to ensure that increased flooding potential in the flat lands is minimized.

B. 2022 California Residential Code (CRC), Cal. Code of Regulations, Title 24, Part 2.5

1. Section 5.2.5.2 was added to amend Section 304.5 of the CRC to aid in the city’s declared housing crisis and construction of small accessory dwelling units.

2. Section 5.2.5.3 was added to modify Section 319 of the CRC for improved standardization of address signage to improve building identification for disaster recovery and emergency response, due to the topography, potential forest fire, larger lots in some areas, and densely packed housing in others.

3. Section 5.2.5.4 was added to amend Section R902.1.3 of the CRC to require roof coverings used on all buildings located at elevations of 100 feet or over to be at least a class B roof.

The Council finds this provision necessary to reduce the fire hazard due to prevailing high winds and the lack of existing water pressure in higher elevations.

4. Section 5.2.5.5 was added to amend Sections R905.7 and R905.8 of the CRC to require wood shakes and wood shingles used for roof coverings to be at least a class B treated roof. The Council finds this provision necessary to reduce the fire hazard due to prevailing high winds.

5. Section 5.2.5.6 was added to amend Section R1005.3 of the CRC to require enclosures for factory-built metallic chimneys to be separated from habitable space and attic areas with materials approved for one-hour fire-resistive construction. The City Council finds this provision necessary to protect the building in the event of a chimney failure and to reduce the fire hazard due to seismic activity and prevailing high winds.

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6. Section 5.2.5.7 was adopted and modified to aid in the city’s declared housing crisis, in order to have the ability to utilize available shelters to help alleviate this or any potential crisis.

C. 2022 California Electrical Code (CEC), Cal. Code of Regulations, Title 24, Part 3

1. Sections 5.2.7.1 and 5.2.7.2 were added to amend Sections 110.1 and 590.1 of the CEC to clarify the authority of the Chief Building Official to allow, restore, or disconnect electrical services due to hazardous conditions in a high wind climate or emergencies.

D. 2022 California Plumbing Code (CPC), Cal. Code of Regulations, Title 24, Part 5

1. Section 5.2.10.1 was added to amend Section 609.3 of the CPC to prohibit the use of water piping in or on the ground under buildings or structures. The council finds this prohibition necessary because the City’s soil conditions are such that metal pipe corrodes and non- metallic pipe may fracture or break.

2. Section 5.2.10.2 was added to amend Section 719.1 of the CPC to require a sewer cleanout at the property line. The council finds that due to the City’s expansive soil conditions, sewer lines fail, and this cleanout allows the City to take responsibility for cleaning and maintaining that portion of the lateral to the main line.

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK
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CITY OF FAIRFIELD
ORDINANCE NO. 2022-14

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REPEALING AND REPLACING CHAPTER 5 OF THE CITY OF FAIRFIELD MUNICIPAL CODE (ALSO KNOWN AS

THE BUILDING AND HOUSING CODE OF THE CITY OF FAIRFIELD), ADOPTING BY REFERENCE TITLE 24, OF THE 2022 CALIFORNIA CODE OF REGULATIONS, KNOWN COLLECTIVELY AS THE CALIFORNIA BUILDING STANDARDS CODE; RESPECTIVELY PART 2, CALIFORNIA BUILDING CODE; PART 2.5, CALIFORNIA RESIDENTIAL BUILDING CODE; PART 3, CALIFORNIA ELECTRICAL CODE; PART 4, CALIFORNIA MECHANICAL CODE; PART 5, CALIFORNIA PLUMBING CODE; PART 6, CALIFORNIA ENERGY CODE; PART 8, CALIFORNIA HISTORICAL BUILDING CODE; PART 9, CALIFORNIA FIRE CODE (AS AMENDED IN CHAPTER 8 OF THE CITY OF FAIRFIELD MUNICIPAL CODE); PART 10, CALIFORNIA EXISTING BUILDING CODE; PART 11, CA LIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN CODE); PART 12, CALIFORNIA REFERENCED STANDARDS CODE, AND ALSO ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE

CODE, AND SUPPLEMENTARY SECONDARY REFERENCES

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 5 of the city of Fairfield Municipal Code (also known as the Building and Housing Code of the city of Fairfield) is hereby repealed in its entirety and replaced as follows:

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ORD. NO. 2022-14

Chapter 5

CITY OF FAIRFIELD BUILDING AND HOUSING CODE
Article I: 5.1. Administration
Sections:

5.1.1 Application.

5.1.2 Purpose and authority.

5.1.3 Administration chapter adopted.

5.1.4 Administration chapter amended.

5.1.4.1 Title.

5.1.4.2 Other laws.

5.1.4.3 Permits.

5.1.4.4 Submittal documents.

5.1.4.5 Inspections.

5.1.4.6 Certificate of occupancy.

5.1.4.7 Appeals.

5.1.4.8 Violations.

5.1.4.9 Expedited permit process for small
residential rooftop solar systems.

5.1.4.10 Expedited permit process for electric
vehicle charging stations.

5.1.4.11 Safety assessment placards.

Article II: 5.2. Codes adopted and amended

5.2.1 Adoption of the California Building
Standards Codes.

5.2.2 Building Code adopted.

5.2.3 Building Code amended.

5.2.3.1 Definitions.

5.2.3.2 Building addresses.

5.2.3.3 Factory-built chimney and fireplaces.

5.2.3.4 Automatic Sprinkler systems.

5.2.3.5 Efficiency dwelling units.

5.2.3.6 Fire classification.

5.2.3.7 Requirements for roof coverings.

5.2.3.8 Swimming Pools, Spas, and Hot Tubs

5.2.3.9 Grading

5.2.4 Residential Building Code adopted.

5.2.5 Residential Building Code amended.

5.2.5.1 Definitions.

5.2.5.2 Efficiency dwelling units.

5.2.5.3 Site addresses

5.2.5.4 Fire classification.

5.2.5.5 Requirements for roof coverings.

5.2.5.6 Factory-built chimney and fireplaces.

5.2.5.7 Emergency Housing

5.2.6 Electrical Code adopted

5.2.7 Electrical Code amended.

5.2.7.1 Requirements for electrical

5.2.7.2 Temporary power.

5.2.8 Mechanical Code adopted.

5.2.9 Plumbing Code adopted.

5.2.10 Plumbing Code amended.

5.2.10.1 Materials

5.2.10.2 Installation, Testing, Unions, and
Locations.

5.2.10.3 Cleanouts

5.2.11 Energy Code adopted.

5.2.12 Historical Building Code adopted.

5.2.13 Existing Building Code adopted.

5.2.14 California Green Building Code
adopted.

5.2.15 California Referenced Standards
Code adopted.

5.2.16 International Property Maintenance
Code adopted

5.2.17 Secondary Codes and standards
adopted as supplemental reference.

Article III 5.3. Other Regulations

5.3.1 Wood Burning Appliances

5.3.2 Toilet Facilities during construction
work.

5.3.3 Fee Deferral: Low- and Moderate-
Income Housing

5.3.4 Fee Credit Bank: Low- and Moderate-
Income Housing

5.3.5 Fee Credit Bank: Commercial and
Industrial Development Projects.

5.3.6 Seismic Hazards Identification
Program.

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ORD. NO 2022-XX

1st Reading/Introduction
Community Development Department
C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\A90B2EE1-4C8A-476A-8F78-6446663537E2\Fairfield, CA.7711.1.ORD._2022-x_Chapter_5.docx
Chapter 5

Article I – Chapter 5.2. Administration

5.1.1 Application.

This chapter is applicable within the city limits of the City of Fairfield. This chapter shall apply to all new construction, alterations, repairs, relocations, or reconstruction of any building or structure or any portion thereof, including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or u sed on or within any building; including Article III of this chapter as may be applicable.

5.1.2 Purpose and authority.

The purpose of this article is to adopt by reference, the 2022 edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the definitions, clarifications, and amendments set forth in this chapter. The purpose of this chapter is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the City of Fairfield. The ordinance codified in this chapter is adopted under the authority of the California Government Code section 50022.2 and the California Health and Safety Code section 18941.5.

5.1.3 Administration chapter adopted.

Chapter 1, division I and division II of the California Building Code (CBC), volume 1, 2022 edition, is hereby adopted in its entirety, as amended below, as the administrative provis ions of chapter 5 of the Fairfield Municipal Code. Chapter 1; division II, sections R105.2 through 105.2.2 and R106 of the California Residential Code (CRC), 2022 edition, are additionally hereby adopted, as amended below, as further administrative provisions of this chapter as applicable to projects subject to the California Residential Code, as defined in section 101.2 of the California Building Code.

5.1.4 Administration chapter amended.

Chapter 1, division II of the California Building Code, 2022 edition, and Chapter 1, division II, sections R105.2 through 105.2.2 and R106.1.1 of the California Residential Code, 2022 edition, adopted in section 5.1.3, are hereby amended as set forth in sections 5.1.4.1 through 5.1.4.11.

5.1.4.1 Title.

Section 101.1 - Title. Replace Section 101.1 of the CBC with the following:

Section 101.1 - Title.

These regulations of Chapter 5 of the City of Fairfield shall be known as the City of Fairfield Building and Housing Code, hereinafter referred to as “this code”.

5.1.4.2 Other laws.

Section 102.2 - Other laws. Add the following subsection to section 102.2 of the CBC:

Section 102.2.1 Conflicts with other laws or rules.

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In the event of any conflict between this code and any law, rule, or regulation of the State of California, that requirement that establishes the higher standard of safety shall govern. Failure to comply with such a standard of safety shall be a violation of this code.

5.1.4.3 Permits.

Section 105.1 - Required. Add the following subsection to section 105.1 of the CBC:

Section 105.1.3 Demolition.
(A) No wrecking or demolition of any building or structure shall be started until the person who will accomplish such wrecking or demolition has obtained all necessary permits and has complied with all the provisions of this code.
(B) Prior to the start of any demolition work on any building or structure, all utilities to such building or structure shall be properly disconnected. Utility disconnection shall be performed or supervised by the proper governmental agency or utility company affected. Sewer laterals shall be capped at the property line and its location marked for identification. (C) Prior to the issuance of a building permit or encroachment p ermit, and the start of any demolition or wrecking work on any building, structure, or property, the wrecker must obtain an Acknowledgment Letter from the Bay Area Air Quality Management District. (D) The permittee shall take all necessary precautions to adequ ately protect adjacent properties, structures, and occupants.
(E) The permittee shall fill all excavation levels with adjoining grades not later than ten (10) days after a building or structure is demolished.
(F) The permittee shall provide all protection necessary to prevent damage to public property and shall be liable for the cost of repair or replacement of all damaged public property, including but not limited to, streets, sidewalks, alleys, streetlights, fire hydrants, and all other public utilities or structures located on public property.
(G) All debris, building material, and rubbish must be removed from the property not later than ten (10) days after the building or structure is razed. (H) All dust resulting from wrecking or demolition operations shall be immediately settled by wetting the same with water of sufficient quantity to prevent the dust from leaving the site of the demolition or wrecking project. Demolition shall be stopped during periods of high winds that carry the dust from the site before it can be settled by wetting. The permittee shall be responsible for maintaining clean public streets during such operations. The permittee must obtain the necessary encroachment permits for any work done on public property. The permittee shall wash off public property to remove all silt and dust but must not enter the storm drain system. To prevent such material from entering the storm drain, the permittee shall properly pond the gutter to permit such material to settle, and it shall be then cleaned up and hauled away. This procedure shall be followed in accordance with the requirements and policies of the Public Works Department and the Clean Water Act.
(I) The permittee shall submit evidence of having liability insurance prior to approval and or commencement of any work.

Section 105.1 - Required. Add the following subsection to section 105.1 of the CBC:

Section 105.1.4 Moved buildings.

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No person shall move any building or structure into, from, or within the City, or cause same to be done, without first obtaining from the Building Official, a separate permit for each building or structure. Application for each permit shall be made to the Building Official in writing on a form furnished for such purpose. Each application shall contain the following:
(A) Name and address of the owner of the building.
(B) The location from which such a building is to be moved. (C) Recent photographs showing at least three sides of each building. (D) The name and address of the person who will move the building. (E) The location to which such a building is to be moved. (F) A plot plan of the new location, indicating dimensions and locations of the existing and proposed building, yards, and setbacks.
(G) An agreement by the applicant to perform the work necessary to make the building, when relocated, comply with, and conform to all applicable building laws of the State and of the city. (H) An agreement that the site from which the building or structure is moved will, within a time fixed, be cleared of all garbage, rubbish, and waste matter, and leveled or barricaded to eliminate any hazards to persons or property in a manner prescribed by the Building Official. (I) Approval from Community Development Department, Planning Division. (J) Approval from Public Works Department, Engineering Division. (K) Subsections F and G shall not apply when the building or structure is being moved outside the City.
(L) A permit shall not be issued for the moving of any building or portions thereof into or upon any public property or right-of-way of the City unless the permittee has secured public liability insurance, submitted proof of such insurance, and has obtained approval from the Public Works Department.

Section 105.2 - Work exempt from permit: Replace, Building: Item 1, in section 105.2 of the CBC with the following:

Building 1. One-story detached accessory structures, used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet (11.15 m2), the structure meets setback and height limitation requirements as outlined in chapter 25 of the Fairfield Municipal Code.

Section 105.2 - Work exempt from permit: Replace, Building: Item 9 in section 105.2 of the CBC with the following:

Building: 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, are not greater than 5,000 gallons , (18,925L), and are installed entirely above ground.

Section 105.2 - Work exempt from permit: Add the following to section 105.2 of the CBC:

Building: 14. Repairs to roof covering not exceeding a total of 100 square feet within any 12- month period.

Section 105.2 - Work exempt from permit: Add the following to section 105.2 of the CBC:

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Building: 15. Where projects are subject to the CRC, as defined in section 101.2 of the CBC, the exemptions in sections R105.2 through R105.2.2 of the CRC may be applied.

Section 105.3 - Application for permit. Add the following to section 105.3.1 of the CBC:

Section 105.3.1.1 – Conditions of issuance. Except as provided in "Exception 1", below, or by City Council action, or by recorded fee deferral agreement between the City and permittee, or meeting the provisions of Section 5.3.3 of the City Code, a building permit shall not be issued for any structure until:
(A) All applicable fees, including, but not limited to, purchase of water meter, construction water, sewer, and water connection fees, park and recreation fees, school impact fees, school development fees, school mitigation fees, construction license tax, Solano County facilities fee and those special charges for each facility described in the reimbursement agreements identified in Sec. 6B.6 of the City Code are paid.
(B) Any contractor or subcontractor who applies for permits to do work on said structure holds a current business license to do work in the city.
(C) Where an application for a building permit includes electrical, mechanical, and or plumbing work, a single permit shall be issued for all work specified in the application, except for commercial and industrial projects, where separate electrical, plumbing, or mechanical permits may be issued. (D) No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person for the purpose of completing the work for which the permit was issued. When the permittee to whom the permit has been issued no longer has a vested interest in the project or is no longer responsible for the project or work covered by the permit, the permit shall automatically become null and void. No person shall proceed with such a project or work without first obtaining a new permit.

A permit to do or, to cause to be done, any work regulated by this code shall be issued only to persons holding a valid contractor's license issued by the State of California authorizing said person to undertake such work or to a person exempt from the contractor's licensing requirements of the State of California.

Exception:

The director of community development may reduce the amount of the park and recreation fees, water connection fees, construction license tax, purchase of water meters, and or other fees described in Section 105.3.1.1 above by the amount of the annual increase in those fees ("the incremental increase") under the following circumstances:
(a) The project for which a building permit is being applied was previously issued building permit(s) which have expired.
(b) Construction under the previously issued permit(s) began but was not completed. (c) The project has been the subject of foreclosure, receivership, bankruptcy, or other similar proceedings.
(d) The applicant for the building permit(s) demonstrates to the satisfaction of the community development director, that payment of the incremental increase substantially decreases the possibility that the construction of the project will be completed.

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(e) The community development director determines that the project's state of partial construction creates a nuisance or otherwise provides an unsafe environment for the citizens of Fairfield.
(f) Upon written request by the applicant, the applicant may request credit for existing infrastructure already installed at the site. The community development director may authorize credit or reduction in a fee or fees based on the existing infrastructure or impact. If authorized, in no case shall credit be granted more than the current fee or applied to different fees.

The community development director shall condition any reduction of fees pursuant to this Exception upon the applicant's completion of the project within a time certain.

Section 105.3.2 - Time limitation of application. Replace section 105.3.2 of the CBC with the following section:

Section 105.3.2 - Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned and expired one year after the date of filing or a permit has been issued. If an application has been pursued in good faith, an applicant who requests in writing prior to the expiration qualifies for a single one-year extension. Upon approval of the building official, a second one-year extension may be granted with just cause. The fee for a permit extension shall be as prescribed in the building division fee schedule.

Section 105.5 - Expiration. Replace section 105.5 of the CBC with the following section:

Section 105.5 - Expiration.

Unless otherwise authorized or restricted, every permit issued by the chief building official under the provisions of this code shall expire and become null and void one year from the date of issuance. The chief building official may issue a permit for a lesser period when necessary to abate dangerous or sub-standard conditions. The chief building official may grant up to a maximum of two one-year extensions of an unexpired permit to any permittee who submits a request in writing, demonstrating justifiable cause for granting the extension. The fee for a permit extension shall be as prescribed in the building division fee schedule.

Before any work can be recommenced on an expired permit, a new permit shall be obtained.

