Agenda, first session — Fairfield City Council, January 17, 2023 (part 3 of 4)

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of January, 2023, and

PASSED AND ADOPTED this ___ day of _________, 2023, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR / PANDURO / TONNESEN / VACCARO / WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
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Agenda Item No: 12.

AGENDA REPORT
DATE:January 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
First Reading and Introduction of Ordinance 202302 of the City Council of the City of Fairfield Amending Section 25.20.3 of Chapter 25, Article I of the Municipal Code, also Known as the Zoning Ordinance, to Include Section 25.20.3.4 SB 9 Development Regulations and Associated Table 252.1 RVL and RL District Development Regulations Under Senate Bill 9
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

STATEMENT OF ISSUE
The City requests council adopt Proposed Ordinance Amendment Senate Bill 9 (SB 9) Development Regulations, providing guidelines and objective development regulations for housing projects and subdivisions that qualify under SB 9.

DISCUSSION
In 2021, Gavin Newsom signed into law SB 9 to further address California’s housing shortage and encourage access to affordable housing. The new bill went into effect on January 1, 2022. This bill requires local agencies to ministerially approve housing projects, and urban lot split proposals in single family residential zones if they meet certain requirements set forth in SB 9. The bill is comprised of two parts, a housing development portion, and an urban lot split portion. The bill also allows local agencies to impose objective zoning, subdivision, and design standards for housing development and urban lot split project applications, provided that these standards do not conflict with the requirements set by the bill. SB 9 requires that agencies allow for the construction of up to two units of at least 800 square feet in floor area, with a maximum fourfoot setback along the side and rear lot lines. Furthermore, the bill states that proposed urban lot splits cannot result in two parcels where one parcel is smaller than 40 percent of the lot area of the original parcel, and the newly created parcels are required to be no smaller than 1,200 square feet.

City staff has prepared an amendment to the Zoning Ordinance to include Section 25.20.3.4 SB 9 Development Regulations to impose objective development standards that are consistent with SB 9 and facilitate housing development, and urban lot splits under the parameters of the bill. This new section includes subsections for ‘Purpose,’ ‘Applicability,’ ‘Development Regulations,’ and ‘General Restrictions.’ The development regulations are comprised of objective standards for lot area, lot dimensions, parking requirements, landscaping, dwelling unit size, floor area ratio, setbacks, building heights, roof pitch, wall plane transparency, and window and door trim. These proposed amendments would ensure that SB 9 development is consistent with the City’s existing neighborhoods and is of quality design.

Environmental Review:

An ordinance adopted to implement SB 9 shall not be considered a project under the California Environmental Quality Act (CEQA) and is exempt from CEQA review per Government Code Sections 65852.21(j) and 66411.7(n), which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code Section 65852.21 and 66411.7 and regulating two unit development and urban lot split projects are statutorily exempt from the requirements of CEQA. The proposed text amendments are also separately and independently exempt from CEQA, pursuant to Section 15061(b)(3): Common Sense Exemption, the general rule that CEQA only applies to projects which have the potential for causing a significant on the environment. The text amendments make changes to facilitate SB 9 projects and incorporate objective standards consistent with State law; these changes will not result in any new substantial physical change to the environment.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A public hearing notice was published in the Daily Republic newspaper on Friday, January 6, 2023.

The Planning Commission held a public hearing at its December 14, 2022, meeting, which was noticed in the Daily Republic on Friday, December 2, 2022. Following the closure of the public hearing and deliberations, the commission adopted Resolution PC202216 on a 70 vote, approving the proposed ordinance amendment request and recommending the council adopt the proposed ordinance.

The City has received no questions or comments regarding this proposal at the time of this writing.

ALTERNATIVE ACTION
The council may choose not to adopt the proposed ordinance. Should the proposed ordinance not pass, SB 9 would still be in effect, and the City would have to accept project applications consistent with the bill. In this circumstance, the City would not have any adopted objective standards to apply to SB 9 projects.

The council may also choose not to adopt the proposed ordinance as is and provide direction to staff to make alternative amendments.

STAFF CONTACT
YeeLynn Wong, Junior Planner
(707) 4287449
[email protected]
COORDINATED WITH
City Attorney's Office, Public Works Department
Packet Page 388 of 812

Agenda Item No: 12.AGENDA REPORTDATE:January 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; and First Reading and Introduction of Ordinance 202302 of the City Council of the City ofFairfield Amending Section 25.20.3 of Chapter 25, Article I of the Municipal Code, alsoKnown as the Zoning Ordinance, to Include Section 25.20.3.4 SB 9 DevelopmentRegulations and Associated Table 252.1 RVL and RL District DevelopmentRegulations Under Senate Bill 9RECOMMENDED ACTIONHold public hearing; waive full reading, read by title only and introduce ordinance for first reading.STATEMENT OF ISSUEThe City requests council adopt Proposed Ordinance Amendment Senate Bill 9 (SB 9) DevelopmentRegulations, providing guidelines and objective development regulations for housing projects andsubdivisions that qualify under SB 9.DISCUSSIONIn 2021, Gavin Newsom signed into law SB 9 to further address California’s housing shortage andencourage access to affordable housing. The new bill went into effect on January 1, 2022. This billrequires local agencies to ministerially approve housing projects, and urban lot split proposals in singlefamily residential zones if they meet certain requirements set forth in SB 9. The bill is comprised of twoparts, a housing development portion, and an urban lot split portion. The bill also allows local agenciesto impose objective zoning, subdivision, and design standards for housing development and urban lotsplit project applications, provided that these standards do not conflict with the requirements set by thebill. SB 9 requires that agencies allow for the construction of up to two units of at least 800 square feetin floor area, with a maximum fourfoot setback along the side and rear lot lines. Furthermore, the billstates that proposed urban lot splits cannot result in two parcels where one parcel is smaller than 40percent of the lot area of the original parcel, and the newly created parcels are required to be no smallerthan 1,200 square feet.City staff has prepared an amendment to the Zoning Ordinance to include Section 25.20.3.4 SB 9Development Regulations to impose objective development standards that are consistent with SB 9and facilitate housing development, and urban lot splits under the parameters of the bill. This newsection includes subsections for ‘Purpose,’ ‘Applicability,’ ‘Development Regulations,’ and ‘GeneralRestrictions.’ The development regulations are comprised of objective standards for lot area, lotdimensions, parking requirements, landscaping, dwelling unit size, floor area ratio, setbacks, buildingheights, roof pitch, wall plane transparency, and window and door trim. These proposed amendmentswould ensure that SB 9 development is consistent with the City’s existing neighborhoods and is ofquality design.Environmental Review:An ordinance adopted to implement SB 9 shall not be considered a project under the CaliforniaEnvironmental Quality Act (CEQA) and is exempt from CEQA review per Government Code Sections65852.21(j) and 66411.7(n), which state that the adoption of an ordinance by a city or countyimplementing the provisions of Government Code Section 65852.21 and 66411.7 and regulating twounit development and urban lot split projects are statutorily exempt from the requirements of CEQA. Theproposed text amendments are also separately and independently exempt from CEQA, pursuant toSection 15061(b)(3): Common Sense Exemption, the general rule that CEQA only applies to projectswhich have the potential for causing a significant on the environment. The text amendments makechanges to facilitate SB 9 projects and incorporate objective standards consistent with State law; thesechanges will not result in any new substantial physical change to the environment.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONA public hearing notice was published in the Daily Republic newspaper on Friday, January 6, 2023. The Planning Commission held a public hearing at its December 14, 2022, meeting, which was noticedin the Daily Republic on Friday, December 2, 2022. Following the closure of the public hearing anddeliberations, the commission adopted Resolution PC202216 on a 70 vote, approving the proposedordinance amendment request and recommending the council adopt the proposed ordinance. The City has received no questions or comments regarding this proposal at the time of this writing.ALTERNATIVE ACTIONThe council may choose not to adopt the proposed ordinance. Should the proposed ordinance notpass, SB 9 would still be in effect, and the City would have to accept project applications consistent withthe bill. In this circumstance, the City would not have any adopted objective standards to apply to SB 9projects. The council may also choose not to adopt the proposed ordinance as is and provide direction to staff tomake alternative amendments. STAFF CONTACTYeeLynn Wong, Junior Planner(707) 428[email protected] WITH City Attorney's Office, Public Works Department
ATTACHMENTS:

Description
Proposed Ordinance
Planning Commission Resolution PC202216, 20221214 PC Draft Minutes, Staff Report REVIEWERS:

Reviewer Action Date
Sheehan, Meily Approved 1/3/2023 2:17 PM
Feinstein, David Rejected 1/3/2023 10:11 PM
Sheehan, Meily Approved 1/4/2023 1:38 PM
Beavers, Esther Approved 1/4/2023 2:19 PM
Beavers, Esther Approved 1/4/2023 2:20 PM
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CITY OF FAIRFIELD

ORDINANCE NO. 2023-02

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 25.20.3 OF CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING ORDINANCE, TO INCLUDE SECTION 25.20.3.4 SB 9 DEVELOPMENT REGULATIONS AND ASSOCIATED TABLE 25-2.1 RVL AND RL DISTRICT DEVELOPMENT REGULATIONS UNDER SENATE BILL 9

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

SECTION 1. Statement of Intent

A. The City of Fairfield has an adopted Zoning Ordinance to address development, consistent with the Fairfield General Plan and city policy.

B. In 2021, Gavin Newsom signed into law Senate Bill 9 (SB 9) to further address California’s housing shortage and ensure access to affordable housing. SB 9 went into effect on January 1, 2022. This bill requires local agencies to ministerially approve housing projects and urban lot split proposals in single-family residential zones if they meet certain requirements set forth in SB 9. This bill also allows local agencies to impose objective zoning standards, objective subdivision standards, and objective design standards for housing and urban lot split project applications under SB 9, provided that these standards do not conflict with the requirements set in SB 9.

C. On December 14, 2022, the Planning Commission was presented with the revisions to the Zoning Ordinance as contained herein and, after holding a duly noticed public hearing, voted unanimously to recommend that the City Council approve the proposed insertion.

D. The City has held a duly noticed public hearing on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations regarding such.

SECTION 2. Chapter 25, Article I, Section 25.20 Residential Zoning Districts is hereby amended to include Section 25.20.3.4 SB 9 Development Regulations and Table 25-2.1 RVL and RL District Development Regulations Under SB 9 as follows:

25.20.3.4 SB 9 Development Regulations

A. Purpose. Pursuant to Senate Bill No. 9 2021 (SB 9), a residential project shall be granted an administrative permit if the proposed development and/or subdivision meets the specified standards and conditions of SB 9 and meets objective development standards, objective subdivision standards, and objective design standards set by a local agency. Section 25.20.3.4 is provided to specify development, subdivision, and design regulations for housing projects and subdivisions that are eligible under SB 9. Development regulations set forth in this Section are consistent with the City’s vision and design standards for residential districts.

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B. Applicability. Pursuant to SB 9, a housing project shall be approved ministerially if it complies with all of the following:

1. The proposed housing development and/or parcel subdivision is located in a single-family residential zone.

2. The proposed housing development and/or parcel subdivision does not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or very low income.

3. The proposed housing development and/or parcel subdivision does not require demolition or alteration of housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

4. The proposed housing development and/or parcel subdivision do es not require demolition or alteration of housing that has been occupied by a tenant in the last three years.

5. The proposed housing development and/or parcel subdivision does not involve the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

6. The proposed housing development and/or parcel subdivision is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.

7. The proposed housing development and/or parcel subdivision is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

C. Development Regulations. Projects submitted for approval under this section shall demonstrate compliance with the regulations in this Section, including Table 25-2.1.

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Table 25-2.1: RVL and RL District Development Regulations Under SB 9 Regulations Zoning District Applicable
(all figures are minimums measured from property lines and in linear feet, unless otherwise indicated)RVL:40 RVL:20 RVL:15 RL:10 RL:8 Sections and Footnotes
Site Planning
Lot Area (square feet)
Minimum 16,000 8,000 6,000 4,000 3,200
Lot Dimensions (feet)Note 1
Width:Note 2
... interior lot 60 50 45 40 35 Note 12
... corner lot 65 55 50 45 40
Depth 75 65 60 55 50 Note 3
Parking Section 25.34
On-site spaces per dwelling, covered 1 Note 4
Landscaping
Street trees (one tree for each … feet of street frontage)35 25 Note 5 Front yard landscaping installed by developer Not required Buildings
Dwelling Unit Size (square feet)
Minimum 800
Maximum 1800
Maximum Floor Area Ratio 0.25 0.5 0.5 0.5 0.5 Note 10
Setbacks (feet)Note 1
Front:Notes 6, 7, 11
… to habitable portion of bldg. or side entry garage 30 25 20 20 15 … to garage opening directly toward street 35 30 25 25 18 Note 13 Street side yard 4 4 4 4 4 Notes 1, 8
Interior side yard:
… minimum one side 4 4 4 4 4
Rear 4 4 4 4 4 Notes 1, 9
Building Height Limits (maximum)
Main dwelling 18
Accessory Structures See Section 25.20.4.1 Note 9
Roof Pitch Line 3:12
Wall Plane Transparency 33%Note 14
Trim Around Windows and Doors (inches)
Width 3
Depth 0.5
Notes:
(1)
(2)
(3)
(4)
(5)All street-trees shall be located within eight feet of back of sidewalk. (6)
(7)Front setbacks shall be increased by five feet for lots that front on an arterial roadway. (8)
(9)A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback. (10)
(11)
(12)
(13)
(14)
(15)Where the application of regulations in Table 25-2.2 conflicts with Senate Bill 9 (2021), the conflicting regulations shall be modified by the minimum amount required to comply with Senate Bill 9 (2021)
Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on corner lots and lots backing onto a roadway Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street.

Pursuant to Senate Bill 9 (2021), No on-site parking space is required if the parcel is located within one-half mile of a high-quality transit corridor or major transit stop or there is a car share vehicle located within one block of the parcel.

In the RVL:40 , RVL:20, and RVL:15 zoning districts, garages shall not exceed 50 percent of the front elevation for the home; in the RL:10 and RL:8 zoning districts, garages shall not exceed 60 percent of the front elevation for the home Flag lots may have a minimum width of 16 feet for portions of a lot that serve to provide access from a street 30 Transparency shall include windows, glass, or similar features that provide light to habitable areas within the house. This regulation applies only to wall planes that are visible from the public right of way.

For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.

Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).

Lot depth may be reduced by two feet for lots with separated sidewalk at front property line to accommodate wider right-of-way.

Calculate Floor Area Ratio by dividing total square footage of all floors of all non-accessory structures on a lot, including attached garage, by total lot area.

Structures that preexist a subdivision pursuant to Senate Bill 9 (2021) may have a zero foot side and rear setback, but must comply with all applicable public safety regulations at the time of new subdivision

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1. Housing development projects approved under this Section shall meet the following standards:

a. The proposed housing development will not require demolition or alteration of any of the following types of structures:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
iii. Housing that has been occupied by a tenant in the last three years.

b. When a housing project consisting of two units is developed on an existing parcel (i.e., a parcel not created by an urban lot split), up to two accessory dwelling units (ADU) may be added to the parcel under current ADU law.

c. When two parcels are created by an urban lot split, up to two residential units of any kind (including accessory dwelling units and junior accessory dwelling units) may be developed on each of the two new parcels. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

d. When an urban lot split is combined with a housing project development, no ADUs or Junior ADUs are permitted on the new parcels.

2. Subdivision projects approved under this Section shall meet the following standards:

a. A parcel map for an urban lot split shall create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision.

b. The subject parcel to be subdivided as part of an urban lot split project under SB 9 must not have been established through prior exercise of an urban lot split as provided for in SB 9 or this Section.

c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9 or this Section.

3. Utilities for Housing Development Projects and Subdivisions Under SB 9

a. Each separate, legal parcel shall have one (1) public water meter, water service, public sewer cleanout, and sewer service ADU’s shall share water and sewer services with the main residential home/ duplex.

b. Each unit, excluding ADUs, shall have separate public water and sewer service connections to the public utility mains, including separate water meters and sewer Packet Page 393 of 812Attachment 1 Page 4 of 6

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cleanouts. Water services shall have unique addresses, correlated with the unique address assigned to each unit. Water manifolds are not permitted.

c. Shared water and sewer services between separate, legal parcels are not permitted.

d. Utility services for proposed ADUs shall be connected to on -site water and sewer infrastructure and separate utility connections to the public water and sewer mains exclusively for proposed ADUs are not permitted.

e. Parcel maps submitted under SB 9 shall include a 10 foot wide Public Service Easement (PSE) if none already exists along the street frontage.

f. Driveway and Sidewalk Standards for Housing Development Projects Under SB 9:

i. Proposed driveways shall be designed per City Standard Detail except as modified as the requirements in this Section.

ii. Proposed driveway widths, including flares, shall not exceed 45% of the new property line lineal feet along the street.

iii. If the existing driveway is damaged, does not exist, and/or does not meet City standard detail, the developer shall replace any existing driveways with new driveways per current City standards and specifications.

iv. Shared driveways shall be a minimum of 24 feet wide. A reciprocal access and utility easement shall be recorded across shared portions of the proposed parcels.

v. If the existing sidewalk is damaged, does not meet City Standard detail, and/or does not exist, the developer shall replace the sidewalk per City standards and specifications with a minimum width of 4.5 feet or matching the width of any existing sidewalk adjacent to the parcel frontage .

D. General Restrictions.

1. Applicants for an urban lot split are required to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

2. A rental of any unit created pursuant to SB 9 and this Section is required to be for a term longer than 30 days.

3. The City may deny a proposed housing development project if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact on public health and safety or the physical environment.

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SECTION 4. This Ordinance shall be effective 30 days following its adoption by the City Council.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of January, 2023, and

PASSED AND ADOPTED this ___ day of _________________, 2023, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
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City of Fairfield Planning Commission
RESOLUTION NO. PC2022-16

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL OF FAIRFIELD APPROVE AN ORDINANCE AMENDING SECTION 25.20.3 OF CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE, TO INCLUDE NEW SECTION 25.20.3.4 SB 9 DEVELOPMENT REGULATIONS AND ASSOCIATED TABLE 25-2.1 RVL AND RL DISTRICT DEVELOPMENT REGULATIONS UNDER SB 9

THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HEREB Y RECITES, FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

SECTION 1. In 2021, Gavin Newson signed into law Senate Bill 9 (SB 9) to further address California's housing shortage and ensure access to affordable housing. SB 9 went into effect January 1, 2022. This bill requires local agencies to ministerially approve housing projects and urban lot split proposals in single-family residential zones if they meet certain requirements set forth in SB 9.

SECTION 2. The Planning Commission held a duly noticed public hearing on December 14, 2022.

The City staff presented substantial information regarding the proposed Zoning Ordinance amendment in staff reports and through oral presentations before the Commission, and the Planning Commission considered all public testimony and info rmation presented during the public hearing regarding this matter.

SECTION 3. Based on the info rmation contained in the staff report and presented by staff, the co m m issio n ha s d e te rm ined that an ordinance adopted to implement SB 9 shall not be co n sid e re d a pro je ct un d e r th e C alifo rn ia En viro n m e n ta l Q ua lity A ct (C E QA ) and is exempt from C E QA re v ie w pe r G o ve rn m e n t C o d e S e ctio n s 65852.21(j) and 66411. 7(n), which state that the ad o p tio n o f an o rd in a n ce by a city o r co u n ty im p le m e n tin g th e pro v isio n s o f G o v e rn m e nt Code S e ctio n 65 8 5 2 .2 1 an d 66 4 1 1.7 and regulating two-unit development and urban lot split projects are statutorily exempt from the requirements of CEQA . The pro posed text amendments are also separately and independently exempt from CEQA , pursuant to Section 15061(b)(3): Common Sense Exemption, the general rule that CEQA only applies to projects which have the potential fo r cau sin g a sig n ifi ca n t o n th e en viro n m e n t. T h e te xt am endments make changes to clarify ex istin g sta n d ard s an d re q u ire m e nts fo r existin g stru ctu res under State law and regulate minor co n v e rsio n s to existin g stru ctures; these changes will not result in any new substantial physical ch a n g e to th e en v iro n m e n t.

SEC T IO N 4 . B ase d up o n th e in fo rm atio n co n tain e d in th e staff re p o rt an d pre se n te d by staff o n D e ce m b e r 14 , 20 2 2 , th e co m m issio n he re b y fi n d s th at th e pro p o se d am e n d m e n ts to th e te xt o f PC ITEM NO.: C
PC FILE NO.: OA2022-003
S:\Planning\PC Meetings\PC-2022\22-12-14\ITEM C. SB 9 (OA2022-003)\2. Resolution OA2022-003.docx PC DATE: 12/14/2022
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the Zoning Ordinance are consistent with the General Plan and recommends the City Council adopt the Zoning Ordinance am endm ent, as attached here as Exhibit A.

SECTION 5. Based upon the written findings set fo rth in sections 3 and 4 of this Resolution, the comm ission hereby recomm ends co uncil approval of:
(a) Zoning Ordinance Amendm ent (OA2022-003) co ntained in the attached Exhibit "A." SECTION 6. The record of proceedings shall be located at the City's Comm unity Development Department, and the director of comm unity developm ent shall be the custodian of such docum ents.

PASSED AND ADOPTED this 14th day of December, 2022.

AYES: COMMISSIONER S:

NOES: COM MISSIONERS:

ABSTAIN: COM MISSIONERS:

ABSENT: COMMISSIONERS:

Jerome CHILDS (Chair) / Melissa CRUZEN (Vice) / Lerecia EVANS/ Don GREVE/ Chris MATT HEW S/ Shashi PAUL /Tina

W E R B LI N
NbNE.

L
PC ITEM NO.: C
PC FILE NO.: OA2022-003
S:\Planning\PC Meetings\PC-2022\22-12-14\ITEM C. SB 9 (OA2022-003)\2. Resolution OA2022-003.docx PC DATE: 12/14/2022
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EXHIBIT A
DRAFT

CITY OF FAIRFIELD
ORDINANCE NO. 2023-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 25.20.3 OF CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING ORDINANCE, TO INCLUDE SECT ION 25.20.3.4 SB 9 DEVELOPMENT REGULA TIONS AND ASSOCIATED TABLE 25-2.1 RVL AND RL DISTRICT DEVELOPMENT REGULA TIONS UNDER SB 9 THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Statement of Intent
A. The City of Fairfield has an adopted Zoning Ordinance to address development, consistent with the Fairfield General Plan and city policy.

B. In 2021, Gavin Newson signed into law Senate Bill 9 (SB 9) to further address California's housing shortage and ensure access to affordable housing. SB 9 went into effect on January 1, 2022. This bill requires local agencies to ministerially approve housing projects and urban lot split proposals in single-family residential zones if they meet certain requirements set forth in SB 9. This bill also allows local agencies to impose objective zo ning standards, objective subdivision standards, and objective design standards for housing and urban lot split project applications under SB 9, provided that these standards for do not conflict with the requirements set in SB 9.

C. On December 14, 2022, the Planning Commission was presented with the revisions to the Zoning Ordinance as contained herein and, after holding a duly noticed public hearing, voted to recommend that the City Council approve the proposed insertion.

D. The City has held a duly noticed public hearing on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations regarding such.

25.20.3.4 SB 9 Development Regulations
A. Purpose. Pursuant to Senate Bill No. 9 2021 (SB 9), a residential project shall be granted an administrative permit if the proposed development and/or subdivision meets the specified standards and conditions of SB 9 and meets objective development standards, objective subdivision standards, and objective design standards set by a local agency. Section 25.20.3.4 is pro vided to specify development, subdivision, and design regulations for housing projects and PC ITEM NO.: C
PC FILE NO.: OA2022-003
S:\Planning\PC Meetings\PC-2022\22-12-14\ITEM C. SB 9 (OA2022-003)\3. Ordinance OA2022-003 .docx PC DATE: 12/14/2022
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subdivisions that are eligible under SB 9. Development regulations set forth in this Section are co n siste n t w ith th e C ity's visio n an d d e sig n stan d a rd s fo r re sid ential districts.

B. Applicability. Pu rsu a n t to SB 9, a ho u sin g pro je ct sh a ll be ap p roved ministerially if it co m p lie s w ith all o f th e fo llo w in g :

1. T h e pro p o se d ho u sin g de v e lo p m e n t an d /o r pa rcel subdivision is located in a single-family residential zone.

2. T h e pro p o se d housing development and/or parcel subdivision does not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or ve ry lo w income.

4. The pro posed housing development and/or parcel subdivision does not require de molition or alteration of housing that has been occupied by a tenant in the last three years.

5. The pro posed housing development and/or parcel subdivision does not involve the demolition of more than 25% of the existing exterior structural walls, unless the site has no t be e n o ccu p ie d by a tenant in the last three years.

6. T h e pro p o se d ho u sin g de v e lo p m e n t an d /o r pa rce l su b d iv isio n is lo cate d w ith in a ci ty, th e bo u n d a rie s of w h ich in cl u d e so m e po rt io n of eith e r an urb a n ize d are a o r urb a n cl uster, as d e sig n ate d by th e U n ite d State s C e n su s Bu rea u .

7. T h e pro p o se d ho u sin g de ve lo p m e n t an d /o r pa rce l su b d iv isio n is no t lo cate d w ith in a histo ric district, is no t in cl u d e d o n th e S tate H isto ric R e so u rce s In v e n to ry, o r is no t w ith in a site th at is le g ally de sig n a te d o r liste d as a city o r co u n ty la n d m a rk o r histo ric pro p e rt y o r d istrict.

