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

P Use Permitted
Table 25-9: Commercial District Land Use Regulations (cont.) C Conditional Use Permit Not permitted
Use CN co cs CT cc CR CM
Additional
Regulations
Photo, Video, Electronics p p - p p p I C I Sec. 25.22.4.6 Plant nursery- landscape C - p p p C
Tobacco Sales (Specialty) and Smoke Shops C - - C C C I C I Sec. 25.22.4.7 Used merchandise sales - C - p p C
Consignment Shop I - p - p p C
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 -
Entertainment and Recreation Related
Adult entertainment business - - p p - - - Section 25.32.2 Bingo Ha11 j -

C - C C C C -
Athletic club p C - p p C -
PC ITEM NO.: B
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ORD. NO. 2023-_

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P Use Permitted
Table 25-9: Commercial District Land Use Regulations (cont.) C Conditional Use Permit Not permitted
Notes ,.
,.
,.
,.

I ,.
,.
,.
,.
,.
,.
i ,.
(1) In the CS zone district, a Conditional Use Perm it (CUP) is required for retail sales when the sale of products is a primary use. A CUP is not required for retail sales that occur as an ancillary or accessory use, such as the sale of items associated with a repair or service business, or the sale of products produced, repaired, or refurbished on-site. (2) A Conditional Use Permit shall be required for any specialty food or beverage market selling alcohol.

Residential land uses shall only be allowed in conjunction with a commercial land use on the same property, except in the CM (3) zoning district where purely residential projects can be allowed. (4) Conditional-Use Perm it approval shall be-required for any automobile or vehicle sales or leasing in any m ultitenant building. (5) Major repair use is also permitted as an ancillary use to vehicle sales dealerships which occupy sites of greater than one acre.

A Conditional Use Permit shall be required for any service station in which the sale of alcoholic beverages, i.e., beer, wine, or (6) distilled spirits, is proposed as part of the convenience market associated with the service station use.

No vehicle may be stored or dis played on any vacant site or at any vacant commercial/industrial location except when approved (7) as part of an auto dealers hip.
(8) All auto repair shall be conducted within an enclosed building or in a rear or side yard behind a solid masonry wall. No work shall occur in parking lots or driveways.
(9) Spa and rn as s aqe therapy facilities sha-11 complywith Chapter 10A ,.
- -- - - --- .
(10) Vehicle sales in the CS District shall involve no outdoor sales lot. All vehicle sales shall occur within an enclosed showroom. (11) 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. (12) Retail sales of cannabis shall not be located on any commercial or industrial property within the area bounded by Travis Bl'llti., Pennsylvania Ave., and Gateway Blvd.
(13) 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 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.

PC ITEM NO.: B
PC FILE NO.: OA2022-005
S:\Planning\PC Meetings\PC-2022\22-12-14\ITEM B. Child Day Care in the CS Zone (OA2022-005)\3. Draft Ordinance Beck Ave Child Daycare OA2022-005 .docx PC DATE: 12/14/2022
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S E C T IO N 3 . T h e co u n c il h e re b y m a k e s th e fo ll owing finding pursuant of the Califo rn ia E n v iro n m e n ta l Q u a lity A c t (C E Q A ):

T h e c o u n c il d e te rm in e s th a t th e p ro p o s e d a m e n d m e n t to th e te x t o f th e Z o n in g O rd in a n c e is e x e m p t fr o m 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 ) u n d e r C E QA G u id e lin e s S e ctio n 1 5 0 6 1 (b )(3 ): C o m m o n S e 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 c a 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 xt a m e n d m e n ts re v ise th e la n d u se re g u la tio n s o ft h e C S zo n e . T h e s e c h a n g e s w ill n o t re s u lt in a n y n e w su b s ta n tia l p h y s ic a l c h a n g e to th e e n v iro n m e n t. Fu rt h e rm o re , su b s e q u e n t C o n d itio n a l U se P e rm it (C U P ) a p p lic a tio n s fo r c h il d d a y ca re c e n te rs in th e C S zo n e w ill re q u ire a d d itio n a l C E QA a n a ly s is. A t su c h tim e , C E QA d e te rm in a tio n s w ill b e m a d e fo r th e p ro p o s e d C U P p ro je c 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 a d o p tio n b y th e co u n ci l. 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 a ft e r p a s s a g e , b e p u b lish e d in a c co rd a n c e w ith S e 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 f th 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 ilm e m b e rs v o tin g fo r a n d a g a in s t 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: Councilmembers:

NOES: Councilmembers:

ABSENT:

ABSTAIN:

Council members:

MAYOR
ATTEST:

CITY CLERK
PC ITEM NO.: B
PC FILE NO.: OA2022-005
PC DATE: 12/14/2022
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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
Meeting
Date:

To:

From:

Subject:

December 14, 2022
Chairperson and Members of the Planning Commission
Community Development Department
ITEM B: ZONING ORDINANCE AMENDMENT TO CONDITIONALLY PERMIT CHILD

DAYCARE IN THE CS ZONE
Resolution No. PC2022 -15
Ordinance Amendment (OA2022-005)
Location: Citywide
Applicant: Ken Stewart
Property Owner: N/ A
Public hearing by request of Ken Stewart for Ordinance Amendment (OA2022- 00S) to allow child daycare centers as a conditionally permitted use in the Service Commercial (CS) zoning district. The project is exempt from the California Environmental Quality Act (CEQA) per Section 15061{b)(3) Common Sense Exemption. (Planner: Yee-Lynn Wong, (707) 428-7449, [email protected])

ANALYSIS FOR PLANNING COMMISSION
The Service Commercial (CS) zone is primarily made up of uses of a non-retail character, some of which require outdoor storage or activity areas. Typical uses include small-scale light assembly operations, motor vehicle repair and body shops, equipment rental and storage yards, small- scale warehousing and distribution, and "workshop" type commercial land uses. Retail and office uses are permitted if they are compatible with service commercial uses. Currently, the CS zoning district does not include child daycare centers as permitted or conditionally permitted land use.

Child daycare centers are currently permitted in Neighborhood Commercial, Commercial Thoroughfare, and Community Commercial zones; and they are conditionally permitted in Office Commercial, Regional Commercial, and Mixed Commercial zones.

As defined in the Zoning Ordinance, child daycare centers provide non-medical care and supervision of children for less than 24 hours. These facilities are designed and approved by the California State Department of Social Services for the supervision of children under the age of 18 years.

The Conditional Use Permit (CUP) is intended to allow for activities and uses that may not be appropriate for all locations and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Uses requiring a CUP may not be appropriate without specific conditions being applied that eliminate or minimize any negative C ity of Fairfield
C om m unity D evelopm en t D epartm ent
Prepared by:~
Reviewed by: X{J__
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impacts caused by the use. Allowing child daycare centers as conditionally permitted land use in th e C S zo n e reta in s th e city's au th o rity to re v ie w and regulate CUP applications to determine if th e pro p o se d lo catio n is ap p ro p riate an d ap p ly ne ce ssa ry co n d itio n s. Staff re co g n ize s th at th e re are so m e lo catio n s in th e C S zo n in g d istrict th a t m ay be ap p ro p riate fo r ch ild da y care as is o r w ith co n d itio n s. T h e refo re, staff re co m m e n d s in clu d in g ch ild d ay care ce n te rs as co n d itio n a lly pe rm itte d la n d use in th e C S zo n in g district.

A. ZO N IN G O R D IN A N C E A M E N D M E N T

1. Conditionally permit child daycare centers in the CS zoning district.

U n d e r S e ctio n 25 .2 2 Comm ercial Zoning Districts - 25 .2 2 .2 Allowed Uses and Permit Requirem ents, "C " w ill be ad d e d to T ab le 25 -9 Comm ercial District Land Use Regulations fo r ch ild da y care ce n te rs in th e C S zo n e to in d icate th e use is co n d itio n a lly pe rm itt e d .