All work done under a new permit shall comply with the most current edition of the codes in effect at the time a new permit for the remaining work is applied for and shall app ly to that permit through the point of completion or expiration, whichever occurs first.

Expired permits may be granted a one-time administrative ninety (90) day extension upon approval of the chief building official where projects have received all required inspections except a final inspection approval. The fee for an administrative permit extension shall be as prescribed in the building division fee schedule.

5.1.4.4 Submittal documents.

Section R106 - Construction documents.

This section applies only where projects are subject to the California Residential Code, as defined in section 101.2 of the California Building Code.

Section R106 - Construction documents. Add the following to subsection R106.1.1 of the CRC:

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Where applicable, the construction documents shall provide the information specified in Section 1603 of the California Building Code.

Section R106 - Construction documents. Add the following subsection to section R106.1.1 of the CRC:

Section R106.1.1.1 - Residential standard plans.

Subsequent standard plans applied for off a previously approved master plan , require another application and master plan when the standard plan differs from the prior set of master plans that were submitted; including but not limited to: different subdivision, design review changes, different topography, different soil conditions, construction detail changes, and/or the building is different in any respect. Plan review fees of standard plan submittals shall be as prescribed in the building division fee schedule.

5.1.4.5 Inspections.

Section 110 - Inspections. Add the following to section 110.1 of the CBC:

Except where special inspection is specified in chapter 17 of the CBC, the chief building official may authorize alternative inspection procedures requiring declarations from duly licensed professionals.

Section 110 - Inspections. Delete the exception from section 110.3.5 of the CBC.

5.1.4.6 Certificate of occupancy.

Section 111.1 - Use and occupancy. Add the following to section 111.1 of the CBC:

Certificates of occupancy will not be issued without approvals of all applicable agencies, the city fire department, and or other city departments when such departments have conditions of approval made part of the permit. Such a certificate shall not be issued until compliance , with all city requirements, has been met. Occupying or using a structure without this approval shall constitute a violation of this code and will be deemed a safety hazard and or a public nuisance.

Section 111.2 - Certificate issued. Add the following to section 111.2 of the CBC:

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the chief building official.

Exception: The certificate of occupancy need not be posted in Group R-3 occupancies or their associated accessory structures.

5.1.4.7 Appeals.

Section 113 – Board of appeals. Replace the phrase “board of appeals” with “building appeals board.”

Section 113.1 – General. Replace the phrase “board of appeals” with “building appeals board.”

Section 113.2 - Limitations on authority. Add the following to section 113.2 of the CBC:

Appeals of decisions of the chief building official shall be submitted to the building division on forms provided by the division and shall be accompanied by a non-refundable fee as required by Packet Page 499 of 575Attachment 2 Page 8 of 38

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the building division fee schedule. All appeals shall be filed within ten calendar days of the date of the decision of the chief building official, except as otherwise noted herein.

Add the following subsection to section 113 of the CBC:

Section 113.4 - Members. Five (5) building official members of the Napa-Solano Chapter of the International Code Council (NSICC), chosen on a case-by-case basis, shall serve as building appeals board members for the City of Fairfield. The NSICC, an organizati on of building officials, building inspectors, and construction industry personnel, was formed in 1978 to help maintain consistent and uniform code enforcement and code interpretation within the jurisdictions of Napa and Solano counties. Building Officials from jurisdictions within Napa and Solano counties and neighboring counties are members of the NSICC. Building Official members of the NSICC are well-versed in the technical and administrative provisions of construction codes. In appeals of decisions of disabled access, a minimum of two members shall be CASp certified or certified by the International Code Council in disabled access. The chief building official of the City of Fairfield or designee shall be an ex-officio, non-voting member.

5.1.4.8 Violations.

Section 114.1 - Unlawful acts. Add the following to section 114.1 of the CBC:

Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, although the first offense may be handled as an infraction pursuant to the City of Fairfield Municipal Code, chapter 1, article I, section 1.7. Each such person shall be deemed guilty of a separate offense for each violation and for every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted.

Upon proof of any such violations, the penalty shall be punished by either a fine not exceeding two thousand dollars ($2,000.00) per occurrence, or imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment (misdemeanor), or as an infraction, with a fine not to exceed five hundred dollars ($500.00) per day per violation. Any penalties under this or other codes do not waive any requirements for code compliance.

Section 114.4 - Violation penalties. Add the following subsections to section 114.4 of the CBC:

Section 114.4.1 – Investigation fees.

Whenever any work for which a permit is required under the provisions of this code is started or proceeded with, prior to obtaining a permit, a special investigation shall be made before a permit may be issued for such work. In addition to the permit fee, an investigation fee equal to the number of hours worked to obtain compliance, times the building division’s current adopted hourly fee schedule, shall be collected. The payment of the investigation fee shall not exempt any person from fully complying with the provisions and requirements of the code in the execution of the work nor from any other penalties prescribed by law and shall be in addition to the building permit and plan review fees.

Section 114.4.2 - Violation recordation.

When any building is constructed, altered, converted, or maintained in violation of the provisions of this article, the enforcement agency, after giving the owner written notice and a Packet Page 500 of 575Attachment 2 Page 9 of 38

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reasonable time to correct the violation, may petition the City Council for authorization to record a notice of the violation in the recorder’s office.

The petition shall be filed in triplicate with the city clerk and shall set forth the facts giving rise to such violation.

Upon receipt of the petition, the city clerk shall set a date for a hearing on the petition by the council and shall mail a copy of the petition and notice of the hearing to the owner responsible for the violation.

In passing upon such petition, the council shall determine the truth of the allegations of such petition and shall determine whether a notice of the violation shall be recorded by the city clerk in the recorder’s office.

5.1.4.9 Expedited permit process for small residential rooftop solar systems.

Add the following section to the CBC:

Section 120 - Expedited permit process for small residential rooftop solar systems.

A. Purpose and Intent. The purpose of this section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting public health and safety.

B. Definitions. As used in this section:
“Electronic submittal” means the utilization of electronic submittal via the internet. “Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
“Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case , more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed, provided said proposal meets code requirements.

2. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed, provided said proposal meets code requirements. “Small residential rooftop solar energy system” means all the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.

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3. A solar energy system that is installed on a single- or duplex-family dwelling or residential accessory structure.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
“Specific adverse impact” means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. Applicability.

1. This section applies to the permitting of all small residential rooftop solar energy systems under the jurisdiction of the city.

2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit.

D. Solar Energy System Requirements.

1. All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City.

2. Solar energy systems for heating water in single-family residences shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Inst itute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

E. Applications and Documents.

1. All documents required for the submission of an expedited solar energy system application shall be made available on the City website.

2. Electronic submittal of the required permit application and documents by the Internet shall be made available to all small residential rooftop solar energy system permit applicants.

3. The City’s building division shall adopt and post on the City’s website a standard plan and checklist of all requirements (“Expedited Application Requirements”) with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. Said plan and checklist shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version o f the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

4. Prior to submitting an application, the applicant shall:
a. Verify to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques, that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
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b. At the applicant’s cost, verify to the city’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground, and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

F. Permit Review and Inspection Requirements.

1. An application that satisfies all the expedited application requirements, as determined by the chief building official or designee shall be deemed complete.

2. Once deemed complete, the building division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications. The issuance of said permit does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid until inspected and authorization to do so has been granted by the chief building official or designee. The applicant is further responsible for obtaining such approval or permission to connect from the local utility provider.

3. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and may include a consolidated inspection by the building official and fire marshal (where applicable), and/or their designated representatives. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however, the subsequent inspection need not conform to the requirements of this subsection.

4. If the building official determines an application is incomplete, the chief building official or designee shall issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. Said written correction notice shall be issued within five business days of the date of determination of an incomplete application.

5. The chief building official or designee may require an applicant to apply for a limited review permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety. Such a decision may be appealed by the applicant to the CDD director subject to the provisions of subsection G.

6. If a limited review permit is required, the chief building official may deny such application if it makes written findings based upon substantive evidence in the record that the pro posed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. Such findings shall include the basis for the rejection of the potentially feasible alternative for preventing the adverse impact. Such a decision may be appealed by the applicant to the CDD director subject to the provisions of subsection G.

7. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

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G. Appeals.

1. The applicant may appeal decisions rendered pursuant to subsection (F)(4) or (F)(5) upon payment of the appeal fee, submittal of an appeal application to the CD D front counter within ten (10) calendar days of the date of the decision.

2. The decision of the CDD director on an appeal is final.

5.1.4.10 Expedited permit process for electric vehicle charging stations.

Add the following section to the CBC:

Section 121 - Expedited permit process for electric vehicle charging stations.

A. Applicability. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7.

B. Definitions

1. Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

2. Electronic submittal means the utilization of electronic submittal via the internet.

3. Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.

C. Electric vehicle charging station permit application checklist

1. The Building Official shall have a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor’s Office of Planning and Research.

2. The checklist, application form, and any other documents required for the submission of an electric vehicle charging station application shall be made available on the publicly accessible City website.

3. Anyone seeking to install an electric vehicle charging station at any site within the city may apply to the building official for an expedited nondiscretionary building permit.

4. An application for an expedited building permit for an electric vehicle charging station, and all associated documentation, may be submitted to the building official in person, by mail, or by electronic submittal. Electronic signatures may be used in lieu of wet signatures.

D. Permit application review

1. An application that, in the opinion of the building official, satisfies the information requirements of the checklist shall be deemed complete.

2. If an application is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.

3. If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all applicable code requirements and would not have Packet Page 504 of 575Attachment 2 Page 13 of 38

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a specific, adverse impact on public health or safety, the application shall be approved, and a building permit shall be issued.

4. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact on public health or safety, the building official shall require the applicant to resubmit for an “electric vehicle charging station use permit” to install the proposed charging station.

5. Upon resubmission, the electric vehicle charging station use permit shall be reviewed by the building official. If the building official issues the “electric vehicle charging station use permit,” the permit may include conditions designed to mitigate or avoid the specific, adverse impact on public health and safety. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for the rejection of an electric vehicle charging station use permit application shall include the building official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official’s review shall be limited to health and safety issues. Aesthetic concerns or other items not related to public health or safety shall not be considered.

6. A decision of the building official made pursuant to paragraphs 3-5 of this subsection may be appealed to the Planning Commission within 10 calendar days from the original date of the decision. The Planning Commission’s review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considere d.

7. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

5.1.4.11 Safety Assessment Placards.

Add the following section to the CBC:

Section 122 - Safety Assessment.

This Section establishes standard placards to be used to indicate the condition of a structure related to the safety of occupancy. This Section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

The provisions of this Section are applicable to all buildings and structures of all occupancies regulated by the City of Fairfield.

“Safety assessment” means a visual, non-destructive examination of a building or structure for the purpose of determining the condition for safe continued occupancy.

The following are descriptions of the official jurisdiction placards to be used to designate the condition for continued safe occupancy of buildings or structures.

INSPECTED (green placard) – Occupancy is permitted. This placard will be posted on any building Packet Page 505 of 575Attachment 2 Page 14 of 38

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or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

RESTRICTED USE (yellow placard) – Occupancy is limited. This placard will be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms, the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

UNSAFE (red placard) – Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

The name of the jurisdiction, its address, phone number, and date of posting shall be noted on each placard.

Once it has been attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm, or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this Section.

Article II – Chapter 5.2. Codes Adopted and Amended

5.2.1 Adoption of California Building Standards Codes.

The following publications are hereby adopted by reference and incorporated in this article, except as expressly amended or superseded by the provisions of this article. The 2022 Triennial Edition of Title 24, California Code of Regulations (CCR), consists of the following parts:

Part 2 - California Building Code; Part 2.5 - California Residential Building Code; Part 3 - California Electrical Code; Part 4 - California Mechanical Code; Part 5 - California Plumbing Code; Part 6 - California Energy Code; Part 8 - California Historical Building Code; Part 9 - California Fire Code (as amended in chapter 8 of the City of Fairfield municipal code); Part 10 - California Existing Building Code; Part 11 - California Green Building Standards Code (CalGreen Code); Part 12 – California Referenced Standards Code.

5.2.2 Building Code adopted.

Adopt the California Building Code, 2022 edition, volumes 1 and 2, based on the 2021 International Building Code, as published by the International Code Council (ICC), as adopted and amended by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, division I of the CBC, where the city is the enforcing authority or the authority has been delegated to the c ity by these agencies Packet Page 506 of 575Attachment 2 Page 15 of 38

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in the California Building Code, California Code of Regulations, title 24, part 2, including, the adoptions of Chapter 31, section 3109, Appendix C (Group U - Agricultural Buildings), and Appendix J (Grading).

5.2.3 Building Code amended.

The California Building Code adopted in Section 5.2.2 is modified, amended, and or supplemented as set forth in Sections 5.2.3.1 through 5.2.3.9.

5.2.3.1 Definitions.

Section 202 - Definitions. Add the following to section 202 of the CBC:

Bedroom: A room that meets the minimum dimension, area, and height requirements for a habitable room as specified in California Building Code section 1208 or California Residential Building Code sections R304 and R305 that has an adjoining area or space that may be utilized as a closet whether or not the room is actually utilized for sleeping purposes.

5.2.3.2 Building addresses.

Section 502.1 - Address identification. Replace section 502.1 of the CBC with the following section:

Section 502.1 - Address identification.

Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position on the subject building that is visible from the street or road fronting the property. Whenever the address on the building will not be clearly visible from the public street or access road fronting the property, and or the address is more than 150 feet from the street (e.g., driveways over 150 feet in length), the address shall also be placed at the public street or access road in a manner that is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Numbers and letters shall be a minimum 4-inch letter height, ½ inch stroke, reflectorized, and contrast with their background; or a minimum 5-inch letter height, ½ inch stroke, and contrast with their background. Address identification shall be maintained at all times, including throughout the construction process of new and or remodeled buildings.

5.2.3.3 Factory-built chimneys and fireplaces
Section 718.2.5.1 - Factory-built chimneys and fireplaces. Add the following to section 718.2.5.1 of the CBC:

Enclosures for factory-built metallic chimneys used for solid fuel-burning appliances shall also be separated from habitable space (conditioned or unconditioned) and attic space by the installation of materials approved for a minimum 1-hour fire-resistive construction on the chimney side of the enclosure (e.g., 5/8 inch type “X” sheetrock installed in accordance with this code and the latest edition of the Fire Resistance Design Manual for Gypsum Systems).

5.2.3.4 Automatic sprinkler systems
Section 903.2 – Where required. Add the following to section 903.2 of the CBC:

Or as amended in Chapter 8 of the City of Fairfield Municipal Code.

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5.2.3.5 Efficiency dwelling units.

Section 1208.4 - Efficiency dwelling units. Replace section 1208.4 of the CBC with the following:

Section 1208.4 - Efficiency dwelling units.

Efficiency dwelling units shall comply with the following:

1. The unit shall have a living space with a minimum floor area of not less than 150 square feet. An additional 100 square feet (9.3 m2) of floor area shall be provided for each o ccupant of such unit in excess of two.

2. The unit shall be provided with a separate closet.

3. For other than Accessible, adaptable dwelling units, the unit shall be provided with a kitchen sink, cooking appliance, and refrigerator, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

4. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

5.2.3.6 Fire Classification.

Section 1505.1.3 – Roof coverings within all other areas. Add the following to section 1505.1.3 of the CBC:

Roof coverings used on all buildings located at elevations of 100 feet or more above sea level shall be Class B fire-resistive rated.

5.2.3.7 Requirements for roof coverings.

Section 1507.8 – Wood shingles. Add the following to section 1507.8.5 of the CBC: Wood shingles shall be a fire-resistive treated material and shall be tested and listed with a minimum of a Class B assembly rating.

Section 1507.9– Wood shakes. Add the following to section 1507.9.6 of the CBC:

Wood shakes shall be a fire-resistive treated material as approved for a Class B assembly or greater.

5.2.3.8 Swimming Pools, Spas, and Hot Tubs.

Section 3109.2 – California swimming pool safety act. Repeal and replace the Health and Safety Code Section 115922, noted in section 3109.2 of the California Building Code, with the following section:

Section 3109.2 – California swimming pool safety act, Subsection 115922. 115922. (a) Except as provided in California Health and Safety Code section 115925, when a building permit is issued for the construction of a new swimming pool or spa, or any building permit is issued for the remodeling of an existing pool or spa, at a private single-family home, the pool or spa shall contain safety features as required in either subsection (1) or (2) below.

(1) The pool must be surrounded by a permanent enclosure that isolates the pool or spa from the home which meets the requirements of California Health and Safety Code section 115923 Packet Page 508 of 575Attachment 2 Page 17 of 38

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and shall also be equipped with one of the following other safety features for each pool or spa:
(A) An approved safety cover, as defined in subdivision (d) of section115921.
(B) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.
(C) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

(2) The pool must be surrounded by a permanent enclosure that is either, a perimeter property enclosure, or an enclosure that utilizes a portion or portions of the residence (including an attached garage) as part of the enclosure, meeting the requirements of California Health and Safety Code section 115923. In addition to the enclosure noted in this section, each pool or spa shall also be equipped with two of the following other safety features:
(A) Removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self- latching and can accommodate a key lockable device.
(B) An approved safety cover, as defined in subdivision (d) of section115921. (C) Exit alarms on the single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may either cause an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.” (D) A self-closing, self-latching device with a release mechanism placed no lower than 54 inches above the floor on a single-family home’s doors providing direct access to the swimming pool or spa.
(E) An alarm that, when placed in a swimming pool, spa, or hot tub, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be independently certified to the ASTM Standard F2208 “Standard Safety Specification for Residential Pool Alarms,” which includes surface motion, pressure, sonar, laser, and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature. (F) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the devices set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or the American Society of Mechanical Engineers (ASME).