C. Development Regulations. Pro je cts su b m itt e d fo r ap p ro v a l un d e r th is se ctio n sh a ll de m o n strate co m p lia n ce w ith th e re g u latio n s in th is Se ctio n , in cl u d in g T ab le 25 -2 .1 PC ITEM NO.: C
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T a b le 25 -2 .1 : R V L an d R L D is tric t D ev elo p m e n t R e g u la tio n s U n d e r S B 9 Regulations Zoning District Applicable
(all figures are minimums measured from property lines and in RVL:40 RVL:20 RVL:15 RL:10 RL:S Sections and linear feet. unless otherwise indicated) Footnotes
Site Planning
Lot Area (square feet)
Minimum 16,000 8,000 6,000 4,000 3,200
Lot Dimensions (feet) Note 1
Width: Note 2
... interior lot 60 50 45 40 35 Note 12
... corner lot 65 55 50 45 40
Depth 75 65 60 55 50 Note 3
Parking Section 25. 34
On-site spaces per dwelling, covered 1 Note 4
Landscaping
Street trees (one tree for each ... feet of street frontage) 35 30 25 Note 5 Front yard landscaping installed by developer Not required Buildings
Dwelling Unit Size (square feet)
Minimum 800
Maximum 1800
Maximum Floor Area Ratio 0.25 I 0.5 I 0.5 I 0.5 0.5 Note 10 Setbacks (feet) Note 1
Front: Notes 6, 7, 11
... to habitable portion of bldg. or side entry garage 30 I 25 I 20 I 20 I 15 ... to garage opening directly toward street 35 I 30 I 25 I 25 I 18 Note 13 Street side yard 4 I 4 I 4 I 4 I 4 Notes 1, 8
Interior side yard:
... minimum one side 4 I 4 I 4 I 4 I 4
Rear 4 I 4 I 4 I 4 I 4 Notes 1, 9
Building Height Limits (maximum)
Main dwelling 18
Accessory Structures See Section 25.20.4.1 Note 9
Roof Pitch Line 3:12
Wall Plane Transparency 33% Note 14
Trim Around Windows and Doors (inches)
Width 3
Depth 0.5
Notes:
(1) Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on corner lots and lots backing onto a roadway (2) Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).
(3) Lot depth may be reduced by two feet for lots with separated sidewalk at front property line to accommodate wider right-of-way. (4) Pursuant to Senate Bill 9 (2021), No on-site parking space is required if the parcel is located within one-half mile of a high-quality transit corridor or major transit stop or there is a car share vehicle located within one block of the parcel. (5) All street-trees shall be located within eight feet of back of sidewalk. (6) Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street. (7) Front setbacks shall be increased by five feet for lots that front on an arterial roadway. (8) For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.
(9) A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback. (1 O ) Calculate Floor Area Ratio by dividing total square footage of all floors of all non-accessory structures on a lot, including attached garage, by total lot area.
(11) Structures that preexist a subdivision pursuant to Senate Bill 9 (2021) may have a zero foot side and rear setback, but must comply with all applicable public safety regulations at the time of new subdivision (12) Flag lots may have a minimum width of 16 feet for portions of a lot that serve to provide access from a street (13) In the RVL:40, RVL:20, and RVL:15 zoning districts, garages shall not exceed 50 percent of the front elevation for the home; in the RL:10 and RL:8 zoning districts, garages shall not exceed 60 percent of the front elevation for the home (14) Transparency shall include windows, glass, or similar features that provide light to habitable areas within the house. This regulation applies only to wall plans that are visible from the public right of way. (15) Where the application of regulations in Table 25-2.2 conflicts with Senate Bill 9 (2021 ), the conflicting regulations shall be modified by the minimum amount required to comply with Senate Bill 9 (2021)
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1. Housing development projects approved under this Section shall meet the following standards:
a. The proposed housing development will not require demolition or alteration of any of the following types of structures:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
iii. Housing that has been occupied by a tenant in the last three years. b. When a housing project consisting of two units is developed on an existing parcel (i.e., a parcel not created by an urban lot split), up to two accessory dwelling units (ADU) may be added to the parcel under current ADU law. c. When two parcels are created by an urban lot split, up to two residential units of any kind (including accessory dwelling units and junior accessory dwelling units) may be developed on each of the two new parcels. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. d. When an urban lot split is combined with a housing project development, no ADUs or Junior ADUs are permitted on the new parcels.

2. Subdivision projects approved under this Section shall meet the following standards:
a. A parcel map for an urban lot split shall create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. b. The subject parcel to be subdivided as part of an urban lot split project under SB 9 must not have been established through prior exercise of an urban lot split as provided for in SB 9 or this Section.
c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9 or this Section.

3. Utilities for Housing Development Projects and Subdivisions Under SB 9 a. Each separate, legal parcel shall have one (1) public water meter, water service, public sewer cleanout, and sewer service ADU's shall share water and sewer services with the main residential home/ duplex.

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b. Each unit, excluding ADUs, shall have separate public water and sewer service connections to the public utility mains, including separate water meters and sewer cleanouts. Water services shall have unique addresses, correlated with the unique address assigned to each unit. Water manifo lds are not permitted. c. Shared water and sewer services between separate, legal parcels are not permitted.
d. Utility services for pro posed ADUs shall be connected to on-site water and sewer infrastructure and separate utility connections to the public water and sewer mains exclusively for proposed AD Us are not permitted. e. Parcel maps submitted under SB 9 shall include a 10' wide Public Service Easement (PSE) if none already exists along the street frontage. f. Driveway and Sidewalk Standards for Housing Development Projects Under SB 9 i. Proposed driveways shall be designed per City Standard Detail except as modified as the requirements in this Section.
ii. Proposed driveway widths, including flares, shall not exceed 45% of the new property line lineal feet along the street.
iii. If the existing driveway is damaged, does not exist, and/or does not meet C ity sta n d a rd de tail, th e de v e lo per shall replace any existing driveways w ith ne w d riv ew ay s pe r cu rre n t C ity sta ndards and specifications. iv . Sh a re d d riv e w ay s sh a ll be a m in im u m of 24-feet wide. A reciprocal access an d utility ease m e n t sh a ll be re co rd e d across shared portions of the proposed parcels.
v. If the existing sidewalk is damaged, does not meet City Standard detail, an d /o r do e s no t exist, de v e lo p er shall replace the sidewalk per City sta n d a rd s an d sp e cifi catio n s w ith a minimum width of 4.5 feet or matching th e w id th of an y existin g sid ewalk adjacent to the parcel frontage.

D . G e n e ra l R e stric tio n s.

1. A p p lica n ts fo r an urb a n lo t sp lit are required to sign an affidavit stating that the ap p lica n t in te n d s to o ccu p y o n e of th e ho u sin g un its as th eir principal residence for a m in im u m o f th re e ye a rs fr o m th e date of ap p ro v al o f th e urb a n lo t sp lit.

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O R D . N O . 2 0 2 3 -_
P a g e 6
2 . A re n ta l o f a n y u n it cre a te d p u rs u a n t to S B 9 a n d th is Se ctio n is re q u ire d to b e fo r a te rm lo n g e r th a n 3 0 d a y s.
3 . T h e C ity m a y d e n y a p ro p o se d h o u sin g d e v e lo p m e n t p ro je ct if th e b u ild in g o ff ici a l m a k e s a w ritt e n fi n d in g th a t th e p ro p o se d h o u sin g d e v e lo p m e n t p ro je ct w o u ld h a v e a sp e ci fi c , a d v e rs e im p a ct u p o n p u b lic h e a lth a n d sa fe ty o r th e p h y s ic a l e n v iro n m e n t.

S E C T IO N 3 . T h e c o u n c il h e re b y m a k e s th e fo ll o w in g fi n d in g p u rsu a n t to th e C a lifo rn ia E n v iro n m e n ta l Q u a lity A ct (C E QA ): b a se d o n th e in fo rm a tio n c o n ta in e d in th e sta ff re p o rt a n d p re s e n te d b y sta ff , th e c o u n c il h a s d e te rm in e d th a t a n o rd in a n c e ad o p te d to im p le m e n t S B 9 sh a ll n o t b e c o n s id e re d a p ro je ct u n d e r th e C E QA a n d is e x e m p t fr o m C E QA re v ie w p e r G o v e rn m e n t C o d e Se c tio n s 6 5 8 5 2 .2 1 0) a n d 6 6 4 1 1.7 (n ), w h ic h sta te th a t th e ad o p tio n o f an o rd in a n c e b y a ci ty o r c o u n ty im p le m e n tin g th e p ro v isio n s o f G o v e rn m e n t C o d e Se ctio n 6 5 8 5 2 .2 1 a n d 6 6 4 1 1.7 a n d re g u la tin g tw o -u n it d e v e lo p m e n t a n d u rb a n lo t sp lit p ro je cts are sta tu to rily e x e m p t fr o m th e re q u ire m e n ts o f C E QA . T h e p ro p o se d te xt am e n d m e n ts are also se p a rate ly an d in d e p e n d e n tly e x e m p t fr o m C E Q A , p u rs u a n t to S e ctio n 1 5 0 6 1 {b )(3 ): C o m m o n Se n se E x e m p tio n , th e g e n e ra l ru le th a t C E QA o n ly a p p lie s to p ro je cts w h ic h h a v e th e p o te n tia l fo r ca u sin g a sig n ifi c a n t o n th e e n v iro n m e n t. T h e te x t a m e n d m e n ts m a k e ch a n g e s to cl a rify e x istin g sta n d a rd s a n d re q u ire m e n ts fo r e x istin g stru ctu re s u n d e r S ta te la w an d re g u la te m in o r co n v e rsio n s to e x is tin g stru ctu re s th e s e ch a n g e s w ill n o t re su lt in a n y n e w su b sta n tia l p h y sic a l ch a n g e to th e e n v iro n m e n t.

S E C T IO N 4 . T h is O rd in a n c e sh a ll b e e ff e ctiv e 3 0 d a y s fo ll o w in g its ad o p tio n b y th e C ity C o u n c il.

A su m m a ry o f th is O rd in a n c e sh a ll , w ith in fi ft e e n (1 5 ) d a y s aft e r p a ssa g e , b e p u b lish e d in a c co rd a n c e w ith Se ctio n 3 6 9 3 3 o f th e G o v e rn m e n t C o d e o ft h e S ta te o f C a lifo rn ia w ith th e n a m e s o f th e C ity C o u n c il m e m b e rs v o tin g fo r a n d ag a in st it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the __ day of _________ _,2023,and
PASSED AND ADOPTED this_ day of _, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers: _
Councilmembers: ------,--------------------
Councilmembers: _
Councilmembers: _
MAYOR
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A T T ES T :

C IT Y C LER K
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CITY OF FAIRFIELD

PLANNING COMMISSION

MINUTES
DECEMBER 14, 2022

REGULAR MEETING
6:00 P.M.

I.ROLL CALL

Present: Chairperson CHILDS, Jerome
Commissioner GREVE, Don
Commissioner MATTHEWS, Chris
Commissioner PAUL, Shashi
Commissioner WERBLIN, Tina
Vice-Chairperson CRUZEN, Melissa
Commissioner EVANS, Lerecia

Absent: None.

II.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice-Chairperson Cruzen.

III.INFORMATION ON SPEAKER CARDS
IV.APPROVAL OF AGENDA
Vice-Chairperson Cruzen made a motion to approve the agenda as submitted. The motion was seconded by Commissioner Evans. The motion was approved unanimously by roll call vote.

V.APPROVAL OF MINUTES OF NOVEMBER 9,2022
Vice-Chairperson Cruzen motioned to approve the Minutes for the Planning Commission’s November 9, 2022,meeting. The motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote.

VI.PUBLIC COMMENTS
No persons spoke during public comments.

VII.SCHEDULED MATTERS

ITEM A HOMELESS STRATEGY PRESENTATION
Interim City Manager David Gassaway made a presentation on the item and answered questions.

ITEM B ZONING ORDINANCE AMENDMENT TO CONDITIONALLY PERMIT CHILD

DAYCARE IN THE CS ZONE
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RESOLUTION PC2022-15

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF FAIRFIELD, TABLE 25-9 UNDER SECTION 25.22,

COMMERCIAL ZONING DISTRICTS, TO ALLOW CHILD DAYCARE CENTERS AS A CONDITIONALLY

PERMITTED USE IN THE SERVICE COMMERCIAL (CS) ZONING DISTRICT

Junior Planner Yee-Lynn Wong made a presentation on the item and answered questions. Interim Planning Division Manager Meily Sheehan also answered questions on the item.

Vice-Chairperson Cruzen motioned to approve Resolution PC2022-15; the motion was seconded by Commissioner Werblin. The motion was approved unanimously by roll call vote.

ITEM C STATE BILL 9 (SB 9)

RESOLUTION PC2022-16

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF FAIRFIELD APPROVE AN ORDINANCE AMENDING SECTION 25.20.3 OF CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE, TO INCLUDE NEW SECTION 25.20.3.4 SB 9 DEVELOPMENT REGULATIONS AND ASSOCIATED TABLE 25-2.1 RVL AND RL DISTRICT DEVELOPMENT REGULATIONS UNDER SB 9

Junior Planner Yee-Lynn Wong made a presentation on the item and answered questions.

No person spoke during the public comment period.

Chairperson Childs motioned to approve Resolution PC2022-16; the motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote.

VIII. INFORMATION AND COMMUNICATIONS

ITEM A DIRECTOR’S REPORT AND COMMISSIONER’S COMMENTS

Ms. Sheehan provided an update on upcoming agenda items and the upcoming Housing Element.

Commissioners request a presentation with FAST Transit.

IX. ADJOURNMENT TO NEXT MEETING OF DECEMBER 28, 2022

Respectfully submitted,

MEILY M SHEEHAN
Planning Commission Secretary
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S T A F F R E P O R T
M e e tin g
D ate :

T o :

Fro m :

Su b je ct:

D e ce m b e r 14 , 20 2 2
Ch a irp e rso n an d M e m be rs o f th e Plan n in g Com m issio n C o m m u n ity D e v e lo p m e n t De p art m e nt
IT E M C : ST A T E B ILL 9 {S B 9 ) ZO N IN G O R D IN A N C E U P D A T E R e so lu tio n N o . PC 2 0 2 2 - 16
O rd in a n ce A m e n d m e n t (O A 2 02 2 -0 0 3 )
Lo catio n : C ityw id e
A p p lic a n t: C ity o f Fa irfie ld
O w n e r: N/A
P u b lic he a rin g o n th e re q u e st by th e C ity of Fairfie ld fo r Zon in g O rd in an ce am e n d m e n ts to Se ctio n 25.2 0 .3.4 to in cl u de Se n ate Bill 9 (SB 9) D eve lop m e nt R e g u latio n s, pro v id in g gu id e lin e s an d o b je ctiv e de velo p m e nt reg u lation s fo r ho u sin g p ro je cts an d su b d ivisio n s th at qualify un de r SB 9 an d fa ci litatin g th e m in iste ria l ap p ro v al pro ce ss fo r th e se ap plicatio n s T his O rd in a n ce is exe m p t fr om th e C alifo rn ia En viro n m e n tal Q u a lity A ct (C E QA ) pu rsu an t to (1 ) G o ve rn m e nt C od e Se ctio n 65 8 5 2 .2 1 0 ) as an actio n to im ple m ent G overn m e nt C o d e Se ction 6 5 8 5 2 .2 1 an d (2 ) G o v e rn m e n t C o d e Se ctio n 664 11.7(n ) as an actio n to im ple m ent G o ve rn m e n t C o d e Se ction 66 41 1.7. Fu rth e rm o re, th e te xt am e n dm e nts are exe m p t pe r Se ctio n 15 06 1 {b )(3 ) Co m m on Se n se Exe m p tio n . (Pla n n e r: Yee -Lyn n W o n g , (7 0 7 ) 4 2 8 -7 4 4 9 , yw on g @ fa irfie ld.ca.g o v )

BA C K G R O U N D /D IS C U SS IO N
In 20 2 1 , G a v in N e w so n sig n e d in to law Se n ate B ill 9 {SB 9) to furt h e r ad d ress C alifo rn ia's ho u sin g sh o rtag e an d en co u rag e acce ss to aff o rd a b le ho usin g . SB 9 w e nt in to eff ect o n Janu a ry 1, 202 2 .

T h is bill re q u ire s lo cal ag e n cie s to m in iste ria lly ap p ro v e ho u sin g pro je cts, an d urb an lo t sp lit pro p o sals in to sin g le -fa m ily re sid e n tia l zon e s if the y m e e t certain req u irem e nts set fo rt h in SB 9.

T h e b ill co m p rise s tw o pa rts, a ho u sin g de ve lo p m e nt po rtion , an d an urban lo t sp lit po rtion . The b ill also allo w s lo cal ag e n cie s to im p ose o b je ctiv e zon in g , su b divisio n, an d de sig n stan dards fo r ho u sin g d e v e lo p m e n t an d urb a n lo t sp lit pro je ct ap p licatio n s, pro vid e d th at th ese stan d a rd s do no t co n fl ict w ith th e re q u ire m e n ts se t by th e bill.

Lo cal ag e n cie s m a y im p o se o bje ctiv e zo n in g stan d a rd s an d o bje ctive de sig n stan dards fo r p ro p o se d ho u sin g d e ve lo p m e n ts elig ible un d e r SB 9, pro vid e d th at th e stan d ard s do not precl u d e th e co n stru ctio n o f up to tw o un its o f at le ast 80 0 sq u are feet in floor area. A m axim um fo u r-fo o t setb a ck m a y be re q u ired alo n g th e sid e an d re ar lo t lin e s; no setb ack sh all be req uired fo r an existin g stru ctu re o r a stru ctu re co n stru cte d in th e sam e lo catio n .

C ity of F airfield
C om m u nity D evelopm en t Departm en t
Prepared by: ill
Reviewed by: ,.Af1_
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Similarly, local agencies may impose objective subdivision standards for proposed urban lot splits elig ib le un d e r SB 9, pro v id e d th at th e stan d a rd s do no t p re cl u d e th e co n stru ctio n of two units on e ith e r of th e re su ltin g pa rce ls o r resu lt in a un it size of le ss th a n 8 0 0 sq u a re fee t. Fu rt h e rm o re , pro p o se d urb a n lo t sp lits can n o t re su lt in tw o pa rce ls w h e re o n e pa rce l is sm a lle r th an 40 pe rce n t o f th e lo t are a o f th e o rig in a l pa rce l, an d th e ne w ly cre ate d pa rce ls are re q u ire d to be no sm a lle r th a n 1,2 0 0 sq u a re fe e t.

T h e staff has pre p a re d an am e n d m e n t to th e Zo n in g O rd in a n ce to in cl u d e th e pro p o se d S e ctio n 25 .2 0 .3 .4 SB 9 Development Regulations to im p o se o b je ctive de v e lo p m e n t stan d a rd s th at are co n siste n t w ith S B 9 an d fa ci litate ho u sin g de ve lo p m e n t an d urb a n lo t sp lits un d e r th e pa ram e te rs of th e b ill. A t th is m e e tin g , staff asks th e Pla n n in g C o m m issio n to re v ie w th e p ro p o se d am e n d m e n t to th e Zo n in g O rd in a n ce an d re co m m e n d ad o p tio n by th e C ity C o u n cil.

A N A LYS IS FO R P LA N N IN G C O M M ISSIO N
A. Zoning Ordinance Amendments
S taff p ro p o se s th e in se rtio n o f a ne w se ctio n de d icate d to SB 9 re g u latio n s, S e ctio n 25 .2 0 .3 .4 SB 9 Development Regulations (S e ctio n ) an d T ab le 25 -2 .1 : RVL and RL District Development Regulations Under SB 9 (T a b le ) un d e r S e ctio n 25 .2 0 .3 Developm ent Regulations of th e Zo n in g O rd in a n ce . T h e S e ctio n an d th e T ab le p ro v id e o b je ctiv e de ve lo p m e n t, su b d iv isio n , an d de sig n sta n d a rd s fo r su b d iv isio n s an d resid e n tia l stru ctu re ap p licatio n s su b m itt e d un d e r SB 9 .

25.20.3.4 SB 9 DEVELOPMENT REGULATIONS

1. Add 25.20.3.4 A. Purpose
Se ctio n 25 .3 0 .3 .4 A. Purpose pro v id e s co n te xt fo r th e re g u latio n s se t fo rt h in th is se ctio n .

2. Add 25.20.3.4 B. Applicability
Se ctio n 25 .3 0 .3 .4 B. Applicability pro v id e s elig ib ility re q u ire m e n ts fo r ho u sin g pro je ct ap p licatio n un d e r S B 9 . Ite m s 1-7 in th is su b se ctio n co m p ly w ith th e sp e ci fi e d stan d a rd s an d co n d itio n s in S B 9 .

3. Add 25.20.3.4 C. Development Regulations
Se ctio n 25 .3 0 .3 .4 C. Development Regulations p ro v id e s re g u latio n s an d sta n d a rd s th at all S B 9 ho u sin g pro je ct ap p licatio n s m u st co m p ly w ith in o rd e r to be m in iste ria lly ap p ro v e d by th e C ity . T h e T ab le pro v id e s th e se re g u latio n s base d o n th e zo n in g district o f th e su b je ct pa rce l. T h e fo llo w in g parag rap h s p ro v id e de tail o n each re g u latio n cate g o ry liste d in th e T ab le .

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T h e T a b le p ro v id e s re g u la tio n s o n th e fo llo w in g site p la n n in g e le m e n ts: m in im u m lo t are a , m in im u m lo t d im e n sio n s, re q u ire d p a rk in g , an d la n d sca p in g re q u ire m e n ts. C ity sta ff d e te rm in e d m in im u m a n d m a x im u m va lu e s b a se d o n th e ex istin g d e v e lo p m e n t re g u la tio n s o f th e su b je ct zo n in g d e sig n a tio n a n d sp e c ifi c sta n d a rd s an d co n d itio n s se t fo rth b y S B 9 . 1 ) L o t A re a a n d Lo t D im e n sio n s:

T h e m in im u m lo t a re a a n d lo t d im e n sio n s fo r e a c h o f th e zo n in g d e sig n a tio n s in th e ta b le d o n o t p re cl u d e th e lo ts fr o m th e co n stru c tio n o f tw o 8 0 0 -sq u a re -fo o t u n its, as re q u ire d b y S B 9 . T h e m in im u m lo t size s w e re c a lc u la te d b y ta k in g 4 0 p e rce n t o f th e ex istin g lo t a re a m in im u m s o f e a c h zo n in g d e sig n a tio n . Lo t d im e n sio n s are se t to 5 0 p e rc e n t o f th e e x is tin g lo t a re a d im e n sio n s o f e a c h o f th e zo n in g d e sig n a tio n s. N o te 1 an d N o te 2 se t m e a su re m e n t sta n d a rd s. N o te 3 a llo w s fo r a 2 -fo o t lo t d e p th re d u c tio n fo r lo ts w ith a s e p a ra te d sid e w a lk a t th e fr o n t p ro p e rty lin e to ac co m m o d a te a w id e r rig h t-o f-w a y . N o te 1 2 a ll o w s p ro p o s e d "fl a g lo ts " to h a v e a m in im u m w id th o f 16 fe e t fo r p o rtio n s o f th e lo t th a t p ro v id e stre e t a c ce ss.
2 ) P a rk in g :

A s sp e cifi e d in S B 9 , o n e c o v e re d o n -s ite p a rk in g sp a c e is re q u ire d p e r d w e ll in g , u n le ss th e d w e ll in g is w ith in o n e -h a lf m ile o f a h ig h -q u a lity tra n sit co rrid o r o r m a jo r tra n sit sto p o r th e re is a c a r sh a re v e h icl e lo c a te d w ith in o n e b lo c k o f th e p a rce l. 3 ) L a n d s ca p in g :

O n e stre e t tre e is re q u ire d fo r e a c h 3 5 fe e t o f stre e t fr o n ta g e in th e R V L : 4 0 an d R V L: 20 zo n e s , fo r e a c h 3 0 fe e t in th e R V L : 15 an d R V L : 10 zo n e s , a n d fo r e a c h 2 5 fe e t in th e R L:
8 zo n e . N o te 8 sp e ci fi e s th a t a ll stre e t tre e s sh a ll b e lo c a te d w ith in e ig h t fe e t o f th e b a c k o f th e sid e w a lk . N o fr o n t ya rd la n d sca p in g is re q u ire d to b e in sta ll e d b y th e d e v e lo p e r.

T h e T a b le a lso p ro v id e s re g u la tio n s o n th e fo llo w in g b u ild in g e le m e n ts: m in im u m an d m a x im u m d w e ll in g u n it size , m a x im u m fl o o r a re a ra tio , se tb a c k s, m a x im u m b u ild in g h e ig h t lim it, ro o f p itc h lin e , w a ll p la n e tra n sp a re n c y , a n d w in d o w an d d o o r trim . C ity sta ff d e te rm in e d m in im u m a n d m a x im u m v a lu e s b a se d o n th e e x istin g d e v e lo p m e n t re g u la tio n s o f th e su b je ct zo n in g d e sig n a tio n s a n d sp e ci fi c sta n d a rd s an d co n d itio n s se t fo rth b y S B 9 . 1 ) D w e ll in g U n it S ize :

T h e m in im u m d w e ll in g u n it size id e n tifi e d c o m p lie s w ith S B 9 's re q u ire m e n t th a t e a c h u n it m u s t b e at le a st 8 0 0 sq u a re fe e t in a re a . T h e 18 0 0 sq u a re fo o t m a x im u m d w e llin g u n it size is se t to e n c o u ra g e h o u sin g p ro je cts u n d e r S B 9 to b e aff o rd a b le as in te n d e d w ith th e b ill.
2 ) F lo o r A re a R a tio :

T h e m a x im u m fl o o r a re a ra tio re m a in s th e sa m e as th a t o f th e e x istin g zo n in g d e sig n a tio n s th a t th e ta b le co v e rs. N o te 1 0 sp e c ifi e s h o w to ca lc u la te fl o o r are a ra tio .