B. EN V IR O N M E N T A L R EV IEW
Fo llo w in g a re v ie w of th e zo n in g o rd in a n ce am e n d m e n t re q u e st, staff has de te rm in e d th at it is exe m p t fr o m th e re q u ire m e n ts o f th e C alifo rn ia E n v iro n m e n tal Q ua lity A ct (C EQA ). U n d e r C E QA , th e State has id e n tifi e d a list o f pro je ct cl a sse s th at hav e be e n de te rm in e d no t to ha v e a sig n ific an t effect o n th e e n v iro n m e n t an d are , th e refo re , exe m p t fr o m th e re q u ire m e n ts of C E QA . T h e pro p o se d zo n in g o rd in a n ce am e n d m e n t is exe m p t un d e r C EQA G u id e lin e s S e 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 pro je cts w h ich ha v e th e po te n tia l fo r cau sin g a sig n ifican t o n th e en viro n m e n t. T h e te xt am e n d m e n ts rev ise th e la n d use reg u latio n s of th e C S zo n e . T h e se ch a n g es w ill no t re su lt in an y ne w su b sta n tia l ph y sical ch a n g e to th e e n viro n m e n t. Fu rth e rm o re, su b se q u e n t C U P ap p licatio n s fo r ch ild day care ce n te rs in th e C S zo n e w ill re q 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 pro p o se d C U P p ro je ct.

C. C O R R E SPO N D EN C E
A P u b lic he a rin g no tice w as pu b lish e d in th e D a ily R e p u b lic ne w sp a p e r o n D e ce m b e r 4, 20 2 2 . T h e C ity has re ce iv e d no qu e stio n s o r co m m e n ts re g ard in g th is p ro p o sal at th e tim e o ft h is w ritin g .

RECOM M ENDATION
Staff re co m m e n d s th at th e Pla n n in g C o m m issio n ad o p t R e so lu tio n N o . PC 2 0 2 2 -1 5 re co m m e n d in g th e C ity C o u n cil ap p ro ve th e re q u e ste d Zo n in g O rd in a n ce A m e n d m e n t.

A tt ach m e n ts:

1. P la n n in g C o m m issio n R e so lu tio n P C 2 0 2 2 -1 5 , w ith att ach e d :
• Exh ib it A - D raft O rd in a n ce fo r Zo n in g O rd in a n ce A m e n d m e n t PC ITEM NO.: B
PC FILE NO.: OA2022-005
PC DATE: 12/14/2022
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City of Fairfield Planning Commission
RESOLUTION NO. 2022-011

RESOLUTION OF THE PLA NNING COMMISSION OF THE CITY OF FAIRFIELD 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 CORRECT INADVERTENT

OM ISSIONS, ADJUST PERMITT ED USES, UPDATE TABLES, AND UPDATE DEVEL OPMENT

STANDARDS AND REGULA TIONS RELA TING TO GARAGE CONVERSIONS, SMALL LOT AND MIXED-USE DEVEL OPMENT, AND RESIDENTIAL SIDEYARD SET BACKS.

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

SECTION 1. The Planning Commission has found that it is necessary to periodically review and revise Chapter 25, Article I (the "Zoning Ordinance") to implement the General Plan and adopted Specific Plans and to keep up to date with current practices and City policy, bring the City into co nfo rmance with State law, and correct errors and omissions where they have been identified.

SECTION 2. The Planning Commission has held a duly noticed public hearing on September 28, 2022. City staff presented substantial info rmation regarding the proposed Zoning Ordinance amendments in staff reports and through oral presentations before the Planning Comm ission, 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 on September 28, 2022, the Planning Commission has determined that the proposed amendm ents to the text of the Zoning Ordinance are exempt from the Californ ia Environmental Quality Act (CEQA ) under CEQA Guidelines 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 Govern ment Code; Section 15282(h), which categorically exempts ordinances implementing Sections 65852.1 and 65852.2 of the Government Code relating to seco nd units in a single-fa mily or multifa mily residential zone; and under Section 15061(b)(3), the common sense exem ption that CEQA only applies to projects which have the potential to cause a significant effect on the environm ent. The text amendments make minor changes to clarify existing standards and requirements fo r 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.

SECTION 4. Based upon the info rmation contained in the staff report and presented by staff on September 28, 2022, the Planning Commission hereby finds that the proposed amendm ents to the text of the Zoning Ordinance are consistent with the General Plan and recomm ends the City Council adopt the Zoning Ordinance amendments, as attached hereto as Exhibit A.

PC ITEM NO.: B
PC FILE NO.: OA2022-001
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S E C T IO N 5 . T h e re co rd o f p ro c e e d in g s s h a ll b e lo ca te d at th e C ity 's C o m m u n ity D e v e lo p m e n t D e p a rtm e n t a n d th e d ire c to r o f c o m m u n ity d e v e lo p m e n t s h a ll b e th e c u sto d ia n o f su c h d o c u m e n ts .

PASSED AND ADOPTED this 28th day of September 2022.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ATTEST:
~;~
DAVID FEINSTEIN, Secretary
Jerome CHILDS (Chair) /-Mel+&s a-CR.Y ~eN :fV-iee-) / 4:er!iciiiJ- -E:\tA:N?i Don GREVE/ Chris MATTHEWS/ Shashi PAUL/Tina

WERBLIN
£VANS
NONE
CRVZSN
PC ITEM NO.: B
PC FIL E NO.: OA2022-001
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DRAFT EXHIBIT A

PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 1
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

CITY OF FAIRFIELD

ORDINANCE NO. 2022-_____

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 OF THE CITY OF FAIRFIELD, TO CORRECT INADVERTENT OMISSIONS,

ADJUST PERMITTED USES, UPDATE TABLES, AND UPDATE DEVELOPMENT STANDARDS AND

REGULATIONS RELATING TO GARAGE CONVERSIONS, SMALL LOT AND MIXED-USE DEVELOPMENT, AND RESIDENTIAL SIDEYARD SETBACKS.

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, 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. The zoning designation for 1100 Texas Street (APN: 0030-174-080) is hereby rezoned as Heart of Fairfield Downtown (HD).

SECTION 3. 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); 2) add “Section 25.20.4.13” to the Additional Regulations column next to “Boarding houses, large” and “Boarding houses, small”; 3) add a dash to indicate that duets are not permitted in Residential, Very Low (RVL); 4) remove “Mini-storage” as a conditionally permitted use in Residential, Medium Density (RM) and Residential, High Density (RH); 5) permit “Park, playground” in Residential, Very High Density (RVH); 6) and 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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PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 2
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

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
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ORD. NO 2022-_____

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PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 3
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

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
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
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 Packet Page 523 of 812Attachment 9 Page 5 of 48

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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
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 operator 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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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment SECTION 4. 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 to require common open spaces to provide recreational amenities 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
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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

Private open space per unit In RLM zone: 450 square feet; Notes 5, 12 In RM and RH zones: 280 sf Common open space (percent of net parcel area) Five Two 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
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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
Setbacks to
garages
…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 200 square feet per dwelling unit of common open space developed for multiple active uses, such as playgrounds, play courts, barbecue areas, pool, etc.

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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
(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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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment SECTION 5. 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 6. 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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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment 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 7. Regulations regarding boarding houses are moved in their entirety from Section

25.32 to Section 25.20 by deleting Section 25.32.12 Boarding Houses and adding Section

25.20.4.13 Boarding Houses as follows:

Section 25.20 Residential Zoning Districts

25.20.4.13 Boarding Houses

Small Boarding Houses shall obtain Zoning Clearance from the Community Development Department prior to establishment of a boarding house use.

Large Boarding Houses shall obtain a Zoning Clearance or a Conditional Use Permit, depending on the Zoning District, prior to initial establishment of the Large Boarding House use.

All boarding houses shall be subject to the following requirements:

1. There shall be no exterior signage indicating the use.

2. All boarding houses shall meet applicable housing, fire, and building codes.

3. Boarding houses shall be separated by a minimum 300-foot distance from each other. No boarding house shall be located in the same block as another boarding house.

4. Boarding houses shall provide one parking space for each household, lease, or payment arrangement. For boarding houses whose residents do not possess drivers˜ licenses or registered vehicles, the Community Development Director or his designee may waive or reduce this requirement. However, a change in tenancy may require parking spaces be provided for households with additional licenses or registered vehicles. Parking spaces shall meet the following requirements:

a. At least two covered parking spaces shall be provided within a garage or accessory structure on the property.

b. Driveways shall not exceed 60% of the width of the property frontage.

c. Tandem parking may meet the parking requirements of this section.

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment d. On street parking fronting only on the residential property may be used to meet the requirements of this section. (Ord. No. 2020-20, § 3.)