(b) Prior to the issuance of approval to plaster, the building department shall inspect the drowning safety prevention devices required by this code and if no violations are found, approval Packet Page 509 of 575Attachment 2 Page 18 of 38

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to plaster shall be given. Prior to final, the building department shall again inspect the drowning safety prevention devices required by this code and if no violations are found, shall give final approval.

Section 3109.2 – California swimming pool safety act, Subsection 115923.

Repeal and replace the Health and Safety Code Section 115923, noted in section 3109.2 of the California Building Code, with the following section:

Section 3109.2– California swimming pool safety act, Subsection 115923. 115923. An enclosure shall have all the following characteristics:
(a) Any access gates through the enclosure shall open away from the pool or spa and be self- closing with a self-latching device placed no lower than 60 inches above the ground, except as allowed or required in items (f) through (h) below.
(b) A minimum of 60 inches in height.
(c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.
(d) Gaps or voids, if any, do not allow the passage of a sphere equal to or greater than four inches in diameter.
(e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.
(f) Gates, other than pedestrian access gates, can be non-self-closing and non-self-latching equipped with lockable hardware or padlocks, and the gate shall remain locked at all times when not in use. A permanent sign shall be permanently attached to and posted on any non-self-closing and non-self-latching gate that may provide access to a pool or spa, which reads: “This access is to be kept locked at all times.” (g) Driveway gates that are part of the enclosure shall be electronically operated and shall automatically close within one minute of being opened.
(h) Gates that open parallel with the enclosure is allowed and equipped as noted in item (f) or (g) above.

In all cases, owners/occupants shall always maintain all required enclosures and safety features.

5.2.3.9 Grading.

Section J103.2 Exemptions. Replace Exemption 1 in section J103.2 of the CBC with the following:

Exemption 1. Grading less than 50 cubic yards, where such grading does not create a cut or fill in excess of 3 feet, does not impact a neighboring property, does not alter drainage, is not in a flood plain or floodway, or is not in a wetland or other protected area.

5.2.4 Residential Building Code adopted.

Adopt the California Residential Building Code, 2022 edition, based on the 2021 International Residential Building Code as published by the International Code Council (ICC), as adopted and amended by the Department of Housing and Community Development in the California Building Packet Page 510 of 575Attachment 2 Page 19 of 38

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Standards Code, California Code of Regulations, title 24, part 2.5 including, the adoption of Appendix AZ (Emergency Housing).

5.2.5 Residential Building Code amended.

The California Residential Building Code adopted in section 5.2.8 is modified, amended, and or supplemented as set forth in sections 5.2.5.1 through 5.2.5.7.

5.2.5.1 Definitions.

Section 202 - Definitions. Add the following to section 202 of the CRC:

Bedroom: A room that meets the minimum dimension, area, and height requirements for a habitable room as specified in California Building Code section 1208 or California Residential Building Code sections R304 and R305 that has an adjoining area or space that may be utilized as a closet whether or not the room is actually utilized for sleeping purposes.

5.2.5.2 Efficiency dwelling units.

Section R304 - Minimum Room Areas. Add the following to section R304:

Section R304.5 - Efficiency dwelling units.

Efficiency dwelling units shall comply with the following:

1. The unit shall have a living space with a minimum floor area of not less than 150 square feet. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.

2. The unit shall be provided with a separate closet.

3. For other than Accessible, adaptable dwelling units, the unit shall be provided with a kitchen sink, cooking appliance, and refrigerator, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

4. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

5.2.5.3 Site addresses.

Section R319 - Address identification. Replace section R319 of the CRC with the following section:

Section R219.1 - Address identification.

Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position on the subject building that is visible from the street or road fronting the property. Whenever the address on the building will not be clearly visible from the public street or access road fronting the property, and or the address is more than 150 feet from the street (e.g., driveways over 150 feet in length), the address shall also be placed at the public street or access road in a manner that is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Numbers and letters shall be a minimum 4-inch letter height, ½ inch stroke, reflectorized, and contrast with their background; or a minimum 5 -inch letter height, ½ inch stroke, and contrast with their background. Address identification shall be maintained at all times, including throughout the construction process of new and or remodeled buildings.

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5.2.5.4 Fire classification.

Section R902.1.2 – Roof coverings in all other areas. Add the following to section R902.1.3 of the CRC:

Roof coverings used on all buildings located at elevations of 100 feet or more above sea level shall be Class B fire-resistive rated.

5.2.5.5 Requirements for roof coverings.

Section R905.7 – Wood shingles. Add the following to section R905.7.4 of the CRC:

Wood shingles shall be a fire-resistive treated material as approved for a Class B assembly.

Section R905.8 – Wood shakes. Add the following to section 905.8.5 of the CRC:

Wood shingles shall be a fire-resistive treated material and shall be tested and listed with a minimum of a Class B assembly rating.

5.2.5.6 Factory-built chimneys and fireplaces
Section R1005.3 – Solid-fuel appliances. Add the following to section 1005.3 of the CRC:

Enclosures for factory-built metallic chimneys used for solid fuel-burning appliances shall also be separated from habitable space (conditioned or unconditioned) and attic space by the installation of materials approved for a minimum 1-hour fire-resistive construction on the chimney side of the enclosure (e.g., 5/8” type “X” sheetrock installed in accordance with this code and the latest edition of the Fire Resistance Design Manual for Gypsum Systems).

5.2.5.7 Emergency Housing
Section AZ103.3 – Occupant Load. Section AZ103.3, Exception 3 is replaced with the following:

Exception 3. For emergency housing, including emergency sleeping cabins, the minimum interior floor area may be reduced to 50 square feet. The minimum 50 square-foot floor area shall not include closets, sanitation, and or cooking facilities. The floor area shall be increased as required to accommodate sanitation and cooking facilities or they may be provided separately at the same location as approved by the Chief Building Official.

Section AZ104.1 – Emergency Sleeping Cabins. Add the following provision to Section AZ104.1:

Emergency sleeping cabins, the minimum interior floor area may be reduced to 50 square feet.

The minimum 50-square foot floor area shall not include, closets, sanitation, and or cooking facilities. The floor area shall be increased as required to accommodate sanitation and cooking facilities or they may be provided separately at the same location as approved by the Chief Building Official.

5.2.6 Electrical Code adopted.

Adopt the California Electrical Code (CEC), 2022 edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association (NFPA) and as adopted by the State Building Standards Commission in the California Code of Regulations, title 24, part 3.

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5.2.7 Electrical Code amended.

The California Electrical Code (CEC) adopted in section 5.2.11 is modified, amended, and or supplemented as set forth in sections 5.2.7.1 through 5.2.7.2.

5.2.7.1 Requirements for electrical installations.

Section 110.1 – Scope. Add the following to section 110.1 of the CEC:

The chief building official may withhold or disconnect power from any dangerous building, as defined in the Code, or due to other hazardous condition(s).

5.2.7.2 Temporary power.

Section 590.1 – Scope. Add the following to section 590.1 of the CEC:

Temporary electrical service may be authorized only during periods of construction or repair of a structure for which a valid permit has been issued, or where the conditions of approval only authorize temporary service.

5.2.8 Mechanical Code adopted.

Adopt the California Mechanical Code and appendices, 2022 edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, where the city is the enforcing authority or the authority has been delegated to the city by these agencies in the in California Code of Regulations, title 24, part 4.

5.2.9 Plumbing Code adopted.

Adopt the California Plumbing Code (CPC) and appendices, 2022 edition, chapter 1, division II and the appendices thereto, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission, the Department of Housing and Community Development, and other agencies listed in chapter 1, where the city is the enforcing authority or the authority has been delegated to the city by these agencies in the in California Code of Regulations, title 24, part

5. 5.2.10 Plumbing code amended.

The California Plumbing Code (CPC) adopted in section 5.2.9 is modified, amended, and or supplemented as set forth in sections 5.2.10.1 through 5.2.10.2.

5.2.10.1 Installation, Testing, Unions, and Locations
Section 609.3 – Under concrete slab. Delete section 609.3 of the CPC and replace it with the following:

Section 609.3 – Under slab.

No water piping shall be installed in or under a concrete slab floor or in or on the ground under any building or structure.

5.2.10.2 Cleanouts
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Section 719.1 – Location. Add the following to section 719.1 of the CPC:

In addition to the cleanouts required in this code, a cleanout shall be required for all new or replacement sewer lines at or near the property line at the junction with the building sewer and the sewer main lateral. This cleanout shall be installed per City standard specification s and must be brought to grade and installed in a yard box. All other exterior cleanouts shall be made accessible by yard boxes or extending flush with grade with approved materials and be adequately protected.

5.2.11 Energy Code adopted.

Adopt the California Energy Code, 2022 edition, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 6.

5.2.12 Historical Building Code adopted.

Adopt the California Historical Building Code, 2022 edition, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 8.

5.2.13 Existing Building Code adopted.

Adopt the California Existing Building Code, 2022 edition, based on the 2021 International Existing Building Code, as published by the International Code Council (ICC) and adopted by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 10.

5.2.14 California Green Building Standards Code adopted.

Adopt the California Green Building Standards Code, 2022 edition, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 11.

5.2.15 California Referenced Standards Code adopted.

Adopt the California Referenced Standards Code, 2022 edition, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, California Code of Regulations, title 24, part 12.

5.2.16 International Property Maintenance Code adopted.

Adopt the International Property Maintenance Code, 2021 edition, published by the International Code Council (ICC), as a supplement to the California Health and Safety Code and Title 25 of the California Code of Regulations.

5.2.17 Secondary codes and standards adopted as supplemental reference. The following codes and standards are adopted as supplemental and may be used by the chief building official in accordance with California Building Code sections 104.10 and 104.11 in a case- by-case review process:

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A. International Building Code, 2021 edition published by ICC, and the International Residential Code, 2021 edition published by ICC.

B Part 9, California Fire code (as amended in chapter 8 of the city of Fairfield municipal code) of the California Code of Regulations.

C. The latest edition of the following: International Swimming Pool and Spa Code, Uniform Swimming Pool Code, Spa, and Hot Tub Code; published supplements to the International Codes; the International Fuel Gas Code; the Uniform Sign Code; IBC and IRC Appendix Chapters; National Fire Protection Association Standards; the Uniform Solar Energy and Hydronics Code; California Solar Permitting Guide Book; American National Standards, published by American National Standards Institute, Inc.; and other applicable nationally recognized Standards.

Article III – Chapter 5.3. Other Regulations

5.3.1 Wood Burning Appliances.

5.3.1.1 Applicability.

A. All wood-burning appliances installed in new residential units or wood-burning appliances being added to or replacing wood-burning appliances in existing residential units shall comply with this section.

B. All wood-burning appliances installed in new commercial buildings or wood-burning appliances being added to or replacing wood-burning appliances in existing commercial buildings shall comply with this ordinance. Commercial buildings shall include, but not be limited to, hotels and restaurants.

C. Gas fireplaces shall be exempt from this ordinance. However, the conversion of a gas fireplace to burn wood shall constitute the installation of a wood-burning appliance and shall be subject to the requirements of this ordinance.

D. An existing wood-burning appliance shall comply with this ordinance if (1) it is reconstructed, or (2) additions, alterations, or repairs are made to the appliance that requires opening up immediately adjacent walls.

5.3.1.2 Definitions.

A. "Bay Area Air Quality Management District" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code Section 40200.

B. "E.P.A." means the United States Environmental Protection Agency.

C. "E.P.A. certified wood heater" means any wood heater that meets the standards in Title 40, Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations.

D. "Fireplace" means any permanently installed masonry or factory-built wood-burning appliance, except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1.

E. "Garbage" means all solid, semi-solid, and liquid wastes generated from residential, commercial, and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes.

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F. "Gas fireplace" means any device designed to burn natural gas in a manner that simulates the appearance of a wood-burning fireplace.

G. "Paints" means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products.

H. “Paint solvents" means all organic solvents sold or used to thin paints or to clean up painting equipment.

I. "Pellet-fueled wood heater" means any wood-burning appliance that operates exclusively on wood pellets.

J. "Solid fuel" means wood or any other non-gaseous or non-liquid fuel.

K. "Treated wood" means wood of any other species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects or weathering.

L. "Waste petroleum products" means any petroleum product other than gaseous fuels that have been refined from crude oil, has been used, and as a result of use, has been contaminated with physical or chemical impurities.

M. "Wood burning appliance" means fireplace, wood heater, pellet-fired wood heater, or any similar device burning any solid fuel used for aesthetic or space-heating purposes.

5.3.1.3 General Requirements.

A. It shall be unlawful to install a wood-burning appliance that is not one of the following: (1) a pellet-fueled wood heater; (2) an EPA-certified wood heater; or (3) a fireplace certified by EPA should EPA develop a fireplace certification program.

B. It shall be unlawful to use any of the followin g prohibited fuels in a wood-burning appliance:
(a) Garbage
(b) Treated wood
(c) Plastic products
(d) Rubber products
(e) Waste petroleum products
(f) Paints
(g) Organic paint solvents
(h) Coal
(i) Glossy or colored papers
(j) Particleboard
(k) Saltwater driftwood
(l) Plywood

5.3.1.4 Enforcement.

Any person who plans to install a wood-burning appliance must submit documentation to the building department of the City of Fairfield demonstrating that the appliance is a pellet -fueled wood heater, an EPA-certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law.

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5.3.2 Toilet facilities during construction work.

Any contractor having charge of or doing construction work within the city or any person doing construction work or causing construction work to be done within the city in connection with which workmen are on the premises involved shall provide on the prem ises or immediately adjacent thereto, as approved by the building department, sanitary toilet facilities, which shall consist of flush-type toilets properly constructed and connected in an approved manner to an existing sanitary sewer, or properly constructed and maintained chemical-type toilets.

5.3.3 Fee Deferral: Low- and Moderate-Income Housing.

5.3.3.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low- and moderate-income citizens of Fairfield by granting a deferral of the payment of the fees collected at the time a building permit is issued.

5.3.3.2 Definitions.

For the purposes of this Section, the following phrases shall be defined as follows:
(A) "Fee Deferral" means a postponement of the payment of certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield as more fully described in Section 5.3.3.9. (B) “Eligible Projects” means those projects fulfilling the criteria outlined in Sections 5.3.3.3 and 5.3.3.4.
(C) "Financial Gap" means a documented deficiency in the Eligible Project’s initial financing, such as the lack of available capital or the inability to service the additional debt that precludes payment of fees prior to issuance of a building permit. (D) "Median Household Income" means the median household income for the Fairfield/Suisun area that is determined annually by the U.S. Department of Housing and Urban Development.

5.3.3.3 Eligibility.

A housing project must comply with each of the following criteria to make an application for a Fee Deferral pursuant to Section 5.3.3.5:
(A) The housing project developer must enter into a written agreement with the City of Fairfield to maintain long-term affordability as more fully described in Section 5.3.3.4; and (B) The design of the housing project must not distinguish in outward appearance or quality between the affordable and market-rate units.

5.3.3.4 Affordability.

A housing project must comply with the following affordability criteria to make an application for a Fee Deferral pursuant to Section 5.3.3.5:
(A) For a multi-family project in which the units are intended for individual rental, either (a) or (b); and (c) and (d):
(a) At least 50% of the units must be affordable to and reserved for households with incomes of 120% or less of the Median Household Income.

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(b) At least 25% of the units must be affordable to and reserved for households with incomes of 80% or less of the Median Household Income.
(c) The affordability restrictions on the units must be recorded on the property for a minimum of 55 years; and
(d) The project must have an on-site manager, or the developer must submit a management plan, for approval by the City, detailing how the project will be managed for approval by the City.
(B) For a multi-family project in which the units are intended for individual sale, either (a) or (b); and (c):
(a) At least 50% of the units must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income. (b) At least 25% of the units must be affordable to and reserved for households with incomes equal to or less than 80% of the Median Household Income; and (c) For those units with affordability restrictions for owner-occupants, the restrictions must be recorded on the property for a period of not less than 45 years. (C) For a single-family project in which the unit is intended for sale:
(a) The unit must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income; and
(b) For those units with affordability restrictions for owner-occupants, the restrictions must be recorded on the property for a period of not less than 45 years.

5.3.3.5 Fee Deferral Application.

The developer of an Eligible Project may submit an application to the Community Development Director for a Fee Deferral. The application shall include a description of the project in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.3.3 and 5.3.3.4; an explanation of the Financial Gap, and, for a rental housing project, the developer’s authorization and instruction to the appropriate lender or escrow company, to allow fees which are deferred to be paid directly to the City of Fairfield from the proceeds of the permanent construction financing.

5.3.3.6 Selection of Project to Receive Fee Deferral.

The Director of Planning and Development shall have the authority to grant a Fee Deferral to an Eligible Project.

5.3.3.7 Fee Deferral Due and Payable.

All Fee Deferrals shall be due and payable at the time of closing of the project’s permanent loan or transfer or within 30 months of the issuance of the building permit, whichever comes first.

5.3.3.8 Enforcement.

The Director of Planning and Development shall require the developer of a housing project which receives a Fee Deferral to enter into a written agreement with the City of Fairfield for the Fee Deferral at the time the Fee Deferral is granted, prior to the issuance of a building permit Packet Page 518 of 575Attachment 2 Page 27 of 38

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shall be recorded against the property as a tax lien enforceable in accordance with the laws of the State of California.