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3} Se tb a cks:

Se tb acks fo r th e stre e t sid e yard , in te rior sid e yard, an d re ar yard com ply w ith SB 9's se tb a ck re q u ire m e n t th at th e C ity m ay o n ly req u ire setb acks up to fo u r feet fr o m sid e an d rea r lo t lin e s. T h e fr o n t setb acks re m ain th e sam e as th at of th e existin g zo n in g de sig n atio n s th at th e ta b le co ve rs. N o te 6 an d N o te 7 pro vid e fr o n t setb ack varian ces fo r lo ts w ith a se p a rate d sid e w alk an d lo ts th at fr ont o n an art e rial ro ad w ay; th e se no te s are th e sa m e as th e no te s o n existin g de v e lo p m e nt regu latio n table s fo r th e app licable zo n in g de sig n atio n s. N o te 8 an d N o te 9 pro vide m in im um setb acks betw ee n garag es an d stre e t-sid e p ro p e rt y lin e s; th e se notes are th e sam e as th e notes o n existin g de v e lo p m e n t re g u latio n table s fo r th e app licable zo n in g de sig n ation s. N o te 11 refl e cts an SB 9 co n d itio n th a t allo w s fo r ze ro fo o t sid e an d rear setb ack fo r structu res th at pre e xist a su b d ivisio n pu rsu a n t to SB 9 . N ote 13 sets m axim u m pe rce ntag es fo r how m u ch of th e fr o n t ele v atio n can co n sist of a garag e . 4 } B u ild in g H e ig h t Li m its:

T h e 18 -fo o t m ax im u m bu ild in g he ig ht lim it is set to allo w on e -story ho m e s, to en co u rag e affo rd a b ility .
5} R o o f P itch Li n e , W all Pla n e T ran sp a re n cy, W in d o w an d Door T rim :

C o n siste n t w ith th e de sig n of re sid e ntia l un its th ro ug ho u t th e C ity, th e bu ild in g d e v e lo p m e n t re g u latio n s ta b le in cl u d e s reg u lation s fo r ro of pitch lin e , w all plan e tran sp a re n cy, an d trim aro u n d w in d ow s an d doors. A 3:1 2 ro o f pitch lin e m atch e s m a n y o f th e existin g ro o f pitch lin e s in Fa irfi e ld ne ig h b o rhoo d s. W all plan e tran sp are n cy, de fi n e d in N o te 14 , p re v e n ts th e de ve lopm e n t of structu res w ith sp arse natu ral lig ht, an d th e w in d o w an d do o r trim re g u lation creates visu a l inte rest. T he se de sig n stan d a rd s en su re ho u sin g de v e lo p m e n t pro je cts un de r SB 9 pro vid e qu a lity de sig n an d ble n d ha rm o n io u sly w ith th e existin g ne ig h b o rhood.

4. Add 25.20.3.4 D. General Restrictions
Se ctio n 25 .3 0 .3 .4 D . G enera l Restrictions pro v ide s reg u latio n s fo r th e usag e of resid e n tial un its cre ate d p u rsu a n t to SB 9 an d state s th e C ity's au tho rity to de n y pro je cts th at have sp e cifi c, ad v e rse im p acts as fo u n d by th e C h ie f B u ild in g O ff icial.

B. Environm ental Review
A n o rd in a n ce ad o p te d to im p le m e n t SB 9 sh a ll no t be con sid e red a pro je ct un d er th e C alifo rn ia E n viro n m e n ta l Q ua lity A ct (C E QA } an d is exe m p t fr om C EQA revie w pe r G o ve rn m e nt C o d e S e ctio n s 6 5 8 5 2 .2 1 (j} an d 6 6 4 11 .7 (n }, w h ich state th at th e ad op tio n of an o rd in a n ce by a city o r co u n ty im p le m e n tin g th e p ro v isio n s of G o v e rn m ent C o d e Se ctio n 65 85 2 .21 an d 66 4 1 1.7 an d re g u latin g tw o -u n it de ve lo p m e n t an d urb a n lo t sp lit proje cts are statu torily exe m p t fr o m th e re q u ire m e n ts o f C E QA . T h e pro p o se d te xt am e n d m ents are also se p arate ly an d in d e p e n de ntly ex e m p t fr o m C E QA , pu rsu a n t to Se ction 15 0 6 1 (b }(3 ): C om m o n Se n se Exe m p tion, th e gen e ral ru le PC ITEM NO.: C
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th a t C EQA o n ly ap p lie s to pro je cts w h ich ha v e th e po ten tial fo r cau sin g a sig n ifi can t on th e en viro n m e n t. T h e te xt am e n d m e n ts m a k e ch a n g es to cl arify existin g stan d ard s an d req u ire m e nts fo r existin g stru ctu re s un d e r State law an d reg ulate m ino r co n ve rsion s to existin g structu res; th e se ch a n g e s w ill no t re su lt in an y ne w su b sta ntial ph ysical cha n g e to th e enviro n m e nt.

R EC O M M E N D A T IO N
S taff re co m m e n d s th at th e Pla n nin g C om m issio n adop t Re solutio n N o . PC 2022 -16 , re co m m e n d in g th e C ity C o u n cil ap p ro ve s th e Zon in g O rd in an ce Am e n dm e nt req u e st.

A tt a ch m e n ts:

1. P la n n in g C o m m issio n Re so lu tio n N o . PC 20 2 2 -1 6 w ith att ach e d:
• Exh ib it A - D raft O rd in a n ce fo r S B 9 Zon in g O rd in an ce A m e n d m e n t PC ITEM NO.: C PC DATE: 12/14/2022
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Agenda Item No: 13.

AGENDA REPORT
DATE:January 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 202307 of the City Council of the City of Fairfield Adopting a Specific Plan Amendment (SP2022002) for the Heart of Fairfield Plan to Redesignate Parcels at 601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280) from Community Commercial (CC) to Mixed Use West Texas (MUWTS); and
First Reading and Introduction of Ordinance 202303 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code, also Known as the Zoning Ordinance, to Adjust Land Use Regulations and Development Standards in Alignment with the Goals and Objectives of the Heart of Fairfield Plan; Correcting the Description of the West Texas Street (HWT) District; Adjusting Permit Requirement Thresholds for Heart of Fairfield Plan Zoning Districts; Creating Definitions for Amenity Zone, Activity Zone, and Transparency; and Amending Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Map, Rezoning a Parcel at 1100 Texas Street (APN: 0030174080) from Public Facilities (PF) District – Downtown Area Parking (P1) Overlay District To Downtown (HD) District – Downtown Area Parking (P1) Overlay District, and Parcels at 601 Beck Avenue (APN: 0028920 300), 649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920 280) from Community Commercial (CC) District To HWT District; and First Reading and Introduction of Ordinance 202304 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the Fairfield Municipal Code, also Known as the Zoning Ordinance, to Address New Issues, Correct Typographical Errors, Make Minor Organizational Revisions, Clarify Language, Bring the Zoning Ordinance into Closer Alignment with General Plan Goals, Objectives, and Policies; and Bring the Zoning Ordinance into Full Compliance with State Law RECOMMENDED ACTION
Hold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinances Packet Page 412 of 812

STATEMENT OF ISSUE
City staff has found it necessary to periodically review and recommend amendments to the Zoning Ordinance and Zoning Map. These amendments are necessary to ensure that the Zoning Ordinance is consistent with zoning and land use best practices, California State law, City policy goals, the Fairfield General Plan, and adopted specific plan goals and objectives. Additionally, these amendments also serve as an annual cleanup of inadvertent errors and omissions in the Zoning Ordinance. Finally, these amendments also include a formal request from Ken Stewart to allow child daycare centers in the Service Commercial (CS) District with a Conditional Use Permit.

In May 2017, the City Council adopted the Heart of Fairfield Plan (Plan) establishing a longterm vision through 2040 for the revitalization of Downtown Fairfield, the West Texas Street corridor, and adjacent areas. The Plan envisions up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space developed in an urban, mixeduse environment. The staff has found it necessary to periodically review and recommend amendments to the Plan to ensure better consistency with the adopted vision and incentivize development within the Plan area.

DISCUSSION
A brief overview of each proposed ordinance and zoning amendment recommended by City staff below. Staff recommends council review the attached Planning Commission staff reports, from September 28, 2022, November 9, 2022, and December 14, 2022, for an indepth analysis and basis for the proposed amendment.

Zoning Ordinance Amendments:

Residential Zoning Districts
Land Use Regulations
Duets:Prohibit this use in the Residential, Low Density (RL) District and clarify that this use is not permitted in the Residential, Very Low Density (RVL) District.

MiniStorage:Prohibit this use in all residential zoning districts.

Park, Playground:Permit this use in the Residential, Very High Density (RVH) District.

Boarding Houses:Add “Section 25.32” next to “Boarding houses, large” and “Boarding houses, small” in the “Additional Regulations” column in Zoning Ordinance Table 251.

Land Use Notes:Remove the “[Removed]” note, renumber all notes, and update the “Additional Regulations” column in Zoning Ordinance Table 251 to reflect newly numbered notes.

Accessory Dwelling Units (ADU):Revise Zoning Ordinance Section 25.20.4.11 to clearly permit one detached ADU and one junior ADU, or one ADU in accordance with California State law.

Garage Conversions:Revise Zoning Ordinance Section 25.20.4.3 to clarify that replacement parking is not required for garage conversions that involve an ADU.

Development Regulations
Small Lot Development Regulations:Revise Zoning Ordinance Table 255 to require small lot developments to provide common open space that is three percent of the net parcel area instead Packet Page 413 of 812

Commercial Zoning Districts
Land Use Regulations
Coworking Space:Permit this use by right in all commercial zoning districts.

Tasting Rooms:Permit this use in Thoroughfare Commercial (CT) District, Community Commercial (CC) District, and Regional Commercial (CR) District. Permit this use in the Office Commercial (CO) District with a Conditional Use Permit.

Temporary Uses and Events:Clarify that temporary uses and events are permitted in all commercial zoning districts.

Child Daycare Center:Permit this use in the Service Commercial (CS) District with a Conditional Use Permit.

Development Regulations
MixedUse Development Regulations:Revise Zoning Ordinance Section 25.22.4.3 to require 150 square feet of common open space per dwelling unit instead of 200 square feet for mixeduse developments. Additionally, require common open space areas to have a minimum dimension of 15 feet by 15 feet and include passive or active recreational amenities.

Industrial Zoning Districts
Land Use Regulations
Coworking Space:Permit this use in the Industrial Business Park (IBP) District by right.

Train Station Specific Plan
Interim Use Permit:Extend the Interim Use Permit filing deadline to one year from the effective date of the proposed ordinance for nonconforming uses in the Train Station Specific Plan area.

Heart of Fairfield Plan Zoning Districts
West Texas Street (HWT) District Description
A portion of the HWT District description mistakenly identifies uses that are appropriate for service commercial and industrial areas but inappropriate for an urban mixeduse corridor. Staff recommends that this portion of the description be replaced with the following language in italics to describe anticipated uses more effective for the HWT District: Typical uses include neighborhood serving retail, specialty retail, restaurants (not including drive through food service), education, office uses, and limited handicraft and repair businesses. The district is not intended for vehicle sales and service uses.

Land Use Regulations
Prohibited Uses:

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Building and Landscape Material Sales:Prohibit this use in the HWT District.

Animal Kennel:Prohibit this use in the HWT District.

Recycling Collection Facility – Small:Prohibit this use in the HWT District.

Helipad:Prohibit this use in the HWT District.

Heliport:Prohibit this use in the HWT District.

Transit Station or Terminal:Prohibit this use in the HWT District and the TransitOriented Development (HTD) District.

Private Transportation Service:Prohibit this use in the HWT District and the HPF (Public Facilities – Transit) District.

Conditionally Permitted Use:

Plant Nursery – Landscape:Permit this use in the HWT District with a Conditional Use Permit.

Personal Care and Domestic Services:Permit this use in the Downtown Core (HDC) District on the ground floor with a Conditional Use Permit and add a note to Zoning Ordinance Table 25H1 limiting this use to a maximum of 15 establishments to avoid an overconcentration.

Parking Facility, NonResidential:Permit this use in the HWT District and HTD District with a Conditional Use Permit.

Permitted Uses with Limitations:

Tattoo Parlors:Permit this use in the HD (Downtown) District (Upper Floors), HDC (Upper Floors) District, HWT District, and HTD District by right.

Boarding Houses, Large and Boarding Houses, Small:These uses are permitted and conditionally permitted in various Plan area districts. Additionally, the use is subject to regulations under Zoning Ordinance Section 25.32.12. Specific Use Regulations – Boarding Houses. Staff recommends the addition of a reference to Zoning Ordinance Section 25.32.12 be added next to Boarding House, Large in the “Additional Regulations” column in Table 25H1 for clarification purposes. Staff also recommends that existing Note 9, regarding transitional housing, be added to “Boarding House, Small” for further clarification purposes.

Dwelling, SingleFamily Detached:This use is permitted and conditionally permitted in several Plan area districts by right. Staff recommends that this use be prohibited in the HD District (Ground Floor) and the HDC District (Ground and Upper Floors). Furthermore, staff recommends this use remain as currently regulated in all Plan area districts with the addition of the following revised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

Animal, Fowl, and Bee Keeping (NonCommercial):This use is permitted in several Plan area districts by right and subject to the regulations under Chapter 3 Animals and Fowl of the Municipal Code. Staff recommends the addition of the following revised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

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Garage Conversions:are permitted in several Plan area districts by right and subject to the regulations under Zoning Ordinance Section 25.20.4.3 Garage Conversions. Staff recommends also making Garage Conversions permitted by right in the HTD District as detached singlefamily residences are already permitted, and this is an ancillary component of the use. Additionally, staff recommends the addition of the following revised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

Garage and Estate Sales:are permitted in several Plan area districts by right and subject to regulations under Zoning Ordinance Section 25.20.4.4 Garage Sales. Staff recommends the addition of a reference to Zoning Ordinance Section 25.20.4.4 and the following revised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

Home Occupations:are permitted in several Plan area districts by right and are subject to regulations under Zoning Ordinance Section 25.20.4.5 Home Occupations. Staff recommends the addition of a reference to Zoning Ordinance Section 25.20.4.5 and the following revised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

Development Regulations
Mixed Use Office (HO) District Building Height:The HO District allows for a maximum building height of 35 feet under Zoning Ordinance Tables 25H2, 25H3, 25H4, and 25H5. Staff recommends that Zoning Ordinance tables be amended to allow a maximum building height of 45 feet to be consistent with the Plan.

Side Yard Setback for SingleFamily Homes:Revise Zoning Ordinance Table 25H5 so that the required interior side yard setback for singlefamily residences in the HWT District, HO District, and the Residential (HR) District is either 0 feet, 4 feet, or as necessary to provide private open space. Additionally, add a note clarifying that the interior sideyard setback may be reduced to 3 feet for structures complying with all applicable Uniform Building Code regulations.

Activity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include a definition for Activity Zone, as described in the Plan. Additionally, staff recommends that the notes under Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference the Activity Zone definition, as applicable.

Amenity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include a definition for Amenity Zone, as described in the Plan. Additionally, staff recommends that the notes under Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference the Amenity Zone definition, as applicable.

Transparency Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A.T include a definition for Transparency, consistent with what is defined for ground floor and upper floor building transparency in Zoning Ordinance Tables 25H2, 25H3, and 25H4.

Offsite Parking Allowances:Offsite parking is permitted for Heart of Fairfield zoning districts in Zoning Ordinance Tables 25H2, 25H3, and 25H4 through notes that state, “Fifty percent of any required parking may be provided through onstreet parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel within 750 feet of the parcel line.” Staff recommends that the Zoning Ordinance tables be amended to clarify that 50 percent of any required parking may also be provided at a publicly accessible parking facility, the use of which is not limited to a specific use or activity within 750 feet of the parcel line. This would allow Packet Page 416 of 812

Multifamily Residential and MixedUse Development Parking Reductions:Revise Zoning Ordinance Tables 25H3 and 25H4 for the HWT District to require onsite parking of 1 1/3 spaces per dwelling unit for multifamily residential developments and 1 space per dwelling unit for mixed use developments.

Zoning Ordinance Table 2518: Development Permit Requirements:Zoning Ordinance Table 25 18 establishes permit requirement thresholds for projects based on the type of activity or improvement proposed. Staff recommends that Zoning Ordinance 2518 be amended under “Multifamily” to require Minor Development Review approval for multifamily residential developments of 150 units or less and Development Review approval for multifamily residential developments of more than 150 units for Heart of Fairfield zoning districts. Additionally, staff recommends that Zoning Ordinance Table 2518 be amended to remove the Development Review approval requirements for new commercial buildings and building additions for the former CD District and CDC District. This means that new commercial development for properties with Heart of Fairfield Plan zoning designations would be subject to the same permit requirement thresholds. Lastly, staff recommends the addition of a note clarifying that mixeduse developments involving commercial and residential uses are subject to the permit requirement thresholds for multifamily developments.

Specific Plan Amendments:

Fairfield Transportation Center Properties
The following properties abuts the Fairfield Transportation Center (FTC) and are sited at the corners of Beck Avenue at West Texas Street and Cadenasso Drive: 601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280). These subject properties include a McDonald’s at 699 Beck Avenue and a commercial building with two tenant spaces at 649 Beck Avenue and 601 Beck Avenue that were recently home to Mattress Barn and the 99 Cent Only Store.

The properties are in the Plan area but are designated as CC as is the case for all the properties at the intersection of West Texas Street and Beck Avenue. The properties along West Texas Street from Park Crossing Apartments (2100 West Texas Street) and the Caltrans Fairfield Maintenance Station (2019 West Texas Street) to Pennsylvania Avenue are largely designated as Mixed Use West Texas (MU WTS). Staff recommends that the subject properties be redesignated from CC to MUWTS to further assist in the longterm transformation of West Texas Street into an urban mixeduse corridor.

Zone Changes:

Fairfield Transportation Center Properties
The vision of the MUWTS designation of the Plan is implemented by the HWT Zoning Ordinance district. The three properties that staff recommends Specific Plan redesignation from CC to MUWTS are currently zoned CC District. Staff recommends that these subject properties be rezoned from CC District to HWT District to be consistent with the proposed Plan amendments and to implement the vision of the MUWTS designation. The HWT District would allow for a collection of residential and commercial uses at the subject properties.
1100 Texas Street
1100 Texas Street (APN: 0030174080) was recently home to the Fairfield Police Department:

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Agenda Item No: 13.AGENDA REPORTDATE:January 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 202307 of the City Council of the City of Fairfield Adopting a Specific PlanAmendment (SP2022002) for the Heart of Fairfield Plan to Redesignate Parcels at601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and699 Beck Avenue (APN: 0028920280) from Community Commercial (CC) to MixedUse West Texas (MUWTS); andFirst Reading and Introduction of Ordinance 202303 of the City Council of the City ofFairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code,also Known as the Zoning Ordinance, to Adjust Land Use Regulations andDevelopment Standards in Alignment with the Goals and Objectives of the Heart ofFairfield Plan; Correcting the Description of the West Texas Street (HWT) District;Adjusting Permit Requirement Thresholds for Heart of Fairfield Plan Zoning Districts;Creating Definitions for Amenity Zone, Activity Zone, and Transparency; and AmendingChapter 25, Article I of the Municipal Code, Also Known as the Zoning Map, Rezoning aParcel at 1100 Texas Street (APN: 0030174080) from Public Facilities (PF) District –Downtown Area Parking (P1) Overlay District To Downtown (HD) District – DowntownArea Parking (P1) Overlay District, and Parcels at 601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280) from Community Commercial (CC) District To HWT District; and First Reading and Introduction of Ordinance 202304 of the City Council of the City ofFairfield Amending Various Sections of Chapter 25, Article I of the Fairfield MunicipalCode, also Known as the Zoning Ordinance, to Address New Issues, CorrectTypographical Errors, Make Minor Organizational Revisions, Clarify Language, Bringthe Zoning Ordinance into Closer Alignment with General Plan Goals, Objectives, andPolicies; and Bring the Zoning Ordinance into Full Compliance with State LawRECOMMENDED ACTIONHold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinancesfor first reading.STATEMENT OF ISSUECity staff has found it necessary to periodically review and recommend amendments to the ZoningOrdinance and Zoning Map. These amendments are necessary to ensure that the Zoning Ordinance isconsistent with zoning and land use best practices, California State law, City policy goals, the FairfieldGeneral Plan, and adopted specific plan goals and objectives. Additionally, these amendments alsoserve as an annual cleanup of inadvertent errors and omissions in the Zoning Ordinance. Finally, theseamendments also include a formal request from Ken Stewart to allow child daycare centers in theService Commercial (CS) District with a Conditional Use Permit.In May 2017, the City Council adopted the Heart of Fairfield Plan (Plan) establishing a longterm visionthrough 2040 for the revitalization of Downtown Fairfield, the West Texas Street corridor, and adjacentareas. The Plan envisions up to 1,600 new residential units and up to 140,000 square feet of newcommercial and office space developed in an urban, mixeduse environment. The staff has found itnecessary to periodically review and recommend amendments to the Plan to ensure better consistencywith the adopted vision and incentivize development within the Plan area.DISCUSSIONA brief overview of each proposed ordinance and zoning amendment recommended by City staffbelow. Staff recommends council review the attached Planning Commission staff reports, fromSeptember 28, 2022, November 9, 2022, and December 14, 2022, for an indepth analysis and basisfor the proposed amendment.Zoning Ordinance Amendments: Residential Zoning DistrictsLand Use RegulationsDuets:Prohibit this use in the Residential, Low Density (RL) District and clarify that this use is notpermitted in the Residential, Very Low Density (RVL) District.MiniStorage:Prohibit this use in all residential zoning districts.Park, Playground:Permit this use in the Residential, Very High Density (RVH) District.Boarding Houses:Add “Section 25.32” next to “Boarding houses, large” and “Boarding houses,small” in the “Additional Regulations” column in Zoning Ordinance Table 251.Land Use Notes:Remove the “[Removed]” note, renumber all notes, and update the “AdditionalRegulations” column in Zoning Ordinance Table 251 to reflect newly numbered notes.Accessory Dwelling Units (ADU):Revise Zoning Ordinance Section 25.20.4.11 to clearly permitone detached ADU and one junior ADU, or one ADU in accordance with California State law.Garage Conversions:Revise Zoning Ordinance Section 25.20.4.3 to clarify that replacementparking is not required for garage conversions that involve an ADU. Development RegulationsSmall Lot Development Regulations:Revise Zoning Ordinance Table 255 to require small lotdevelopments to provide common open space that is three percent of the net parcel area insteadof five percent. Additionally, require that common open space include one or more passive oractive recreational amenities, and exclude stormwater detention basins and stormwater qualityfeatures.Commercial Zoning DistrictsLand Use RegulationsCoworking Space:Permit this use by right in all commercial zoning districts.Tasting Rooms:Permit this use in Thoroughfare Commercial (CT) District, CommunityCommercial (CC) District, and Regional Commercial (CR) District. Permit this use in the OfficeCommercial (CO) District with a Conditional Use Permit.Temporary Uses and Events:Clarify that temporary uses and events are permitted in allcommercial zoning districts.Child Daycare Center:Permit this use in the Service Commercial (CS) District with a ConditionalUse Permit.Development RegulationsMixedUse Development Regulations:Revise Zoning Ordinance Section 25.22.4.3 to require 150square feet of common open space per dwelling unit instead of 200 square feet for mixedusedevelopments. Additionally, require common open space areas to have a minimum dimension of15 feet by 15 feet and include passive or active recreational amenities.Industrial Zoning DistrictsLand Use RegulationsCoworking Space:Permit this use in the Industrial Business Park (IBP) District by right.Train Station Specific Plan Interim Use Permit:Extend the Interim Use Permit filing deadline to one year from the effectivedate of the proposed ordinance for nonconforming uses in the Train Station Specific Plan area.Heart of Fairfield Plan Zoning DistrictsWest Texas Street (HWT) District DescriptionA portion of the HWT District description mistakenly identifies uses that are appropriate forservice commercial and industrial areas but inappropriate for an urban mixeduse corridor. Staffrecommends that this portion of the description be replaced with the following language in italicsto describe anticipated uses more effective for the HWT District: Typical uses includeneighborhood serving retail, specialty retail, restaurants (not including drive through foodservice), education, office uses, and limited handicraft and repair businesses. The district is notintended for vehicle sales and service uses.Land Use RegulationsProhibited Uses:Building and Landscape Material Sales:Prohibit this use in the HWT District.Animal Kennel:Prohibit this use in the HWT District.Recycling Collection Facility – Small:Prohibit this use in the HWT District. Helipad:Prohibit this use in the HWT District.Heliport:Prohibit this use in the HWT District.Transit Station or Terminal:Prohibit this use in the HWT District and the TransitOrientedDevelopment (HTD) District.Private Transportation Service:Prohibit this use in the HWT District and the HPF (PublicFacilities – Transit) District.Conditionally Permitted Use: Plant Nursery – Landscape:Permit this use in the HWT District with a Conditional Use Permit.Personal Care and Domestic Services:Permit this use in the Downtown Core (HDC) District onthe ground floor with a Conditional Use Permit and add a note to Zoning Ordinance Table 25H1limiting this use to a maximum of 15 establishments to avoid an overconcentration. Parking Facility, NonResidential:Permit this use in the HWT District and HTD District with aConditional Use Permit. Permitted Uses with Limitations: Tattoo Parlors:Permit this use in the HD (Downtown) District (Upper Floors), HDC (Upper Floors)District, HWT District, and HTD District by right.Boarding Houses, Large and Boarding Houses, Small:These uses are permitted andconditionally permitted in various Plan area districts. Additionally, the use is subject to regulationsunder Zoning Ordinance Section 25.32.12. Specific Use Regulations – Boarding Houses. Staffrecommends the addition of a reference to Zoning Ordinance Section 25.32.12 be added next toBoarding House, Large in the “Additional Regulations” column in Table 25H1 for clarificationpurposes. Staff also recommends that existing Note 9, regarding transitional housing, be addedto “Boarding House, Small” for further clarification purposes.Dwelling, SingleFamily Detached:This use is permitted and conditionally permitted in severalPlan area districts by right. Staff recommends that this use be prohibited in the HD District(Ground Floor) and the HDC District (Ground and Upper Floors). Furthermore, staff recommendsthis use remain as currently regulated in all Plan area districts with the addition of the followingrevised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note(11) Housing is not permitted on the first floor on Texas Street in the HD and HDC ZoningDistricts.Animal, Fowl, and Bee Keeping (NonCommercial):This use is permitted in several Plan areadistricts by right and subject to the regulations under Chapter 3 Animals and Fowl of the MunicipalCode. Staff recommends the addition of the following revised note in the “Additional Regulations”column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the firstfloor on Texas Street in the HD and HDC Zoning Districts. Garage Conversions:are permitted in several Plan area districts by right and subject to theregulations under Zoning Ordinance Section 25.20.4.3 Garage Conversions. Staff recommendsalso making Garage Conversions permitted by right in the HTD District as detached singlefamilyresidences are already permitted, and this is an ancillary component of the use. Additionally, staffrecommends the addition of the following revised note in the “Additional Regulations” column inTable 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor onTexas Street in the HD and HDC Zoning Districts.Garage and Estate Sales:are permitted in several Plan area districts by right and subject toregulations under Zoning Ordinance Section 25.20.4.4 Garage Sales. Staff recommends theaddition of a reference to Zoning Ordinance Section 25.20.4.4 and the following revised note inthe “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housingis not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.Home Occupations:are permitted in several Plan area districts by right and are subject toregulations under Zoning Ordinance Section 25.20.4.5 Home Occupations. Staff recommends theaddition of a reference to Zoning Ordinance Section 25.20.4.5 and the following revised note inthe “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housingis not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.Development RegulationsMixed Use Office (HO) District Building Height:The HO District allows for a maximum buildingheight of 35 feet under Zoning Ordinance Tables 25H2, 25H3, 25H4, and 25H5. Staffrecommends that Zoning Ordinance tables be amended to allow a maximum building height of 45feet to be consistent with the Plan.Side Yard Setback for SingleFamily Homes:Revise Zoning Ordinance Table 25H5 so that therequired interior side yard setback for singlefamily residences in the HWT District, HO District,and the Residential (HR) District is either 0 feet, 4 feet, or as necessary to provide private openspace. Additionally, add a note clarifying that the interior sideyard setback may be reduced to 3feet for structures complying with all applicable Uniform Building Code regulations. Activity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include adefinition for Activity Zone, as described in the Plan. Additionally, staff recommends that the notesunder Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference the ActivityZone definition, as applicable.Amenity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include adefinition for Amenity Zone, as described in the Plan. Additionally, staff recommends that thenotes under Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference theAmenity Zone definition, as applicable.Transparency Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A.T include adefinition for Transparency, consistent with what is defined for ground floor and upper floorbuilding transparency in Zoning Ordinance Tables 25H2, 25H3, and 25H4. Offsite Parking Allowances:Offsite parking is permitted for Heart of Fairfield zoning districts inZoning Ordinance Tables 25H2, 25H3, and 25H4 through notes that state, “Fifty percent of anyrequired parking may be provided through onstreet parking located within 300 feet of the parcelline and the remaining 50% may be provided on any private parcel within 750 feet of the parcelline.” Staff recommends that the Zoning Ordinance tables be amended to clarify that 50 percent ofany required parking may also be provided at a publicly accessible parking facility, the use ofwhich is not limited to a specific use or activity within 750 feet of the parcel line. This would allowparking lots and parking garages that are owned by the City of Fairfield and other governmentalentities to help satisfy parking requirements within the Plan area.Multifamily Residential and MixedUse Development Parking Reductions:Revise ZoningOrdinance Tables 25H3 and 25H4 for the HWT District to require onsite parking of 1 1/3 spacesper dwelling unit for multifamily residential developments and 1 space per dwelling unit for mixeduse developments. Zoning Ordinance Table 2518: Development Permit Requirements:Zoning Ordinance Table 2518 establishes permit requirement thresholds for projects based on the type of activity orimprovement proposed. Staff recommends that Zoning Ordinance 2518 be amended under“Multifamily” to require Minor Development Review approval for multifamily residentialdevelopments of 150 units or less and Development Review approval for multifamily residentialdevelopments of more than 150 units for Heart of Fairfield zoning districts. Additionally, staffrecommends that Zoning Ordinance Table 2518 be amended to remove the DevelopmentReview approval requirements for new commercial buildings and building additions for the formerCD District and CDC District. This means that new commercial development for properties withHeart of Fairfield Plan zoning designations would be subject to the same permit requirementthresholds. Lastly, staff recommends the addition of a note clarifying that mixeduse developmentsinvolving commercial and residential uses are subject to the permit requirement thresholds formultifamily developments.Specific Plan Amendments:Fairfield Transportation Center PropertiesThe following properties abuts the Fairfield Transportation Center (FTC) and are sited at the corners ofBeck Avenue at West Texas Street and Cadenasso Drive: 601 Beck Avenue (APN: 0028920300),649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280). These subjectproperties include a McDonald’s at 699 Beck Avenue and a commercial building with two tenantspaces at 649 Beck Avenue and 601 Beck Avenue that were recently home to Mattress Barn and the99 Cent Only Store. The properties are in the Plan area but are designated as CC as is the case for all the properties at theintersection of West Texas Street and Beck Avenue. The properties along West Texas Street from ParkCrossing Apartments (2100 West Texas Street) and the Caltrans Fairfield Maintenance Station (2019West Texas Street) to Pennsylvania Avenue are largely designated as Mixed Use West Texas (MUWTS). Staff recommends that the subject properties be redesignated from CC to MUWTS to furtherassist in the longterm transformation of West Texas Street into an urban mixeduse corridor. Zone Changes:Fairfield Transportation Center PropertiesThe vision of the MUWTS designation of the Plan is implemented by the HWT Zoning Ordinancedistrict. The three properties that staff recommends Specific Plan redesignation from CC to MUWTSare currently zoned CC District. Staff recommends that these subject properties be rezoned from CCDistrict to HWT District to be consistent with the proposed Plan amendments and to implement thevision of the MUWTS designation. The HWT District would allow for a collection of residential andcommercial uses at the subject properties. 1100 Texas Street
1100 Texas Street (APN: 0030174080) was recently home to the Fairfield Police Department:

Investigations Division and is currently zoned PF (Public Facilities) District. The Plan designations this property as CD: Downtown Commercial. Staff recommends that this property be rezoned to HD (Downtown) District so that it is consistent with the Plan.

Environmental Review:

The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15182, which exempts projects that are consistent with a specific plan adopted pursuant to Title 7, Division 1, Chapter 3, Article 8 of the Government Code; Section 15282(h), which categorically exempts ordinances implementing Sections 65852.1 and 65852.2 of the Government Code relating to second units in a singlefamily or multifamily residential zone; and under Section 15061(b)(3), the common sense exemption that CEQA only applies to projects which have the potential to cause a significant effect on the environment. The text amendments make minor changes to clarify existing standards and requirements for existing structures under State law and regulate minor conversions of existing structures; these changes will not result in any new substantial physical change to the environment.

The proposed Plan amendments will not have a significant impact on the environment in that the certified Heart of Fairfield Plan Environmental Impact Report anticipated up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space throughout the Plan area. The proposed zone change will not cause an increase that is greater than the residential units or the commercial and office square footage anticipated in the Environmental Impact Report.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The following notifications were made for the January 17, 2023, City Council meeting: Mailed public hearing notices to all property owners within 500 feet of 601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), 699 Beck Avenue (APN: 0028920280), and 1100 Texas Street (APN: 0030174080) on January 5, 2023, and published a public hearing notice in the Daily Republic Newspaper on January 6, 2023. The staff has not received any correspondence at the time of writing.

The Planning Commission held the following duly noticed public hearings to consider the amendments:

September 28, 2022:The Planning Commission adopted Resolution No. PC202211 in a 60 vote recommending City Council approval of various Zoning Ordinance Amendments and a Zone Change for 1100 Texas Street.

November 9, 2022:The Planning Commission adopted Resolution No. PC202214 in a 70 vote recommending City Council approval of Zoning Ordinance Amendments and Specific Plan Amendment for the Heart of Fairfield Plan, as well as a Zone Change for 601 Beck Avenue, 649 Beck Avenue, and 699 Beck Avenue.

December 14, 2022:The Planning Commission adopted Resolution No. PC202215 in a 70 vote recommending City Council approval of a Zoning Ordinance Amendment to permit “Child daycare center” uses in the CS (Service Commercial) District with a Conditional Use Permit.

ALTERNATIVE ACTION
The City Council may choose to choose to (1) approve the proposed amendments as recommended by the Planning Commission and staff; or (2) approve some of the proposed amendments and remand Packet Page 418 of 812

Agenda Item No: 13.AGENDA REPORTDATE:January 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 202307 of the City Council of the City of Fairfield Adopting a Specific PlanAmendment (SP2022002) for the Heart of Fairfield Plan to Redesignate Parcels at601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and699 Beck Avenue (APN: 0028920280) from Community Commercial (CC) to MixedUse West Texas (MUWTS); andFirst Reading and Introduction of Ordinance 202303 of the City Council of the City ofFairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code,also Known as the Zoning Ordinance, to Adjust Land Use Regulations andDevelopment Standards in Alignment with the Goals and Objectives of the Heart ofFairfield Plan; Correcting the Description of the West Texas Street (HWT) District;Adjusting Permit Requirement Thresholds for Heart of Fairfield Plan Zoning Districts;Creating Definitions for Amenity Zone, Activity Zone, and Transparency; and AmendingChapter 25, Article I of the Municipal Code, Also Known as the Zoning Map, Rezoning aParcel at 1100 Texas Street (APN: 0030174080) from Public Facilities (PF) District –Downtown Area Parking (P1) Overlay District To Downtown (HD) District – DowntownArea Parking (P1) Overlay District, and Parcels at 601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280) from Community Commercial (CC) District To HWT District; and First Reading and Introduction of Ordinance 202304 of the City Council of the City ofFairfield Amending Various Sections of Chapter 25, Article I of the Fairfield MunicipalCode, also Known as the Zoning Ordinance, to Address New Issues, CorrectTypographical Errors, Make Minor Organizational Revisions, Clarify Language, Bringthe Zoning Ordinance into Closer Alignment with General Plan Goals, Objectives, andPolicies; and Bring the Zoning Ordinance into Full Compliance with State LawRECOMMENDED ACTIONHold public hearing; adopt resolution; waive full readings, read by titles only; and introduce ordinancesfor first reading.STATEMENT OF ISSUECity staff has found it necessary to periodically review and recommend amendments to the ZoningOrdinance and Zoning Map. These amendments are necessary to ensure that the Zoning Ordinance isconsistent with zoning and land use best practices, California State law, City policy goals, the FairfieldGeneral Plan, and adopted specific plan goals and objectives. Additionally, these amendments alsoserve as an annual cleanup of inadvertent errors and omissions in the Zoning Ordinance. Finally, theseamendments also include a formal request from Ken Stewart to allow child daycare centers in theService Commercial (CS) District with a Conditional Use Permit.In May 2017, the City Council adopted the Heart of Fairfield Plan (Plan) establishing a longterm visionthrough 2040 for the revitalization of Downtown Fairfield, the West Texas Street corridor, and adjacentareas. The Plan envisions up to 1,600 new residential units and up to 140,000 square feet of newcommercial and office space developed in an urban, mixeduse environment. The staff has found itnecessary to periodically review and recommend amendments to the Plan to ensure better consistencywith the adopted vision and incentivize development within the Plan area.DISCUSSIONA brief overview of each proposed ordinance and zoning amendment recommended by City staffbelow. Staff recommends council review the attached Planning Commission staff reports, fromSeptember 28, 2022, November 9, 2022, and December 14, 2022, for an indepth analysis and basisfor the proposed amendment.Zoning Ordinance Amendments: Residential Zoning DistrictsLand Use RegulationsDuets:Prohibit this use in the Residential, Low Density (RL) District and clarify that this use is notpermitted in the Residential, Very Low Density (RVL) District.MiniStorage:Prohibit this use in all residential zoning districts.Park, Playground:Permit this use in the Residential, Very High Density (RVH) District.Boarding Houses:Add “Section 25.32” next to “Boarding houses, large” and “Boarding houses,small” in the “Additional Regulations” column in Zoning Ordinance Table 251.Land Use Notes:Remove the “[Removed]” note, renumber all notes, and update the “AdditionalRegulations” column in Zoning Ordinance Table 251 to reflect newly numbered notes.Accessory Dwelling Units (ADU):Revise Zoning Ordinance Section 25.20.4.11 to clearly permitone detached ADU and one junior ADU, or one ADU in accordance with California State law.Garage Conversions:Revise Zoning Ordinance Section 25.20.4.3 to clarify that replacementparking is not required for garage conversions that involve an ADU. Development RegulationsSmall Lot Development Regulations:Revise Zoning Ordinance Table 255 to require small lotdevelopments to provide common open space that is three percent of the net parcel area insteadof five percent. Additionally, require that common open space include one or more passive oractive recreational amenities, and exclude stormwater detention basins and stormwater qualityfeatures.Commercial Zoning DistrictsLand Use RegulationsCoworking Space:Permit this use by right in all commercial zoning districts.Tasting Rooms:Permit this use in Thoroughfare Commercial (CT) District, CommunityCommercial (CC) District, and Regional Commercial (CR) District. Permit this use in the OfficeCommercial (CO) District with a Conditional Use Permit.Temporary Uses and Events:Clarify that temporary uses and events are permitted in allcommercial zoning districts.Child Daycare Center:Permit this use in the Service Commercial (CS) District with a ConditionalUse Permit.Development RegulationsMixedUse Development Regulations:Revise Zoning Ordinance Section 25.22.4.3 to require 150square feet of common open space per dwelling unit instead of 200 square feet for mixedusedevelopments. Additionally, require common open space areas to have a minimum dimension of15 feet by 15 feet and include passive or active recreational amenities.Industrial Zoning DistrictsLand Use RegulationsCoworking Space:Permit this use in the Industrial Business Park (IBP) District by right.Train Station Specific Plan Interim Use Permit:Extend the Interim Use Permit filing deadline to one year from the effectivedate of the proposed ordinance for nonconforming uses in the Train Station Specific Plan area.Heart of Fairfield Plan Zoning DistrictsWest Texas Street (HWT) District DescriptionA portion of the HWT District description mistakenly identifies uses that are appropriate forservice commercial and industrial areas but inappropriate for an urban mixeduse corridor. Staffrecommends that this portion of the description be replaced with the following language in italicsto describe anticipated uses more effective for the HWT District: Typical uses includeneighborhood serving retail, specialty retail, restaurants (not including drive through foodservice), education, office uses, and limited handicraft and repair businesses. The district is notintended for vehicle sales and service uses.Land Use RegulationsProhibited Uses:Building and Landscape Material Sales:Prohibit this use in the HWT District.Animal Kennel:Prohibit this use in the HWT District.Recycling Collection Facility – Small:Prohibit this use in the HWT District. Helipad:Prohibit this use in the HWT District.Heliport:Prohibit this use in the HWT District.Transit Station or Terminal:Prohibit this use in the HWT District and the TransitOrientedDevelopment (HTD) District.Private Transportation Service:Prohibit this use in the HWT District and the HPF (PublicFacilities – Transit) District.Conditionally Permitted Use: Plant Nursery – Landscape:Permit this use in the HWT District with a Conditional Use Permit.Personal Care and Domestic Services:Permit this use in the Downtown Core (HDC) District onthe ground floor with a Conditional Use Permit and add a note to Zoning Ordinance Table 25H1limiting this use to a maximum of 15 establishments to avoid an overconcentration. Parking Facility, NonResidential:Permit this use in the HWT District and HTD District with aConditional Use Permit. Permitted Uses with Limitations: Tattoo Parlors:Permit this use in the HD (Downtown) District (Upper Floors), HDC (Upper Floors)District, HWT District, and HTD District by right.Boarding Houses, Large and Boarding Houses, Small:These uses are permitted andconditionally permitted in various Plan area districts. Additionally, the use is subject to regulationsunder Zoning Ordinance Section 25.32.12. Specific Use Regulations – Boarding Houses. Staffrecommends the addition of a reference to Zoning Ordinance Section 25.32.12 be added next toBoarding House, Large in the “Additional Regulations” column in Table 25H1 for clarificationpurposes. Staff also recommends that existing Note 9, regarding transitional housing, be addedto “Boarding House, Small” for further clarification purposes.Dwelling, SingleFamily Detached:This use is permitted and conditionally permitted in severalPlan area districts by right. Staff recommends that this use be prohibited in the HD District(Ground Floor) and the HDC District (Ground and Upper Floors). Furthermore, staff recommendsthis use remain as currently regulated in all Plan area districts with the addition of the followingrevised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note(11) Housing is not permitted on the first floor on Texas Street in the HD and HDC ZoningDistricts.Animal, Fowl, and Bee Keeping (NonCommercial):This use is permitted in several Plan areadistricts by right and subject to the regulations under Chapter 3 Animals and Fowl of the MunicipalCode. Staff recommends the addition of the following revised note in the “Additional Regulations”column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the firstfloor on Texas Street in the HD and HDC Zoning Districts. Garage Conversions:are permitted in several Plan area districts by right and subject to theregulations under Zoning Ordinance Section 25.20.4.3 Garage Conversions. Staff recommendsalso making Garage Conversions permitted by right in the HTD District as detached singlefamilyresidences are already permitted, and this is an ancillary component of the use. Additionally, staffrecommends the addition of the following revised note in the “Additional Regulations” column inTable 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor onTexas Street in the HD and HDC Zoning Districts.Garage and Estate Sales:are permitted in several Plan area districts by right and subject toregulations under Zoning Ordinance Section 25.20.4.4 Garage Sales. Staff recommends theaddition of a reference to Zoning Ordinance Section 25.20.4.4 and the following revised note inthe “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housingis not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.Home Occupations:are permitted in several Plan area districts by right and are subject toregulations under Zoning Ordinance Section 25.20.4.5 Home Occupations. Staff recommends theaddition of a reference to Zoning Ordinance Section 25.20.4.5 and the following revised note inthe “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housingis not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.Development RegulationsMixed Use Office (HO) District Building Height:The HO District allows for a maximum buildingheight of 35 feet under Zoning Ordinance Tables 25H2, 25H3, 25H4, and 25H5. Staffrecommends that Zoning Ordinance tables be amended to allow a maximum building height of 45feet to be consistent with the Plan.Side Yard Setback for SingleFamily Homes:Revise Zoning Ordinance Table 25H5 so that therequired interior side yard setback for singlefamily residences in the HWT District, HO District,and the Residential (HR) District is either 0 feet, 4 feet, or as necessary to provide private openspace. Additionally, add a note clarifying that the interior sideyard setback may be reduced to 3feet for structures complying with all applicable Uniform Building Code regulations. Activity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include adefinition for Activity Zone, as described in the Plan. Additionally, staff recommends that the notesunder Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference the ActivityZone definition, as applicable.Amenity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include adefinition for Amenity Zone, as described in the Plan. Additionally, staff recommends that thenotes under Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference theAmenity Zone definition, as applicable.Transparency Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A.T include adefinition for Transparency, consistent with what is defined for ground floor and upper floorbuilding transparency in Zoning Ordinance Tables 25H2, 25H3, and 25H4. Offsite Parking Allowances:Offsite parking is permitted for Heart of Fairfield zoning districts inZoning Ordinance Tables 25H2, 25H3, and 25H4 through notes that state, “Fifty percent of anyrequired parking may be provided through onstreet parking located within 300 feet of the parcelline and the remaining 50% may be provided on any private parcel within 750 feet of the parcelline.” Staff recommends that the Zoning Ordinance tables be amended to clarify that 50 percent ofany required parking may also be provided at a publicly accessible parking facility, the use ofwhich is not limited to a specific use or activity within 750 feet of the parcel line. This would allowparking lots and parking garages that are owned by the City of Fairfield and other governmentalentities to help satisfy parking requirements within the Plan area.Multifamily Residential and MixedUse Development Parking Reductions:Revise ZoningOrdinance Tables 25H3 and 25H4 for the HWT District to require onsite parking of 1 1/3 spacesper dwelling unit for multifamily residential developments and 1 space per dwelling unit for mixeduse developments. Zoning Ordinance Table 2518: Development Permit Requirements:Zoning Ordinance Table 2518 establishes permit requirement thresholds for projects based on the type of activity orimprovement proposed. Staff recommends that Zoning Ordinance 2518 be amended under“Multifamily” to require Minor Development Review approval for multifamily residentialdevelopments of 150 units or less and Development Review approval for multifamily residentialdevelopments of more than 150 units for Heart of Fairfield zoning districts. Additionally, staffrecommends that Zoning Ordinance Table 2518 be amended to remove the DevelopmentReview approval requirements for new commercial buildings and building additions for the formerCD District and CDC District. This means that new commercial development for properties withHeart of Fairfield Plan zoning designations would be subject to the same permit requirementthresholds. Lastly, staff recommends the addition of a note clarifying that mixeduse developmentsinvolving commercial and residential uses are subject to the permit requirement thresholds formultifamily developments.Specific Plan Amendments:Fairfield Transportation Center PropertiesThe following properties abuts the Fairfield Transportation Center (FTC) and are sited at the corners ofBeck Avenue at West Texas Street and Cadenasso Drive: 601 Beck Avenue (APN: 0028920300),649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280). These subjectproperties include a McDonald’s at 699 Beck Avenue and a commercial building with two tenantspaces at 649 Beck Avenue and 601 Beck Avenue that were recently home to Mattress Barn and the99 Cent Only Store. The properties are in the Plan area but are designated as CC as is the case for all the properties at theintersection of West Texas Street and Beck Avenue. The properties along West Texas Street from ParkCrossing Apartments (2100 West Texas Street) and the Caltrans Fairfield Maintenance Station (2019West Texas Street) to Pennsylvania Avenue are largely designated as Mixed Use West Texas (MUWTS). Staff recommends that the subject properties be redesignated from CC to MUWTS to furtherassist in the longterm transformation of West Texas Street into an urban mixeduse corridor. Zone Changes:Fairfield Transportation Center PropertiesThe vision of the MUWTS designation of the Plan is implemented by the HWT Zoning Ordinancedistrict. The three properties that staff recommends Specific Plan redesignation from CC to MUWTSare currently zoned CC District. Staff recommends that these subject properties be rezoned from CCDistrict to HWT District to be consistent with the proposed Plan amendments and to implement thevision of the MUWTS designation. The HWT District would allow for a collection of residential andcommercial uses at the subject properties. 1100 Texas Street1100 Texas Street (APN: 0030174080) was recently home to the Fairfield Police Department:Investigations Division and is currently zoned PF (Public Facilities) District. The Plan designations thisproperty as CD: Downtown Commercial. Staff recommends that this property be rezoned to HD(Downtown) District so that it is consistent with the Plan. Environmental Review:The proposed Zoning Ordinance amendments have been deemed categorically exempt from theCalifornia Environmental Quality Act (CEQA) per Section 15182, which exempts projects that areconsistent with a specific plan adopted pursuant to Title 7, Division 1, Chapter 3, Article 8 of theGovernment Code; Section 15282(h), which categorically exempts ordinances implementing Sections65852.1 and 65852.2 of the Government Code relating to second units in a singlefamily or multifamilyresidential zone; and under Section 15061(b)(3), the common sense exemption that CEQA only appliesto projects which have the potential to cause a significant effect on the environment. The textamendments make minor changes to clarify existing standards and requirements for existing structuresunder State law and regulate minor conversions of existing structures; these changes will not result inany new substantial physical change to the environment.The proposed Plan amendments will not have a significant impact on the environment in that thecertified Heart of Fairfield Plan Environmental Impact Report anticipated up to 1,600 new residentialunits and up to 140,000 square feet of new commercial and office space throughout the Plan area. Theproposed zone change will not cause an increase that is greater than the residential units or thecommercial and office square footage anticipated in the Environmental Impact Report.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONThe following notifications were made for the January 17, 2023, City Council meeting: Mailed publichearing notices to all property owners within 500 feet of 601 Beck Avenue (APN: 0028920300), 649Beck Avenue (APN: 0028920290), 699 Beck Avenue (APN: 0028920280), and 1100 Texas Street(APN: 0030174080) on January 5, 2023, and published a public hearing notice in the Daily RepublicNewspaper on January 6, 2023. The staff has not received any correspondence at the time of writing. The Planning Commission held the following duly noticed public hearings to consider the amendments:September 28, 2022:The Planning Commission adopted Resolution No. PC202211 in a 60vote recommending City Council approval of various Zoning Ordinance Amendments and a ZoneChange for 1100 Texas Street. November 9, 2022:The Planning Commission adopted Resolution No. PC202214 in a 70 voterecommending City Council approval of Zoning Ordinance Amendments and Specific PlanAmendment for the Heart of Fairfield Plan, as well as a Zone Change for 601 Beck Avenue, 649Beck Avenue, and 699 Beck Avenue. December 14, 2022:The Planning Commission adopted Resolution No. PC202215 in a 70vote recommending City Council approval of a Zoning Ordinance Amendment to permit “Childdaycare center” uses in the CS (Service Commercial) District with a Conditional Use Permit.ALTERNATIVE ACTION The City Council may choose to choose to (1) approve the proposed amendments as recommended by the Planning Commission and staff; or (2) approve some of the proposed amendments and remand those not acted on back to the Planning Commission with instructions to analyze, deliberate, and return with updated recommendations to the City Council; or (3) not approve any of the proposed amendments. However, should the City Council not approve the proposed amendments, the Zoning Ordinance will contain inconsistencies and conflict with State law and/or adopted City goals and policies.

STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 4287387
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office
ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Specific Plan Exhibit
Proposed Ordinance Heart of Fairfield
Exhibit B Zoning Exhibit Beck Avenue
Exhibit C Zoning Exhibit Texas Street
Proposed Ordinance 2022 Zoning Cleanup
HOF ZO Amend PC Reso PC202214, 20221109 Draft Minutes, and Staff Report Child Day Care Centers PC Reso PC202215, 20221214 Draft Minutes, and Staff Report ZO Amendment PC Reso PC202211, 20220928 Minutes, and Staff Report REVIEWERS:

Reviewer Action Date
Sheehan, Meily Approved 1/3/2023 9:31 PM
Feinstein, David Approved 1/3/2023 9:34 PM
Beavers, Esther Approved 1/4/2023 11:00 AM
Beavers, Esther Approved 1/4/2023 11:00 AM
Packet Page 419 of 812

CITY OF FAIRFIELD

RESOLUTION NO. 2023-07

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD ADOPTING A SPECIFIC PLAN AMENDMENT (SP2022-002) FOR THE HEART OF FAIRFIELD PLAN TO REDESIGNATE PARCELS AT 601 BECK AVENUE (APN: 0028-920-300), 649 BECK AVENUE (APN: 0028-920-290), AND 699 BECK AVENUE (APN: 0028-920-280) FROM COMMUNITY COMMERCIAL (CC) TO MIXED-USE

WEST TEXAS (MU-WTS)

WHEREAS, the City has found it necessary to periodically review and revise the Heart of Fairfield Plan to keep up to date with current practices and correct errors and omissions where they have been identified; and

WHEREAS, the Planning Commission held a duly noticed public hearing on November 9, 2022.