SECTION 8. 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 permit 1) “Coworking spaces” and 2) “Tasting rooms” in commercial zones, and 3) add a “P” to indicate that “Temporary uses and events” are permitted in commercial zones as follows:

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Table 25-9: Commercial District Land Use
Regulations C Conditional Use Permit
- Not permitted
Additional Regulations Use CN CO CS CT CC CR CM
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 -
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Table 25-9: Commercial District Land Use
Regulations C Conditional Use Permit
- Not permitted
Additional Regulations Use CN CO CS CT CC CR CM

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

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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

Temporary and Other Uses

Temporary uses and events

P P P P P P P

Notes
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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment SECTION 9. 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 10. 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) conditionally permit “Parking facility, non-residential” in the West Texas Street (HWT) and Transit-Oriented Development (HTD) zoning districts, and 2) permit “Tattoo parlors” in Heart of Fairfield zoning districts as follows:

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Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use
Permit
- Not
permitted
Heart of Fairfield Zoning District
Additional
Regulations HD HDC HO HWT HTD HR HPF
Use Ground Upper Ground Upper All
Floors All
Floors All
Floors All
Floors All
Floors
Note 7 Note
13 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 Motel - - - - - - -
Hotel, Extended Stay C C P P - P - - - Sec.

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Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use
Permit
- Not
permitted
Heart of Fairfield Zoning District
Additional
Regulations HD HDC HO HWT HTD HR HPF
Use Ground Upper Ground Upper All
Floors All
Floors All
Floors All
Floors All
Floors
Note 7 Note
13 Motel, Extended Stay - - - - - - - - -
Maintenance & repair,
machinery & small engine - - - - - C - - -
Maintenance & repair,
personal and household items P P P P P P P - P Mini-storage - - - - - - - - -
Personal care and domestic
services P P P P P P P - P Note 8
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 Transportation and Communication
Antenna or communication facility - C - C C C C - C Helipad - - - - - C - - C
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Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use
Permit
- Not
permitted
Heart of Fairfield Zoning District
Additional
Regulations HD HDC HO HWT HTD HR HPF
Use Ground Upper Ground Upper All
Floors All
Floors All
Floors All
Floors All
Floors
Note 7 Note
13 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 - - - - - - - - -

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment SECTION 11. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section

25.23.3 General Development Regulations, Table 25-H3, Table 25-H4, and Table 25-H5 are hereby amended to 1) reduce the Heart of Fairfield Residential (HR) single family side yard setback and 2) reduce multi-residential and mixed-use parking standards in the West Texas Street (HWT) zoning district as follows:

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Table 25-H3: Development Regulations for Multifamily Buildings

(all figures are minimums measured
from property lines and in linear feet,
unless otherwise indicated) HD/HDC HWT HO HTD HR
Sections
and
Footnote
s
Heart of Fairfield Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD RM-D

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
percentage of net
parcel area)
0% 25% 25% 0% 25%
Includes
shared
courtyards
and usable
yards. 50%
of common
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Table 25-H3: Development Regulations for Multifamily Buildings

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 on
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
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Table 25-H3: Development Regulations for Multifamily Buildings

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
recylables) Required Section

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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

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
Multifamily Housing - Where
Permitted
Not permitted on first
floor of Texasw Street No restrictions No restrictions No restrictions Commercial
Buildings -
Where
Permitted
No restrictions
Commercial
buildings permitted
only on parcels with
West Texas Street
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 Packet Page 544 of 812Attachment 9 Page 26 of 48

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Table 25-H4: Development Regulations for Mixed Use

(Properties with a Mixture of
Residential and Commercial
Development)

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
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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Table 25-H4: Development Regulations for Mixed Use

(Properties with a Mixture of
Residential and Commercial
Development)

Storage Space (private square
footage per unit) 100 cubic feet per unit
Trash Enclosures (including
recylables) Required Section

25.30.7 Buildings
Building Height Limits 60' 50' 35' 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
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' Note 8
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Table 25-H4: Development Regulations for Mixed Use

(Properties with a Mixture of
Residential and Commercial
Development)

setbacks
(maximum
setbacks)
measured from
property line)
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
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

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment Table 25-H5: Development Regulations for Single Family Homes

Regulations Applicable

(all figures are minimums measured from
property line and in linear feet, unless
otherwise indicated)

HWT HO HR
Sections
and
Footnotes
Heart of Fairfield Land Use Designation MU-WTS MU-OCD 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 or street side elevation) 60%
Not applied
when
garages face
an alley or
located on
the rear half
Setbacks to garages
if garage faces any street 18'
if garage faces interior side yard 15'
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'
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Regulations Applicable

(all figures are minimums measured from
property line and in linear feet, unless
otherwise indicated)

HWT HO HR
Sections
and
Footnotes
Heart of Fairfield Land Use Designation MU-WTS MU-OCD RM-D 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

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, street trees, and ade (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 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.

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment SECTION 12. 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) zoning district as follows:

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment 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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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment SECTION 13. 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 2022-_____. 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 Packet Page 552 of 812Attachment 9 Page 34 of 48

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment approval which causes the permit to expire or become null and void upon annexation to the City, shall be subject to the following regulations:
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 2022-_____, 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 14. Chapter 25, Article I, Section 25.50 Definitions of Terms and Phrases, Section

25.50.2 Land Use Definitions is hereby amended to define “Transparency” as follows:

25.50.2 Land Use Definitions

T. Land use definitions, “T”.

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S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment Transparency. The condition of a vertical surface that allows light to pass through so that objects behind can be clearly seen.

SECTION 15. The council hereby makes the following finding pursuant of 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 rule 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 16. 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 councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 11th day of November 2022, and

PASSED AND ADOPTED this 6th day of December, 2022, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

______________________________

CITY CLERK
Packet Page 554 of 812Attachment 9 Page 36 of 48

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
Rezone PF-P1 to HD-P1
Parcels
Zoning
LAND USE DIAGRAM - HOF REZONE2022 Zoning Ordinance Amendments(OA2022-001)

EXHIBIT B
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C IT Y O F FA IR FIEL D

PLA N N IN G C O M M IS S IO N

M IN U T ES
SEPTEMBER 28, 2022

REGULAR MEETING
6:00 P.M.

I. ROLL CALL

Present: Chairperson CHILDS, Jerome
Commissioner EVANS, Lerecia
Commissioner GREVE, Don
Commissioner MATT HEW S, Chris
Commissioner PAUL, Shashi
Commissioner WERBLIN, Tina

Absent: Vice-Chairperson CRUZEN, Melissa
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Paul.

Ill. INFORMATION ON SPEAKER CARDS
IV. APPROVAL OF AGENDA
Commissioner W erblin made a motion to appro ve the agenda as submitted. The motion was seconded by Commissioner Paul. The motion was appro ved unanimously by roll call vote, with Vice-Chairperson Cruzen absent.

V. APPROVAL OF MINUTES OF SEPTEMBER 14, 2022
Commissioner Evans made a motion to appro ve the Minutes for the Planning Commission's September 14, 2022, meeting. The motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote, with Vice-Chairperson Cruzen absent.

VI. PUBLIC COMMENTS
The following persons spoke during public comments
• Nora Martinez, PO Box 379 Fairfield
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VII. SCHEDULED MATTERS

ITEM A SUNSET AVENUE APARTMENTS
RESOLUTION PC2022-10
A RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW (DR2021- 017) FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT WITH 130 APARTMENTS AND ASSOCIATED SITE IMPROVEMENTS ON 8.71 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF SUNSET AVENUE AND EAST TABOR AVENUE (APNs: 0037-030-200; 0037-030-210; and 0037-060-480); RECOMMENDING THE FAIRFIELD CITY COUNCIL FIND THE PROPOSED ANNEXATION OF 2.82-ACRES (APN: 0037-060-480)

CONSISTENT WITH THE CITY'S GENERAL PLAN AND MUNICIPAL SERVICES REVIEW AND REQUEST THE

SOLANO LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY, APPROVE ZONE CHANGE (ZC2021-006), AND ADOPT A MITIGATED NEGATIVE DECLARATION (ER2021-039).

Senior Planner Jonathan Atkinson made a presentation on the item and answered questions.

Planning Division Manager Dave Feinstein also answered questions.

The following person spoke during the public comment period:
• Brent Little, Michelson Drive, Irvine, on behalf of the applicant Commissioner Evans made a motion to approve the project, with conditions as contained in pro posed Resolution PC2022-10 but Planning condition 1.1.b was modified to require 20-30 hand float finish for buildings. The motion was seco nded by Commissioner Paul. The motion was approved unanimously by roll call vote, with Vice-Chairperson Cruzen absent.