5.3.3.9 Fees to Which Fee Deferrals May Apply.

The ordinances and resolutions of the City of Fairfie ld require that certain fees are payable prior to the issuance of a building permit, which includes but are not limited to fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield City Code. The Director of Planning and Development shall provide the applicant with a Fee Deferral with a complete list of fees, which are eligible for the Fee Deferral.

Nothing in this section shall be construed to impose any category of fees upon a housing project which has not been imposed by an ordinance or resolution of the City of Fairfield.

5.3.4 Fee Credit Bank: Low- and Moderate-Income Housing.

5.3.4.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate the production of quality housing for low and moderate-income citizens of Fairfield by establishing a fee credit bank to hold unused fee credits for future development of affordable housing. The fee credits shall come from dwelling units that are demolished and either not replaced or replaced with a structure that does not use all the credits available from the structure that was demolished. Fee credits shall be solely used to reduce the price of affordable housing units.

5.3.4.2 Definitions.

For purposes of this Section, the following phrases shall be defined as follows:
(A) "Fee Credit" means a credit to be applied to certain fees due to the City of Fairfield prior to the issuance of a building permit by the ordinances and resolutions of the City of Fairfield, as more fully described in Section 5.3.4.11.
(B) “Eligible Projects” means those projects fulfilling the criteria outlined in Sections 5.3.4.6 and

5.3.4.7. (C) "Eligible Property" means those properties fulfilling the criterion outlined in Section 5.3.4.3. (D) "Financial Gap" means documented evidence that the impact of the fees on the project cost would result in the housing not being affordable to households specified in Section 5.3.4.7; and (E) "Median Household Income" means the median household income for the Fairfield/Suisun area that is determined annually for the Fairfield/Suisun area by the U.S. Department of Housing and Urban Development.

5.3.4.3 Eligibility to Donate Credits.

A property must comply with the following criteria to be eligible to donate credits. (A) For residential property, the site must contain one or more dwelling unit(s) that is (are) demolished and not replaced; and
(B) For commercial property, the site must contain structures that are demolished and either not replaced or replaced with a structure that does not use all of the credits available from the structure that was demolished.

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5.3.4.4 Donation of Credits.

The owner of the Eligible Property must donate Fee Credits by entering into a written agreement with the City of Fairfield signing over the credits to the Fee Credit Bank.

5.3.4.5 Calculation of Credits.

Calculation of credits shall be based on documentation in the files of the Building Safety Division of the Community Development Department relative to the square footage, number of bedrooms, size of water meters contained in the building that was demolished, or other units of measure required to calculate the subject fee. In cases where this documentation does not exist, the credits shall be determined based on the minimum allowed size of a like-kind dwelling unit as established by the Zoning Ordinance or California Residential or Building Code (as applicable), whichever is greater.

5.3.4.6 Eligibility to Apply for Credits.

A housing project must comply with each of the following criteria to make an application for a Fee Credit pursuant to Section 5.3.4.8:
(A) The housing project developer must enter into a written agreement with the City of Fairfield to apply the cost reduction from the Fee Credits to reduce the cost of the housing and to maintain long-term affordability as more fully described in Section 5.4.4. (g); and (B) For multi-family projects, the design of the housing project must not distinguish in outward appearance or quality between the affordable and market -rate units.

5.3.4.7 Affordability.
(A) A single-family dwelling housing project must comply with the following affordability criteria in order to make an application for a Fee Credit pursuant to Section 5.4.4(h):
(B) For a multi-family project in which the units are intended for individual rental, either (a) or (b); and (c):
(a) At least 50% of the units must be affordable to and reserved for households with incomes of 120% or less of the Median Household Income; or (b) At least 25% of the units must be affordable to and reserved for households with incomes of 80% or less of the Median Household Income; and (c) The affordability restrictions on the units must be recorded on the property for a minimum of 55 years; and
(C) For a multi-family project in which the units are intended for individual sale:
(a) At least 50% of the units must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income. (b) At least 25% of the units must be affordable to and reserved for households with incomes of 80% or less of the Median Household Income; and (c) For those units with affordability restrictions for owner-occupants, the restrictions must be recorded on the property for a period of not less than 45 years. (D) For a single-family project in which the unit is intended for sale:
(a) The unit must be affordable to and reserved for households with incomes equal to or less than 120% of the Median Household Income; and
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(b) The affordability restrictions for owner-occupants must be recorded on the property for a period of not less than 45 years.

5.3.4.8 Fee Credit Application.

The developer of an Eligible Project may submit an application to the Director of Planning and Development for a Fee Credit. The application shall include a description of the project in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.4.6 and

5.3.4.7 and an explanation of the Financial Gap which necessitates the use of fee credits.

5.3.4.9 Selection of Project to Receive Fee Credits.

The Director of Planning and Development shall have the authority to grant Fee Credits to an Eligible Project. The Director shall award the Fee Credits to projects that best meet the needs of the City of Fairfield for an increased supply of affordable housing.

5.3.4.10 Record of Fee Credits.

The Director of Planning and Development shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Department of Public Works shall also maintain Fee Credit information in the files of the Eligible Property donating the Fee Credits and the Eligible Project receiving the Fee Credits.

5.3.4.11 Fees to Which Fee Credits May Apply.

Fee Credits may include but are not limited to fees imposed by the Uniform Building Code as incorporated into Chapter 5 of the Fairfield Municipal Code. The Director of Planning and Development shall provide the applicant requesting fee credits, with a complete list of fees that are eligible from the Fee Credit Bank.

5.3.5 Fee Credit Bank: Commercial and Industrial Development Projects.

5.3.5.1 Purpose.

The purpose of this Section is to establish a mechanism to facilitate economic development within the City by granting credits for the payment of certain fees normally collected at the time a building permit is issued, and which are not otherwise authorized by Section 5.3.4.

5.3.5.2 Definitions.

For purposes of this Section, the following phrases shall be defined as follows:
(A) "Director" means the Director of Community Development. (B) "Applicant" means an owner of industrial or commercial property. (C) "Fee Credit" means a credit to be applied to certain fees due to the City of Fairfield in connection with a development project prior to the issuance of a building permit, as more fully described in Section 5.3.5.10.
(D) "Eligible Project" means a development project fulfilling the criteria outlined in Section

5.3.5.5, and which is not eligible for a fee credit under Section 5.3.4. (E) "Fee Credit Bank" means the account of the city for holding Fee Credits. (F) "Commercial and Industrial Properties" means a place that is primarily utilized for the conduct of commercial or industrial activities, including those uses allowed pursuant to Section Packet Page 521 of 575Attachment 2 Page 30 of 38

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25.22 and Section 25.24 of the Zoning Ordinance, and other retail and service commercial uses with low to moderate traffic volumes.
(G) "Financial Deficiency" means a deficiency in the Eligible Project’s initial financing, a lack of available capital to finish the Eligible Project, and the inability to service additional debt. (H) "Economic Impact" means a projected positive financial effect that the Eligible Project may have on the City of Fairfield’s economy.

5.3.5.3 Donation of a Fee Credit.

A property owner is eligible to donate a Fee Credit to the Fee Credit Bank under the following conditions:
(A) For commercial and industrial properties, the owner holds property that contained one or more structures that have been demolished and either not replaced or replaced with one or more structures that require the payment of fees in an amount less than the fees paid or would have been due, in connection with the structure that was demolished. (B) The owner enters into a written agreement with the City of Fairfield to transfer the credit for fees to the Fee Credit Bank.

5.3.5.4 Calculation of Credits.

Calculation of the amount of a Fee Credit shall be based on documentation in the files of the Building Division of the Community Development Department relative to the square footage, size of water meters contained in the building that was demolished, or other units of meas ure required to calculate the subject fee. In cases where this documentation does not exist, the Fee Credits shall be determined based on the minimum allowed size of a like-kind structure or the minimum unit of measure required to calculate the subject fee , as established by the Zoning Ordinance or California Building Code, whichever is greater. At all times, and in every case, the number of Fee Credits to be issued shall be subject to the availability of Fee Credits in the Fee Credit Bank.

5.3.5.5 Eligibility.

A development project must meet the following conditions for a developer to apply for a Fee Credit:
(A) The property must be located within the City of Fairfield city limits; and (B) A documented financial deficiency that poses a significant impediment to the development project; and
(C) Documented evidence that the economic impact of the development project will meet or exceed the amount of the Fee Credit; or
(D) Documented evidence that a commercial or industrial project will stimulate additional new business attraction, expansion of an existing business, job creation, an increase in the City’s tax base, or redevelop a property located with an address on North Texas Street, Texas Street, West Texas Street, or within the Heart of Fairfield Specific Plan Area, to be reasonably determined by the Director.

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5.3.5.6 Fee Credit Application.

A property owner may apply for a Fee Credit by submitting to the Director a description of the development project and documented evidence in sufficient detail to demonstrate compliance with the criteria set forth in Sections 5.3.5.5.

5.3.5.7 Selection of Development Project to Receive Fee Credits.

The Director shall have the authority to grant a Fee Credit to an applicant that demonstrates compliance with the criteria set forth in Section 5.3.5.5 and as determined at the sole discretion of the Director to best meet the needs of the City of Fairfield. The Director shall have the authority to determine the amount of such Fee Credit based on the documented evidence provided by the applicant, pursuant to Section 5.3.5.5.

5.3.5.8 Record of Fee Credits.

The Director shall maintain all records pertaining to the Fee Credit Bank. The Building Division of the Community Development Department shall maintain Fee Credit information for each property donating a Fee Credit and each property receiving a Fee Credit.

5.3.5.9 Fees to Which Fee Credits May Apply.

The Director shall prepare a complete list of fees that are eligible for the Fee Credit Bank. Such fees are those imposed by ordinance or resolution of the City and normally payable prior to the issuance of a building permit, including but not limited to, development impact fees collected under Article XI of Chapter 25 of the City Code (also known as AB 1600 fees) (not including Northeast Area Development Impact Fees under Section 25.1505), water connection fees collected under Chapter 22 of the City Code, and sewer connection fees collected under Chapter 15 of the City Code. A Fee Credit may only be applied to a fee imposed for the same purpose for which the city imposed the fee from which the Fee Credit is derived (for example a Fee Credit derived from the payment of a development fee to mitigate the impact of a development project on water facilities may only be applied to a fee due from the developer to mitigate the impact of the development project on water facilities).

5.3.5.10 Fee Credit Agreement.
(A) Upon approval of an application, the applicant shall enter into a Fee Credit Agreement with the City. Such Agreement shall, at a minimum, be property specific and provide for the enforcement of the provisions of this section. A single Agreement shall be entered into for each development project whether or not the applicant is the same for multiple projects. Authority to execute such Agreements on behalf of the City is hereby delegated to the City Manager or City Manager’s designee. The approval of an application shall not become effective until a Fee Credit Agreement is executed by both the applicant and the City. (B) Applicant must use and apply the Fee Credits towards the Eligible Project within twelve (12) months following the execution of the Fee Credit Agreement by the City. In the event that the Fee Credits are not used or applied towards the Eligible Project wit hin twelve (12) months following the execution of the Fee Credit Agreement by the City, the Fee Credits shall be immediately refunded to the City and the Applicant will be required to re-apply for Fee Credits.

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(C) The Agreement shall contain a legal description of the property affected, shall be recorded in the Office of the County Recorder of Solano County and, from the date of recordation, shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The Agreement shall be recorded in the grantor - grantee index in the name of the City as grantee and in the name of the property owner as grantor.
(D) The Agreement shall specify that any construction, alteration, demolition, installation, or repay work done under contract is public work for the purposes of the Labor Code and shall be subject to all applicable laws, including but not limited to the payment of prevailing wages.

5.3.6 Seismic Hazards Identification Program

5.3.6.1 Purpose.

It is found that in the event of a strong or moderate local earthquake, loss of life or serious injury may result from damage to or collapse of buildings in the City of Fairfield. It is generally acknowledged that Fairfield will experience earthquakes in the future due to its proximity to both the San Andreas and Hayward faults. The purpose of this ordinance is to promote public safety by identifying those buildings in Fairfield which exhibit structural deficiencies and by accurately determining the severity and extent of those deficiencies in relation to their potential for causing loss of life or injury. The council finds it desirable to identify the hazards that these deficiencies may pose to occupants of buildings and pedestrians in the event of an earthquake. Such a seismic hazards identification program is consistent with the state’s unreinforced masonry law of 1986.

5.3.6.2 Definitions.
(A) “Bearing wall means any wall supporting a floor or roof where the total superimposed load exceeds one hundred (100) pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over six (6) feet in height.
(B) “Building" for the purpose of determining occupant load, means any contiguous or interconnected structure; for purpose of an engineering evaluation, means the entire structure or portion thereof which will respond to seismic forces as a unit. (C) “Capacity for transfer" means the maximum allowable capacity of a structural system or connection to resist, in a ductile manner, the lateral forces it would encounter due to earthquake forces.
(D) “Civil engineer or structural engineer" means a licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations of title 16, chap ter 5 of the California code of regulations.
(E) “External hazard" means an object attached to or forming the exterior facade of a building that may fall onto pedestrians or occupants of adjacent buildings. Examples of this type of hazard include, but are not limited to, the following:

1. Nonstructural exterior wall panels, such as masonry infill or decorative precast concrete

2. Parapets

3. Marquees, awnings, or other roof-like projections

4. Masonry or stone wall veneer

5. Masonry chimneys
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6. Tile roofing

7. Wall signs and exterior lighting fixtures

8. Fire escapes or balconies
(F) “Geometry” means a building’s shape or configurat ion, including setbacks or wall/column lines, reentrant corners, discontinuities in vertical and horizontal lateral force diaphragms, open storefront and building stiffness variations due to the distribution of resisting elements or the use of materials of different properties within the same structural element, or other irregularities in plan or elevation.
(G) “Occupants" means the total occupant load of a building determined by the currently adopted California Building Code or the actual maximum number of occupants in that building if that number is less than seventy-five percent (75%) of the number determined by using the California Building Code. The number of actual occupants may be documented by counting actual seating capacity if permanent seating is provided in the occupancy, or by employee and client counts which can be substantiated as practical maximum use of the space in the building. The building official will establish the procedure for documenting occupant load . (H) “Solution" means any justifiable method that will provide for the transfer of lateral forces through a system or connection to a degree that will substantially eliminate a potential collapse failure. A general description of the methods and materials to be used shall be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e., adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.) (I) “Unreinforced masonry (URM)" building means any building containing walls constructed wholly or partially with any of the following materials:

1. Unreinforced brick masonry

2. Unreinforced concrete masonry

3. Hollow clay tile

4. Adobe or unburned clay masonry

5.3.6.3 Scope of program.
(A) Applicability. The building inspection department shall inspect the following types of buildings to create a list of buildings that by nature or extent of their structural deficiencies or deficiencies in anchoring could collapse or partially collapse:

I. Buildings constructed of unreinforced masonry (URM).

II. Buildings constructed prior to January 1, 1935.

III. Buildings constructed prior to August 1, 1976, approved for occupancy, or actually containing three hundred (300) or more occupants.
(B) Owner Notification. The owners of buildings in the categories described in section 5.22 (a), except those designated by the State Historical Resources Commission as historical buildings, shall be notified within six (6) months of enactment of this ordinance by the building inspection division, that their building could collapse or partially collapse as a result of either an earthquake or other act of nature. The chief building inspector shall cause the notice required by this section to be recorded against the subject property with the county recorder. (C) Exemption. The following buildings need not comply with this ordinance:

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ORD. NO. 2022-XX

Buildings that have been structurally upgraded in substantial accordance with the 1973 or later editions of the uniform building code and documentation of such upgrading is on file or submitted to the city building division.

5.3.6.4 Engineering Reports.
(A) Preparation of reports. Each owner of a building described in section 5.22(a) shall retain a civil or structural engineer to prepare the investigation and engineering report described in this section.
(B) Purpose. The purpose of the engineering report is to investigate, in a thorough and unambiguous fashion, a building’s structural systems which resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to prevent a structural failure (collapse or partial collapse). (C) General. Each building shall be treated as an individual case without prejudice or comparison to a similar type or aged building that may have greater or lesser earthquake resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed.
(D) Level of Investigation. Some buildings will require extensive testing and field investigation to uncover potential structural deficiencies, while others will allow the same level of overall evaluation by a less complicated process due to the simplicity of design or availability of original or subsequent alteration design and construction documents.

It is the responsibility of the engineer performing the evaluation to choose the appropriate level of investigation which will produce a report that is complete and can serve as a sound basis for a conclusion on the collapse hazard the building may present. (E) Format for the Report. The following is a basic outline of the format each engineering report should follow. This outline is not to be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required by the ordinance may be accomplished. It also will serve as a means for the city to evaluate the completeness of each report.

General Information. A description of the building that includes:
(1) The street address.
(2) The type of occupancy use with the building.
(3) A plan showing the square footage of each use.
(4) A plan showing the location, type, and extent of lateral force resisting elements in the building, horizontal & vertical.
(5) The date of original and any subsequent additions, or structural alterations of the building.
(6) The name and address of the original designer and contractor, if known, for item (5).

Investigation and Evaluation of Structural Systems. All items to be investigated and the methods of investigation for each type of building under consideration are available from the city’s building inspection department.
(F) Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the Packet Page 526 of 575Attachment 2 Page 35 of 38

ORD. NO. 2022-XX

adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report.
(G) Conclusion. Based on the specific evaluation items, a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building’s lateral force resisting systems regarding potential collapse or partial collapse failure.