The City staff presented substantial factual information regarding the proposed Project in staff reports and through oral presentations before the Commission, and the Commission considered all public testimony and information presented during the public hearing regarding this application; and

WHEREAS, the City Council held a duly noticed public hearing on January 17, 2023. City staff presented substantial factual information regarding the proposed Specific Plan Amendment in staff reports and through oral presentations before Council; and

WHEREAS, the council finds that the Specific Plan Amendment is consistent with the General Plan. The proposed Specific Plan Amendment is consistent with the following General Plan objective: Objective LU19: Encourage intensification in the Heart of Fairfield, including downtown and West Texas Street. The subject parcels are located at the corners of Beck Avenue at West Texas Street and Cadenasso Drive. Redesignating the subject parcels from CC (Community Commercial) to Mixed Use West Texas (MU-WTS) would facilitate the intensification through development regulations that allow for a higher residential density within a denser built environment; and

WHEREAS, the council finds that the Specific Plan Amendment will not have a significant effect on the environment or is subject to the overriding findings specified in the City of Fairfield CEQA Guidelines. The certified Environmental Impact Report for the adopted Heart of Fairfield Plan anticipates up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space throughout the Heart of Fairfield Plan area. The proposed amendment will not cause an increase over the residential units or the commercial and office square footage anticipated in the Environmental Impact Report.

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

Section 1. The Specific Plan Amendment as contained in the attached Exhibit “A” is hereby adopted.

PASSED AND ADOPTED this 17th day of January, 2023, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS___

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
Packet Page 421 of 812Attachment 1 Page 2 of 2

General Plan Legend
Agriculture
AI Intensive
AE Extensive
Open Space
OSR Recreation
OSC Conservation
Residential
RVL Very Low Density
RL Low Density
RLM Low-Medium Density
RLM-C Low-Medium Density
(Cap)
RM Medium Density
RM-C Medium Density (Cap)
RH High Density
RVH Very High Density
Commercial
CN Neighborhood
CC Community/CBD
CS Service
CHR Highway & Regional
CO Office
Industrial
IL Limited
IG General
IBP Business & Industrial Park
Other
PF Public Facilities
MU Mixed Use
Phasing/ Special Study Area
Suisun Marsh Protection Boundary
Urban Limit Line
Boundary between
Phasing Areas D & E
Scale: N.T.S.

Land Use Exhibit
City of FairfieldCommunity Development Department NORTH General Plan
Heart of Fairfield Plan
Specific Plan Amendment
CC: Community Commercial to MU-WTS: Mixed Use West Texas SITE
Packet Page 422 of 812Attachment 2 Page 1 of 1

CITY OF FAIRFIELD

ORDINANCE NO. 2023-03

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING

ORDINANCE, TO ADJUST LAND USE REGULATIONS AND DEVELOPMENT STANDARDS IN ALIGNMENT WITH THE GOALS AND OBJECTIVES OF THE HEART OF FAIRFIELD PLAN; CORRECTING THE DESCRIPTION OF THE WEST TEXAS STREET (HWT) DISTRICT; ADJUSTING PERMIT REQUIREMENT THRESHOLDS FOR HEART OF FAIRFIELD PLAN ZONING DISTRICTS; CREATING DEFINITIONS FOR AMENITY ZONE, ACTIVITY ZONE, AND TRANSPARENCY; AND AMENDING CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING MAP, REZONING A PARCEL AT 1100 TEXAS STREET (APN: 0030-174-080) FROM PUBLIC FACILITIES (PF) DISTRICT – DOWNTOWN AREA PARKING (P1) OVERLAY DISTRICT TO DOWNTOWN (HD) DISTRICT – DOWNTOWN AREA PARKING (P1) OVERLAY DISTRICT, AND PARCELS AT 601 BECK AVENUE (APN: 0028-920-300), 649 BECK AVENUE (APN: 0028-920-290), AND 699 BECK AVENUE (APN: 0028-920-280) FROM COMMUNITY COMMERCIAL (CC)

DISTRICT TO HWT DISTRICT

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

SECTION 1. Statement of Intent

A. The City of Fairfield has an adopted Zoning Ordinance and Zoning Map to address development, consistent with the Fairfield General Plan, Heart of Fairfield Plan, and city policy.

B. From time to time, it is necessary to revise the Zoning Ordinance and the Zoning Map to address new issues, correct typographical errors, make minor organizational revisions, clarify language, incorporate amendments that implement city policy and practice, bring the Zoning Ordinance into conformance with General Plan goals, objectives, and policies, and bring the Zoning Ordinance into full compliance with state law.

C. On September 28, 2022, and November 9, 2022, the Planning Commission was presented with the revisions to the Zoning Ordinance as contained herein and, after holding a duly noticed public hearing, voted to recommend that the City Council approve the proposed revisions.

D. The council held a duly noticed public hearing on January 17, 2023, on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations.

SECTION 2. Chapter 25, Article I, Section 25.12.3 of the Municipal Code, also known as the Zoning Map, is hereby amended as shown on the Sectional Zoning Map (ZC2022-001) attached hereto as Exhibit B and (ZC2022-003) attached hereto as Exhibit C.

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Section 25.47.5 Findings. The City Council finds as follows:

A. The proposed amendment is consistent with the goals, policies, and actions of the General Plan. The subject parcels are located within the Heart of Fairfield Plan area and have a General Plan land use designation of Special Study Area, as a result. The proposed Zone Changes are consistent with the following General Plan objective: Objective LU19:

Encourage intensification in the Heart of Fairfield, including downtown and West Texas Street. The subject parcels are sited at the corners of Beck Avenue at West Texas Street and Cadenasso Drive, and 1100 Texas Street. Rezoning the subject parcels at 1100 Texas Street from PF (Public Facilities) District – Downtown Area Parking (P1) Overlay District to HD (Downtown) District – Downtown Area Parking (P1) Overlay District, and 601, 649, and 699 Beck Avenue from CC (Community Commercial) District to HWT (West Texas Street) District would facilitate the intensification through development regulations that allow for a higher residential density within a denser built environment.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. The proposed Zone Changes to HWT (West Texas Street) District and HD (Downtown) District – Downtown Area Parking (P1) Overlay District will not introduce uses that will have a detrimental impact on the surrounding area or the city in general or that are not already anticipated within the vicinity of the subject parcels.

Additionally, there are no proposed developments in conjunction with the proposed Zone Changes. Any new development that results from the Zone Changes would be subject to Zoning Ordinance standards and development requirements to ensure there are no adverse impacts on the surrounding area.

C. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments . The Zone Change would rezone the subject parcels at 601, 649, and 699 Beck Avenue from CC (Community Commercial) District to HWT (West Texas Street) District. Both zoning designations allow for commercial and mixed-use development. The HWT also allows for residential-only developments. The subject parcels are sited within an area that is anticipated to have a collection of commercial, residential, and civic us es. Rezoning the subject parcels to HWT District would result in uses that complement these anticipated uses. Furthermore, the subject parcels are physically suitable for development required under the HWT District in that they are accessible via West Texas Street, Beck Avenue, and Cadenasso Drive and are appropriate for compact, urban development. The Zone Change would also rezone 1100 Texas Street from PF (Public Facilities) District – Downtown Area Parking (P1) Overlay District to HD (Downtown) District – Downtown Area Parking (P1) Overlay District. The subject parcel is sited at the corner of Texas Street, Taylor Street, and Empire Street, and physically suitable for development under the HD District in terms of access, utilities, and compatibility with surrounding uses. The surrounding area is Packet Page 424 of 812Attachment 3 Page 2 of 25

ORD. NO. 2023-03

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anticipated to see a collection of commercial, residential, and civic uses in an urban built environment.

D. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA). The certified Environmental Impact Report for the adopted Heart of Fairfield Plan anticipates up to 1,600 new residential unit s and up to 140,000 square feet of new commercial and office space throughout the Heart of Fairfield Plan area. The proposed Zone Changes will not cause an increase over the residential units or the commercial and office square footage anticipated in the Environmental Impact Report.

SECTION 3. Chapter 25, Article I, Section 25.23.1.B is hereby amended to read as follows:

B. HWT (West Texas Street). The HWT zoning district applies to areas west of Pennsylvania Avenue adjacent to the West Texas Street corridor but also including residential, undeveloped, and mixed use properties south of the corridor proper. Development in this district is intended to implement the vision of the Plan for a mixed use, higher density residential corridor with commercial uses that support residential development. Off the West Texas Street corridor proper, development will focus on higher density and medium density residential development, including apartments, townhouses, and limited small lot single family development. Typical uses include neighborhood serving retail, specialty retail, restaurants (not including drive through food service), education, office uses, and limited handicraft and repair businesses. The district is not intended for vehicle sales and service uses. The HWT zoning district is consistent with the Mixed Use-West Texas Street land use category of the Heart of Fairfield Plan.

SECTION 4. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.2 Allowed Uses and Permit Requirements, Table 25-H1 is hereby amended to (1) remove “Building and landscape material sales” as a permitted use in the HWT District; (2) conditionally permit “Plant nursery – landscape” in the HWT District; (3) conditionally permit “Personal care and domestic services” in the Downtown Core (HDC) District on the ground floor; (4) permit “Tattoo Parlor” on the upper floors in the Downtown (HD) District and HDC District, and the Mixed Use Office (HO) District, HWT District, and Transit-Oriented Development (HTD) District; (5) remove “Animal kennel” as a conditionally permitted use in the HWT District; (6) add “Section 25.32.12” in the Additional Regulations column next to “Boarding houses, large”; (7) permit “Boarding houses, small” on the upper floors in the HD District and HDC District; (8) add “Note 9” and “Section 25.32.12” to the Additional Regulations column next to “Boarding houses, small”; (9) remove “Dwelling, single family detached” as a permitted use on upper floors in the HD District and conditionally permitted use on the ground floor and upper floors in the HDC District, and add “Note 11” to the Additional Regulations column next to “Dwelling, single family detached”; (10) add “Note 11” next to “ Animal, Fowl, and Bee Keeping (Non Commercial)” in the Additional Regulations column; (11) permit “Garage conversions” in the HTD District and add “Note 11” in the Additional Regulations column; (12) add “Section 25.20.4.4” and “Note 11” in the Additional Regulations column next to “Garage and estate sales”; (13) add “Section Packet Page 425 of 812Attachment 3 Page 3 of 25

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25.20.4.5” and “Note 11” in the Additional Regulations column next to “Home Occupations”; (14) remove “Helipad” as a conditionally permitted use in the HWT District; (15) remove “Heliport” as a conditionally permitted use in the HO District; (16) remove “Transit station or terminal” as a permitted use in the HWT District and HTD District; (17) conditionally permit “Parking facility, non-residential” in the HWT District and HTD District (18) remove “Private transportation service” as a permitted use in the HWT District; (19) amend “Note 11” to include a reference to the HDC District; (20) amend “Note 13” to include Beck Avenue; and (21) create a “Note 19” and add it to Table 25-H1 and the Additional Regulations column next to “Personal care and domestic services” as follows:

P P P P - P - - -
New merchandise sales-
greater than 80,000 square
feet
- - - - - C - - -
Antique, jewelry and
collectibles shop

P P P P - P - - -
Apparel and shoes P P P P - P - - -
Automobile Parts and
Accessories
- - - - - P - - -
Building and landscape
material sales
- - - - - P - - - -
Commercial Cannabis
Business, Retail
- - - - - P - - - Chapter 10E
(Commercial
Cannabis
Business)
Notes 17, 18
Florist P P P P P P P - -
Furniture, fixtures, and
appliance sales

P P - P - P - - -
Market, convenience - - - - - C C - C
Market, grocery or
supermarket

P P - - - P - - -
Music Shop P P P P - P - - -
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P P P P - P P - C
Pawn shop - - - - - - - - -
Pet Stores and Pet Supplies P P P P - P - - - Photo, Video, Electronics P P P P P P P - - Plant nursery - landscape - - - - - P C - - - Tobacco Sales (Specialty) and
Smoke Shops
C C C C - - - - - Sec. 25.22.4.7
Used Merchandise Sales C C - - - P - - -
Consignment Shop P P P P - P P - -

Health and Veterinary Services
Ambulance service - - - - - P - - -
Animal clinic or grooming P P - - P P - - - Animal hospital - - - - P P - - -
Animal kennel - - - - - C - - - -
Emergency medical care - - - - P P - - -
Hospital - - - - C P P - -
Nursing home - - - - C C - - -

General Services
Auction (indoor) - - - - - P - - -
Auction (outdoor) - - - - - - - - -
Bed and breakfast inn C C - C C P P P -
Business support services C P C C P P P - - Equipment rental (outdoor) - - - - - - - - - Equipment rental (indoor) P P C P P P P - - Funeral and interment services - - - - C P - - - Hotel C C P P - P - - - Sec. 25.22.4.2
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P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Motel - - - - - - - - -
Hotel, Extended Stay C C P P - P - - - Sec. 25.22.4.2 Motel, Extended Stay - - - - - - - - -
Maintenance & repair,
machinery & small engine
- - - - - C - - - Note 15
Maintenance & repair,
personal and household items

P P P P P P P - P
Mini-storage - - - - - - - - -
Personal care and domestic
services
P P P C P P P P - P Note 8
Note 19
Personal care and domestic
services - Limited
- - - - - P - - - Sec. 25.32.16
Tattoo Parlor - - P - - P - P C P - P - - Collection Containers - - - - - - - - -
Recycling collection facility -
small
- - - - - C - - - - Sec.

25.22.32.7 Residential
Boarding houses, large - - - - C P P C - Note 9 Sec. 25.32.12
Boarding houses, small - - P - - P P P - C - Note 9 Sec. 25.32.12
Adult Day Care Facility - - - - C C C C -
Assisted Living Facility - - - - C C C C -
Duplex P P - - P P C P - Note 11
Duet P P - - P P C P - Note 11
Dwelling, multi-family P P - P P P P P - Note 11 Dwelling, single family
detached
P P - C - C - P P P P - Note 11
Family day care, Large and
Small
P P C C P C - P - Note 11
Community Care Facility-
Residential
- - - - P P C P -
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Residential Accessory Uses and Improvements
Accessory dwelling units Section 25.20.4.11
Accessory structures and
improvements
P - P - P P P P - Sec. 25.20.4.1
Animal, Fowl, and Bee Keeping
(Non Commercial)
P - P - P P P P - Chapter 3
Note 11
Garage conversions P - P - P P - P P - Note 11 Sec. 25.20.4.3
Garage and estate sales P - P - P P P P - Note 11 Sec. 25.20.4.4
Home Occupations P P P P P P P P Note 11
Sec. 25.20.4.5
Subdivision model homes P - P - P P P P - Note 11 Subdivision estate trailers
(temporary)
P - P - P P P P - Note 11

Transportation and Communication
Antenna or communication
facility
- C - C C C C - C
Helipad - - - - - C - - - C
Heliport - - - - C - - - - -
Moving and Drayage Services - - - - - - - - - Transit station or terminal - - - - - P - P - - P Parking facility, non-residential C C C C C P C P C - P Note 10 Private transportation service - - - - - P - - - P Truck stop - - - - - - - - -

(1) Repealed by Ord. No. 2020-06.

(2) Assembly uses (including churches) in the HDC and HD zone are not permitted on any parcel fronting Texas Street, Madison Street, or Jefferson Street south of Texas Street.

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(3) City regulations, standards, and design guidelines shall apply to Public and quasi -public utility facilities only to the extent that the City is not preempted by Federal and State law and the State Public Utilities Commission.

(4) A Conditional Use Permit shall be required for any service station in which the sale of alcoholic beverages, i.e., beer, wine, or distilled spirits, is proposed as part of the convenience market associated with the service.

(5) No vehicle may be stored or displayed on any vacant site or at any vacant commercial/industrial location except when approved as part of an auto dealership.

(6) Within the HDC and HD Zoning Districts, no first floor office uses are permitted facing Texas Street or with door opening onto Texas Street. Only office uses open to foot traffic and with regular walk -in customers shall be permitted.

(7) Within HD and HDC Zoning Districts, business spaces shall incorporate more than 70% of the floor area for retail display with no more than 30% of the area devoted to warehousing or storage of merchandise. The retail or service business shall be open to foot traffic during periods of typical business hours.

(8) Spa and massage therapy facilities shall comply with Chapter 10A

(9) Transitional and supportive housing are not regulated as a separate land use. Rather, it is a means of occupying a residential land use (e.g. single family detached housing, duplex, multifamily) and such occupancy must meet all existing standard requirements for the underlying residential land use and the residential unit. Determinations regarding the permissiveness of transitional housing will depend on the number of independent arrangements between tenants and the operator of the service. For example, more than two independent arrangements within a single housing unit will be regulated as a boarding house.

(10) Surface parking lots are not permitted on Texas Street in the HD and HDC Zoning Districts.

(11) Housing is not permitted on the first floor of Texas Street in the HD and HDC Zoning Districts.

(12) Restaurants with doors or windows opening onto Texas Street in the HD and HDC Zoning Districts shall include a defined outdoor seating area.

(13) In HWT Zone, commercial uses are permitted only on parcels with direct access to West Texas Street and Beck Avenue.

(14) Residential uses in the CD zoning district shall comply with the development standards in the HO Zoning District.

(15) Permitted only if all activity, including storage of equipment and supplies, occurs indoors.

(16) Coworking spaces are conditionally permitted on the ground floor of buildings facing Texas Street in the HD and HDC Zoning Districts. In the HD and HDC Zoning Districts, coworking spaces are permitted on gro und floors and upper floors facing streets other than Texas Street.

(17) Retail sales of cannabis shall not be located on any commercial or industrial property within the area bounded by Travis Blvd., Pennsylvania Ave., and Gateway Blvd.

(18) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as defined in Chapter 10E of the Fairfield Municipal Code. The distance measured Packet Page 430 of 812Attachment 3 Page 8 of 25

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shall be the horizontal distance measured in a straight line from the property line of the parcel with the sensitive use to the closest property line of the lot on which the cannabis business is located.

(19) Personal Care and Domestic Services uses shall be limited to a maximum of 15 establishments in the H DC District on the ground floor.

SECTION 5. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section

25.23.3, General Development Regulations, Table 25-H2 is hereby amended to (1) update the “Commercial Buildings – Where Permitted” row to add that commercial buildings only permitted on parcels with Beck Avenue access in addition to West Texas Street for the HWT District ; (2) increase the building height limit to 45 feet for the HO District; (3) amend “Note 3” to also allow 50 percent of any required parking to be provided on a publicly accessible parking facility within 750 feet of a parcel line; (4) revise “Note 5” to also reference a definition for “Amenity Zone” in Section 25.50.2.A; and (5) revise “Note 6” to also reference a definition for “Activity Zone” in Section 25.50.2.A as follows:

Site Planning
Lot Area (sq.ft. for
new subdivisions only)
6,000 10,000 6,000 15,000
Lot Dimensions (for
new subdivisions only)

Width 60' 80' 60' 100'
Depth 100' 120' 100' 150'
Floor Area Ratio 3.0 2.0 2.0 3.0 Note 1
Commercial Buildings-
Where Permitted
No restrictions Commercial buildings
permitted only on
parcels with West
Texas Street and Beck
Avenue access
No restrictions No restrictions
Parking Note 2, Note 3
Number of spaces
required
See Sections 25.28.3
and 25.34
See Section 25.34 See Section 25.28.3
and 25.34
See Section 25.34
Private surface lot
location and access
Rear or side only. No
access from Texas
Street.

Rear or side only Rear or side only Rear or side only
Landscaping
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Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings Regulations
(all figures are
minimums measured
from property lines
and in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield Land
Use Designation CD-CDC MU-WTS MU-O MU-TOD
Depth @ street
frontage
4' 10' 8' 5' Note 5, Note 6
Depth @ interior
property line
0' 5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or use
0' 5' 5' 5' Note 5
Street tree spacing
(one tree for each ...)
30' 30' 30' 30'
Outdoor Seating or
Merchandise Display
See Section 25.32.9
Activity Zone 4' along Texas Street;
0' elsewhere
0' 0' 4' Note 7

Buildings
Building Height Limit 50' 50' 35' 45’ 65' Note 1
Number of Habitable
Floors
2 minimum 2 minimum No requirement Exactly 2 floors facing Webster Street; 3
floors facing other
streets

Building-Streetscape
Interface

Ground floor ceiling
heights
14' Note 4, Note 9
Ground floor
transparency
75% on Texas Street;
50% on other streets
50% 50% 50% Note 4, Note 9
Upper floor
transparency
30% 30% 30% 30% Note 4, Note 9
Front pedestrian
entrance from street
Required; may provide private entrances off a courtyard with a shared entrance off street Note 4 Setbacks
Front and street side
minimum (maximum
setbacks)
0'; (5') 11' (16') 12' measured from
back of curb
(15' measured from
curb)
13' measured from
back of curb (15'
measured from curb)
Note 10
Interior side
... minimum 0' on Texas Street; 10'
on other streets
0' where permitted 10' 10'
... abutting
residential zone or use
0' on Texas Street; 10'
on other streets
0' where permitted 10' 10'
Rear
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Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings Regulations
(all figures are
minimums measured
from property lines
and in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield Land
Use Designation CD-CDC MU-WTS MU-O MU-TOD
... minimum 10'; 0' facing alley 15' 10' 10' Note 8
... abutting
residential zone or use
10' 15' 10' 10'
Upper floor (fourth
floor and higher)
additional setbacks
0' in HDC and in HD
for buildings fronting
on Texas Street; 10'
setback from edges of
building façade on
other streets.
10' additional
setbacks from edge of
building façade
15' additional setbacks
from edge of building
façade
10' additional
setbacks from edge of
building façade

Notes:

(1) An increase in the Floor Area Ratio or Building Height is allowed with the approval of a Conditional Use Permit (see Section 25.40.6).

(2) Refer to P-1 Overlay District to understand when parking is required.

(3) Fifty percent of any required parking may be provided through on -street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel within 750 feet of the parcel line . Fifty percent of any required parking may also be provided at a publicly accessible parking facility, the use of which is not limited to a specific use or activity, within 750 feet of the parcel line.

(4) In the HWT Zone, this applies only to properties with access from West Texas Street.

(5) Landscaping depth includes required “Amenity Zone” improvements in the public right -of-way described in Table 4.1 in the Heart of Fairfield Plan (and defined in Section 25.50.2.A). In areas where the Amenity Zone contains street tree grates, the area between the gates may be comprised of sidewalks and other Amenity Zone improvements authorized by the Plan or consistent with the Downtown Streetscape Project.

(6) Landscaping depth may include “Activity Zone” improvements described in Tabl e 4.1 of the Heart of Fairfield Plan (and defined in Section 25.50.2.A).

(7) See Heart of Fairfield Plan for description of the Activity Zone.

(8) In the HWT Zone, an additional 1' of setback shall be provided for each 1' of building height over 2 0', up to 40' maximum setback.

(9) Transparency is defined as vertical surfaces constructed with transparent materials (e.g., glass windows or storefronts).

(10) In the HWT Zone, for properties located in the “bookends” defined in the Heart of Fairfield Plan, an additional 4' front setback applies.

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SECTION 6. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section

25.23.3, General Development Regulations, Table 25-H3 is hereby amended to (1) reduce the parking requirement for the HWT District to 1 space per unit; (2) increase the building height limit to 45 feet for the HO District; (3) amend “Note 2” to also allow 50 percent of any required parking to be provided on a publicly accessible parking facility within 750 feet of a parcel line; (4) revise “Note 3” to also reference a definition for “Amenity Zone” in Section 25.50.2.A; and (5) revise “Note 4” to also reference a definition for “Activity Zone” in Section 25.50.2.A as follows:

Site Planning
Density (dwelling
units per acre)
15-48 15-48 8-35 20-80 8-35 Note 1
Lot Area (sq.ft., for
new subdivisions
only)
7,500 7,500 7,500 7,500 7,500
Lot Dimensions (for
new subdivisions
only)

Width 50' 50' 50' 50' 50'
Depth 150' 150' 150' 150' 150'
Lot Coverage (%) 100% 60% 60% 60% 60% Note 1
Multifamily
Building-Where
Permitted
Not permitted to
face onto Texas
Street
No restrictions No restrictions No restrictions No restrictions Parking
Number of
spaces required
1 space per unit See Table 25-4
1 1/3 spaces per
unit
1 1/3 spaces per
unit
1 1/3 spaces per
unit
1 1/3 spaces per
unit
Note 2
Private surface
lot location and
access
Rear or side only;
no access from
Texas Street
Rear or side only Rear or side only Rear or side only Rear or side only; rear alley access
only

Open Space and
Recreational
Amenities

Common open
space (as
0% 25% 25% 0% 25% Includes shared
courtyards and
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Table 25-H3: Development Regulations for Multifamily Buildings Regulations
(all figures are
minimums
measured from
property lines and
in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD HR
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD RM-D
percentage of net
parcel area)
useable yards.
50% of common
open space must
be “usable” as
defined in Section

25.20.4.8 A. Note
9, Note 10
Private open
space (ground
floor/upper floor in
square feet)
48 Buildings fronting
West Texas Street:
48 sf; other
streets: 80/48
80/48 48 80/48 Includes balconies,
rooftop open
spaces,
courtyards, yards.