ITEMB 2022 ZONING ORDINANCE AMENDMENTS
RESOLUTION 2022-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD 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 CORRECT INADVERTENT OMISSIONS, ADJUST

PERMITTED USES, UPDATE TABLES, AND UPDATE DEVELOPMENT STANDARDS AND REGULATIONS

RELATING TO GARAGE CONVERSIONS, SMALL LOT AND MIXED-USE DEVELOPMENT, AND RESIDENTIAL SIDEYARD SETBACKS.

Associate Planner Jessie Hernandez made a presentation on the item and answered questions.

Planning Division Manager Dave Feinstein also answered questions.

The following person spoke during the public comment period:
• Jasmine Singh
Commissioner W erblin made a motion to appro ve Resolution 2022-11, with the proposed percentage of usable open space required for Small Lot subdivisions increased from 2% to 3%.

The motion was seconded by Commissioner Greve. The motion was approved 5-1 by roll call vote, with Commissioner Evans opposed and Vice-Chairperson Cruzen absent.

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VIII. INFORMATION AND COMMUNICATIONS

ITEM A DIRECTOR'S REPORT AND COMMISSIONER'S COMMENTS
Mr. Feinstein noted that, following discussions at the last meeting and public comment afterward regarding the market demand for grocery stores, staff would be preparing some information for the Commission on the topic, be provided at an upcoming meeting. He also noted that there is an item for the next meeting's agenda, an appeal of a Zoning Administrator condition for a vehicle storage facility.

IX. ADJOURNMENT TO NEXT MEETING OF OCTOBER 12, 2022
Respectfully submitted,
~)w-,f~-

DAVID FEINSTEIN
Planning Commission Secretary
___ --=:::::::.-,.

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STAFF REPORTMeetingDate:September 28,2022ToChairperson and Members of the Planning CommissionFrom:Community Development DepartmentSubject:ITEM B: 2022ZONING ORDINANCE AMENDMENTSResolution No. 2022-0LLOrdinance Amendments (OA2022-1)Location: CitywideApplicant: City of FairfieldProperty Owners: N/Apublic hearing by request of the City of Fairfield for Ordinance Amendments(OAZOZ2-1) to correct an inadvertent mistake by rezoning 1L00 Texas Street toDowntown (HD); adjust permitted and conditionally permitted uses in Residential,Heart of Fairfield, Commercial, and lndustrial zoning districts in alignment withexisting General Plan and Specific Plan goals and objectives; update small lotdevelopment standards to require recreational amenities; clarify that AccessoryDwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) garageconversions do not require replacement parking; clearly permit one detached ADUand one JADU on properties with single-family dwelling and duets in accordancewith State law; relocate Section 25.32.L2 Boarding Housings from Section 25.32Specific lJse Regulations to Section 25.20 Residential Zoning Districts; requirecommon open spaces to provide passive or active recreation and communityamenities; reduce Heart of Fairfield residential side yard setbacks and multi-residential parking standards to attain desired urban character; extend thedeadline for filing lnterim Use Permits in the Train Station Specific Plan area; andadd a definition for "transparency." (Planner Jessie Hernandez, 707-428-7450'i h erna ndez@fa irfield.ca.sov)BACKGROUNDAt least once a year, planning staff reviews and recommends revisions to the Fairfield ZoningOrdinance. Such revisions keep the zoning code up to date with current planning practice, Statelaw, City policy goals, and correct inadvertent errors and omissions. The proposed amendmentsconstitute the first Zoning amendments of 2022. Along with minor cleanup items, at the requestof the planning Commission, staff propose regulations to facilitate desired patterns ofdevelopment in alignment with existing General Plan and Specific Plan goals and objectives.City of FairfieldPrePared bY: tJ !tartment Reviewed uy' I't,lDevelopment DepCommunityPacket Page 559 of 812Attachment 9 Page 41 of 48

PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 2
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

ZONING ORDINANCE AMENDMENTS

ZONING DESIGNATIONS

1. Rezone 1100 Texas Street (APN: 0030-174-080) as Heart of Fairfield Downtown (HD).

1100 Texas Street (APN: 0030-174-080) was identified as Heart of Fairfield Downtown (HD) in the Heart of Fairfield Specific Plan, but inadvertently zoned as Public Facilities (PF). Staff recommends correcting this inadvertent zoning by rezoning 1100 Texas as HD.

Exhibit B – Land Use Diagram-HOF Rezone

SECTION 25.20 RESIDENTIAL ZONING DISTRICT

25.20.2 ALLOWED USES AND PERMIT REQUIREMENTS

2. Remove Duets as a Permitted Use in Residential, Low Density (RL).

Duets, attached units with a property line separating them, are currently conditionally permitted in the Residential, Low Density (RL) zoning district. Staff recommends removing duets as a conditionally permitted use in the RL zoning district in Table 25-1, as this use does not align with the desired level of density of the RL zoning district. The amendment is consistent with existing regulations for the RL and RVL districts, which require side setbacks greater than zero.

Exhibit A – Proposed Zoning Ordinance Amendments

3. Add “Section 25.20.4.13” to the Additional Regulations column next to “Boarding houses, large” and “Boarding houses, small” in Table 25-1.

Staff recommends adding “Section 25.20.4.13” as a note to the Additional Regulations column next to “Boarding houses, large” and “Boarding houses, small” land uses in Table 25-1 to direct readers to pertinent sections of the Zoning Ordinance that provide further regulations on the land uses.

Exhibit A – Proposed Zoning Ordinance Amendments

4. Add a dash (-) to Table 25-1 to indicate that duets are not permitted in the Very Low Residential (RVL).

Duets are currently not permitted in the Residential, Very Low (RVL) zoning district. Staff recommends adding a dash (-) to Table 25-1 to indicate that duets are not permitted in the RVL zoning district to clarify and correct an inadvertent omission.

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PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 3
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

Exhibit A – Proposed Zoning Ordinance Amendments

5. Remove “Mini-storage” as a conditionally permitted use in residential zoning districts.

“Mini-storage” is currently conditionally permitted in the Residential, Medium Density (RM) and Residential, High Density (RH) zoning districts. Staff recommends removing “Mini-storage” as a conditionally permitted use in the RM and RH zoning districts, as this use does not support the City’s vision for walkable and complete neighborhoods with accessible grocery stores, restaurants, retail shops, and public facilities in these zoning districts.

Exhibit A – Proposed Zoning Ordinance Amendments

6. Permit “Park, playground” in Residential, Very High Density (RVH).

“Park, playground” is not currently permitted in the Residential, Very High Density (RVH) zoning district. Staff recommends permitting “Park, playground” in the RVH zoning district in Table 25-1 as parks and playgrounds are critical community amenities for all residents and neighborhoods, particularly for high density neighborhoods in which residents often lack private open space such as backyards.

Exhibit A – Proposed Zoning Ordinance Amendments

7. Remove the “[Removed]” note in Table 25-1, renumber the notes, and update the Additional Regulations column to reflect the newly numbered notes.

Staff recommends removing the “[Removed]” note in Table 25-1, renumbering the notes in chronological order, and updating the Additional Regulations column to reflect the newly numbered notes to clean up Table 25-1 and eliminate unnecessary information.

Exhibit A – Proposed Zoning Ordinance Amendments

25.20.3.2 SMALL LOT SINGLE FAMILY DEVELOPMENT REGULATIONS

8. Update small lot development standards to require common open spaces to provide recreational amenities.

Small lot development regulations in Table 25-5 currently requires common open space totaling five percent of net project area. Recent projects have provided unusable common open space without amenities, including counting detention basins and stormwater features towards open space requirements. As a result, staff recommends reducing the common open space requirement to total two percent of net project area, requiring common open space to provide Packet Page 561 of 812Attachment 9 Page 43 of 48

PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 4
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment one or more active recreational amenities, and excluding detention basins and stormwater quality features from being counted towards open space requirements unless usable for active recreation purposes.

Exhibit A – Proposed Zoning Ordinance Amendments

25.20.4.3 GARAGE CONVERSIONS

9. Update the “Garage Conversions” Section.

The parking requirements in Section 25.20.4.3 Garage Conversions currently prohibit the conversion of garage space into ADUs without replacing displaced parking in contradiction with State law. Staff recommends updating the requirements to clearly permit the conversion of garages into ADUs without replacing parking displaced by the conversion.