Recommendations. An appropriate solution, which could be used to strengthen the structure to alleviate any collapse or partial collapse threat, shall be specified. (H) Exceptions and Alternatives. Exceptions to the specific items required to be included in an engineering report may be granted by the Building Official upon review of a written request from the engineer preparing the report. Such a request shall provide evidence that adequate information concerning the required item(s) can be determined by alternate means or that a conclusion can be made about the item(s) without following the solution called for in the appropriate section. The purpose of granting such exceptions shall be to reduce the c ost or disruption that would result from taking required actions when it can be shown that they are unnecessary to provide information available by other equivalent means. In no case will an exception be granted which would result in an item not being completely evaluated. The decision of the building official in granting an exception is final. (I) Reports for buildings in category I of section 5.3.6.3 shall be submitted within one and one-half (1-1/2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category II of section 5.3.6.3 shall be submitted within two (2) years of receiving notice pursuant to section 5.3.6.3. Reports for buildings in category III of section 5.3.6.3 shall be submitted within two and one-half (2-1/2) years of receiving the notice pursuant to section 5.3.6.3.

5.3.6.5 Review of Reports.
a) The city may utilize the services of structural or civil engineers to assist the building official in determining if the submitted engineering reports conf orm to the requirements of this ordinance.
b) The cost of this review shall be recovered by a fee assessed from the building owner based on the time required for the review. This fee will be deducted from the plan review fee collected for any future construction work that deals directly with correcting any of the structural inadequacies specified in the engineering report.
c) Copies of the engineering reports shall be available to any interested individuals for a standard copying fee or may be reviewed in the building inspection department’s offices.

5.3.6.6 Responsibilities of Property Owners.
(A) Notification of Building Tenants. A building owner shall notify all tenants, in writing, that a structural investigation has been performed and that the report is available at the building inspection department’s offices. This notice must be sent within thirty (30) days of the date the report is submitted to the City. A copy of the notice shall be sent to the building official of the City of Fairfield.
(B) Letter of Intent. A building owner shall submit a letter to the building official within one (1) year of the date of the report, required by section 5.23, indicating the owner’s intention for dealing with the potential collapse hazards found to exist in the building.

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ORD. NO. 2022-XX

A building owner shall complete the improvements required by the report submitted pursuant to section 5.3.6.4 within five (5) years of the date the city approves the report pursuant to section

5.3.6.5. 5.3.6.7 Program status report to the city council.

The building official shall submit a report to the city council on the status of the seismic hazards identification program. The report shall include information regarding the number of buildings analyzed, the severity of the structural inadequacies discovered, and any action taken or to be taken by individual building owners to correct these inadequacies.

5.3.6.8 Report to the seismic safety commission.

The building official shall submit a report to the state seismic safety commission which shall include the following:
(A) A listing of the number of buildings identified and the total square footage, broken down by use.
(B) A summary of the mitigation program implemented by the City of Fairfield with copies of the program and any ordinances attached to the report.
(C) A summary of the status of the mitigation program listing the number of building owners notified, the number of buildings strengthened, and if the city offered any incentive programs to the building owners.

5.3.6.9 Remedies.

It shall be unlawful for the owner of a building identified as being included in the scope of this ordinance to fail to submit a report on either building collapse hazards or external hazards within the time period specified in section 5.3.6.4 or to fail to submit a letter of intent within the time period specified in section 5.3.6.6. The following remedies are available to the city:
(A) The city may seek injunctive relief on behalf of the public to enjoin a building owner’s violation of this ordinance.
(B) A building owner violating this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

Such building owner is guilty of a separate offense for each and every day during any portion of which such violation of this ordinance is committed continued or permitted by such building owner.
(C) These remedies are not exclusive.

Section 2. This Ordinance shall be effective 30 days following its adoption by the City Council.

A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

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ORD. NO. 2022-XX

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 18th day of October, 2022, and

PASSED AND ADOPTED this ___ day of _________________, 2022, by the following vote:

AYES: Councilmembers: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:

_________________________

CITY CLERK
Packet Page 529 of 575Attachment 2 Page 38 of 38

Agenda Item No: 17.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022­282 of the City Council of the City of Fairfield Repealing and Replacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by Reference California Code of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the 2021 International Fire Code; and Publish Notice and Set A Public Hearing On This Matter for November 15, 2022 at 6:00 P.M. in the Fairfield City Council Chamber; and
First Reading and Introduction of Ordinance 2022­15 of the City Council of the City of Fairfield Repealing and Replacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting by Reference California Code of Regulations, Title 24, Part 9, Known as the 2022 California Fire Code, with Amendments to Reflect Local Conditions, and Adopting by Reference Certain Provisions of the 2021 International Fire Code
RECOMMENDED ACTION
Adopt resolution, waive full reading, read by title only, and introduce ordinance for first reading.

STATEMENT OF ISSUE
On January 1, 2023, the 2022 California Building Standards Code (2022 Code) will become effective in all cities and counties in the State, regardless of whether they actually adopt said Code. The July 1, 2022, publication of the California Building Standards Code set in motion the 180  day adoption cycle.

Within this cycle period, California State law permits the adoption of the State Building Standards Code with local amendments. The State requires most amendments to be based upon local climatic, topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, and welfare.

DISCUSSION
While the Public Works Department handles the bulk of the amendments to the California Building Code, the Fire Department handles adoption of Title 24, Part 9, known as the California Fire Code, which is contained in Chapter 8 (Fire Prevention Code) of the Fairfield City Code.

The amendments to the Fire Code take into account specific changes unique to the City of Fairfield, Packet Page 530 of 575

Agenda Item No: 17.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City Manager SUBJECT:Resolution 2022­282 of the City Council of the City of Fairfield Repealing andReplacing Chapter 8 (Fire Prevention Code) of the Fairfield City Code, Adopting byReference California Code of Regulations, Title 24, Part 9, Known as the 2022California Fire Code, with Amendments to Reflect Local Conditions, and Adopting byReference Certain Provisions of the 2021 International Fire Code; and Publish Noticeand Set A Public Hearing On This Matter for November 15, 2022 at 6:00 P.M. in theFairfield City Council Chamber; andFirst Reading and Introduction of Ordinance 2022­15 of the City Council of the City ofFairfield Repealing and Replacing Chapter 8 (Fire Prevention Code) of the FairfieldCity Code, Adopting by Reference California Code of Regulations, Title 24, Part 9,Known as the 2022 California Fire Code, with Amendments to Reflect LocalConditions, and Adopting by Reference Certain Provisions of the 2021 InternationalFire CodeRECOMMENDED ACTIONAdopt resolution, waive full reading, read by title only, and introduce ordinance for first reading. STATEMENT OF ISSUEOn January 1, 2023, the 2022 California Building Standards Code (2022 Code) will become effectivein all cities and counties in the State, regardless of whether they actually adopt said Code. The July 1,2022, publication of the California Building Standards Code set in motion the 180  day adoption cycle.Within this cycle period, California State law permits the adoption of the State Building Standards Codewith local amendments. The State requires most amendments to be based upon local climatic,topographic, or geological conditions of the jurisdiction in the preservation of public health, safety, andwelfare.DISCUSSIONWhile the Public Works Department handles the bulk of the amendments to the California BuildingCode, the Fire Department handles adoption of Title 24, Part 9, known as the California Fire Code,which is contained in Chapter 8 (Fire Prevention Code) of the Fairfield City Code.

The amendments to the Fire Code take into account specific changes unique to the City of Fairfield, including all buildings greater than 3,600 square feet, shall be equipped, throughout, with an approved fully automatic fire sprinkler system. This requirement is due to the increased fire danger we face year­ round and will help ensure future buildings have the necessary fire protection.

Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3). This exemption applies where it can be seen with certainty, there is no possibility that the activity in question may have a significant effect on the environment.

FINANCIAL IMPACT
No new financial impacts on the City of Fairfield are anticipated from the implementation of this ordinance.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public hearing notices will be published in the Daily Republic on Friday, October 21, 2022, and Friday, October 28, 2022.

ALTERNATIVE ACTION
The council may choose not to adopt the resolution and ordinance regarding the 2022 Code. If not adopted, the 2022 Code referenced herein will go into effect regardless, per the state mandate.

However, it will not allow for local amendments to said codes to address the specific safety and well ­ being of the citizens of Fairfield.

STAFF CONTACT
Steven Conti, Fire Marshal
(707) 428 ­7550
[email protected]
COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
Proposed Resolution
Proposed Ordinance
REVIEWERS:

Reviewer Action Date
Armour, Taylor Approved 10/13/2022 ­ 7:12 PM
Armour, Taylor Approved 10/13/2022 ­ 7:14 PM
Luckenbach, Matt Approved 10/13/2022 ­ 7:20 PM
Beavers, Esther Approved 10/13/2022 ­ 8:03 PM
Beavers, Esther Approved 10/13/2022 ­ 8:04 PM
Packet Page 531 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-282

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REPEALING AND REPLACING CHAPTER 8 (FIRE PREVENTION CODE) OF THE FAIRFIELD CITY CODE, ADOPTING BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9, KNOWN AS THE 2022 CALIFORNIA

FIRE CODE, WITH AMENDMENTS TO REFLECT LOCAL CONDITIONS, AND ADOPTING BY REFERENCE CERTAIN PROVISIONS OF THE 2021 INTERNATIONAL FIRE CODE; AND PUBLISH NOTICE AND SET A PUBLIC HEARING ON THIS MATTER FOR NOVEMBER 15, 2022 AT 6:00 P.M.

IN THE FAIRFIELD CITY COUNCIL CHAMBER

WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958. 7 and 18941. 5 allow the City, by ordinance, to make modifications or changes to the California Building Standards Code in Title 24 of the California Code of Regulations and other regulations adopted pursuant to Health and Safety Code Section 17922; and

WHEREAS, the Health and Safety Code requires such changes to be determined to be reasonably necessary because of local climate, geographical, or topographical conditions; and

WHEREAS, the Health and Safety Code requires that the City, before making any modifications or changes, makes an express finding that each such modification or change is needed; and

WHEREAS, the Health and Safety Code requires such findings to be made available as a public record and a copy of such findings to be filed with the California Building Standards Commission; and

WHEREAS, the City Council determines that the proposed Ordinance establishes requirements greater and more restrictive than those set forth in the 2022 edition of the California Building Standards Code, Title 24, Parts 9, of the California Code of Regulations, and which are reasonably necessary due to the unique local climate, geographical, or topographical conditions in the City of Fairfield; and

WHEREAS, California Government Code Section 50022.3 requires the legislative body to schedule a public hearing "[a]fter the first reading of the title of the adopting ordinance and of the title of the code to be adopted thereby, and of the title of the secondary codes therein adopted by reference;” and

WHEREAS, a notice of the public hearing must be published pursuant to California Government Code Section 6006; and

WHEREAS, the council determines that proposed Ordinance No. 2022-XX establishes requirements greater and more restrictive than those set forth in the 2022 California Fire Code, Packet Page 532 of 575Attachment 1 Page 1 of 3

RES. NO. 2022-282

contained in Title 24, Part 9, of the California Code of Regulations, and which are reasonably necessary due to the unique local climate, geographical, or top ographical conditions in the City of Fairfield; and

WHEREAS, California Government Code Section 6006 requires two publications providing notice of the public hearing, with the "period of notice commenc[ing] upon the first day of publication and terminat[ing] at the end of the fourteenth day, including therein the first day."

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

SECTION 1. Pursuant to Health and Safety Code Sections 17958.7 and 18941.5(b), the Fairfield City Council hereby expressly finds that the local amendments to the California Building Standards Code, Title 24, Part 9 of the California Code of Regulations, contained in the proposed Ordinance are necessary, due to the following local climatic, geologic, or topographical conditions:

1. Wind is a persistent climatic feature in Fairfield, with prevailing winds from the west or southwest. The average daytime wind speed in the summer is 15 to 20 mph and 25 to 35 mph wind speeds are common. Storm winds often reach speeds of 40 to 50 mph ; and

2. Several residential areas are heavily landscaped, often next to hilly open space areas which are characterized by dry vegetation durin g the months from May through September. During these months the dry vegetation, coupled with strong winds, creates a potential fire capable of reaching a magnitude that may be beyond the control capabilities of the Fire Department; and

3. The city is located in Seismic Design Category (SDC) D, a very high -risk earthquake area.

Buildings and other structures in SDC D can experience seismic damage which could have an adverse impact on fire protection. Any earth movement which causes buildings to move create s cracking and warping of firewalls, smoke barriers, door frames, etc., thereby negating the effectiveness of these structural elements which are intended to prevent fire and smoke from spreading within the building. In the event of a fire in large buildin gs, fire and smoke control conditions can reach a magnitude that is beyond the control capabilities of the Fire Department, thus resulting in major fire damage; and

4. The city is bisected topographically by Interstate 80 and Interstate 680. As a result, the city is divided into discrete districts. Emergency vehicles must use freeway overpasses to travel between the districts. Heavy traffic congestion on the city’s streets and freeway overpasses already acts as a barrier to timely response for emergency vehicles. In the event of an accident or overpass failure due to an earthquake, sections of the city could become isolated, or response time could be sufficiently slowed, which would increase the risk or severity of injury or property damage; and
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RES. NO. 2022-282

5. Much of the soil in and around the city is characterized as unstable. These soil conditions are moderate to severely prone to swelling and shrinking. The soil is also found to contain ammonia, which is highly corrosive to isolated copper in the soil.

SECTION 2. The City Council of the City of Fairfield does hereby announce its intention to consider adoption of an Ordinance entitled: "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REPEALING AND REPLACING CHAPTER 8 (FIRE PREVENTION CODE) OF THE FAIRFIELD CITY CODE, ADOPTING BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9, KNOWN AS THE 2022 CALIFORNIA FIRE CODE, WITH AMENDMENTS TO REFLECT LOCAL CONDITIONS, AND ADOPTING BY REFERENCE CERTAIN PORTIONS OF THE 2021 INTERNATIONAL FIRE CODE" the Ordinance.

SECTION 3. The council hereby waives the first reading of the Ordinance in full and approves reading by title only and sets a public hearing for November 15, 2022, at 6:00 p. m., in the Council Chambers of the Civic Center, 1000 Webster Street, City of Fairfield, California, or as soon thereafter as the matter may be heard, to hear the comments of the public on said ordinance and the uniform codes to be adopted thereby and on the adoption of said Ordinance and Resolution. Pursuant to California Government Code Section 6066, Notice of the Public Hearing shall be published in the Daily Republic in accordance with California Government Code Section 6006.

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK
Packet Page 534 of 575Attachment 1 Page 3 of 3

CITY OF FAIRFIELD

ORDINANCE NO. 2022-15

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD REPEALING AND REPLACING CHAPTER 8 (FIRE PREVENTION CODE) OF THE FAIRFIELD CITY CODE, ADOPTING BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9, KNOWN AS THE 2022 CALIFORNIA

FIRE CODE, WITH AMENDMENTS TO REFLECT LOCAL CONDITIONS, AND ADOPTING BY REFERENCE CERTAIN PROVISIONS OF THE 2021 INTERNATIONAL FIRE CODE

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8, Article I of the Fairfield City Code is repealed in its entirety and replaced and amended as follows:
“Article I. Fire Prevention Code
Sec. 8.1 Adoption of the 2022 California Fire Code.

For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain Codes and Standards known as the 20 22 California Building Standards Code, Title 24, California Code of Regulations, Part 9, (20 22 California Fire Code) in its entirety including Division II of Chapter 1, and including Appendices Chapters 4, A, B, BB, C, CC, D, H, & I are hereby adopted. Further, to the extent not inconsistent with the 20 22 California Fire Code, Chapters 3, 5, 8, and Appendix D of the 2021 International Fire Code published by the International Code Council, Inc. are hereby adopted. These Codes and Standards are hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are deleted, modified, or amended by Section 8.3 of this City Code. Said Codes and Standards are adopted by reference pursuant to Section 50022, et seq., of the Government Code of the State of California, and collectively shall be known as the Fire Code of the City of Fairfield.

8.2 Enforcement of the Fire Code
The Fire Code shall be enforced by the Fire Chief or his or her designee.

8.3 Amendments, Additions and Deletions.

Notwithstanding the provisions of Section 8.1 of this City Code, the following sections and appendices of the Fire Code are amended as follows:

Packet Page 535 of 575Attachment 2 Page 1 of 13

ORD. NO. 2022-15

Chapter 1
Administration
Section 101.1 is amended to read as follows:

Section 101.1 Title. These regulations shall be known as the Fire Prevention Code of the City of Fairfield, hereinafter referred to as "this code." Section 102.1 is amended by adding item (5) to state the following:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, boats, trains, and mobile vehicles when said vehicles are fixed in a specific location within the boundaries of this jurisdiction.

Subsection 102.7.3 – Supplemental rules and regulations, is added to read as follows:
102.7.3 Supplemental Rules and Regulations. The Fire Chief is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations in order to carry out the application and intent of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code and shall be available to the public during normal business hours. These rules and regulations shall be contained in the Fairfield Fire Department Prevention Standards , which shall hereinafter be referred to in this code as "Standards." Subsection 103.3.1 – Fire Prevention Division Personnel and Police, is added to read as follows:
103.3.1 Fire Prevention Division Personnel and Police. The Fire Chief and personnel assigned to the Fire Prevention Division shall have the powers of a police officer in performing their duties under the following codes: California Fire Code, National Fire Codes, any fire or life safety sections of the California Building Code, Health an d Safety Code, Public Resources Code, and other city, county, or state fire related laws or codes not specifically covered in any part of this code. When requested to do so by the Chief, the Chief of Police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.