For buildings
facing West Texas,
solid portions of
fence enclosing
open spaces
cannot exceed 42"
in height
Recreational
amenities
Required Required See Section

25.20.4.8 B. Note
10 Landscaping
Depth @ street
frontage
4' 10' 8' 5' 8' Note 3, Note 4,
Note 10
Depth @ interior
property line
0' 5'; 0' if side
building setback is
0'
5' 5' 5'
Depth adjacent
to residential zone
or land use
0' 5' 5' 5' 5'
Street tree
spacing (one tree
for each ...)
30' 30' 30' 30' 30'
Laundry Facilities Required
Storage Space
(private square
footage per unit)
100 cubic feet per unit
Trash Enclosures
(including
recyclables)

Required Section 25.30.7

Buildings
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Table 25-H3: Development Regulations for Multifamily Buildings Regulations
(all figures are
minimums
measured from
property lines and
in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD HR
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD RM-D
Building Height
Limits
60' 50' 35' 45’ 65' 35'; except 40' on
Broadway or
Pennsylvania
Note 1
Number of
Habitable Floors
2 minimum 2 minimum No Minimum Exactly 2 floors
facing Webster
Street; 3 floors
facing other
streets
2 floors required
on Broadway and
Pennsylvania

Building-
Streetscape
Interface

Garage location
and entrance
Garages may not face public street(s) unless located on back half of lot Ground floor
transparency
50% 50% 30% 30% 30% Note 6
Upper floor
transparency
30% 30% 30% 30% 30% Note 6
Front pedestrian
entrance from
street
Required; may provide private entrances off a courtyard with a shared entrance off street

Notes:

(1) An increase in the Floor Area Ratio or Building Height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(2) Fifty percent of any required parking may be provided through on-street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel within 750 feet of the parcel line . Fifty percent of any required parking may also be provided at a publicly accessible parking facility, the use of which is not limited to a specific use or activity, within 750 feet of the parcel line.

(3) Landscaping depth includes required “Amenity Zone" improvements in the public right -of-way described in Table 4.1 in the Heart of Fairfield Plan (and defined in Section 25.50.2.A). In areas where the Amenity Zone contains street tree grates, the area between the gates may be comprised of sidewalk and other Amenity Zone improvements authorized by the Plan or consistent with the Downtown Streetscape Project.

(4) Landscaping depth may include “Activity Zone" improvements described in Table 4.1 of the Heart of Fairfield Plan (and defined in Section 25.50.2.A).

(5) Restrictions not applied to garages facing an alley or located on the rear half of lot.

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(6) Transparency is defined as vertical surfaces constructed with transparent materials (e.g., glass windows or storefronts).

(7) Where public utilities are located between buildings, separation shall be min imum 30'.

(8) In the HWT Zone, for properties located in the “bookends” defined in the Heart of Fairfield Plan, an additional 4' front setback applies.

(9) For projects within 1/2 mile of a public park or other offsite open space or amenity, common open space may be reduced to that necessary to meet landscaping and setback requirements.

(10) Landscape and hardscape improvements within the current public right of way that provide recreational or open space amenities as envisioned in the Heart of Fairfield Plan may be counted towards the common open space, landscaping, and recreational amenity requirements.

SECTION 7. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section

25.23.3, General Development Regulations, Table 25-H4 is hereby amended to (1) update the “Commercial Buildings – Where Permitted” row to add that commercial buildings are only permitted on parcels with Beck Avenue access in addition to West Texas Street for the HWT District; (2) reduce the residential parking requirement for the HWT District to 1 space per unit; (3) increase the building height limit to 45 feet for the HO District; (4) revise “Note 2” to also reference a definition for “Amenity Zone” in Section 25.50.2.A; (5) revise “Note 3” to also reference a definition for “Activity Zone” in Section 25.50.2.A; and (6) revise “Note 5” to also allow 50 percent of any required parking to be provided on a publicly accessible parking facility within 750 feet of a parcel line as follows:

Site Planning
Density (dwelling units
per acre)
15-48 15-48 8-35 20-80 Note 1
Lot Area (sq. ft., for
new subdivisions only)
No Minimum 7,500 7,500 7,500
Lot Dimensions (for
new subdivisions only)

Width N/A 50' 50' 50'
Depth N/A 150' 150' 150'
Floor Area Ratio 3.0 2.0 0.6 3.0 Note 1
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Table 25-H4: Development Regulations for Mixed Use
(Properties with a Mixture of Residential and Commercial Development) (all figures are
minimums measured
from property lines
and in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield Land
Use
Designation CD-CDC MU-WTS MU-O MU-TOD
Multifamily Housing-
Where Permitted
Not permitted on first
floor of Texas Street
No restrictions No restrictions No restrictions
Commercial Buildings-
Where Permitted
No restrictions Commercial buildings
permitted only on
parcels with West
Texas Street and Beck
Avenue access
No restrictions No restrictions
Parking
Number of spaces
required-residential
1 space per unit For 15-32 du/acre:

Table 25-4;
For 32-48 du/acre: 1
space per unit 1
space per unit
1 space per unit 1 space per unit Note 4
Number of spaces
required-commercial
See Section 25.28.3,
Section 25.34
Section 25.34 See Section 25.28.3,
Section 25.34
Section 25.34
Private surface lot
location and access
Rear or side only; no
access from Texas
Street
Rear or side only
Open Space and
Recreational Amenities

Common open space
(as percentage of net
parcel area)
0% 25% 25% 0% Note 9, Note 10
Private open space
(ground floor/upper
floor in square feet)
48 Buildings fronting
West Texas Street:
48; other streets:
80/48
80/48 48
Recreational
amenities
Required See Section

25.20.4.8(B)
Landscaping Note 2, Note 3, Note
9 Depth @ street
frontage
4' 10' 8' 5' Note 9
Depth @ interior
property line
0' 5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or land
use
0' 5' 5' 5'
Street tree spacing
(one tree for each ...)
30' 30' 30' 30'
Laundry Facilities Required
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Buildings
Building Height Limit 60' 50' 35' 45’ 65' Note 1
Number of Habitable
Floors
2 minimum 2 minimum No minimum Exactly 2 floors facing
Webster Street; 3
floors facing other
streets

Building-Streetscape
Interface

Garage location and
entrance
Garages may not face public streets unless located on back half of lot Ground floor ceiling
heights
14' 14' No Requirement 14' Note 7
Ground floor
transparency
50% 50% 30% 30% Note 6
Upper floor
transparency
30% 30% 30% 30% Note 6
Front pedestrian
entrance from street
Required; may provide private entrances off a courtyard with a shared entrance off street Setbacks Note 2
Front and street side
minimum setbacks
(maximum setbacks)
0' minimum, (5'
maximum)
11' (16' maximum) 12' measured from
back of curb (15'
measured from
property line)
13' measured from
back of curb (15'
measured from
property line)
Note 8
Interior side:
... minimum
0' on Texas Street, 10'
on other streets
0' On West Texas
Street; 10' in other
locations
10' 10'
Rear
... minimum 10'; 0' facing alley 15' 10' 10'
Accessory structures: 5' 5' 5' 5'
Between any two
buildings: front to front
15' minimum, 30' average
Between any two
buildings: front to rear
Not permitted
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Table 25-H4: Development Regulations for Mixed Use
(Properties with a Mixture of Residential and Commercial Development) (all figures are
minimums measured
from property lines
and in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield Land
Use
Designation CD-CDC MU-WTS MU-O MU-TOD
Between any two
buildings: rear to rear
26'
Between any two
buildings: side to side
Exactly 0' or 10' Exactly 0' or 10' 10' Exactly 0' or 10' Upper Floor
Encroachments
3' projection of
architectural features
into setbacks
5' projection of
architectural features
into front setbacks, 0'
into rear
5' projection of
architectural features
into front setbacks, 0'
into rear
5' projection of
architectural features
into front setbacks, 0'
into rear

Notes:

(1) An increase in the Floor Area Ratio or Building Height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(2) Landscaping depth includes required “Amenity Zone” improvements in the public right-of-way described in Table 4.1 in the Heart of Fairfield Plan (and defined in Section 25.50.2.A). In areas where the Amenity Zone contains street tree grates, the area between the gates may be comprised of sidewalk and other Amenity Zone improvements authorized by the Plan or consistent with the Downtown Streetscape Project.

(3) Landscaping depth may include “Activity Zone” improvements described in Table 4.1 of the Heart of Fairfield Plan (and defined in Section 25.50.2.A).

(4) Fifty percent of any required parking may be provided through on -street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel within 750 feet of the parcel line . Fifty percent of any required parking may also be provided at a publicly accessible parking facility, the use of which is not limited to a specific use or activity, within 750 feet of the parcel line.

(5) Restrictions not applied to garages facing an alley or located on the rear half of lot.

(6) Transparency is defined as vertical surfaces constructed with transparent materials (e.g., glass windows or storefronts).

(7) Ground floor ceiling height may be reduced for first floor residential development.

(8) In the HWT Zone, for properties located in the “bookends” defined in the Heart of Fairfield Plan, an additional 4' front setback applies.

(9) Landscape and hardscape improvements within the current public right of way that provide recreational or open space amenities as envisions in the Heart of Fairfield Plan may be counted towards the common open space, landscaping, and recreational amenity requirements.

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(10) For projects within 1/2 mile of a public park or other offsite open space or amenity, common open space may be reduced to that necessary to meet landscaping and setback requirements.

SECTION 8. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section

25.23.3, General Development Regulations, Table 25-H5 is hereby amended to (1) reduce the required interior side yard setback for single-family homes; (2) create a “Note 8” indicating that the interior side-yard setback may be reduced to three feet for structures in compliance with all applicable Uniform Building Code regulations; and (3) add “Note 8” in the “Sections and Footnotes” column next to Interior Side as follows:

Table 25-H5: Development Regulations for Single Family Homes (all figures are minimums
measured from property lines
and in linear feet unless
otherwise indicated) HWT HO HR
Sections and Footnotes
Heart of Fairfield Land Use
Designation MU-WTS MU-O RM-D

Buildings
Dwelling unit size (minimum) 200 square feet
Lot Coverage Maximum
60% Accessory structure lot
coverage regulated by
Section 25.20.4.1
Building Height Limit 35 Note 4
Garage Width-Maximum
Percentage of Façade Width
(front of street side elevation)
60% Not applied when
garages face an alley or
located on the rear half
of lot
Setbacks to garages
if garage faces any street 18'

if garage faces interior side
yard
15'
if garage faces alley or
courtyard
5' exactly or 18'
Accessory Structures Accessory structure setbacks regulated by Section 25.20.4.1

Setbacks to Habitable
Structures

Front or street side
minimum (maximum)
11' (16') where permitted 12' measured from back
of curb (15' measured
from property line)
10' (20')
Front faces private
courtyard
5'
Interior side 5' Either 0’, 4’, or as necessary to provide private open space Note 8 Rear 10'
Upper Floor Encroachments
5' projection of
architectural features into
front setbacks, 0' into rear
5' projection of
architectural features into
front setbacks, 0' into rear
None Specified
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Notes:

(1) Parking may also be provided off-site within 750 feet of the residential parcel lines.

(2) Required private open space shall not be located in the required front yard setback, and shall have a minimum uncovered dimension of 10 feet. Partially covered or enclosed rear yard areas shall be allowed to be counted towards 50% of the required open space as long as they are completely open to the rear yard on a minimum of two sides.

(3) Housing fronting on an alley is permitted only when the alley development represents at least 1/2 block face and provides a fully improved residential environment along the alley with landscaping and street trees.

(4) An increase in Building Height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(5) Private open space may be reduced to 80 square feet with a minimum dimension of 8' when the project provides at least 200 square feet per dwelling unit of common open space developed for multiple active uses, such as playgrounds, play courts, barbecue areas, pool, etc.

(6) Houses may be developed on a single parcel where common land ownership is 1) held by a homeowners association or a landlord and 2) when the approved development plan identifies private use areas for each unit that are the equivalent of property lines for site planning and setback purposes.

(7) If individual toters for each unit are used, an enclosure screened from view shall be provided.

(8) Interior side-yard setback may be reduced to three feet for structures complying with all applicable Uniform Building Code regulations.

SECTION 9. Chapter 25, Article I, Section 25.40 Permits, Section 25.40.4, Table 25-18 Development Permit Requirements is hereby amended to (1) add two rows under “Multifamily” noting that Minor Development Review is required for 1 to 150 units and that Development Review is required for 150 or more units in the Heart of Fairfield Plan zoning districts; (2) remove one row under “New buildings or shopping centers” requiring Development Review for new commercial buildings over 5,000 square feet in the former CD District and CDC District; (3) remove one row under “Building additions” requiring Development Review for new commercial building additions over 5,000 square feet in the former CD District and CDC District; and (4) create a “Note 5” clarifying that mixed-use developments involving residential and commercial uses subject to the multifamily development permit requirements and add “Note 5” in the Applicable Sections and Notes column next to “Multifamily” as follows:

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Table 25-18: Development Permit Requirements

Activity or
Improvement Required Approval or Permit
Applicable
Sections & Notes
(all building sizes
listed below are
the total gross
floor area of a
project, unless
otherwise
indicated) Zoning Clearance Plan Review
Minor
Discretionary
Minor Devel.

Review
Development
Review
Residential Improvements
Custom Home - - X - -
Single family
detached (tract
housing):

... on min. lot sizes
of 5000 s.f. or
more
- - - X -
... on min. lot sizes
less than 5000 s.f.

... 1 to 10 units - - - X -
... 11 or more
units
- - - - X Note 1
Single family
attached:

... 1 to 10 units - - - X -
... 11 or more units - - - - X Note 1
Multifamily: Note 5
... 1 to 25 units - - - X -
... 26 or more units - - - - X
... 1 to 150 units in
the Heart of
Fairfield Plan
zoning districts.
- - - X -
.. 150 or more
units in the Heart
of Fairfield Plan
zoning districts.
- - - - X
Additions or
accessory
structures:

... single family
detached or
attached lot

X - - - -
... multifamily lot - - X - -
Site plan,
landscape or
facade alterations:

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Table 25-18: Development Permit Requirements

Review
Development
Review
... single family
detached or
attached lot
- - - - -
... multifamily lot - - X - -
Alteration or
addition to historic
structure or
grounds:

... Minor - - X - -
... Major - - - X -
... Demolition - - - - X
Model home
complex
- - X - -
Commercial, Institution and Public Improvements
New buildings or
shopping centers:

... less than 25,000
s.f. (except as
listed below)
- - - X -
... 25,000 s.f. or
larger
- - - - X
... any building
with drive-through
facilities
- - - - X
... over 5000 s.f. in
the CD or CDC
zoning districts
- - - - X
Building additions:
... less than 2500
s.f.
- - X - -
... 2500 to 25,000
s.f. (except as
listed below)
- - - X -
... over 25,000 s.f. - - - - X
... over 5000 s.f. in
the CD or CDC
zoning districts
- - - - X
Facade alterations - X X - - Note 3
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Table 25-18: Development Permit Requirements

Review
Development
Review
Site plan or
landscape
alterations:

... Minor - X X - - Note 3
... Major (projects
subject to CEQA)
- - - X -
New parking lot on
vacant parcel
- - - X -
Alteration or
addition to historic
structure or
grounds

Minor - X X - - Note 3
Major - - - X -
Demolition - - - - X

Notes:

(1) At the time of a Development Review approval for single family tract housing, the Planning Commission may authorize that subsequent phases of the project consistent with an approved community design plan be approved with an application for Minor Development Review (vs. Development Review) in order to streamline the review of what would be a routine application.

(2) Design changes to an approved but not built home are subject to Minor Discretionary Review.

(3) Plan Review is applied to very minor architectural site planning and architectural changes which require minimal construction.

(4) Requires notification of all property owners within 300 feet of the residence.

(5) Mixed-use developments involving residential and commercial uses subject to the multifamily development permit requirements.

SECTION 10. Chapter 25, Article I, Section 25.50 Definitions of Terms and Phrases, Section

25.50.2 Land Use Definitions is hereby amended to include the following definitions as follows:

A. Land use definitions, “A”

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Activity Zone. The area between the sidewalk and a building reserved for landscaping, specialized events, outdoor restaurant seating and dining, recreation, or other formal activities.

Amenity Zone. The area between the roadway and sidewalk that is primarily used for landscaping, green infrastructure (bioswales), and lighting. This area may also be used for outdoor activities and furniture near mixed use and commercial uses.

B. Land use definitions, “T”

Transparency. The condition of a vertical surface that allows light to pass through so that objects behind can be clearly seen.

SECTION 11. The City Council hereby makes the following finding pursuant to the California Environmental Quality Act (CEQA):

The City Council determines that the proposed code text amendments to the Zoning Ordinance are exempt from CEQA under per the following CEQA Guidelines sections. Section 15182: Projects Pursuant to a Specific Plan, which exempts projects that are consistent with a specific plan adopted pursuant to Title 7, Division 1, Chapter 3, Article 8 of the Government Code . Section 15305: Minor Alterations in Land Use Limitations, in that the code text amendments constitute minor alterations to land use regulations, development standards, permit requirements, and definitions related to Heart of Fairfield Plan zoning districts. Section 15061(b)(3): Common Sense Exemption in that CEQA only applies to projects and activities for which there is the potential to have adverse impacts on the environment. Furthermore, the code text amendments will not result in new substantial physical changes that will have an adverse effect on the environment.

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SECTION 12. This Ordinance shall be effective 30 days following its adoption by the City Council .

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of January 2023, and

PASSED AND ADOPTED this ___ day of _________________, 2023, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
Packet Page 447 of 812Attachment 3 Page 25 of 25

I 80WOOLNER AVEB I80W TEXAS STOLIVER RDBECK AVUTAH STLINEAR PARK PATHWAYVINE DRCAD E
N
A
S
S
O

D
R

W TEXAS ST
OFF

BOYNTON AVHARTFORD AVVINE CTAUTO MALL PKWY
SUNHAVEN CIR BECK AV ONCHAMPAGNE CTTRANSIT CENTER LOOPW TEXAS ST UNDER I80

WOOLNER CTMERLOT CTENTERPRISE CT
CADENASSO DRI 80CC
CR
HWT
PF
CR
RLM:6
REC
HPF
CS
PF
RLM
RLM:5
CS
OSC
RLM:5
RM
RLM:5 OSC CS
RLM
CC
REC
±
LEGEND
Zone Designations
AG
CC
CD
CDC
CM
CN
CO
CR
CS
CT
IBP
IG
IL
ITP
OSC
PF
REC
RVL
RL
RLM
RM
RH
RVH
None
Overlays
-NC
-PD
-P1
-H
Agriculture
Community Commercial
Downtown Commercial
Downtown Commercial Core
Mixed Commercial
Neighborhood Commercial
Office Commercial
Regional Commercial
Service Commercial
Thoroughfare Commercial
Industrial Business Park
General Industrial
Limited Industrial
Industrial Technology Park
Open Space Conservation
Public Facilities
Recreation
Very Low Density Residential
Low Density Residential
Low-Medium Density Residential
Medium Density Residential
High Density Residential
Very High Density Residential
Not in City / No Pre-Zoning
North Cordelia Overlay
Proposed Development Overlay
Downtown Parking Overlay
Hillside Overlay
Zone Change CC to HWT
Parcels
Zoning
ZONING EXHIBIT601 Beck Avenue (APN: 0028-920-300), 649 Beck Avenue (APN: 0028-920-290), and 699 Beck Avenue (APN: 0028-920-280)

EXHIBIT A
Packet Page 448 of 812Attachment 4 Page 1 of 1

EMPIRE ST

TAYLOR STTEXAS ST MADISON STJACKSON STPENNSYLVANIA AVMISSOURI ST

KENTUCKY ST

DELAWARE STGREAT JONES STCANOVA LN

CROWLEY LN

W TEXAS STTYLER STPENNSYLVANIA AVPF
HR
HD-P1
HO-P1
HO-P1
HWT
HDC-P1
HD-P1
RLM:5
RLM:5
PF-P1
PF-P1
RLM:6
±
LEGEND
Zone Designations
AG Agriculture
CC Community Commercial
CD Downtown Commercial
CDC Downtown Commercial Core
CM Mixed Commercial
CN Neighborhood Commercial
CO Office Commerical
CR Regionaly Hwy Commercial
CS Service Commercial
CT Thoroughfare Commercial
HD Heart of Fairfield Downtown
HPF Heart of Fairfield Public Facility - Transit
HR Heart of Fairfield Residential
HO Heart of Fairfield Mixed Use Office
HTD Heart of Fairfield Transit-Oriented Development
HDC Heart of Fairfield Downtown Core
HWT Heart of Fairfield West Texas Street
IBP Industrial Business Park
IG General Industrial
IL Limited Industrial
OSC Open Space Conservation
PF Public Facilities
REC Recreation
RVL Very Low Residential
RL Low Residential
RLM Low-Medium Residential
RM Medium Residential
RH High Residential
RVH Very High Residential
None Not in City/ No Pre-Zoning
Overlays
-NC North Cordelia Overlay
-PD Planned Development Overlay
-P1 Downtown Parking Overlay
-H Hillside Overlay
Zone Change PF-P1 to HD-P1
Parcels
Zoning

ZONING EXHIBIT
1100 Texas Street (APN: 0030-174-080)

EXHIBIT B
Packet Page 449 of 812Attachment 5 Page 1 of 1

CITY OF FAIRFIELD

ORDINANCE NO. 2023-04

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I OF THE FAIRFIELD MUNICIPAL CODE, ALSO KNOWN AS THE

ZONING ORDINANCE, TO ADDRESS NEW ISSUES, CORRECT TYPOGRAPHICAL ERRORS, MAKE

MINOR ORGANIZATIONAL REVISIONS, CLARIFY LANGUAGE, BRING THE ZONING ORDINANCE INTO CLOSER ALIGNMENT WITH GENERAL PLAN GOALS, OBJECTIVES, AND POLICIES; AND

BRING THE ZONING ORDINANCE INTO FULL COMPLIANCE WITH STATE LAW

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

SECTION 1. Statement of Intent

A. The City of Fairfield has an adopted Zoning Ordinance to address development, consistent with the Fairfield General Plan and city policy.

B. From time to time, it is necessary to revise the Zoning Ordinance to address new issues, correct typographical errors, make minor organizational revisions, clarify language, incorporate amendments that implement City policy and practice, bring the Zoning Ordinance into closer conformance with General Plan goals, objectives, and policies, and bring the Zoning Ordinances into full compliance with State law.

C. On September 28, 2022, and December 14, 2022, the Planning Commission was presented with the revisions to the Zoning Ordinance as contained herein and, after holding a duly noticed public hearing, voted to recommend that the City Council approve the proposed revisions.

D. The City has held a duly noticed public hearing on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations regarding such.

SECTION 2. Chapter 25, Article I, Section 25.20 Residential Zoning District, Section 25.20.2 Allowed Uses and Permit Requirements, Table 25-1 is hereby amended to (1) remove duets as a permitted use in Residential, Low Density (RL) District; (2) add a dash to indicate that duets are not permitted in Residential, Very Low (RVL); (3) remove “Mini-storage” as a conditionally permitted use in Residential, Medium Density (RM) and Residential, High Density (RH); (4) permit “Park, playground” in Residential, Very High Density (RVH); and (5) remove the “[Removed]” note, renumber the notes, and update the Additional Regulations column to reflect the newly renumbered notes as follows:

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P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required - Not permitted
Zoning District Additional
Uses RVL RL RLM RM RH RVH Regulations
Residential Land Uses
Boarding houses, large - - - C C C §25.20.4.13
Boarding houses, small P P P P P P §25.20.4.13
Community care facilities - Residential P P P P P P Note 1 Assisted Living Facility - C C P P P
Duplex - C P P P -
Duet - C - P P P -
Dwelling, multifamily (townhouses, condos,
apartments) - - C P P P §25.20.4.8
Dwellings, single family detached P P P C - -
Mobile home parks C C C C C C §25.20.4.7
Residential Accessory Uses and Improvements

Accessory dwelling units and junior accessory
dwelling units Section 25.20.4.11
Accessory structures and improvements P P P P P P §24.20.4.1, Note 2 Animal, fowl and bee keeping (non-commercial) P P P P P P Note 3, Ch. 3

Family day care homes: P P P P P P
Garage conversions P P P P P P
§25.20.4.3
Garage and estate sales P P P P P P §25.20.4.4
Home occupations P P P P P P §25.20.4.5
Subdivision model homes P P P P P P §25.20.4.12
Subdivision sales trailers, temporary on-site P P P P P P §25.20.4.12 Education and Training Uses (non-residential land uses)

Child day care center C C C P P P §25.20.4.9
Adult day care - small (9 or fewer clients) P P P P P P Note 1, §25.20.4.9 Adult day care - large (10 or more clients) C C C P P P Note 1, §25.20.4.9 Museum, library, or gallery C C C P P - §25.20.4.9
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P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required - Not permitted
Zoning District Additional
Uses RVL RL RLM RM RH RVH Regulations
School - Personal and Social Development - - - C C C §25.20.4.9 School - college and university C C C C C - §25.20.4.9 School - elementary and secondary (private) C C C C C - §25.20.4.9 School - elementary and secondary (public) P P P P P P Note 54, §25.20.4.9
General and Health Services (non-residential land uses) Mini-storage - - - C - C - - §25.20.4.9
Nursing home C C C P P - §25.20.4.9
Offices (non-residential land uses)
Office, Administrative, business, and professional - - - C C - §25.20.4.9 Office, Government P P P P P P Note 54,
§25.20.4.9
Office, Medical and dental - - - C C - §25.20.4.9
Office, Property management P P P P P P §25.20.4.9
Public, Quasi-public, and Assembly Uses (non-residential land uses)

Church or other place of worship P P P P P - §25.20.4.9, Table 25-17
Community center C C C C C - §25.20.4.9
Park, playground P P P P P - P
Public safety facility P P P P P P Note 54
Utilities, Public or Quasi-public - major C C C C C C Note 54 Utilities, Public or Quasi-public - minor P P P P P P Note 54 Temporary and Other Uses
Agriculture, extensive P P P P P P
Temporary uses and events See Section 25.32.8
Transportation and Communication Uses (non-residential land uses)

Antenna or communication facility (non-
residential) C C C C C C §25.20.4.9
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P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required - Not permitted
Zoning District Additional
Uses RVL RL RLM RM RH RVH Regulations
Parking facility, non-residential - - C C C - §25.20.4.9 Notes:
(1) No licensed community care facility shall be located within 300 feet of any other community care facility. (2) Includes any accessory use or improvement that is customarily incidental to a single family residence such as detached garages, gazebos, sheds, animal enclosures, cabanas, carports, greenhouses, spas, studios, tennis courts, workshops, and other similar structures. (3) See Chapter 3 of City Code for types and number of permitted animals. (4) [Removed]
(5) (4) City regulations, standards, and design guidelines shall apply to public and quasi-public utility facilities only to the extent that the City is not preempted by Federal and State law and the State Public Utilities Commission.
(6) (5) Repealed by Ord. No. 2021-14.
(7) (6) Transitional and supportive housing are not regulated as a separate land use. Rather, it is a means of occupying a residential land use (e.g. single family detached housing, duplex, multifamily) and such occupancy must meet all existing standard requirements for the underlying residential land use and the residential unit. Determinations regarding the permissiveness of transitional housing will depend on the number of independent arrangements between tenants and the oper ator of the service. For example, more than two independent arrangements within a single housing unit will be regulated as a boarding house.