Exhibit A – Proposed Zoning Ordinance Amendments

25.20.4.11 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

10. Revise ADU text to clearly permit one detached ADU and one JADU on properties with single-family dwellings and duets.

The existing ADU text permits one ADU on properties with single-family dwellings, duplexes, duets, or multi-family dwellings. Under State law, one detached ADU and one JADU, or one ADU, is permitted. Staff recommends revising the text to clearly permit one detached ADU and one JADU, or one ADU in accordance with State law.

Exhibit A – Proposed Zoning Ordinance Amendments

25.20.4.13 (NEW) BOARDING HOUSES

11. Move Section 25.32.12 Boarding Houses from Section 25.32 Specific Use Regulations to Section 25.20 Residential Zoning Districts.

Section 25.32.12 Boarding Houses is currently located within Section 25.32 Specific Use Regulations. Staff recommends relocating Section 25.32.12 Boarding Houses to Section 25.20 Residential Zoning Districts as boarding houses are a residential use, and more relevant to residential zoning districts than to specific use regulations.

Exhibit A – Proposed Zoning Ordinance Amendments

SECTION 25.22 COMMERCIAL ZONING DISTRICTS

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PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 5
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

25.22.2 ALLOWED USES AND PERMIT REQUIREMENTS

12. Permit “Coworking Spaces” in Commercial Zones.

Coworking spaces are defined as facilities containing desks or other workspaces with shared business resources. These spaces are similar in character and use to office spaces, prohibiting fabrication tools in excess of what is customary within a typical office environment.

Due to the similar use and character of coworking spaces to office space, staff recommends permitting coworking spaces in all commercial zones permitting offices, including the Neighborhood Commercial (CN), Community Commercial (CC), Thoroughfare Commercial (CT), Service Commercial (CS), Mixed Commercial (CM), Office Commercial (CO), and Regional Commercial (CR) zoning districts.

Exhibit A – Proposed Zoning Ordinance Amendments

13. Permit “Tasting Rooms” in Commercial Zones.

Tasting rooms are not currently permitted in any commercial zoning district. Staff recommends relaxing these standards to permit and conditionally permit tasting rooms in appropriate commercial zoning districts, such as those which conditionally permit bars. Staff recommends permitting tasting rooms in the Thoroughfare Commercial (CT), Community Commercial (CC), and Regional Commercial (CR) zoning districts, and conditionally permitting tasting rooms in the Office Commercial (CO) zoning district.

Exhibit A – Proposed Zoning Ordinance Amendments

14. Add a “P” to Table 25-9 to indicate that “Temporary Uses and Events” are permitted in Commercial Zones.

“Temporary uses and events” are temporary commercial activities such as Christmas tree lots and pumpkin patches and are currently permitted in commercial districts throughout the City.

Staff recommends adding “Ps” to Table 25-9 to indicate that “Temporary uses and events” are permitted in commercial zones throughout the city and correct an inadvertent omission.

Exhibit A – Proposed Zoning Ordinance Amendments

25.22.4 REGULATIONS OF SPECIFIC USES

15. Revise open space requirements for mixed-use development to require common open spaces to provide passive or active recreation and community amenities and minimum dimensions of 15 by 15 feet.

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PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 6
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment The open space requirements for mixed-use development currently requires 200 square feet of common open space per dwelling unit. Staff proposes reducing the requirement for 200 square feet of common open space per dwelling unit to 150 square feet, and strengthening these requirements to additionally require private common open spaces to provide passive or active recreation and community amenities such as barbecues, outdoor gym equipment, or play structures, and minimum dimensions of 15 by 15 feet to ensure that these private common open spaces are usable, similar to the requirements for residential multifamily development. This recommendation is in response to recently approved mixed-use projects, which provided small and fragmented open space areas in unsuitable locations, such as around trash enclosures.

Exhibit A – Proposed Zoning Ordinance Amendments

SECTION 25.23 HEART OF FAIRFIELD PLAN ZONING DISTRICTS

25.23.2 ALLOWED USES AND PERMIT REQUIREMENTS

16. Conditionally permit “Parking facility, non-residential” in the West Texas Street (HWT) and Transit-Oriented Development (HTD) zoning districts.

“Parking facility, non-residential” is currently permitted by right in the West Texas Street (HWT) and Transit-Oriented Development (HTD) zoning districts. Staff recommends conditionally permitting this use in the HWT and HTD zoning districts, as the use does not align with the City’s vision for pedestrian- and transit-oriented development in these zoning districts and should be considered on a case-by-case basis.

Exhibit A – Proposed Zoning Ordinance Amendments

17. Permit “Tattoo parlors” in Heart of Fairfield zoning districts.

Tattoo parlors are currently only conditionally permitted in the West Texas Street (HWT) zoning district in the Heart of Fairfield. Staff recommends relaxing these standards and permitting tattoo parlors in the West Texas (HWT), Mixed Use Office (HO), and Transit-Oriented Development District (HTD) zoning districts. Staff is not concerned with the potential for over concentration, as the market will only support so many tattoo parlors in the Heart of Fairfield Specific Plan area.

Exhibit A – Proposed Zoning Ordinance Amendments

25.23.3 GENERAL DEVELOPMENT REGULATIONS

18. Reduce the Heart of Fairfield Residential (HR) side yard setback.

The Heart of Fairfield Residential (HR) single family side yard setback is currently 5’. Staff recommends reducing the HR single family side yard setback to either 0’ minimum, 4’ total, or as Packet Page 564 of 812Attachment 9 Page 46 of 48

PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 7
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment necessary to provide private open space, with a note that the interior side-yard setback may be reduced to three feet for structures complying with all applicable Uniform Building Code regulations. This proposed reduced setback is consistent with the existing setbacks for the higher density residential zoning districts, including the Residential, Low Medium Density (RLM), Residential, Medium Density (RM), and Residential, High Density (RH) zoning districts, and supports the City’s vision for dense, urban development for the HR zoning district.

Exhibit A – Proposed Zoning Ordinance Amendments

19. Reduce multi-residential and mixed-use parking standards in the West Texas Street (HWT) zoning district.

The current multi-residential parking standards in the West Texas Street (HWT) zoning district requires 1 – 2 parking spaces per unit, consistent with parking standards for the Residential, Low Medium Density (RLM), Residential, Medium Density (RM) Residential, High Density (RH), and Residential, Very High Density (RVH) zoning districts. Staff recommends reducing the HWT parking standard to 1 1/3 parking spaces per unit for multi-family buildings and 1 space per unit for mixed-use buildings, consistent with the other Heart of Fairfield zoning districts, to support the Heart of Fairfield Specific Plan’s vision for dense, urban development in the HWT zoning district.

Exhibit A – Proposed Zoning Ordinance Amendments

SECTION 25.24 INDUSTRIAL ZONING DISTRICTS

20. Permit “Coworking space” in the Industrial Business Park (IBP) zoning district.

The Industrial Business Park (IBP) district is intended for business and industrial parks in campus- like settings. Permitted uses include administrative and professional offices research and development parks, and light manufacturing. Coworking space is not currently permitted.

Staff recommends permitting coworking space in the IBP district, as the use aligns with the intent of the IBP district and is compatible with permitted uses.

Exhibit A – Proposed Zoning Ordinance Amendments

SECTION 25.28 OVERLAY ZONING DISTRICTS

25.28.7 LAND USE AND DEVELOPMENT REGULATIONS FOR SPECIFIC PLANNED DEVELOPMENT

OVERLAY DISTRICTS

21. Extend deadline for filing an Interim Use Permit for nonconforming uses in the Train Station Specific Plan area.

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PC ITEM NO.: B PC DATE: 09/28/2022
PC FILE NO.: OA2022-001 PAGE 8
PROJECT: 2022 ZONING ORDINANCE AMENDMENTS
S:\Planning\PC Meetings\PC-2022\22-09-28\Item B - Zoning Ordinance Amendment

The deadline for filing an Interim Use Permit application for nonconforming uses in the Train Station Specific Plan area is approaching. Staff recommends extending the deadline to one year after the effective date of this ordinance to support property and business owners of nonconforming uses who are trying to comply with the Zoning Ordinance.