Subsection 103.3.2 – Peace Officers, is added to read as follows:
103.3.2 Peace Officers. The Fire Chief is authorized to designate a member, or members, of the fire department as a peace officer as described in Section 830.37 and 853.5 of the California Penal Code who shall enforce the Penal Code and California Fire Code. These police powers include the issuance of citations (Notice to Appear), powers of arrest a nd detention.

Packet Page 536 of 575Attachment 2 Page 2 of 13

ORD. NO. 2022-15

Subsection 104.2.1 – Fees, is added to read as follows:
104.2.1 Fees. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to Section 105 of this Code. In addition, this schedule may include a fire service fee to be charged to any person, firm, corporation or business that through negligence, violation of the law or as a result of carelessness i s responsible for the cause of any fire service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Marshal and shall be available for public inspection.

Section 104.2.2 - Development Requirements, is added to read as follows:

Section 104.2.2. Development Requirements. This section shall be applicable whenever any land is developed, or a building is constructed or improved which would require:

1. Provision of a water supply for fire protection.

2. Provision of access for fire apparatus.

3. An occupancy for the storage, handling, or use of any hazardous substance, material process or device.

4. Occupancies for which a fire department has responsibility for enforcement of laws or ordinances for fire safety or for the preservation of property or lives; or

5. Provisions to control the spread of fire
Subsection 105.6 – Required construction permits, is amended in its entirety as follows:
105.6 Required construction permits. The fire code official is authorized to issue permits for work as set forth in Chapter 1, Sections 105.6.1 through 105.6.24. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a penalty fee may be assessed in addition to the regular permit fees.

Subsection 105.6.11 – Gates and barricades across fire apparatus access roads, is amended to read as follows:
105.6.11 Security gates. A construction permit is required to install any gate, vehicular or pedestrian, that obstructs emergency access to a building or property.

Subsection 108.2.1 – Inspection requests, is amended in its entirety to read as follows:

Packet Page 537 of 575Attachment 2 Page 3 of 13

ORD. NO. 2022-15

108.2.1 Inspection Requests. It shall be the duty of the permit holder to request an inspection not less than two business days before such inspection is desired. Such requests shall be submitted to the fire code official via writing, telephone, or email. It shall be the duty of the permit holder to provide access to and the means for inspection of such work that are required by this code.

Subsection 111.1 – Means of Appeals, is amended in its entirety to read as follows:
111.1 Appeals. When it is claimed that the provisions of this code do not apply, or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Chief of the Fire Department to the City Manager within 30 days from the date of the decision of the Chief of the Fire Department.

The City Manager shall conduct the hearing within 30 days of receipt of any appeal and shall follow the hearing procedures outline in Fairfield Municipal Code sections 1.15(b),

1.15(c), 1.15(d), 1.15(e), and the entirety of section 1.16.

Subsections 111.2 and 111.3 shall be deleted in their entirety.

Subsection 111.4 - Administration, is amended in its entirety to read as follows:
111.4 Administration. The fire code official shall take immediate action in accordance with the decision of the hearing officer appointed by the City Manager as outline in section 111.1.

Subsection 112.4, Violation penalties is amended in its entirety to read as follows: and 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, may be charged with either an infraction or misdemeanor at the discretion of the City Attorney or District Attorney of Solano County. Each day that a violation continues after due notice has been served may be deemed a separate offense.

Subsection 112.4.1, Abatement of violation, is amended to read as follows:
112.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prev ent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. Cost of abatement is the responsibility of the property owner and steps to recover those costs will be t aken, up to Packet Page 538 of 575Attachment 2 Page 4 of 13

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and including a lien against the property. Property owners shall be notified of any action taken as soon as possible.

Subsection 112.4.2 – Infraction, is added in its entirety to read as follows:
112.4.2 Infraction. Persons operating or maintaining any occupancy, premises, or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Subsection 112.4.3– Misdemeanor, is added in its entirety to read as follows:
112.4.2 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
112.3.2 Compliance with Orders and Notices
109.6 Overcrowding
104.12.2 Obstructing operations
104.12.3 Systems and Devices
113.4 Failure to comply
305.4 Deliberate or negligent burning
308.1.2 Throwing or placing sources of ignition
310.7 Burning Objects
3107.4 Open or exposed flame
Section 113.4 is amended to read as follows:
113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for an infraction of not less than $100 dollars or more than $500 dollars, or a misdemeanor.

Chapter 2
Definitions
Section 202 – General Definitions, is amended as follows:

Add the following definitions:

FIRE BREAK – A continuous strip of land, devoid of flammable vegetation, intended to prevent the spread of fire from one area to another.

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FIRE TRAIL – An approved access road, including any concrete-lined erosion control or drainage ditch that allows fire personnel and equipment to suppress and prevent a surface extension of fire. Such trails shall be a minimum of 16 feet wide and shall not exceed a gradient determined to be unsafe by the Fire Chief.

Such trails shall be kept clear of all debris and maintained so that dry grass or weeds do not exceed 4 inches in height.

TEMPORARY – Any use, for a period, as determined by the Fire Code Official.

Chapter 3
General Precautions against Fire
Subsection 304.1 – Waste accumulation prohibited is amended by adding the following:

All properties shall be maintained in accordance with Chapter 23 of the Fairfield City Code – Weeds and Rubbish and with Fairfield Fire Prevention Standard 95-45 – Vegetation Management.

Subsection 307.6 is added to read as follows:
307.6 Materials. All materials used for bonfires, recreational fires, or in portable outdoor fireplaces shall be clean, uncontaminated wood, manufactured wood logs, or other such approved materials. Unapproved materials include, but are not limited to, contaminated wood, waste construction materials, garbage, yard waste and leaves, or other such materials that produce offensive or objectionable smoke emissions and are prohibited from use.

Section 324 – Unattended Vehicles, is added to read as follows:

Section 324 Unattended Vehicles. It shall be unlawful for anyone to leave unattended any vehicle loaded with hazardous materials (as defined in Section 2402.7 CVC), explosives, cryogens, compressed gas, flammable or combustible liquids in excess of 60 gallons, (not including fuel tank for engine) within 2,000 feet of any residential or commercial area or any other area that is deemed unsafe in the opinion of the Fire Chief.

Chapter 5
Fire Service Features
Subsection 503.1.2.1 is added to read as follows:

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503.1.2.1 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by development of any kind, the developer/property owner shall provide alternate acceptable access into the area(s), as approved by the fire code official, for fire personnel and apparatus. The developer/property owner shall be responsible for maintaining this access in drivable condition at all times.

Subsection 503.2.4 - Turning radius is amended in its entirety as follows:
503.2.4 Minimum turning radius. A fire department access road shall have a minimum standard turning radius of 28 feet (8.5 m) inside and a 48-foot (14.6 m) outside diameter.

Subsection 503.2.7 - Grade, is amended in its entirety as follows:
503.2.7 Grade. Fire department access roads shall have a maximum grade of 15% in accordance with City of Fairfield Public Works Standards relating to public streets.

Subsection 503.3 – Marking, is amended by adding the following to the end of the paragraph:

All markings shall be in accordance with Fairfield Fire Prevention Standard 92 -40 – Designated Fire Lanes.

Subsection 503.6 – Security gates, is amended by adding the following to the end of the paragraph:

Vehicular access gates or barriers shall be in accordance with Fairfield Fire Prevention Standard 95-44 – Access Gates.

Subsection 505.1 – Address identification, is amended to add the following to the end of the paragraph:

Any business which affords vehicular access to the rear through a driveway, alleyway, or parking lot, shall also display the building identification or address numbers on the rear of the building. Address numbers shall be in accordance with Fairfield Fire Prevention Standard 87-7 – Building Identification.

Subsection 505.3 is added to read as follows:
505.3 - Multi-family dwellings. At the main entrance driveway to each newly constructed multiple dwelling complex there shall be positioned an illuminated diagram (map) of the complex that lists all individual addresses of each unit in the complex. The design and location of the map shall be approved by the fire marshal.

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Chapter 6
Building Services and Systems
Subsection 608.11.1.2 – Manual operation, is amended by adding the following at the end of the paragraph:

The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box and marked as Emergency Controls.

Chapter 9
Fire Protection Systems
Subsection 901.4.8 is added to read as follows:
901.4.8 - Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Fire control rooms shall meet the following requirements:

1. Fire control rooms shall contain only fire system control valves, fire alarm control panels and other related fire system equipment.

2. The location of the fire control room shall be approved by the fire code official.

3. Fire control rooms shall have minimum dimensions of five feet by seven feet.

4. Fire control rooms shall be constructed with a one-hour fire rating.

5. Fire control rooms shall be provided with an exterior access door approved by the fire code official.

6. Durable signage shall be provided on the exterior side of the access door.

7. Storage of materials in fire control rooms is prohibited.

Exception: Group R-3 Occupancies.

Subsection 903.2 – Where required, is amended in its entirety to read as follows:
903.2. Required locations. Regardless of any exception listed above or in the remainder of this code or the California Building Code, all buildings greater than three thousand-six hundred (3,600) square feet, shall be equipped, throughout, with an approved fully automatic fire sprinkler system.

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Any existing building which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed throughout the building, in accordance with NFPA 13, an automatic fire sprinkler system whenever any of the following conditions are met:

1. Alterations, repairs, or remodels. When the floor area of an alteration, repair or remodel exceeds 50% of the gross floor area of the existing building.

2. Additions. When the floor area of the addition shall increase the gross floor area of the existing building by 50%.

3. Change of occupancy. When there is a change in occupancy type, use or character of the building that results in an increased life safety or fire risk as determined by the Fire Chief.

Exception: Non-combustible, detached canopies open on four sides, not exceeding the basic allowable square footage in CBC Table 503, used exclusively for the parking or storage of private or pleasure vehicles and non-combustible storage (includes fuel islands).

Section 903.3.1.2 NFPA 13R Sprinkler Systems, is deleted in its entirety.

Subsection 903.3.5.1 Domestic services, is amended in its entirety as follows:
903.3.5.1 Domestic water services shall only be used to supply NFPA 13D automatic sprinkler systems.

Subsection 903.3.5.2 Residential combination services, is deleted in its entirety.

Subsection 903.4.2 - Alarms, is amended to read as follows:
903.4.2 Alarms. One exterior approved audible alarm and visual strobe device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Visible alarm notification appliances shall not be required except when required by Section 907. A single approved audible alarm and visual strobe device shall be provided in the interior of the building in a normally occupied location within each space or dwelling unit and floor level, unless otherwise required by the California Fire Code.

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Subsection 903.6 Where required in existing buildings and structures, is amended in its entirety as follows:
903.6 Any existing building which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed throughout the building, in accordance with NFPA 13, an automatic fire sprinkler system whenever any of the following conditions are met:

1. Alterations, repairs or remodels. When the floor area of an alteration, repair or remodel exceeds 50% of the gross floor area of the existing building.

2. Additions. When the floor area of the addition shall increase the gross floor area of the existing building by 50%.

3. Change of occupancy. When there is a change in occupancy type, use or character of the building that results in an increased life safet y or fire risk as determined by the Fire Chief.

Section 907.6.6 - Monitoring, is amended in its entirety as follows:

907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California Building Code shall be monitored by a Central Station Service (UUFX) that is listed in the current edition of the UL Online Certifications Directory unless otherwise required by the California Fire Code.

Combination Alarm Systems. Combination fire and burglar alarm systems are not permitted. Exception: Group R-3 and R-3.1. (Ord. 5758 § 5, 2016; Ord. 5258 § 6, 2013.)

Chapter 56
Explosives and Fireworks
Subsection 5601.1.6 is added to read as follows:
5601.1.6 Prohibition. The use, sale and discharge of fireworks are prohibited.

1. Findings. The City Council finds that the sale, use and/or discharge in the City of Fairfield, whether classified as "dangerous fireworks" and/or "safe and sane fireworks" (pursuant to Health and Safety Code Sections 12500 et seq.), will endanger life and property, and may encourage the use and/or discharge of Packet Page 544 of 575Attachment 2 Page 10 of 13

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fireworks in neighboring jurisdictions where their sale, use and/or discharge are prohibited unless prohibited and/or regulated as set forth in this chapter.

2. Definitions. Any and all terms used in this chapter shall have the same meaning as defined in Health and Safety Code Section 12500 et seq. and shall govern the construction of this chapter.

3. Applicability of State Law. This chapter does not supersede State law, but is intended to supplement the provisions of Division 11, Part 2, of the Health and Safety Code (Sections 12500 et seq.) and the administrative regulations adopted pursuant to law, and to prohibit and/or regulate by local authority, as authorized by Health and Safety Code Section 12541, the sale, use, and/or discharge of fireworks in the City.

4. Sale, Use, Possession and/or Discharge Prohibited. No person or organization shall sell, use, possess and/or discharge in the City any fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks subject to the following exceptions:
a) A public display of fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks in the City provided that the person or organization is properly licensed and strictly complies with all applicable provisions of this chapter, all regulations adopted by the Fire Chief, all City resolutions and ordinances, all provisions of the Health and Safety Code, and receives authorization of the fire code official for the public displays of fireworks.
b) Any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use , or religious ceremonies when authorized by a permit granted by the fire code official and is classified as "exempt fireworks" in the Health and Safety Code.

Appendix D
Fire Apparatus Access Roads
Subsection D103.2 - Grade, is amended in its entirety as follows:

D103.2 Fire apparatus access roads shall not exceed 15 percent in grade. Exception:

Grades steeper than 15 percent must be approved by the fire code official.

Subsection D103.6 - Signs, is amended in its entirety as follows:

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D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING – FIRE LANE signs complying with Fairfield Fire Prevention Standard 92-40 –Designated Fire Lanes.

Subsection D107.1 - One- or two-family dwelling residential developments, is amended as follows:

D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads.

Appendices E, G, J, K, L, M, N, O, and P

Appendices E, G, J, K, L, M, N, O, and P are deleted in their entirety.

SECTION 2. This Ordinance shall be effective 30 days following its adoption by the City Council or January 1, 2022, whichever is later.

SECTION 3. A summary of this Ordinance, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 18th day of October 2022; and

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PASSED AND ADOPTED this _____ day of, ____________2022, by the following vote:

AYES: Councilmembers: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:

_________________________

CITY CLERK

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Agenda Item No: 18.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022­283 of the City Council of the City of Fairfield Annexing Territory (Fairfield Industrial Center) to Community Facilities District No. 2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 59, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and Resolution 2022­284 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 59 (Fairfield Industrial Center)
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The conditions of approval for the Fairfield Industrial Center development require that the property be annexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by the City of Fairfield to provide funding for public safety services, open space operation, and park maintenance. A public hearing must be held on the question of whether to annex the property to CFD 2012­2 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD 2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, call an election to allow the property owner to cast a ballot on the levy of the special tax, and declare the result of such election.

DISCUSSION
By Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos community facilities district, with the intention that future development within the city would annex to this district. The Packet Page 548 of 575

Agenda Item No: 18.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022­283 of the City Council of the City of Fairfield Annexing Territory(Fairfield Industrial Center) to Community Facilities District No. 2012­2 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 59,Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting theLevy of a Special Tax to the Qualified Electors Thereof; and Resolution 2022­284 of the City Council of the City of Fairfield Declaring the Results ofa Special Annexation Election in Territory Annexed to Community Facilities District No.2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance),Determining the Validity of Prior Proceedings, and Directing Recording of AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 59 (Fairfield Industrial Center)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Fairfield Industrial Center development require that the property beannexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. A public hearing must be held on the question of whether to annex the property to CFD2012­2 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, call anelection to allow the property owner to cast a ballot on the levy of the special tax, and declare the resultof such election.DISCUSSION By Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos community facilities district, with the intention that future development within the city would annex to this district. The special taxes collected from the property owners within the district are used to fund public safety services, open space operation, and park maintenance in the Fairfield area.

The property proposed for annexation is owned by Fairfield Industrial Center, LLC and is located west of Chadbourne Road and north of Guittard Way within the boundary of assessor’s parcel number 0028­ 200­710, as depicted on Exhibit A. The development on the property will be an industrial/manufacturing building. Development of this property will change the property’s characteristics and manner in which the property will be used, thereby creating a need for more services funded by CFD 2012­2.

The City contracts with Willdan Financial Services for the preparation of resolutions and the completion of balloting procedures for annexations to existing CFDs. This process is a specialty service that the City has contracted out since 1995 on an individual consultant services basis for each development requiring annexation to a Mello­Roos community facilities district.

Council adopted Resolution No. 2022­238 on September 6, 2022, to declare its intention to annex the territory to CFD 2012­2, and set a public hearing for October 18, 2022. Following the public hearing, and in the absence of a majority protest and approval by the property owner, the adoption of the attached resolutions will annex the territory to CFD 2012­2, call and hold an election of the property owner within the annexed territory, declare the results of the special election, and authorize the levy of the special taxes within the annexed territory, thereby concluding the annexation process. Since the conditions of approval for the development require the territory to be annexed to CFD 2012­2 and Fairfield Industrial Center, LLC is the sole owner of the parcel and the only elector qualified to vote in the special election, a majority protest regarding the annexation is not anticipated.