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SECTION 3. Chapter 25, Article I, Section 25.20 Residential Zoning District, Section 25.20.3.2 Small Lot Single Family Development Regulations, Table 25-5 is hereby amended to update small lot development standards by (1) revising the common open space requirement to three percent of net parcel area instead of five percent, (2) adding a recreation amenities requirement that common open space areas must include one or more passive or active recreational amenities; (3) adding “Note 15” to exclude stormwater detention basins and stormwater quality features towards common open spaces requirements as follows:

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Table 25-5: RLM, RM and RH Small Lot Development Regulations

Regulations Zoning District Applicable

(all figures are minimums measured from property line and in linear feet, unless otherwise indicated) RLM, RM and RH Zoning Districts Sections and Footnotes

Site Planning
Maximum Density (dwelling units per acre) 4.5 to 8 du/ac in RLM 8 to 15 du/ac in RM
15 to 22 du/ac in RH
Lot Area (square feet) Note 13
Attached homes No minimum
Detached homes No minimum
Lot Dimensions (Detached Housing Units)
Width:
…interior lot 30' in RLM; 25; in RM and RH
…corner lot 35' in RLM, 30' in RM and RH
Depth No minimum
Parking
On-site spaces per dwelling
1 covered, 1 uncovered for homes larger than 960
square feet; 1 uncovered space for homes less than
960 square feet
Notes 1, 2
Off-site spaces per dwelling 1 uncovered Note 3
Landscaping
Street trees (one tree for each ...) 25 feet of street frontage Note 4 Front yard landscaping installed by developer Required
Residential Waste Collection and Storage
For new subdivisions with street frontage, project
shall provide 12 linear feet per unit on-street for
toter placement. Alternatively, residential waste
can be disposed of in a shared receptacle (dumpster
or bin) contained within an approved trash
enclosure that meets City of Fairfield standards
Note 14
Open space
Private open space per unit In RLM zone: 450 square feet; Notes 5, 12 Packet Page 455 of 812Attachment 6 Page 6 of 17

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Table 25-5: RLM, RM and RH Small Lot Development Regulations

Regulations Zoning District Applicable

(all figures are minimums measured from property line and in linear feet, unless otherwise indicated) RLM, RM and RH Zoning Districts Sections and Footnotes
In RM and RH zones: 280 sf
Common open space (percent of net parcel area) Five Three percent of net project area Notes 6, 15 Recreation amenities
At least 50% of common open space shall be
developed for active recreational uses. One minor
recreational amenity per 50 units or portion thereof
shall be provided.

Storage space
For dwelling units with less than 960 s.f.: 100 cubic
feet per unit; can be provided in a centralized
storage area

Buildings
Dwelling unit size 480 square feet in RLM, 200 square feet in RM and RH
Chapter 5A
Lot Coverage (maximum) 50% in RLM, 60% in RM and RH
Setbacks to habitable structures or unenclosed porch

(not including garage)

Front or street side-yard:

…if front of house faces a monolithic sidewalk 10'

…if front of house faces a separated sidewalk 5'

…if front of house faces a private courtyard 5'

Interior side yard and rear yard Either 0', 4', or as necessary to provide private open space

Notes 7, 8
Setbacks to
garages
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Table 25-5: RLM, RM and RH Small Lot Development Regulations

Regulations Zoning District Applicable

(all figures are minimums measured from property line and in linear feet, unless otherwise indicated) RLM, RM and RH Zoning Districts Sections and Footnotes
…if garage faces any street 18' Note 9
…if garage faces interior side yard 15'
…if garage faces any alley or courtyard 5' exactly
Building Height Limits Note 10
Main dwelling 35'
Accessory structures See Section 25.20.4.1 Note 11

Notes:
(1) Tandem parking within a two-car car garage is allowed as required parking. Also, required uncovered parking may be placed in a garage, or off-site (e.g.; as an (2) Three-car garages facing directly toward a street shall not be permitted on any lot less than 55 feet wide. No more than 30 percent of units in a subdivision (3) Off-site parking spaces shall be provided within 200 feet of each lot. (4) All street-trees shall be located within eight feet of back of sidewalk. (5) Required private open space shall not be located in the required front yard setback, and shall have a minimum uncovered dimension of 8 feet. Partially covered or enclosed rear yard areas shall be allowed to be counted towards 50% of the required open space as long as they are completely open to the rear yard on a minimum of two sides; except as identified in Small Lot Examples "A" and "G" in Figure 25-1. (6) Projects consisting of 20 or less dwellings shall be exempt from the requirement to provide common open space. (7) Rear setbacks shall be increased to ten feet for lots that abut an arterial roadway. (8) Interior side-yard setback may be reduced to three feet for structures complying with all applicable Uniform Building Code regulations. (9) Garages for homes proposed on lots less than 50 feet in width shall not exceed 60 percent of the front elevation for the home and shall be recessed a minimum of five feet from the habitable portion of the home, not including any front porch. (10) Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6. (11) A garage opening directly to an alley or courtyard shall either have a minimum 18-foot setback or three-foot setback. (12) Private open space may be reduced to 80 square feet with a minimum dimension of 8' when the project provides at least 20 0 square feet per dwelling unit of common open space developed for multiple active uses, such as playgrounds, play courts, barbecue areas, pool, etc. (13) Houses may be developed on a single parcel where common land ownership is 1) held by a homeowners association or a landlord and 2) when the approved development plan identifies private use areas for each unit that are the equivalent of property lines for site planning and setback purposes. (14) If individual toters for each unit are used, an enclosure screened from view shall be provided. (15) Detention basins and stormwater quality features may not be counted towards common open space requirements unless usable for active recreational purposes.

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SECTION 4. Chapter 25, Article I, Section 25.20 Residential Zoning District, Section 25.20.4.3 Garage Conversions is hereby amended to permit the conversion of garages into ADUs without replacing parking displaced by the conversion as follows:

25.20.4.3 Garage Conversions

This section establishes regulations for the conversion of an existing garage to habitable space for domestic use, except for when said conversion involves the creation of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, in which case the regulations in Section 25.20.4.11 shall apply.

The applicant shall submit all necessary information and drawings to demonstrate compliance with the Zoning Ordinance and this section.

A. Minimum lot size. No garage conversion shall be permitted on a lot less than 4,500 square feet.

B. Parking requirements. A garage conversion shall only be permitted when one on-site parking space is provided for each required parking space displaced by the conversion, if the space is required by this ordinance. The conversion of garage space required to meet the parking requirement for an accessory dwelling unit shall be prohibited. Garages may be converted to an ADU or JADU without replacing the parking displaced by the conversion.

SECTION 5. Chapter 25, Article I, Section 25.20 Residential Zoning District, Section 25.20.4.11 Accessory Dwelling Units and Junior Accessory Dwelling Units is hereby amended to permit one detached ADU and one JADU on properties with single-family dwellings and duets as follows:

25.20.4.11 Accessory Dwelling Units and Junior Accessory Dwelling Units

D. ADU Standards

1. Location and number of ADUs

a. Subject to the requirements in this section, one detached ADU and one JADU, or one ADU, is permitted on a lot where a single-family dwelling, duplex, duet, or multi-family dwelling is a permitted use, and there is an existing or proposed single-family dwelling, duplex, duet, or multi-family dwelling, where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied.

b. One detached ADU and one JADU may be permitted on a property with a proposed or existing single family dwelling, including a duet, where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied.

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c. One or more ADUs may be permitted on a lot with an existing multi-family dwelling or duplex where the requirements of Government Code Section 65852.2(e)(1)(C) or (D) are satisfied.

SECTION 6. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts, Section 25.22.2 Allowed Uses and Permit Requirements, Table 25-9 is hereby amended to (1) permit “Coworking spaces” in all commercial zoning districts; (2) conditionally permit “Tasting rooms” in the Office Commercial (CO) District and Community Commercial (CC) District, and permit Thoroughfare Commercial (CT) District and Regional Commercial (CR) District; (3) conditionally permit “Child daycare center” in the Service Commercial (CS) District; and (4) add a “P” to indicate that “Temporary uses and events” are permitted in all commercial zoning districts as follows:

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P Use Permitted
Table 25-9: Commercial District Land Use Regulations C Conditional Use Permit - Not permitted
Additional Regulations
Use CN CO CS CT CC CR CM
Education and Training
Child daycare center P C - C P P C C
Museum, library, or gallery - P - P P C C
Personal instruction studio P P C P P C C
Reading room P P - P P - C
School, business - P P P P C C
School, college or university (private) - C - C C C -
School, Personal and Social
Development

P P P P P C C
School, elementary and secondary
(private)

C C - C C - C
School, vocational - - P P C C -
Food Service
Bar - C - C C C -
Catering services - P P P P - C
Food and beverage sales P P P P P P C
Restaurant, counter service P P P P P P C
Restaurant, table service P P P P P P C
Tasting Room
- C - P C P -
Drive-through sales (with any food
service) C - - C C C - Section 25.22.4.1
Entertainment (with any food service) - C - C C C -
Offices and Financial Services
Alternative Financial Services - - C C - - Section 25.22.4.8 Banks P P - P P P P
Bail bond service - P C P P - P
Coworking Space P P P P P P P
Offices, Administrative, business, and
professional P P P P P P P
Offices, Government - P P P P C C
Offices, Medical and dental P P P P P P P

Temporary and Other Uses

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Temporary uses and events P P P P P P P
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SECTION 7. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts, Section 25.22.4 Regulations of Specific Uses is hereby amended to revise open space requirements for mixed-use development to (1) reduce the common open space requirement; (2) provide passive or active recreation and community amenities; and (3) provide minimum dimensions as follows:

25.22.4.3 Mixed-Use Residential Development Regulations B. Development regulations. Projects that have been identified by the City to meet definition of Mixed-Use identified above shall comply with the development regulations identified for the respective commercial zone in which they are located, as identified in Table 25-10: Commercial District Development Regulations and any other regulations in this Ordinance that would apply to a commercial project on the site (e.g., provision of trash enclosures, bicycle storage, etc.). The following exceptions shall however apply:

1. Open Space. A minimum of 200 150 square feet of common open space shall be provided for each dwelling unit (e.g., outdoor garden, atrium, or indoor recreational area separate from the floor area internal to any dwelling unit). The common open space shall be improved for passive or active recreation and provide a community amenity such as barbecues, outdoor gym equipment, or play structure. No less than 50 percent of the required common open space in a project shall be usable, having a minimum dimension of 15 by 15 feet. The Planning Commission shall have the ability to reduce or waive the requirement for common space in any project where the Commission determines that commercial activity integrated into the mixed mixed-use project would effectively serve as common open space.

SECTION 8. Chapter 25, Article I, Section 25.24 Industrial Zoning Districts, Table 25-11 is hereby amended to permit “Coworking space” in the Industrial Business Park (IBP) District as follows:

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P Use Permitted
Table 25-11: Industrial District Land Use Regulations C Conditional Use Permit - Not Permitted

Zoning District Additional
Use IBP IL IG ITP Regulations
Offices and Financial Institutions
Banks C C - C
Coworking Space P - - -
Office, Administrative, business, and professional P P P P Office, Government P C - -
Office, Medical and dental C C - -
Research and development P P P P

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SECTION 9. Chapter 25, Article I, Section 25.28 Overlay Zoning Districts, Section 25.28.7 Land Use and Development Regulations for Specific Planned Development Overlay Districts is hereby amended to extend the deadline for filing an Interim Use Permit for nonconforming uses in the Train Station Specific Plan area to one year from the effective date of this ordinance as follows:

E. Nonconforming Uses. Notwithstanding any provisions of the Zoning Ordinance of the City of Fairfield, the following provisions shall regulate those uses which are not consistent with the land use designations of the Train Station Specific Plan and the Train Station Specific Plan Planned Development Overlay Zone District.

1. A use which had been legally established in an unincorporated area under Solano County jurisdiction as a permitted use or through a land use permit with a condition of approval without an expiration date, and which is in existence at the time of its annexation to the City shall become a legal nonconforming use. All such nonconforming uses shall have the right to continue to operate subject to compliance with the conditions of approval adopted by the County and shall be subject to the nonconforming use and structure provisions of Section 25.46 of the Zoning Ordinance of the City of Fairfield.

2. A use which is in existence at the time of its annexation, and which had been legally established in an unincorporated area under Solano County jurisdiction through a land use permit with a condition of approval with an expiration date, shall have the right to continue to operate during the term of its County permit as a legal nonconforming use. All such nonconforming uses shall have the right to continue to operate subject to compliance with the conditions of approval adopted by the County and shall be subject to the nonconforming use and structure provisions of Section 25.46 of the Zoning Ordinance of the City of Fairfield. Upon expiration of the term of the land use permit, the use shall have no legal right to continue to operate and shall cease operation on the date of expiration of its term.

Notwithstanding the above, the City may allow such use to continue after annexation as an interim use subject to the Final Approval of an interim use permit subject to the requirements as follows:
a. Property owner files an application for an interim use permit in accordance with the provisions of Section F below within one year of the effective date of Ordinance 2023-04. b. Property owner agrees to make an irrevocable offer of dedication of the abutting right-of-way if the property abuts Cement Hill Road, Peabody Road and or Vanden Road. c. Provisions to guarantee the termination of the use upon expiration of the interim use permit.

3. A use in existence at the time of its annexation to the City and which had been legally established under Solano County jurisdiction through a land use permit with a condition of approval which causes the permit to expire or become null and void upon annexation to the City, shall be subject to the following regulations:

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a. Each use shall have the legal right to continue to operate in accordance with its County land use permit conditions for a period of one year after the date of annexation to the City.
b. Within one year of the effective date of Ordinance 2023-04, each property owner and permittee with an expiring or expired county land use permit must file an Interim Use Permit application with the City.
c. Any use which does not obtain approval of its interim use permit application shall have no legal right to continue to operate and shall cease operation.

4. A use in existence at the time of annexation which was not legally established under Solano County jurisdiction shall not be classified as a legal, nonconforming use and shall have no rights to continue to operate pursuant to this section. Any continuation of such use subsequent to annexation to the City shall be in violation of the Zoning Ordinance and the Train Station Specific Plan Planned Development Overlay Zone District Ordinance. All such uses shall cease immediately upon annexation to the City.

SECTION 10. The council hereby makes the following finding pursuant to the California Environmental Quality Act (CEQA):

The council determines that the proposed amendments to the text of the Zoning Ordinance are exempt from CEQA under CEQA Guidelines Section 15305, which categorically exempts Minor Alterations in Land Use Limitations; and under Section 15061(b)(3), the general r ule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The text amendments make minor changes to clarify existing standards and requirements for existing structures under State law and regulate minor conversions to existing structures; these changes will not result in any new substantial physical change to the environment.

SECTION 11. This ordinance shall be effective 30 days following its adoption by the 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 council members voting for and against it.

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INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of January 2023, and

PASSED AND ADOPTED this ___ day of _________________, 2023, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR /PANDURO / TONNESEN/ VACCARO / WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
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CITY OF FAIRFIELD

PLANNING COMMISSION

MINUTES
NOVEMBER 9, 2022

REGULAR MEETING
6:00 P.M.

I.ROLL CALL

Absent: None.

II.PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice-Chairperson Cruzen.

III.INFORMATION ON SPEAKER CARDS
IV.APPROVAL OF AGENDA
Vice-Chairperson Cruzen made a motion to approve the agenda as submitted.The motion was seconded by Commissioner Matthews.The motion was approved unanimously by roll call vote.

V.APPROVAL OF MINUTES OF OCTOBER 26,2022
Commissioner Matthews motioned to approve the Minutes for the Planning Commission’s October 26, 2022,meeting. The motion was seconded by Commissioner Werblin. The motion was approved unanimously by roll call vote.

VI.PUBLIC COMMENTS
No persons spoke during public comments.

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VII. SCHEDULED MATTERS

ITEM A RAISING CANE’S

RESOLUTION PC2022-13

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION OF THE CITY OF FAIRFIELD APPROVING DEVELOPMENT REVIEW (DR2022-005), ENVIRONMENTAL REVIEW (ER2022-007), AND USE PERMIT (UP2022-002) FOR A FOOD SERVICE ESTABLISHMENT WITH DRIVE-THROUGH SALES AND APPROXIMATELY 3,331 SQUARE FEET OF FLOOR AREA WITH A HEIGHT OF 21.33 FEET, AND SITE IMPROVEMENTS ON A

0.720 ACRE SITE AT 1420 TRAVIS BOULEVARD (APN: 0033-240-030)

Junior Planner Yee-Lynn Wong made a presentation on the item and answered questions. Interim Planning Division Manager Meily Sheehan and Senior Civil Engineer Alvin Lei also answered questions on the item.

The following person spoke during the Public Hearing period:
• Brandon Layman – Via Zoom

Commissioner Matthews motioned to approve Resolution PC2022-13; the motion was seconded by Commissioner Greve. The motion was approved 6-1 by roll call with Chairperson Childs, Vice-Chair Cruzen, Commissioners Matthews, Greve, Evans, and Paul voting in favor and Commissioner Werblin voting against.

ITEM B HOF 2022 ORDINANCE AMENDMENTS

RESOLUTION PC2022-14

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE

OF THE CITY OF FAIRFIELD TO ADJUST LAND USE REGULATIONS AND DEVELOPMENT STANDARDS IN ALIGNMENT WITH THE GOALS AND OBJECTIVES OF THE HEART OF FAIRFIELD PLAN; CORRECTING THE DESCRIPTION OF THE WEST TEXAS STREET (HWT) DISTRICT; ADJUSTING PERMIT REQUIREMENT THRESHOLDS FOR HEART OF FAIRFIELD PLAN ZONING DISTRICTS; CREATING DEFINITIONS FOR AMENITY ZONE AND ACTIVITY ZONE; AMENDING CHAPTER 25, ARTICLE I OF THE FAIRFIELD CITY CODE, ALSO KNOW AS THE CITY OF FAIRFIELD ZONING MAP, REZONING PARCELS AT 601 BECK AVENUE (APN: 0028-920-300), 649 BECK AVENUE (APN: 0028-920-290), AND 699 BECK AVENUE (APN: 0028-920-280) FROM COMMUNITY COMMERCIAL (CC) DISTRICT TO WEST TEXAS STREET (HWT) DISTRICT; AND

RECOMMEND THE CITY COUNCIL APPROVE A SPECIFIC PLAN AMENDMENT TO THE HEART OF FAIRFIELD PLAN TO REDESIGNATE PARCELS AT 601 BECK AVENUE (APN: 0028 -920-300), 649 BECK AVENUE (APN:
0028-920-290), AND 699 BECK AVENUE (APN: 0028-920-280) FROM COMMUNITY COMMERCIAL (CC) TO

MIXED USE WEST TEXAS (MU-WTS)

Senior Planner Jonathan Atkinson made a presentation on the item and answered questions. Interim Community Development Director David Feinstein also answered questions on the item.

No person spoke during the public comment period.

Vice-Chairperson Cruzen motioned to approve Resolution PC2022-14; the motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote.

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VIII. INFORMATION AND COMMUNICATIONS

ITEM A DIRECTOR’S REPORT AND COMMISSIONER’S COMMENTS

Ms. Sheehan provided an update on upcoming agenda items and an upcoming presentation on Homeless programs available in the city.

IX. ADJOURNMENT TO NEXT MEETING OF NOVEMBER 23, 2022

Respectfully submitted,

MEILY M SHEEHAN
Planning Commission Secretary
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S T A F F R EP O R T
Meeting
Date:

To:

From:

Subject:

November 9, 2022
Chairperson and Members of the Planning Commission
Community Development Department
ITEM B: HEART OF FAIRFIELD 2022 ORDINANCE AMENDMENTS
Resolution No. PC2022 -14
Ordinance Amendment (OA2022-002)
Specific Plan Amendment (SP2022-002)
Zone Change (ZC2022-001)
Location: Heart of Fairfield Plan Area
Applicant: City of Fairfield
Owner: N/A for Heart of Fairfield Areawide Zoning Ordinance Amendments 99 Cent Only Stores C/O Ryan LLC (601 Beck Avenue)
Tallen California LLC (649 Beck Avenue)
Golden Arch Limited Partnership Tolbert Org (699 Beck Avenue) Public hearing on the request by the City of Fairfield for Zoning Ordinance amendments to adjust permitted and conditionally permitted uses for Heart of Fairfield Plan zoning districts in alignment with the goals and objectives of the Heart of Fairfield Plan; revise the description of the HWT (West Texas Street) District; update development regulations for Heart of Fairfield zoning districts to increase the maximum permitted building height for the HO (Mixed Use Office) District and reduce off-street parking requirements; create "Activity Zone" and "Amenity Zone" definitions; and adjust the development permit requirement thresholds for Heart of Fairfield zoning districts. Specific Plan amendments to change the land use designation from Community Commercial (CC} to Mixed Use West Texas (MU-WTS) and a Zone Change from Community Commercial (CC) District to West Texas Street (HWT) District for the following properties: 601 Beck Avenue (APN: 0028-920-300}, 649 Beck Avenue (APN: 0028-920-290), and 699 Beck Avenue (APN: 0028-920-280). The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations and Section 15061(b)(3): Common Sense Exemption. The proposed Specific Plan amendments will not have a significant impact on the environment in that the certified Heart of Fairfield Plan Environmental Impact Report anticipated up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space throughout the Specific Plan area. (Planner: Jonathan Atkinson, 707- 428-7387, [email protected])
C ity of Fairfield
Community Development Department
Prepared by: J A
Reviewed by: !!!]}
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PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 2 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX

BACKGROUND INFORMATION

In May 2017, the City Council adopted the Heart of Fairfield Plan (Plan) after a robust community participation process that actively engaged residents, businesses, property owners, developers, neighborhood representatives, elected and appointed officials, and other stakeholders over a two-year period. The Plan area comprises approximately 513 acres in Central Fairfield, currently consisting of residential, commercial, recreational, civic, and industrial uses. The Plan establishes a long-term vision through 2040 and beyond for the revitalization of Downtown Fairfield, the West Texas Street corridor, and adjacent areas:

The Heart of Fairfield is a social, economic, and cultural center for Fairfield, a distinct destination that attracts the community through thoughtful design, desired shopping and dining, lively activities, ranges of housing, and convenient access to regional transit. It is the place where residents, workers, visitors, tourists, and people from all over Fairfield and the region come to meet, gather, thrive, and celebrate community milestones.

The Plan envisions up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space developed in an urban, mixed-use environment. This new development will complement and build upon the existing traditional “street grid” character of Downtown Fairfield and will transform West Texas Street from its current strip commercial character into a more urban, mixed-use residential and commercial corridor. The Plan guides this growth using design guidelines, prototypes, and public realm and streetscape guidelines.

The City Council adopted new land use and development regulations that incorporate the vision of the Plan into the Zoning Ordinance in October 2017. These Zoning Ordinance regulations resulted in the creation of zoning districts that are unique to the Plan area, as well as separate development standards for commercial, multifamily residential, mixed-use, and single-family residential developments. The purpose of these new development regulations is to help guide developers, business owners, and property owners in planning the use and/or development of property while providing staff with the necessary guidance to implement the Plan.

The City Council has adopted a collection of amendments to the Zoning Ordinance, Sign Ordinance, and Zoning Map periodically since 2018 to ensure better consistency with the Plan.

There have also been instances for which the City Council has approved minor amendments to the Plan itself to facilitate development and reinvestment in the Heart of Fairfield Plan area.

To further incentivize development within the Plan area, City staff has continued to evaluate Zoning Ordinance regulations to support the Plan’s implementation.

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PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 3 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX

ZONING ORDINANCE AMENDMENTS

Zoning Ordinance Districts

1. HWT (West Texas Street) District Description

Zoning Ordinance Section 25.23.1.B describes the HWT (West Texas Street) District as follows:

HWT (West Texas Street). The HWT zoning district applies to areas west of Pennsylvania Avenue adjacent to the West Texas Street corridor but also including residential, undeveloped, and mixed use properties south of the corridor proper. Development in this district is intended to implement the vision of the Plan for a mixed use, higher density residential corridor with commercial uses that support residential development. Off the West Texas Street corridor proper, development will focus on higher density and medium density residential development, including apartments, townhouses, and limited small lot single family development. Typical uses include assembly and fabrication industries, warehousing, distribution centers, administrative offices, and business support services.

The HWT zoning district is consistent with the Mixed Use-West Texas Street land use category of the Heart of Fairfield Plan.

The portion of the HWT District description in bold mistakenly identifies some uses that are appropriate for service commercial and industrial areas but inappropriate for an urban mixed-use corridor. Staff recommends that this portion of the description be replaced with the following language in italics to describe anticipated uses more effectively for the HWT District: Typical uses include neighborhood serving retail, specialty retail, restaurants (not including drive through food service), education, office uses, and limited handicraft and repair businesses. The district is not intended for vehicle sales and service uses.

Land Use Regulations

Land uses for the Plan zoning districts are governed under Zoning Ordinance Table 25-H1. Staff recommends a collection of amendments to permitted and conditionally permitted uses in alignment with the goals and objectives of the Plan.

There are uses that should be prohibited because they are inherently incompatible with the urban, mixed-use residential, and commercial vision for the Plan area. These include uses that have the potential to generate impacts relative to noise, dust, and odors and are more appropriate for service commercial and industrial areas. These also include uses that are compatible with the vision for the Plan in general, such as single-family residences and ancillary uses, but are inappropriate along Texas Street within the downtown as they may detract from the economic viability of an active streetscape.