Exhibit A – Proposed Zoning Ordinance Amendments

SECTION 25.50 DEFINITIONS OF TERMS AND PHRASES

25.50.2 LAND USE DEFINITIONS

22. Define “Transparency.”

Ground floor and upper floor transparency are currently required for buildings in the Heart of Fairfield zoning districts. “Transparency” is defined in Section 25.23.3 General Development Regulations, but not Section 25.50.2 Land Use Definitions. Staff recommends adding the existing definition for transparency to Section 25.50.2 Land Use Definitions.

Exhibit A – Proposed Zoning Ordinance Amendments

RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. PC2022-011, which recommends the City Council approve the Zoning Ordinance Amendments and the Heart of Fairfield Specific Plan Amendment.

ATTACHMENTS

1. Planning Commission Resolution No. 2022-011, with attached:
• Exhibit A – Proposed Zoning Ordinance Amendments
• Exhibit B – Land Use Diagram-HOF Rezone

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Agenda Item No: 14.

AGENDA REPORT
DATE:January 17, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Public Hearing; and
Resolution 202308 of the City Council of the City of Fairfield [Approving/Sustaining] [Denying/Overruling] the Appeal of the Revocation of Business License Number 07000966 Belonging to Smoke N More LLC, Located at 1306 West Texas Street, Fairfield, CA 94533
RECOMMENDED ACTION
Hold public hearing and adopt resolution approving/sustaining or denying/overruling the appeal of the revocation of business license #07000966 for Smoke N More LLC.

STATEMENT OF ISSUE
The Fairfield Municipal Code allows the holder of a City business license to appeal the revocation of their license to the council. Fairfield Municipal Code section 10B.33 requires the council to conduct a hearing and approve/sustain or deny/overrule the appeal.

DISCUSSION
On September 9, 2022, the City of Fairfield revoked business license #07000966 belonging to Smoke N More LLC located at 1306 West Texas. The owner of Smoke N More LLC, Mr. Ahmed Saeed through his attorneys Brandon Kline and John Coyle has appealed the revocation of his City business license #07000966 on or about September 13, 2022, and asked for the date of January 17, 2023, at 6:00 p.m. during the normal City Council meeting to have the appeal heard.

On December 6, 2022, the council passed Resolution 2022312, setting the appeal of the revocation of business license #07000966 for January 17, 2023, at 6:00 p.m. during the normal City Council meeting.

The council is required to hold a hearing on this matter and approve or deny the appeal.

Fairfield Municipal Code 10B.33 states:
10B.33 Appeal to council; findings conclusive.

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Agenda Item No: 14.AGENDA REPORTDATE:January 17, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Public Hearing; andResolution 202308 of the City Council of the City of Fairfield [Approving/Sustaining][Denying/Overruling] the Appeal of the Revocation of Business License Number07000966 Belonging to Smoke N More LLC, Located at 1306 West Texas Street,Fairfield, CA 94533RECOMMENDED ACTIONHold public hearing and adopt resolution approving/sustaining or denying/overruling the appeal of therevocation of business license #07000966 for Smoke N More LLC.STATEMENT OF ISSUEThe Fairfield Municipal Code allows the holder of a City business license to appeal the revocation oftheir license to the council. Fairfield Municipal Code section 10B.33 requires the council to conduct ahearing and approve/sustain or deny/overrule the appeal.DISCUSSIONOn September 9, 2022, the City of Fairfield revoked business license #07000966 belonging to SmokeN More LLC located at 1306 West Texas. The owner of Smoke N More LLC, Mr. Ahmed Saeed throughhis attorneys Brandon Kline and John Coyle has appealed the revocation of his City business license#07000966 on or about September 13, 2022, and asked for the date of January 17, 2023, at 6:00 p.m.during the normal City Council meeting to have the appeal heard. On December 6, 2022, the council passed Resolution 2022312, setting the appeal of the revocation ofbusiness license #07000966 for January 17, 2023, at 6:00 p.m. during the normal City Council meeting.The council is required to hold a hearing on this matter and approve or deny the appeal. Fairfield Municipal Code 10B.33 states:
10B.33 Appeal to council; findings conclusive.

Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified. The council shall fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application.

If a timely appeal is filed, the effect of the decision of the collector shall be stayed until the appeal is decided by the council. The findings of the council shall be final and conclusive and shall be served upon the applicant in the manner prescribed above for service of notice of hearing.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
By operation of the Municipal Code, the City Council must issue a ruling to approve/sustain or deny/overrule the appeal.

STAFF CONTACT
John Robinson
(803) 3488545
[email protected]
COORDINATED WITH
City Attorney's Office, Finance Department, Police Department ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
Attachment 2: Respondent Packet
Attachment 3: Hearing Packet
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 1/4/2023 1:59 PM
Packet Page 568 of 812

CITY OF FAIRFIELD

RESOLUTION NO. 2023-08

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD [APPROVING/SUSTAINING] [DENYING/OVERRULING] THE APPEAL OF THE REVOCATION OF BUSINESS LICENSE NUMBER 07000966 BELONGING TO SMOKE N MORE LLC, LOCATED AT 1306 WEST TEXAS STREET, FAIRFIELD, CA 94533

WHEREAS, on or about September 9, 2022, the City of Fairfield revoked business license number 07000966 belonging to Smoke Shop N More LLC located at 1306 West Texas Street in the City of Fairfield, State of California; and

WHEREAS, Fairfield Municipal Code section 10B.33 states, “Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified ;” and

WHEREAS, Smoke Shop N More LLC has timely exercised their right of appeal to the City Council through delivery to the City requesting an appeal of the revocation of their license on or about September 13, 2022; and

WHEREAS, Fairfield Municipal Code section 10B.33 requires the City Council to “fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application;” and

WHEREAS, the City Council set a hearing date on the appeal of the revocation of business license number 07000966 for January 17, 2023 by passing resolution 2022-312; and

WHEREAS, the City Council has held the hearing on the appeal of the revocation of business license number 07000966 by hearing and considering sworn testimony from all parties wishing to be heard, and receiving and considering all evidence lawfully admitted before it.

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

Section 1. The City Council finds that the appeal brought by Smoke Shop N More LLC regarding the revocation of business license 07000966 is (choose one): APPROVED/SUSTAINED, or DENIED/OVERRULED.

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Section 2. City Staff for the City of Fairfield are authorized to do all things proper and necessary consistent with the findings of this resolution.

Section 4. A copy of this resolution shall be served on the business license holder by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on h is last license or application within 10 business days of this hearing. The City Clerk is directed to keep a copy of the proof of service.

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

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK

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BRANDON A. KLINE BAKline Law Firm
Attorney at Law A PROFESSIONAL LAW CORP
2020 FIFTH STREET, PO BOX 4427
DAVIS, CA 95616-9998
Public: (530) 564-6454
Telephone: (707) 770-8331
Facsimile: (530) 231-0140

SA2020800419
Gassaway-response 12-29.docx

December 29, 2022

CITY OF FAIRFIELD
ATTN: INTERIM CITY MANAGER
1000 Webster Street
Fairfield, California 94533

Re: NOTICE OF APPEAL – FAIRFIELD MUNICIPAL CODE SECTION 10B.331

We are in receipt of your letter dated September 9, 2022 (“Re: BUSINESS LICENSE

REVOCATION EFFECTIVE IMMEDIATELY FOR BUSINESS LICENSE NUMBER 07000966, THE BUSINESS KNOWN AS SMOKE N MORE (sic.) LLC LOCATED AT 1306 WEST TEXAS STREET, FAIRFIELD, CALIFORNIA 94533”), revoking Fairfield Business License #07000966, which was issued on January 1, 2022 to Smoke Shop N More LLC retail shop owner Ahmed Saeed (expiration date: 12/31/2022). Mr. Saeed vehemently denies the numerous, unfounded allegations made in your letter and intends to appeal this unlawful decision against Smoke Shop N More LLC and its owner. Mr. Saeed is a refugee of Yemen, a father of nine, as well as a licensee/taxpayer and a Fairfield resident. Rather than organzing Mr. Saeed’s response in a chronological manner, we will respond to each of City Manager Gassaway’s purported “findings” alleged by YOU in turn by placing it in all caps:

1. “MAY 19, 2022, WHILE CONDUCTING AN AREA SECURITY CHECK, OFFICER

NATHAN STRICKLAND CONTACTED A KNOWN LOCAL HOMELESS MAN
CLEANING THE PARKING LOT FOR THE SMOKE N' MORE (sic.) SHOP. THE

HOMELESS PERSON DETAILED THE PAYMENT WAS IN THE FORM OF FOOD FROM THE SMOKE N' MORE (sic.) SHOP. THIS VIOLATES STATE LABOR LAWS. THE SMOKE N' MORE SHOP HAS BEEN CONTACTED NUMEROUS TIMES ADDRESSING EMPLOYMENT OF HOMELESS DATING BACK TO 2020

BY OUR HOMELESS INTERVENTION TEAM AND OUR COMMUNITY ACTION TEAM…” (REFERENCING POLICE DEPARTMENT CASE NOS. 22-5386 AND 20- 12446.)