Once the annexation is complete, the annexed territory will be designated as Annexation No. 59. The property owner of Annexation No. 59 will be required to pay annual special taxes for CFD 2012­2, beginning in fiscal year (FY) 2023­2024 as itemized on their property tax bill in accordance with the Rate and Method of Apportionment of Special Tax for CFD 2012­2.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 2012­2 Fund 332) for this annexation is estimated to be $13,244.04, which is based on the FY 2022­2023 maximum special tax rate for industrial property at $0.027 per net square foot of lot area ($0.027 x 490,520 sq ft). The CFD 2012­2 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the developer and no general fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If council has any questions concerning the required annexation of this development, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 428­7089
[email protected]
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Agenda Item No: 18.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022­283 of the City Council of the City of Fairfield Annexing Territory(Fairfield Industrial Center) to Community Facilities District No. 2012­2 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 59,Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting theLevy of a Special Tax to the Qualified Electors Thereof; and Resolution 2022­284 of the City Council of the City of Fairfield Declaring the Results ofa Special Annexation Election in Territory Annexed to Community Facilities District No.2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance),Determining the Validity of Prior Proceedings, and Directing Recording of AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 59 (Fairfield Industrial Center)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Fairfield Industrial Center development require that the property beannexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. A public hearing must be held on the question of whether to annex the property to CFD2012­2 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, call anelection to allow the property owner to cast a ballot on the levy of the special tax, and declare the resultof such election.DISCUSSIONBy Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos communityfacilities district, with the intention that future development within the city would annex to this district. Thespecial taxes collected from the property owners within the district are used to fund public safetyservices, open space operation, and park maintenance in the Fairfield area.The property proposed for annexation is owned by Fairfield Industrial Center, LLC and is located westof Chadbourne Road and north of Guittard Way within the boundary of assessor’s parcel number 0028­200­710, as depicted on Exhibit A. The development on the property will be an industrial/manufacturingbuilding. Development of this property will change the property’s characteristics and manner in whichthe property will be used, thereby creating a need for more services funded by CFD 2012­2.The City contracts with Willdan Financial Services for the preparation of resolutions and the completionof balloting procedures for annexations to existing CFDs. This process is a specialty service that theCity has contracted out since 1995 on an individual consultant services basis for each developmentrequiring annexation to a Mello­Roos community facilities district.Council adopted Resolution No. 2022­238 on September 6, 2022, to declare its intention to annex theterritory to CFD 2012­2, and set a public hearing for October 18, 2022. Following the public hearing,and in the absence of a majority protest and approval by the property owner, the adoption of theattached resolutions will annex the territory to CFD 2012­2, call and hold an election of the propertyowner within the annexed territory, declare the results of the special election, and authorize the levy ofthe special taxes within the annexed territory, thereby concluding the annexation process. Since theconditions of approval for the development require the territory to be annexed to CFD 2012­2 andFairfield Industrial Center, LLC is the sole owner of the parcel and the only elector qualified to vote in thespecial election, a majority protest regarding the annexation is not anticipated.Once the annexation is complete, the annexed territory will be designated as Annexation No. 59. Theproperty owner of Annexation No. 59 will be required to pay annual special taxes for CFD 2012­2,beginning in fiscal year (FY) 2023­2024 as itemized on their property tax bill in accordance with theRate and Method of Apportionment of Special Tax for CFD 2012­2.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 2012­2 Fund 332) for this annexationis estimated to be $13,244.04, which is based on the FY 2022­2023 maximum special tax rate forindustrial property at $0.027 per net square foot of lot area ($0.027 x 490,520 sq ft). The CFD 2012­2maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. Theprocess for the annexation is funded by the developer and no general fund monies are used for thiseffort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf council has any questions concerning the required annexation of this development, this item may berescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTChris Lewis, Sr. Management Analyst(707) 428­7089 [email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Exhibit A ­ Boundary Map
Attachment 2: Proposed Resolution ­ Annexing Territory
Attachment 2a: Exhibit A ­ Ballot
Attachment 3: Proposed Resolution ­ Declaring Results
Attachment 3a: Exhibit A ­ Declaring Results
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 10/3/2022 ­ 8:00 PM
Beavers, Esther Approved 10/3/2022 ­ 8:16 PM
Beavers, Esther Approved 10/3/2022 ­ 8:19 PM
Packet Page 550 of 575

CHADBOURNE RDPacket Page 551 of 575Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-283

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ANNEXING TERRITORY (FAIRFIELD INDUSTRIAL CENTER) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) AS ANNEXATION NO. 59, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXED TERRITORY, AND

SUBMITTING THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF

WHEREAS, this City Council, on September 6, 2022, adopted Resolution No. 2022-238 (Resolution of Intention) stating its intention to annex certain territory to the City’s existing Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act); and

WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD (Territory) and stating the facilities and services (Services) to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (Rate and Method), is on file with the city clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention set October 18, 2022, as the date of the public hearing on the proposed annexation of the Territory to CFD 2012-2; and

WHEREAS, notice of the public hearing was published in accordance with the Act; and

WHEREAS, on the 18th of October, 2022, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and

WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of the Territory to CFD 2012 -2 and the levy of said special taxes within the Territory were heard and a full and fair hearing was held, evidence was presented to this council regarding the annexation and special taxes, and this council is fully advised as to all matters relating to the annexation of the Territory to CFD 2012-2 and the special taxes; and

WHEREAS, prior to the time fixed for said hearing, written protests had not been filed with the city clerk against the proposed annexation of the Territory to CFD 2012-2 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD 2012-2, or (ii) or more of the registered voters, or six registered, whichever is more, residing in the Territory, Packet Page 552 of 575Attachment 2 Page 1 of 4

RES. NO. 2022-283

or (iii) owners of one-half or more of the area of land in CFD 2012-2 and not exempt from the levy of the special tax, or (iv) owners of one-half or more of the area of land in the Territory and not exempt from the levy of the special tax; and

WHEREAS, the special tax proposed to be levied in the Territory to pay for the cost of the Services, including incidental expenses, has not been precluded by a majority protest pursuant to Section 53324 of the Act; and

WHEREAS, Annexation Map No. 59 to CFD 2012-2 has been filed with the county recorder of the county of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. All prior proceedings taken by this council, with respect to CFD 2012-2 and the proposed annexation of the Territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 3. This council determines that the project proposed for the Territory will intensify the use of the property creating a need for more Services under CFD 2012-2. The Services which CFD 2012-2 is authorized to finance are in addition to those provided in or required for the territory within CFD 2012-2 and will not be replacing services already available.

Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 59 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 5. The provisions of the Resolution of Intention, which has heretofore been adopted by this council, are by this reference incorporated herein, as if fully set forth herein.

Section 6. It is the intention of this council that, except where funds are otherwise available to pay for the Services, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of the Territory from and after the annexation of the Territory to CFD 2012-2. The special taxes shall be those as originally authorized through the formation of CFD 2012-2 and adopted by ordinance of the legislative body of CFD 2012-2. For particulars, reference is hereby made to the Rate and Method. The special tax is Packet Page 553 of 575Attachment 2 Page 2 of 4

RES. NO. 2022-283

hereby authorized, subject to approval by two-thirds of the votes cast within the Territory, commencing with fiscal year 2023-2024, in accordance with the Rate and Method and procedures of the Act within the boundaries of the Territory to pay for the costs of the Services, including incidental expenses.

Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the Territory shall be submitted to the voters within the Territory at an election called therefore as hereinafter provided.

Section 8. This council hereby finds that fewer than 12 persons have been registered to vote within the Territory for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this council for the purposes of these annexation proceedings.

Accordingly, and pursuant to Section 53326 of the Act, this council finds that for purposes of these proceedings the qualified electors are the landowners within the Territory and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the Territory.

Section 9. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that code, insofar as they have not been waived by the unanimous consent of all landowners of the Territory.

Section 10. This council calls a special election to consider the measure described in the ballot referred to in Section 11 below, which election will be held on October 18, 2022, (Election Day) in the office of the city clerk, at city hall, 1000 Webster Street, Fairfield, California.

Section 11. The city clerk will be the election official to conduct the election and has caused to be provided to each landowner in the Territory, a ballot in the form of Exhibit A hereto, which is hereby approved.

Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6 p.m. on Election Day, whether received by mail or by personal delivery.

Section 13. This council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

Packet Page 554 of 575Attachment 2 Page 3 of 4

RES. NO. 2022-283

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK

Packet Page 555 of 575Attachment 2 Page 4 of 4

EXHIBIT A

City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 59

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION

This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Fairfield no later than 6:00 p.m. on October 18, 2022, either by mail or in person. The City Clerk’s office is located at City Hall, 1000 Webster Street, 4th Floor, Fairfield, California, 94533.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance)
(the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on September 6, 2022?
YES:

NO:

By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/Authorized Representative Signature: ________________________ Packet Page 556 of 575Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-284

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF A

SPECIAL ANNEXATION ELECTION IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK

MAINTENANCE), DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING

RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN FOR CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) ANNEXATION NO. 59 (FAIRFIELD INDUSTRIAL CENTER)

WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act), this council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2); and

WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the city clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and

WHEREAS, this council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution No. 2022-283, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Fairfield Industrial Center) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 59, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof”, adopted October 18, 2022.

Section 3. Pursuant to the Canvass on file with the city clerk, the issue presented at the special election was approved by the landowners of the territory annexed to CFD 2012-2 by more than two- thirds of the landowners voting at the special election.

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RES. NO. 2022-284

Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution No. 2022-283 adopted October 18, 2022, as heretofore provided in these proceedings.

Section 5. All prior proceedings taken by this council with respect to CFD 2012-2 and the annexation of the territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 6. Within 15 days of the date hereof, the city clerk shall execute and cause to be recorded in the office of the county recorder of the county of Solano, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
Packet Page 558 of 575Attachment 4 Page 2 of 2

Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 59

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on October 18, 2022, in the territory annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) of the City of Fairfield which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

City of Fairfield Community Facilities
District No. 2012-2 (Public Safety
Services, Open Space Operation, and
Park Maintenance)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 59 Special Tax
Annexation Election, October 18, 2022

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on September 6, 2022?

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF OCTOBER, 2022.

CITY OF FAIRFIELD

By:________________________
City Clerk

Packet Page 559 of 575Attachment 5 Page 1 of 1

Agenda Item No: 19.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022­285 of the City Council of the City of Fairfield Annexing Territory (Valley Strong Credit Union) to Community Facilities District No. 2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 60, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof; and Resolution 2022­286 of the City Council of the City of Fairfield Declaring the Results of a Special Annexation Election in Territory Annexed to Community Facilities District No. 2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance), Determining the Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60 (Valley Strong Credit Union)
RECOMMENDED ACTION
Hold public hearing and adopt resolutions.

STATEMENT OF ISSUE
The conditions of approval for the Valley Strong Credit Union development require that the property be annexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by the City of Fairfield to provide funding for public safety services, open space operation, and park maintenance. A public hearing must be held on the question of whether to annex the property to CFD 2012­2 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD 2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, call an election to allow the property owner to cast a ballot on the levy of the special tax, and declare the result of such election.

DISCUSSION
By Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos community facilities district, with the intention that future development within the city would annex to this district. The Packet Page 560 of 575

Agenda Item No: 19.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022­285 of the City Council of the City of Fairfield Annexing Territory (ValleyStrong Credit Union) to Community Facilities District No. 2012­2 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 60,Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting theLevy of a Special Tax to the Qualified Electors Thereof; and Resolution 2022­286 of the City Council of the City of Fairfield Declaring the Results ofa Special Annexation Election in Territory Annexed to Community Facilities District No.2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance),Determining the Validity of Prior Proceedings, and Directing Recording of AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 60 (Valley Strong Credit Union)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Valley Strong Credit Union development require that the property beannexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. A public hearing must be held on the question of whether to annex the property to CFD2012­2 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, call anelection to allow the property owner to cast a ballot on the levy of the special tax, and declare the resultof such election.DISCUSSION By Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos community facilities district, with the intention that future development within the city would annex to this district. The special taxes collected from the property owners within the district are used to fund public safety services, open space operation, and park maintenance in the Fairfield area.

The property proposed for annexation is owned by Valley Strong Credit Union and is located north of Manuel Campos Parkway and east of Interstate Highway No. 80 within the boundaries of assessor’s parcel numbers 0167­110­230 and 0167­110­250, as depicted on Exhibit A. The development on the property will be a Valley Strong Credit Union commercial building. Development of this property will change the property’s characteristics and manner in which the property will be used thereby creating a need for more services funded by CFD 2012­2.

The City contracts with Willdan Financial Services for the preparation of resolutions and the completion of balloting procedures for annexations to existing CFDs. This process is a specialty service that the City has contracted out since 1995 on an individual consultant services basis for each development requiring annexation to a Mello­Roos community facilities district.

Council adopted Resolution No. 2022­239 on September 6, 2022, to declare its intention to annex the territory to CFD 2012­2, and set a public hearing for October 18, 2022. Following the public hearing, and in the absence of a majority protest and approval by the property owner, the adoption of the attached resolutions will annex the territory to CFD 2012­2, call and hold an election of the property owner within the annexed territory, declare the results of the special election, and authorize the levy of the special taxes within the annexed territory, thereby concluding the annexation process. Since the conditions of approval for the development require the territory to be annexed to CFD 2012­2 and Valley Strong Credit Union is the sole owner of the parcel and the only elector qualified to vote in the special election, a majority protest regarding the annexation is not anticipated.

Once the annexation is complete, the annexed territory will be designated as Annexation No. 60. The property owner of Annexation No. 60 will be required to pay annual special taxes for CFD 2012­2, beginning in fiscal year (FY) 2023­2024 as itemized on their property tax bill in accordance with the Rate and Method of Apportionment of Special Tax for CFD 2012­2.

FINANCIAL IMPACT
The anticipated annual revenue to be received by the City (CFD 2012­2 Fund 332) for this annexation is estimated to be $3,767.70, which is based on the FY 2022­2023 maximum special tax rate for commercial property at $0.283 per gross square foot of building floor area ($0.283 x 13,313.42 sq ft).

The CFD 2012­2 maximum special tax rates include an automatic annual consumer price index (CPI) adjustment. The process for the annexation is funded by the developer and no general fund monies are used for this effort.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
If council has any questions concerning the required annexation of this development, this item may be rescheduled until the next council meeting to allow staff to provide the necessary background information. However, if the annexation is not approved, the conditions of approval for this development would not be fulfilled and the development process would cease.

STAFF CONTACT
Chris Lewis, Sr. Management Analyst
(707) 428­7089
[email protected]
Packet Page 561 of 575

Agenda Item No: 19.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; and Resolution 2022­285 of the City Council of the City of Fairfield Annexing Territory (ValleyStrong Credit Union) to Community Facilities District No. 2012­2 (Public SafetyServices, Open Space Operation, and Park Maintenance) as Annexation No. 60,Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting theLevy of a Special Tax to the Qualified Electors Thereof; and Resolution 2022­286 of the City Council of the City of Fairfield Declaring the Results ofa Special Annexation Election in Territory Annexed to Community Facilities District No.2012­2 (Public Safety Services, Open Space Operation, and Park Maintenance),Determining the Validity of Prior Proceedings, and Directing Recording of AmendedNotice of Special Tax Lien for City of Fairfield Community Facilities District No. 2012­2(Public Safety Services, Open Space Operation, and Park Maintenance) AnnexationNo. 60 (Valley Strong Credit Union)RECOMMENDED ACTIONHold public hearing and adopt resolutions.STATEMENT OF ISSUEThe conditions of approval for the Valley Strong Credit Union development require that the property beannexed to Community Facilities District No. 2012­2 (CFD 2012­2). CFD 2012­2 was formed by theCity of Fairfield to provide funding for public safety services, open space operation, and parkmaintenance. A public hearing must be held on the question of whether to annex the property to CFD2012­2 and, in the absence of a majority protest, the attached resolutions annex the territory to CFD2012­2, authorize the levy of a special tax within the annexed territory subject to voter approval, call anelection to allow the property owner to cast a ballot on the levy of the special tax, and declare the resultof such election.DISCUSSIONBy Resolution No. 2012­233, the City Council established CFD 2012­2, a Mello­Roos communityfacilities district, with the intention that future development within the city would annex to this district. Thespecial taxes collected from the property owners within the district are used to fund public safetyservices, open space operation, and park maintenance in the Fairfield area.The property proposed for annexation is owned by Valley Strong Credit Union and is located north ofManuel Campos Parkway and east of Interstate Highway No. 80 within the boundaries of assessor’sparcel numbers 0167­110­230 and 0167­110­250, as depicted on Exhibit A. The development on theproperty will be a Valley Strong Credit Union commercial building. Development of this property willchange the property’s characteristics and manner in which the property will be used thereby creating aneed for more services funded by CFD 2012­2.The City contracts with Willdan Financial Services for the preparation of resolutions and the completionof balloting procedures for annexations to existing CFDs. This process is a specialty service that theCity has contracted out since 1995 on an individual consultant services basis for each developmentrequiring annexation to a Mello­Roos community facilities district.Council adopted Resolution No. 2022­239 on September 6, 2022, to declare its intention to annex theterritory to CFD 2012­2, and set a public hearing for October 18, 2022. Following the public hearing,and in the absence of a majority protest and approval by the property owner, the adoption of theattached resolutions will annex the territory to CFD 2012­2, call and hold an election of the propertyowner within the annexed territory, declare the results of the special election, and authorize the levy ofthe special taxes within the annexed territory, thereby concluding the annexation process. Since theconditions of approval for the development require the territory to be annexed to CFD 2012­2 andValley Strong Credit Union is the sole owner of the parcel and the only elector qualified to vote in thespecial election, a majority protest regarding the annexation is not anticipated.Once the annexation is complete, the annexed territory will be designated as Annexation No. 60. Theproperty owner of Annexation No. 60 will be required to pay annual special taxes for CFD 2012­2,beginning in fiscal year (FY) 2023­2024 as itemized on their property tax bill in accordance with theRate and Method of Apportionment of Special Tax for CFD 2012­2.FINANCIAL IMPACTThe anticipated annual revenue to be received by the City (CFD 2012­2 Fund 332) for this annexationis estimated to be $3,767.70, which is based on the FY 2022­2023 maximum special tax rate forcommercial property at $0.283 per gross square foot of building floor area ($0.283 x 13,313.42 sq ft).The CFD 2012­2 maximum special tax rates include an automatic annual consumer price index (CPI)adjustment. The process for the annexation is funded by the developer and no general fund monies areused for this effort.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONIf council has any questions concerning the required annexation of this development, this item may berescheduled until the next council meeting to allow staff to provide the necessary backgroundinformation. However, if the annexation is not approved, the conditions of approval for this developmentwould not be fulfilled and the development process would cease.STAFF CONTACTChris Lewis, Sr. Management Analyst (707) 428­7089
[email protected]
COORDINATED WITH
N/A
ATTACHMENTS:

Description
Attachment 1: Exhibit A ­ Boundary Map
Attachment 2: Proposed Resolution ­ Annexing Territory
Attachment 2a: Exhibit A ­ Ballot
Attachment 3: Proposed Resolution ­ Declaring Results
Attachment 3a: Exhibit A ­ Declaring Results
REVIEWERS:

Reviewer Action Date
Kaushal, Paul Approved 10/3/2022 ­ 8:01 PM
Beavers, Esther Approved 10/3/2022 ­ 8:19 PM
Beavers, Esther Approved 10/3/2022 ­ 8:20 PM
Packet Page 562 of 575

NELSON RDINTERSTATE 80Packet Page 563 of 575Attachment 1 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-285

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ANNEXING TERRITORY (VALLEY STRONG CREDIT UNION) TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) AS ANNEXATION NO. 60,

AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXED TERRITORY, AND

SUBMITTING THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF

WHEREAS, this City Council, on September 6, 2022, adopted Resolution No. 2022-239 (Resolution of Intention) stating its intention to annex certain territory to the City’s existing Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act); and

WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD (Territory) and stating the facilities and services (Services) to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (Rate and Method), is on file with the city clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention set October 18, 2022, as the date of the public hearing on the proposed annexation of the Territory to CFD 2012-2; and

WHEREAS, notice of the public hearing was published in accordance with the Act; and

WHEREAS, on the 18th of October, 2022, this council held a public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD; and

WHEREAS, at said hearing interested persons desiring to be heard on all matters pertaining to the annexation of the Territory to CFD 2012 -2 and the levy of said special taxes within the Territory were heard and a full and fair hearing was held, evidence was presented to this council regarding the annexation and special taxes, and this council is fully advised as to all matters relating to the annexation of the Territory to CFD 2012-2 and the special taxes; and

WHEREAS, prior to the time fixed for said hearing, written protests had not been filed with the city clerk against the proposed annexation of the Territory to CFD 2012-2 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD 2012-2, or (ii) or more of the registered voters, or six registered, whichever is more, residing in the Territory, Packet Page 564 of 575Attachment 2 Page 1 of 4

RES. NO. 2022-285

or (iii) owners of one-half or more of the area of land in CFD 2012-2 and not exempt from the levy of the special tax, or (iv) owners of one-half or more of the area of land in the Territory and not exempt from the levy of the special tax; and

WHEREAS, the special tax proposed to be levied in the Territory to pay for the cost of the Services, including incidental expenses, has not been precluded by a majority protest pursuant to Section 53324 of the Act; and

WHEREAS, Annexation Map No. 60 to CFD 2012-2 has been filed with the county recorder of the county of Solano, which map shows the Territory to be annexed to the CFD in these proceedings, and a copy thereof is on file with the city clerk.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. All prior proceedings taken by this council, with respect to CFD 2012-2 and the proposed annexation of the Territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 3. This council determines that the project proposed for the Territory will intensify the use of the property creating a need for more Services under CFD 2012-2. The Services which CFD 2012-2 is authorized to finance are in addition to those provided in or required for the territory within CFD 2012-2 and will not be replacing services already available.

Section 4. The description and map of the boundaries of the Territory, as described in said Annexation No. 60 to the CFD, on file with the city clerk, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD 2012-2, and said Territory is hereby ordered annexed to CFD 2012-2, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

Section 5. The provisions of the Resolution of Intention, which has heretofore been adopted by this council, are by this reference incorporated herein, as if fully set forth herein.

Section 6. It is the intention of this council that, except where funds are otherwise available to pay for the Services, a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of the Territory from and after the annexation of the Territory to CFD 2012-2. The special taxes shall be those as originally authorized through the formation of CFD 2012-2 and adopted by ordinance of the legislative body of CFD 2012-2. For particulars, reference is hereby made to the Rate and Method. The special tax is Packet Page 565 of 575Attachment 2 Page 2 of 4

RES. NO. 2022-285

hereby authorized, subject to approval by two-thirds of the votes cast within the Territory, commencing with fiscal year 2023-2024, in accordance with the Rate and Method and procedures of the Act within the boundaries of the Territory to pay for the costs of the Services, including incidental expenses.

Section 7. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the Territory shall be submitted to the voters within the Territory at an election called therefore as hereinafter provided.

Section 8. This council hereby finds that fewer than 12 persons have been registered to vote within the Territory for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this council for the purposes of these annexation proceedings.

Accordingly, and pursuant to Section 53326 of the Act, this council finds that for purposes of these proceedings the qualified electors are the landowners within the Territory and that the vote shall be by said landowners, each having one vote for each acre or each portion thereof such landowner owns in the Territory.

Section 9. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot, in accordance with the applicable provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that code, insofar as they have not been waived by the unanimous consent of all landowners of the Territory.

Section 10. This council calls a special election to consider the measure described in the ballot referred to in Section 11 below, which election will be held on October 18, 2022, (Election Day) in the office of the city clerk, at city hall, 1000 Webster Street, Fairfield, California.

Section 11. The city clerk will be the election official to conduct the election and has caused to be provided to each landowner in the Territory, a ballot in the form of Exhibit A hereto, which is hereby approved.

Section 12. The city clerk has accepted the ballots of the qualified electors received prior to 6 p.m. on Election Day, whether received by mail or by personal delivery.

Section 13. This council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

Packet Page 566 of 575Attachment 2 Page 3 of 4

RES. NO. 2022-285

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK

Packet Page 567 of 575Attachment 2 Page 4 of 4

EXHIBIT A

City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION

This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Fairfield no later than 6:00 p.m. on October 18, 2022, either by mail or in person. The City Clerk’s office is located at City Hall, 1000 Webster Street, 4th Floor, Fairfield, California, 94533.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return to the City Clerk of the City of Fairfield and obtain another.

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance)
(the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on September 6, 2022?
YES:

NO:

By executing in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/Authorized Representative Signature: ________________________ Packet Page 568 of 575Attachment 3 Page 1 of 1

CITY OF FAIRFIELD

RESOLUTION NO. 2022-286

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD DECLARING THE RESULTS OF A

SPECIAL ANNEXATION ELECTION IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK

MAINTENANCE), DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING

RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN FOR CITY OF FAIRFIELD COMMUNITY FACILITIES DISTRICT NO. 2012-2 (PUBLIC SAFETY SERVICES, OPEN SPACE OPERATION, AND PARK MAINTENANCE) ANNEXATION NO. 60 (VALLEY STRONG CREDIT UNION)

WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code) (Act), this council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (CFD or CFD 2012-2); and

WHEREAS, pursuant to the terms of the resolution, which is hereby incorporated herein by this reference, the special election has been held and the city clerk has filed a Canvass and Statement of Results of Election (Canvass) a copy of which is attached hereto as Exhibit A; and

WHEREAS, this council has reviewed the Canvass and hereby approves it.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and made a part hereof.

Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to CFD 2012-2, to be levied in accordance with the Rate and Method of Apportionment heretofore approved by this council as described in Resolution No. 2022-285, a “Resolution of the City Council of the City of Fairfield Annexing Territory (Valley Strong Credit Union) to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) as Annexation No. 60, Authorizing the Levy of a Special Tax Within the Annexed Territory, and Submitting the Levy of a Special Tax to the Qualified Electors Thereof”, adopted October 18, 2022.

Section 3. Pursuant to the Canvass on file with the city clerk, the issue presented at the special election was approved by the landowners of the territory annexed to CFD 2012-2 by more than two- thirds of the landowners voting at the special election.

Packet Page 569 of 575Attachment 4 Page 1 of 2

RES. NO. 2022-286

Section 4. Pursuant to the voter approval, this council may levy special taxes within the territory annexed to CFD 2012-2 pursuant to Resolution No. 2022-285 adopted October 18, 2022, as heretofore provided in these proceedings.

Section 5. All prior proceedings taken by this council with respect to CFD 2012-2 and the annexation of the territory thereto, have been duly considered and are hereby determined to be valid and in conformity with the Act.

Section 6. Within 15 days of the date hereof, the city clerk shall execute and cause to be recorded in the office of the county recorder of the county of Solano, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highway Code.

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR
ATTEST:

CITY CLERK
Packet Page 570 of 575Attachment 4 Page 2 of 2

Exhibit A
City of Fairfield
Community Facilities District No. 2012-2
(Public Safety Services, Open Space Operation, and Park Maintenance) Annexation No. 60

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on October 18, 2022, in the territory annexed to Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) of the City of Fairfield which election is designed as the Special Tax Annexation Election, and the cast for and against the measure are as follows and the total as shown for and against the measure are full, true and correct:

City of Fairfield Community Facilities
District No. 2012-2 (Public Safety
Services, Open Space Operation, and
Park Maintenance)
Qualified
Landowner
Votes
Votes
Cast YES NO
Annexation No. 60 Special Tax
Annexation Election, October 18, 2022

BALLOT MEASURE: Shall the City of Fairfield, by and for its Community Facilities District No. 2012-2 (Public Safety Services, Open Space Operation, and Park Maintenance) (the “CFD”) be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Fairfield adopted by its Council on September 6, 2022?

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF OCTOBER, 2022.

CITY OF FAIRFIELD

By:________________________
City Clerk

Packet Page 571 of 575Attachment 5 Page 1 of 1

Agenda Item No: 20.

AGENDA REPORT
DATE:October 18, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Public Hearing; and
Resolution 2022­287 of the City Council of the City of Fairfield Approving the Issuance of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $70,000,000 to Finance Parkside Flats, an Affordable Rental Housing project to be Located at 1600 Woolner Avenue for the Benefit of Affordable Housing Alliance II, Inc., or an Affiliate Thereof, and Certain Other Matters Relating Thereto
RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
Affordable Housing Alliance II, Inc. and Sutton Place Development Corp (collectively, the Developer) entered into a Disposition and Development Agreement (DDA) with the Fairfield Housing Authority (FHA), dated February 10, 2020, under which the FHA agreed to sell to the Developer, upon the satisfaction of certain conditions, property owned by the FHA located at 1600 Woolner Avenue (Property) to develop Parkside Flats, a 168­unit affordable housing project (Project). The Bonds will be issued by a Joint Powers Authority(JPA) to finance most of the development costs of the Project.[MI1] The Bonds will be payable only from Project revenues and assets, and none of the FHA, the City of Fairfield (City), or the taxpayers of the City will be liable for repayment of the Bonds under any circumstance.

Under federal tax law, in order for the Bonds to qualify as tax­exempt:

A duly noticed public hearing (TEFRA Hearing) must be held, providing the members of the community an opportunity to speak in favor of or against the use of tax­exempt bonds for the proposed financing.

An “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located must provide its approval of the issuance of the Bonds for the financing. The City Council is an "applicable elected representative" that can approve the proposed financing for the Project.

DISCUSSION
The Redevelopment Agency to the City of Fairfield (RDA) purchased the Property from the City in 2010 Packet Page 572 of 575

Agenda Item No: 20.AGENDA REPORTDATE:October 18, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Public Hearing; andResolution 2022­287 of the City Council of the City of Fairfield Approving the Issuanceof Revenue Bonds in an Aggregate Principal Amount Not to Exceed $70,000,000 toFinance Parkside Flats, an Affordable Rental Housing project to be Located at 1600Woolner Avenue for the Benefit of Affordable Housing Alliance II, Inc., or an AffiliateThereof, and Certain Other Matters Relating TheretoRECOMMENDED ACTIONHold public hearing and adopt resolution.STATEMENT OF ISSUEAffordable Housing Alliance II, Inc. and Sutton Place Development Corp (collectively, the Developer)entered into a Disposition and Development Agreement (DDA) with the Fairfield Housing Authority(FHA), dated February 10, 2020, under which the FHA agreed to sell to the Developer, upon thesatisfaction of certain conditions, property owned by the FHA located at 1600 Woolner Avenue(Property) to develop Parkside Flats, a 168­unit affordable housing project (Project). The Bonds will beissued by a Joint Powers Authority(JPA) to finance most of the development costs of the Project.[MI1]The Bonds will be payable only from Project revenues and assets, and none of the FHA, the City ofFairfield (City), or the taxpayers of the City will be liable for repayment of the Bonds under anycircumstance.Under federal tax law, in order for the Bonds to qualify as tax­exempt:A duly noticed public hearing (TEFRA Hearing) must be held, providing the members of thecommunity an opportunity to speak in favor of or against the use of tax­exempt bonds for theproposed financing.An “applicable elected representative” of the governmental unit having jurisdiction over the area inwhich the Project is located must provide its approval of the issuance of the Bonds for thefinancing. The City Council is an "applicable elected representative" that can approve theproposed financing for the Project.

DISCUSSION
The Redevelopment Agency to the City of Fairfield (RDA) purchased the Property from the City in 2010 for future housing development. In 2013, after the dissolution of RDA the Property was transferred to the FHA to continue efforts to find a suitable housing developer.

On February 20, 2020, the FHA approved Resolution HA2020­02 approving the DDA for a development proposal for a +168­unit mixed­income housing project. The DDA has since been amended twice to extend the close of the escrow deadline. The Developer has indicated that the Bonds to finance most of the development costs of the Project will be issued by a Joint Powers Authority (JPA).

The Bonds will be payable only from project revenues and assets, and none of the FHA, the City, or the taxpayers of the City will be liable for repayment of the Bonds under any circumstance.

City staff requests the City Council to hold the TEFRA Hearing and approve the proposed financing for federal tax law purposes by adopting the attached resolution (TEFRA Resolution).

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic on October 5, 2022.

ALTERNATIVE ACTION
The council may choose not to adopt the resolution approving the Issuance of Revenue Bonds to Finance Parkside Flats. This action would delay construction on this project.

STAFF CONTACT
LaTanya Terrones, Sr. Management Analyst
(707) 428­7454
[email protected]
COORDINATED WITH
Finance Department
ATTACHMENTS:

Description
Proposed Resolution
REVIEWERS:

Reviewer Action Date
Maya­Guerrero, Iris Approved 10/14/2022 ­ 11:28 AM
Maya­Guerrero, Iris Approved 10/14/2022 ­ 11:28 AM
Maya­Guerrero, Iris Approved 10/14/2022 ­ 11:28 AM
Beavers, Esther Approved 10/14/2022 ­ 11:36 AM
Beavers, Esther Approved 10/14/2022 ­ 11:36 AM
Packet Page 573 of 575

CITY OF FAIRFIELD

RESOLUTION NO. 2022-287

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD APPROVING THE ISSUANCE OF REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $70,000,000 TO

FINANCE PARKSIDE FLATS, AN AFFORDABLE RENTAL HOUSING PROJECT TO BE LOCATED AT 1600 WOOLNER AVENUE FOR THE BENEFIT OF AFFORDABLE HOUSING ALLIANCE II, INC., OR

AN AFFILIATE THEREOF, AND CERTAIN MATTERS RELATING THERETO

WHEREAS, Affordable Housing Alliance II, Inc., doing business as Integrity Housing, and Sutton Place Development Corp. (collectively, the “Sponsor”), on behalf of an ownership entity to be created by the Sponsor or a California limited liability company established by the Sponsor to own the Project described herein (such ownership entity, the “Borrower”), is seeking the issuance of tax exempt revenue bonds in an aggregate principal amount not to exceed $70,000,000 (the “Bonds”), including but not limited to revenue bonds issued as part of a plan to finance the acquisition, construction, development and equipping of an approximately 168 -unit affordable rental housing facility (the “Project”) to be owned and operated by the Borrower and located at 1600 Woolner Avenue within the City of Fairfield, California (the “City”); and

WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the issuance of the Bonds under Section 147(f) of the Code ; and

WHEREAS, the City Council is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and

WHEREAS, pursuant to Section 147(f) of the Code, the council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by a Joint Powers Authority.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The foregoing recitals are true and correct.

Section 2. The council hereby approves the issuance of the Bonds by a to be named Joint Powers Authority, including but not limited to Bonds issued as part of a plan to finance the project described herein. It is the purpose and intent of the council that this resolution constitutes approval of the issuance of the Bonds by for the Project, for th e purposes of Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f).

Packet Page 574 of 575Attachment 1 Page 1 of 2

RES. NO. 2022-287

Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 4. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 18th day of October, 2022, by the following vote:

AYES: MEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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