Staff has identified some uses that can be permitted in the Plan area with a Conditional Use Permit. The purpose of the Conditional Use Permit is to allow for uses that may not be Packet Page 498 of 812Attachment 7 Page 32 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 4 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX appropriate for all locations and whose effect on the surrounding environment cannot be determined until proposed for a particular location. A Conditional Use Permit applies specific conditions that eliminate or minimize the potential negative impacts of land use.

Finally, staff recommends some specific residential uses be permitted by right because they are simply a means for occupying a residence and are already subject to underlying regulations.

These include boarding houses for which additional information and specific recommendations are detailed in this section.

2. Building and Landscape Material Sales Use

Zoning Ordinance Section 25.50.2.B defines Building and Landscape Sales uses as follows:

Building and Landscape Material Sales. Retail or wholesale sales of building and landscape materials, including lumberyards and establishments selling unpackaged landscape materials. This classification includes the sale of outdoor swimming pools. This classification excludes establishments devoted to the retail sales of paint, hardware, home furnishings, wholesale, distribution, and storage, and activities classified under large equipment sales or repair related services.

Building and Landscape Materials Sales uses are permitted in the HWT District by right. Staff recommends that this use be prohibited in the HWT District.

3. Plant Nursery – Landscape Use

Zoning Ordinance Section 25.50.2.P defines Plant Nursery – Landscape uses as follows:

Plant Nursery - Landscape. Commercial establishments selling landscape nursery products and related supplies. Growing ornamental plants and other nursery products, grown under cover or outdoors, is allowed as an ancillary use. The classification excludes bulk sales of landscape materials, but includes the sale of prepackaged materials (e.g., soil amendments in sealed bags). The sale of house plants or other nursery products entirely within an enclosed building is included under “New Merchandise Sales.”

Plant Nursery – Landscape uses are permitted in the HWT District by right. Staff recommends that this use be permitted in the HWT District with a Conditional Use Permit.

4. Animal Kennel Use

Zoning Ordinance Section 25.50.2.A defines Animal Kennel uses as follows:

Animal Kennel. Commercial or non-profit shelter for small domestic and farm animals, typically less than 100 pounds, e.g., dogs and cats. This definition includes activities such Packet Page 499 of 812Attachment 7 Page 33 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 5 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX as feeding, exercising, grooming, and incidental medical care. This classification does not include shelters for large animals, which are classified under “Animal Stable.”

Animal Kennel uses are permitted in the HWT District with a Conditional Use Permit. Staff recommends that this use be prohibited in the HWT District.

5. Personal Care and Domestic Services Use

Zoning Ordinance Section 25.50.2.P defines Personal Care and Domestic Services uses as follows:

Personal Care and Domestic Services. Establishments providing non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided. These establishments include beauty and barber shops, shoe repair shops, tanning salons, tailoring establishments, interior decorating, clothing rental, portrait photography.

This classification does not include any establishment providing outpatient medical services, which are classified under “Offices, Medical and Dental.”

Personal Care and Domestic Services uses are permitted in the Downtown (HD) District (Ground and Upper Floors), Downtown Core (HDC) District (Ground and Upper Floors), Mixed-Use Office (HO) District, HWT District, Transit-Oriented Development (HTD) District, and Public Facilities-Transit (HPF) District by right. Staff recommends that this use be permitted in the HDC District (Ground Floor) with a Conditional Use Permit. Furthermore, staff recommends the addition of a note under Zoning Ordinance Table 25-H1 limiting this use to a maximum of 15 establishments in the HDC District on the ground floor to avoid overconcentration. Finally, staff recommends that this use remain permitted by right within every other Plan zoning district, including the HDC District (Upper Floors).

6. Recycling Collection Facility – Small Use

Zoning Ordinance Section 25.50.2.R defines Recycling Collection Facility – Small uses as follows:

Recycling Collection Facility–Small. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:

1) Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass, and plastic bottles, and issues a cash refund or a redeemable credit slip;

2) Small collection facilities. A facility that occupies an area of 700 square feet or less and may include: a mobile unit, vehicle, or trailer; a grouping of reverse vending machines Packet Page 500 of 812Attachment 7 Page 34 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 6 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX occupying no more than 50 square feet; and kiosk-type units which may include permanent structures.

Recycling Collection Facility – Small uses are permitted in the HWT District with a Conditional Use Permit and are subject to the regulations under Zoning Ordinance Section 25.32.7. Staff recommends that this use be prohibited in the HWT District.

7. Boarding Houses, Large Use

Zoning Ordinance Section 25.50.2.B defines Boarding Houses, Large uses as follows:

Boarding House, Large. The renting of rooms within a dwelling to seven or more separate households where each household is subject to a separate rental or lease agreement or other payment arrangements with the property owner. Large Boarding Houses may include but are not limited to fraternity or sorority houses, housing for migrant farm workers, supportive and transitional housing programs, and residential motels and hotels, except for those facilities that meet the Single Room Occupancy land use definition. Meals may or may not be provided, but there is one common kitchen facility. Large Boarding Houses differ from the Community Care Facility-Residential in that they are not licensed by the State of California.

Boarding Houses, Large uses are permitted in the HWT District and HTD District by right. This use is permitted in the HO District and Residential (HR) District with a Conditional Use Permit and not permitted in the HD District, HDC District, and HPF District. This use is subject to regulations under Zoning Ordinance Section 25.32.12. Staff recommends the addition of a reference to Zoning Ordinance Section 25.32.12 be added next to Boarding House, Large in Table 25-H1 for clarification purposes.

8. Boarding Houses, Small Use

Zoning Ordinance Section 25.50.2.B defines Boarding Houses, Small uses as follows:

Boarding House, Small. The renting of rooms within a dwelling to three to six separate households where each household is subject to a separate rental or lease agreement or other payment arrangement with the property owner. Small Boarding Houses may include but are not limited to fraternity or sorority houses, housing for migrant farm workers, and supportive and transitional housing programs. Meals may or may not be provided, but there is one common kitchen facility. Small Boarding Houses differ from the Community Care Facility-Residential in that they are not licensed by the State of California.

Boarding Houses, Small uses are permitted in the HO District, HWT District, and HR District by right. This use is not permitted in the HD District, HDC District, HTD District, and HPF District. Staff recommends that this use be permitted in the HD District (Upper Floors) and HDC District (Upper Floors) by right. Staff also recommends that a reference to Zoning Packet Page 501 of 812Attachment 7 Page 35 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 7 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX Ordinance Section 25.32.12 be added next to Boarding House, Small in Table 25-H1 for clarification purposes as well as the following note for clarification purposes:

9. Dwelling, Single-Family Detached Use

Zoning Ordinance Section 25.50.2.D defines Dwelling, Single-Family Detach uses as follows:

Dwelling, Single-family detached. A single dwelling unit detached from all other units.

Dwelling, Single-Family Detached uses are permitted in the HD District (Ground and Upper Floors), HO District, HWT District, HTD District, and HR District by right. This use is permitted in the HDC District (Ground and Upper Floors) with a Conditional Use Permit. Staff recommends that this use be prohibited in the HD District (Ground Floor) and the HDC District (Ground and Upper Floors). Furthermore, staff recommends this use remain as currently regulated in all other Heart of Fairfield Plan zoning districts but with the addition of the following revised note for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

10. Animal, Fowl, and Bee Keeping (Non Commercial)

Animal, Fowl, and Bee Keeping (Non Commercial) is permitted in the HD District (Ground Floor), HDC District (Ground Floor), HO District, HWT District, HTD District, and HR District by right and subject to the regulations under Chapter 3 of the Fairfield Municipal Code. Staff recommends the addition of the following revised note for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

11. Garage Conversions

Garage Conversions are permitted in the HD District (Ground Floor), HDC District (Ground Floor), HO District, HWT District, and HR District by right and subject to the regulations under Zoning Ordinance Section 25.20.4.3. Staff recommends also making Garage Conversions permitted by right in the HTD District because detached single-family residences are already permitted, and this is an ancillary component of the use. Additionally, staff recommends the addition of the following revised note for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

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PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 8 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX

12. Garage and Estate Sales

Garage and Estate Sales are permitted in the HD District (Ground Floor), HDC District (Ground Floor), HO District, HWT District, HTD District, and HR District by right. Garage and Estate Sales are also subject to regulations under Zoning Ordinance Section 25.20.4.4. However, these regulations are not identified in Zoning Ordinance Table 25-H1. Staff recommends the addition of Zoning Ordinance Section 25.20.4.4 and the following revised note for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

13. Home Occupations

Zoning Ordinance Section 25.50.2.H defines Home Occupations uses as follows:

Home Occupation. An occupation conducted within a dwelling unit by person(s) residing on the property.

Home Occupations uses are permitted in the HD District (Ground and Upper Floors), HDC District (Ground and Upper Floors), HO District, HWT District, HTD District, and HR District by right. Home Occupations are subject to regulations under Zoning Ordinance Section

25.20.4.5. However, these regulations are not identified in Zoning Ordinance Table 25-H1.

Staff recommends the addition of Zoning Ordinance Section 25.20.4.5 and the following revised note for clarification purposes: Note (11) Housing is not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.

14. Helipad

Zoning Ordinance Section 25.50.2.H defines Helipad uses as follows:

Helipad. A facility provided for the landing and take-off of helicopters only.

Helipad uses are permitted in the HWT District and HPF District with a Conditional Use Permit.

Staff recommends that this use be prohibited in the HWT District.

15. Heliport

Zoning Ordinance Section 25.50.2.H defines Heliport uses as follows:

Heliport. A facility provided for the landing and take-off of helicopters, and associated repair, maintenance, refueling, and storage facilities.

Heliport uses are permitted in the HWT District with a Conditional Use Permit. Staff recommends that this use be prohibited in the HWT District.

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PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 9 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX

16. Transit Station or Terminal

Zoning Ordinance Section 25.50.2.T defines Transit Station or Terminal uses as follows:

Transit Station or Terminal. Passenger and freight nodes for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Transit Station or Terminal uses are permitted in the HWT District, HTD District, and HPF District by right. Staff recommends that this use be prohibited in the HWT District and HTD District.

17. Private Transportation Service Use

Zoning Ordinance Section 25.50.2.P defines Private Transportation Service uses as follows:

Private Transportation Service. Establishments providing non-public transportation services for a fee, including limousine, bus, taxi, or airport shuttle services. This use includes the storage of vehicles, offices, and maintenance facilities related to the transportation service.

Private Transportation Service uses are permitted in the HWT District and HPF District by right. Staff recommends that this use be prohibited in the HWT District and HPF District.

18. HO (Mixed Use Office) District Building Height

The Plan calls for a maximum building height of 45 feet for the MU-O (Mixed Use Office) designation as detailed in Chapter 3: Creating Unique Destination. The HO District, which implements the MU-O designation, allows for a maximum building height of 35 feet under Zoning Ordinance Tables 25-H2, 25-H3, 25-H4, and 25-H5. Under Zoning Ordinance Section

25.45.2.E.2, the requirements of an adopted specific plan shall apply if conflicts occur between the requirements of the Zoning Ordinance and the specific plan. Staff recommends that Zoning Ordinance Tables 25-H2, 25-H3, and 25-H4 be amended to allow a maximum building height of 45 feet to be consistent with the Plan.

19. Activity Zone Definition

The Activity Zone is defined as follows in the Table 4.1: Design Standards Category Guide of the Plan:

Activity Zone. The area between the sidewalk and a building reserved for landscaping, specialized events, outdoor restaurant seating and dining, recreation, or other formal activities.

Packet Page 504 of 812Attachment 7 Page 38 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 10 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX Staff recommends that Zoning Ordinance Section 25.50.2.A include a definition for Activity Zone, as described in the Plan. Additionally, staff recommends that the notes under Zoning Ordinance Tables 25-H2, 25-H3, and 25-H4 be amended to reference the Activity Zone definition, as applicable.

20. Amenity Zone Definition

The Amenity Zone is defined as follows in the Table 4.1: Design Standards Category Guide of the Plan:

Staff recommends that Zoning Ordinance Section 25.50.2.A include a definition for Amenity Zone, as described in the Plan. Additionally, staff recommends that the notes under Zoning Ordinance Tables 25-H2, 25-H3, and 25-H4 be amended to reference the Amenity Zone definition, as applicable.

21. Parking Reduction

Offsite parking is permitted for Heart of Fairfield zoning districts in Zoning Ordinance Tables 25-H2, 25-H3, 25-H4 through notes that state the following in italics: Fifty percent of any required parking may be provided through on-street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel within 750 feet of the parcel line. Offsite parking allowances are key to establishing an urban built environment within the Plan area. Staff recommends that the Zoning Ordinance Tables 25-H2, 25-H3, and 25-H4 be amended to clarify that 50 percent of any required parking may also be provided at a publicly accessible parking facility, the use of which is not limited to a specific use or activity, within 750 feet of the parcel line. This would allow parking lots and parking garages that are owned by the City of Fairfield and other governmental entities to help satisfy parking requirements within the Plan area.

22. Table 25-18: Development Permit Requirements

Zoning Ordinance Table 25-18 establishes permit requirement thresholds for projects based on the type of activity or improvement proposed. Multifamily residential developments involving 25 units or less require Minor Development Review approval at the Zoning Administrator level, whereas multifamily residential developments involving more than 25 units require Development Review approval at the Planning Commission level. New commercial buildings less than 25,000 square feet and building additions 2,500 to 25,000 square feet require Minor Development Review approval at the Zoning Administrator level, whereas new commercial buildings and building additions 25,000 square feet or more require Packet Page 505 of 812Attachment 7 Page 39 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 11 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX Development Review approval at the Planning Commission level. Furthermore, new commercial buildings and building additions over 5,000 square feet in the former CD (Downtown Commercial) District and CDC (Downtown Commercial Core) District require Development Review approval at the Planning Commission level. Both zoning districts were replaced by the HD and HDC Districts with the initial adoption of Heart of Fairfield Plan zoning district regulations.

To streamline the development review process and further incentivize development within the Plan area, staff recommends an increase in the permit requirement thresholds for Heart of Fairfield Plan zoning districts. Staff recommends that Zoning Ordinance 25-18 be amended under “Multifamily” to require Minor Development Review approval for multifamily residential developments of 150 units or less and Development Review approval for multifamily residential developments of more than 150 units for Heart of Fairfield zoning districts. Additionally, staff recommends that Zoning Ordinance Table 25-18 be amended to remove the Development Review approval requirements for new commercial buildings and building additions for the former CD District and CDC District. This means that new commercial development for properties with Heart of Fairfield Plan zoning designations would be subject to the same permit requirement thresholds. Lastly, staff recommends the addition of a note clarifying that mixed-use developments involving commercial and residential uses are subject to the permit requirement thresholds for multifamily developments.

SPECIFIC PLAN AMENDMENTS

1. CC: Community Commercial to MU-WTS: Mixed Use West Texas

The following properties abuts the Fairfield Transportation Center and are sited at the corners of Beck Avenue at West Texas Street and Cadenasso Drive: 601 Beck Avenue (APN: 0028-920- 300), 649 Beck Avenue (APN: 0028-920-290), and 699 Beck Avenue (APN: 0028-920-280).

These subject properties include a McDonald’s at 699 Beck Avenue and a commercial building with two tenant spaces at 649 Beck Avenue and 601 Beck Avenue that were recently home to Mattress Barn and 99 Cent Only. The properties are in the Plan area but are designated as CC (Community Commercial) as is the case for all the properties at the intersection of West Texas Street and Beck Avenue. The properties along West Texas Street from Park Crossing Apartments (2100 West Texas Street) and the Caltrans Fairfield Maintenance Station (2019 West Texas Street) to Pennsylvania Avenue are designated as MU-WTS(Mixed Use West Texas).

The Plan describes the vision for the WTS designation as follows:

The vision for this area is to create a new “urban mixed use corridor” along both sides of West Texas Street that allows for higher density residential uses with supporting commercial uses. This mixed use approach, which can be either vertical (e.g., same building) or horizontal (same or adjacent lot), will strengthen the neighborhood and Packet Page 506 of 812Attachment 7 Page 40 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 12 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX provide additional residents with new housing options. This new development will be directly tied with streetscape improvements, including improved parking, bicycle sharrows and lanes, and pedestrian facilities (as described below in the Public Realm Improvements section). Overall, these changes will transform West Texas Street into a more walkable, dynamic, and successful corridor, while also creating a better transition between the major roadway and adjacent neighborhoods.

Staff recommends that the subject properties be redesignated from CC to MU-WTS to further assist in the long-term transformation of West Texas Street into an urban mixed-use corridor.

Furthermore, because these subject properties abuts the Fairfield Transportation Center to the west, there is a possibility that the redesignation spurs transit-oriented development should there be a desire to redevelop the subject properties.

ZONE CHANGE

1. CC (Community Commercial) District to HWT (West Texas Street) District

The vision of the MU-WTS designation of the Plan is implemented by the HWT District. The three properties that staff recommends redesignation from CC to MU-WTS are currently zoned CC District. Staff recommends that these subject properties be rezoned from CC District to HWT District to be consistent with the proposed Plan amendments and to implement the vision of the MU-WTS designation, as a result. The subject properties would be subject to the land use regulations for HWT District under Zoning Ordinance Table 25-H1 and development regulations under Zoning Ordinance Tables 25-H2, 25-H3, 25-H4, and 25-H5.

The HWT District would allow for a collection of residential and commercial uses at the subject properties. There are key differences between the CC District and HWT District of note. Vehicle sales and service uses are almost entirely prohibited in the HWT District because they conflict with the urban mixed-use vision for West Texas Street whereas these uses are permitted and conditionally permitted in the CC District. Furthermore, the residential uses are conditionally permitted in the CC District and must be part of a mixed-use development with a maximum permitted residential density of 32 units per gross developable acre. The HWT District permits residential uses both as mixed-use residential and residential-only developments at a required residential density of 15 to 48 units per gross developable acre.

Additionally, the HWT District permits single-family residences at a required residential density of 8 to 15 units per gross developable acre.

ENVIRONMENTAL REVIEW
The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations and Section 15061(b)(3): Common Sense Exemption. The proposed Plan amendments will not have a significant impact on the environment in that the certified Heart of Fairfield Plan Environmental Impact Report anticipated up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space throughout the Plan area. The proposed zone Packet Page 507 of 812Attachment 7 Page 41 of 42

PC ITEM NO.: B PC DATE: 11/09/2022 PC FILE NO.: OA2022-002, SP2022-003, and ZC2022-001 PAGE 13 S:\PLANNING\PC MEETINGS\PC-2022\22-11-09\ITEM B - 2022 HEART OF FAIRFIELD AMENDMENTS\1 OA2022-002 PC STAFF REPORT.DOCX change will not cause an increase that is greater than the residential units or the commercial and office square footage anticipated in the Environmental Impact Report.

CORRESPONDENCE
A public hearing notice was mailed to all property owners within 500 feet of 601 Beck Avenue (APN: 0028-920-300), 649 Beck Avenue (APN: 0028-920-290), and 699 Beck Avenue (APN: 0028- 920-280) on October 28, 2022, and published in the Daily Republic newspaper on October 30, 2022. The staff has not received any correspondence at the time of this writing.

RECOMMENDATION
Based on the analysis in this staff report, staff concludes that the amendments meet the required findings for Zoning Ordinance Amendment, Zone Change, and Specific Plan Amendment. Staff recommends that the Planning Commission adopt Resolution No. PC2022-14, recommending the City Council approve the requested Zoning Ordinance Amendment, Zone Change, and Specific Plan Amendment.

Attachments:

1. Planning Commission Resolution No. PC2022-14 with attached:
• Exhibit A – Draft Ordinance for Zoning Ordinance Amendment and Zone Change with Zoning Exhibit
• Exhibit B – Specific Plan Land Use Exhibit
Packet Page 508 of 812Attachment 7 Page 42 of 42

City of Fairfield Planning Commission
RESOLUTION NO. PC2022-15

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF FAIRFIELD, TABLE 25-9 UNDER SECTION 25.22,

COMMERCIAL ZONING DISTRICTS, TO ALLOW CHILD DAYCARE CENTERS

AS A CONDITIONALLY PERMITTED USE IN THE SERVICE COMMERCIAL (CS)

ZONING DISTRICT

THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HER EBY RECITES, FINDS, DETER MINES, ORDERS, AND RESOLVES AS FOLLOWS:

SECTION 1. On November 3, 2022, a Zoning Ordinance Application (OA2022-005) for a pro posed zoning ordinance amendment to allow child daycare centers as a conditionally permitted use in the Service Commercial (CS) zoning district was properly filed with the Community Development Department in accordance with the rules and regulations governing the official filing of such applications.

S E C T IO N 2 . The Planning Commission held a duly noticed public hearing on December 14, 2022. The City staff presented substantial factual information regarding the proposed Project in staff re p o rt s an d th ro u g h oral presentations before the commission, and the commission co n sid e re d all p u b lic te stimony and information presented during the public hearing regarding th is ap p licatio n .

SE C T IO N 3. Base d o n th e in fo rm atio n co n ta in e d in th e staff report and presented by staff on D e ce m b e r 14 , 20 2 2 , th e co m m issio n ha s d e te rm in e d th at th e p ro p o se d am e n d m e n t to th e te xt o f th e Zo n in g O rd in a n ce is exe m p t fr o m th e C alifo rn ia En viro n m e n ta l Q ua lity A ct (C E QA ) un d e r C E QA G u id e lin e s Se ctio n 15 0 6 1 (b )(3 ): C o m m o n S e n se Exe m p tio n , th e ge n e ral ru le th at C E QA o n ly ap p lie s to p ro je cts w h ic h hav e th e po te n tia l fo r cau sin g a sig n ifi can t eff ect o n th e en v iro n m e n t. T h e te xt am e n d m e n ts re v ise th e la n d use re g u latio n s of th e C S zo n e . T h e se ch a n g e s w ill no t re su lt in an y ne w su b stan tia l ph y sica l ch a n g e to th e en v iro n m e n t. Fu rt h e rm o re, su b se q u e n t C o n d itio n a l U se Pe rm it (C U P ) ap p licatio n s fo r ch ild d ay care ce n te rs in th e C S zo n e w ill req u ire ad d itio n a l C E QA an a ly sis. A t su ch tim e , C E QA de te rm in atio n s w ill be m a d e fo r th e p ro p o se d C U P p ro je ct.

SE C T IO N 4 . B a se d up o n th e in fo rm atio n co n ta in e d in th e staff re p o rt an d pre se n te d by staff o n D e ce m b e r 14 , 20 2 2 , th e co m m issio n he re b y fi n d s th at th e pro p o se d am e n d m e n ts to th e te xt o f th e Zo n in g O rd in a n ce are co n siste n t w ith th e G e n e ral Plan an d re co m m e n d s th e C ity C o u n ci l PC ITEM NO.: B PC DATE: 12/14/2022
PC FILE NO.: OA2022-005 PAGE 1
S:\PLANNING\PC MEETINGS\PC-2022\22-12-14\ITEM B. CHILD DAY CARE IN THE CS ZONE (OA2022-005)\2. PC RESO BECK AVE CHILD DAYCARE OA2022-005. DOCX
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of the City of Fairfield to adopt the proposed Zoning Ordinance amendment, as attached hereto as Exhibit A.

SECTION 5. Based upon the written findings set forth in sections 3 and 4 of this Resolution, the commission hereby recommends council approval of:
(a ) Zo n in g O rd in a n ce Amendment (OA2022-005) contained in the attached Exhibit "A"; an d
S EC T IO N 6. The record of proceedings shall be located at the City's Community Development Department, and the director of community development shall be the custodian of such documents.

PASSED AND ADOPTED this 14th day of December, 2022.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMM ISSIONERS:

ABSENT: COMMISSIONERS:

Jerome CHILDS (Chair) / Melissa CRUZEN (Vice) / Lerecia EVANS/ Don GREVE/ Chris MATTHEWS/ Shashi PAUL/Tina

WER BLIN
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PC ITEM NO.: B PC DATE: 12/14/2022
PC FILE NO.: OA2022-005 PAGE 2
S:\PLANNING\PC MEETINGS\PC-2022\22-12-14\ITEM B. CHILD DAY CARE IN THE CS ZONE {OA2022-00S)\2. PC RESO BECK AVE CHILD DAYCARE OA2022-005.DOCX
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EXHIBIT A
DRAFT

CITY OF FAIRFIELD
ORDINANCE NO. 2023-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE, ALSO KNOWN AS THE ZONING ORDINANCE, TABLE 25-9 UNDER SECTION 25.22, COMM ERCIAL ZONING DISTRICT S, TO ALLOW CHILD DAYCARE

CENTERS AS A CONDITIONALLY PERMITT ED USE IN THE SERVICE COM MERCIAL (CS) ZONING

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

SECTION 1. Statement of Intent
A. The City of Fairfield has adopted a Zoning Ordinance to address development, consistent with the Fairfield General Plan and city policy.

B. On November 3, 2022, a Zoning Ordinance Application (OA2022-005) for a proposed zoning ordinance amendment to allow child daycare center as a conditionally permitted use in the Service Commercial (CS) zoning district was properly filed with the Department of Community Development in accordance with the rules and regulations governing the official filing of such applications.

C. On December 14, 2022, the Planning Commission was presented with the revision to the Zoning Ordinance as contained herein and, after holding a duly noticed public hearing, voted to recommend that the City Council approve the proposed revision.

D. The City Council has held a duly noticed public hearing on the proposed revisions to the Zoning Ordinance in accordance with the rules and regulations.

SECTION 2. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts, Section 25.22.2 Allowed Uses and Permit Requirements, Table 25-9 is hereby amended to allow child daycare centers as a permitted use in Service Commercial (CS) by replacing the dash with the letter "C" in the appro priate co lumn.

PC ITEM NO.: B
PC FILE NO.: OA2022-005
PC DATE: 12/14/2022
PAGE 1
S:\Planning\PC Meetings\PC-2022\22-12-14\ITEM B. Child Day Care in the CS Zone (OA2022-00S)\3. Draft Ordinance Beck Ave Child Daycare OA2022-005 .docx
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ORD. NO. 2023-

Page 2 ends

Fairfield City CouncilJanuary 17, 2023

Fairfield City Council
January 17, 2023