1 Fairfield Municipal Code section 10B.33 provides: Any person aggrieved by any decision of the collector with respect to the issuance or denial of a license, the revocation of a license, or the amount of a license tax may appeal to the council by filing a notice of appeal with the collector within fifteen days of such decision. The notice of appeal shall describe the reason why the decision of the collector should be reversed or modified. The council shall fix a time and place for hearing such appeal and the collector shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the post office in the city, postage prepaid, addressed to such person at the address appearing on his last license or application. If a timely appeal is filed, the effect of the decision of the collector shall be stayed until the appeal is decided by the council. The findings of the council shall be final and conclusive and shall be served upon the applicant in the manner prescribed above for service of notice of hearing…(Ord. No. 2013-14, § 1. Formerly 10B.31.). Mr. Saeed invokes his right to due process and to supplement and amend his appeal, pending facts discovered by the investigation of former city attorney John Coyle. 00001
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a. Mr. Saeed has never employed any known indigent individuals nor violated state labor laws at any time.

b. In your letter, you cited FPD Case 22-5386 as evidence of Mr. Saeed violating state labor laws. However, you did not cite which labor law, in particular, you allege Mr. Saeed has violated nor provide any evidence of any such violation(s).

c. In reviewing FPD Case 22-5386, it appears the allegedly indigent individual in question, Mr. Reginald Price, stated quite clearly to the FPD officer, Officer Strickland, that he was, “volunteering,” and made no claim to any type of employment relationship or affiliation with Smoke Shop N More Shop. To be clear, Mr. Saeed has never engaged Mr. Price on a voluntary basis or any other basis. (Emphasis added.)

d. Mr. Saeed has never made any offer of employment nor has Mr. Saeed entered into any independent contractor relationships of any type with Mr. Price at any time.

2. “THERE HAVE BEEN MORE THAN 170 INCIDENTS AT 1306 W. TEXAS STREET FROM JANUARY 2019 TO JUNE OF 2022. INCIDENTS HAVE INCLUDED

VARIOUS CRIMES TO INCLUDE THEFT, DRUGS, SALES OF DRUGS,

DOMESTIC VIOLENCE, PROSTITUTION, ARRESTS OF WANTED SUSPECTS, AND HOMICIDE. THESE INCIDENTS ARE DOCUMENTED IN ATTACHED FPD POLICE REPORTS, A MEMO DATED JUNE 7, 2022, FROM SGT.FRANK PIRO, AND LOCATION HISTORY POLICE LOGS.”

a. None of the 170 incidents noted in your letter and/or supported by the Fairfield Police Department documents included with your letter have resulted in any conviction of any kind against Mr. Saeed for any crime whatsoever.

b. Mr. Saeed denies the claims made in the defamatory memorandum authored by Sgt.Frank Piro on June 7, 2022, which has directly resulted in material damages suffered by Mr. Saeed. The “Piro Memorandum” contains outdated claims that have been long-debunked and dismissed by a court of law. Sgt. Piro has seemingly cherry-picked information while simultaneously withholding key details for the apparent purpose of vilifying Mr. Saeed and damaging his business.

00002
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c. Mr. Saeed has spent thousands of dollars employing private-security personnel to protect his store, supporting the efforts of the Fairfield Police Department and the City’s Zero Tolerance homeless policy of the City of Fairfield while continually being unreasonably targeted by FPD officers and City of Fairfield employees.

3. “ON MAY 19, 2022, THE FAIRFIELD POLICE DEPARTMENT’S COMMUNITY

ACTION TEAM CONDUCTED A TOBACCO STING WITH THE USE OF AN UNDERAGE POLICE CADET. DURING THE OPERATION, AN EMPLOYEE FROM

THE STORE SOLD TOBACCO TO THE CADET AND DID NOT ASK FOR IDENTIFICATION. (SEE ATTACHED FPD CASE 22-5416).”

a. Mr. Saeed has never directly sold tobacco products to any minor at any time.

b. Since this incident, Mr. Saeed has gone above and beyond responsible efforts, requiring identification with every sale of tobacco products.

c. Since this incident, Mr. Saeed has required his current staff to complete advanced training to better equip them to properly identify tobacco customers.

4. “ON JANUARY 28, 2020, SRO LEWIS DETAINED A 16-YEAR-OLD HIGH

SCHOOL STUDENT AT ONE OF THE LOCAL HIGH SCHOOLS FOR SELLING

CONCENTRATED CANNABIS VAPE PEN CARTRIDGES ON SCHOOL
GROUNDS. THE 16-YEAR-OLD REPORTED PURCHASING THE DRUGS FROM

SMOKE SHOP N MORE AND A SECOND SMOKE SHOP IN FAIRFIELD (SEE ATTACHED FPD CASE 20-1102).”

a. Mr. Saeed has never sold illicit drugs to any minor at any time.

b. In reviewing FPD Case 20-1102, it is quite clear there is no credibility to this claim. In his own report, FPD Case 20-1102, SRO Lewis states that the minor in question first claimed he obtained the drugs when he found them in a box down the street from his home. SRO Lewis then states that the minor changed his story, claiming he purchased the drugs at a shop in Oakland. SRO Lewis goes on to claim that the minor then changed his story a third time, indicating he had purchased the drugs at two shops in Fairfield, including Smoke Shop N More. Mr.

Saeed is merely a victim in a game of circumstantial finger-pointing by a scared juvenile who was handcuffed and detained by SRO Lewis.

00003
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c. Has the City of Fairfield revoked the business license of the second smoke shop in Fairfield identified by the juvenile in their third version of events as one of the locations they purchased the illicit drugs found in their possession?

5. “ON FEBRUARY 28, 2022, DETECTIVE BECK SPOKE WITH A FATHER OF A TEENAGER THAT ATTENDED A HIGH SCHOOL IN FAIRFIELD. THE FATHER SEARCHED HIS SON'S BEDROOM AND DISCOVERED A CONCEALED BOX.

INSIDE THIS BOX HE LOCATED NUMEROUS NICOTINE VAPING PRODUCTS IN DIFFERENT FLAVORS. ON MARCH 11, 2022, DETECTIVE BECK SPOKE WITH THE 16-YEAR-OLD. THE JUVENILE STATED HE HAS PURCHASED

NICOTINE PRODUCTS ONCE FROM SMOKE SHOP N MORE, AND HE HAS FRIENDS THAT HAVE PURCHASED MORE IN THE PAST. DURING THE PURCHASE, A 13-15-YEAR-OLD MALE SOLD HIM THE PRODUCTS INSIDE THE STORE. HE STATED ALL THE ADULTS IN THE STORE WERE NEAR THE BACK AT THE TIME OF THE SALE. DETECTIVE BECK CONDUCTED A CRIMINAL

HISTORY CHECK ON AHMED SAEED (SAEED AHMED), WHICH SHOWED A CONVICTION FOR FURNISHING ALCOHOL TO A MINOR.”

a. Based on the statement of the 16-year-old in question, he claims to have bought tobacco products from another juvenile inside the Smoke Shop N More, not an employee of Smoke Shop N More or Mr. Saeed. This statement in no way indicates any wrongdoing on the part of Smoke Shop N More or Mr. Saeed nor does it prove they are in anyway participants in this unlawful alleged transaction.

b. The statement made by the juvenile in question, if true, indicates that it is more likely than not that all “the adults” in the store were near the back, and in no way participating or supporting any unlawful transaction.

c. The juvenile’s statement alone did not indicate any crime on the part of Smoke Shop N More or Mr. Saeed and therefore did not give Detective Beck any legal grounds to conduct a criminal history check on Ahmed Saeed as a result. Any such results are inadmissible in a court of law and only further proof of the Fairfield Police Department unlawfully violating Mr. Saeed’s rights.

d. According to your letter, Detective Beck opened an investigation into Smoke Shop N More in August of 2019, before executing a search warrant and detaining Mr. Saeed on September 11, 2019. Therefore, it is reasonable to expect that in February 2022 Detective Beck was already familiar with Mr. Saeed’s background, making the dated findings of a criminal history check in 2022 irrelevant to the 00004
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case at hand. It is worth noting that all resulting charges from Detective Beck’s 2019 raid were dismissed in Mr. Saeed’s favor and all currency wrongfully taken by Detective Beck and the Fairfield Police Department was returned to Mr. Saeed by the court.

6. “IN AUGUST OF 2019, DETECTIVE BECK OPENED AN INVESTIGATION INTO

SMOKE SHOP N MORE FOR THE ILLEGAL SALES OF MARIJUANA/THC PRODUCTS, AND FOR THE SALES OF NICOTINE PRODUCTS TO MINORS.

DETECTIVES FROM THE SPECIAL OPERATIONS TEAM (SOT) RECEIVED

INFORMATION FROM MULTIPLE SOURCES THAT EMPLOYEES AT SMOKE

SHOP N MORE WERE ILLEGALLY SELLING THC/BHO VAPE PEN
CARTRIDGES FROM BEHIND THE COUNTER. ONE OF THE SOURCES WAS

OFFICER MACK WHO WAS THE SCHOOL RESOURCE OFFICER AT ARMIJO HIGH SCHOOL. OFFICER MACK WAS INFORMED MINORS WERE

PURCHASING TOBACCO AND MARIJUANA PRODUCTS FROM SMOKE SHOP N MORE (SEE FPD CASE 19-10578). DURING THE INVESTIGATION,

DETECTIVE BECK OBSERVED FOUR TEENAGERS EXIT THE STORE AND GET INTO A VEHICLE PARKED IN THE PARKING LOT. AN ENFORCEMENT STOP WAS DONE ON THE TEENAGERS, AND THEY WERE IDENTIFIED AS TWO 16- YEAR-OLDS AND TWO 17-YEAR-OLDS. DURING THE ENFORCEMENT STOP

NUMEROUS NICOTINE VAPE PEN PRODUCTS WERE RECOVERED FROM THE CAR. THE JUVENILES ADMITTED TO PURCHASING THE PRODUCTS FROM THE SMOKE SHOP N MORE FOR $120 IN CASH. THEY DID NOT RECEIVE A STORE RECEIPT FOR THE PRODUCTS, AND NO CHANGE WAS GIVEN. THE

TEENS ADMITTED THAT IT IS COMMON KNOWLEDGE THAT THIS STORE WILL SELL NICOTINE PRODUCTS TO MINORS.”

a. In reviewing FPD case 19-10578, which is an information-only report, Officer Mack states that unidentified students told him “directly” they purchased vaping, tobacco and marijuana products from the Smoke Shop N More during his tenure as SRO at Armijo High School (which ended in 2019). Please provide the case number(s) for all resulting charges filed by Officer Mack as a result of these alleged direct admissions of guilt.

b. Please forward our office copies of all written or recorded statements relating to FPD Case 19-10578 in which students allege they themselves purchased vaping, tobacco or marijuana products from the Smoke Shop N More, as Officer Mack claims to have received.

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c. FPD Case 19-10578, which is an information only report, amounts to nothing more than a dated report containing unverifiable hearsay alleged without any evidence whatsoever by a biased officer aimed at supporting his departments unlawful, multi-year campaign to deprive Mr. Saeed of his rights.

7. “DETECTIVES CONDUCTED A CONTROLLED PURCHASE OF A

CONCENTRATED CANNABIS VAPE PEN CARTRIDGE FROM A STORE
EMPLOYEE BY A CONFIDENTIAL INFORMANT. DETECTIVE BECK OBTAINED

A SEARCH WARRANT FOR THE STORE, WHICH WAS SERVED ON
SEPTEMBER 11, 2019. DURING THE SERVICE OF THIS WARRANT AHMED

SAEED WAS DETAINED AND IDENTIFIED HIMSELF AS THE OWNER OF THE BUSINESS. DURING THE SEARCH WARRANT, DETECTIVES LOCATED 17

CONCENTRATED CANNABIS PRODUCTS IN THE STORE, PACKAGING
MATERIAL COMMONLY USED TO PACKAGE NARCOTICS, AND OVER $13,000 IN US CURRENCY. DETECTIVE BECK SPOKE WITH SAEED REGARDING THIS INVESTIGATION. SAEED DENIED KNOWLEDGE OF WHAT WAS OCCURRING INSIDE OF HIS STORE. HE TOLD DETECTIVE BECK THE CASH IS USED TO PAY FOR CIGARETTES. EVEN THOUGH SAEED DENIED KNOWLEDGE OF THE

CANNABIS, IT WAS LOCATED BEHIND THE COUNTER IN A FILE CABINET DRAWER WITH A CASH REGISTER ON TOP OF IT. (SEE ATTACHED FPD CASE 19-10794).”

a. All resulting charges from FPD Case 19-10794 have been dismissed in favor of Mr. Saeed by a court of law. Therefore, the City of Fairfield must show how it has separated these facts from the decision to act on the unlawful revocation of Mr.

Saeed’s business license.

b. The court has returned all U.S. currency seized by Detective Beck and the Fairfield Police Department as a result of FPD Case 19-10794 and all resulting search warrants and cases. Yet, Code Enforcement Hearing Officer Jeremey Profitt continues to press facts that merged with the judgment of the underlying matter, which went against the City.

c. In reading FPD Case 19-10794, Detective Christopher Beck routinely makes unrelated, unsubstantiated claims without any evidence in an attempt to attribute seemingly all crime in Fairfield to Mr. Saeed and Smoke Shop N More. He even goes so far as to speculate based on yet-to-be-passed proposed legislation that Mr. 00006
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Saeed allegedly would be violating potential statutes should those potential laws pass at some time in the future.

i. Detective Beck states that on September 27, 2018, he investigated the explosion of a BHO lab and discovered 12 large cans of butane gas. He states he has information that the gas was purchased at Smoke Shop N More.

1. While Detective Beck claims to have received “information” that the gas was purchased at Smoke Shop N More, he does not provide any case number to support such a claim. He provides no description of what “information,” if any, he is alleging specifically exists that suggests any connection between Smoke Shop N More or Mr. Saeed directly.

2. Further, the resale or possession of butane gas by retailers such as Smoke Shop N More is not currently regulated by any state or federal law. In the event such gas may have been purchased at Smoke Shop N More, which Mr. Saeed explicitly disputes, it would still not represent any crime on behalf of Mr. Saeed or Smoke Shop N More.

3. Therefore, this portion of Detective Becks report represents irrelevant information aimed at falsely and tenuously connecting Mr. Saeed to seemingly any unrelated crime allegedly committed in Fairfield that Detective Beck investigates.

4. This reaffirms the Fairfield Police Department’s, and specifically Detective Beck’s, commitment to unlawfully depriving Mr. Saeed of his constitutional rights.

ii. Detective Beck states that he “observed numerous cases of nitrous oxide cannisters” in Smoke Shop N More, alleging that similar cannisters are sometimes used for illegal purposes.

1. The possession and sale of these containers by Smoke Shop N More was entirely legal at the time of this report.

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2. Detective Beck takes time in his report to explain potential legislation being considered by the state that he speculates could potentially restrict the possession and sale of nitrous oxide at some time in the future.

3. However, this information is entirely irrelevant to the case at hand as it represents Detective Beck’s personal speculation related to yet-to-be-passed legislation that was yet to be enacted and is not currently enforceable in anyway.

4. This further demonstrates Detective Beck’s unusual obsession with Mr. Saeed and unlawful commitment to charging him with
anything he can imagine, even if it is not yet written into any current statute.

8. “ON FEBRUARY 17, 2022, THE FAIRFIELD POLICE DEPARTMENT’S CODE

ENFORCEMENT UNIT OPENED AN ACTIVE INVESTIGATION ON SMOKE SHOP N MORE FOR VARIOUS CITY CODE VIOLATIONS. CODE

ENFORCEMENT OFFICER RAMBLAS DOCUMENTED THESE VIOLATIONS (SEE ATTACHED CODE ENFORCEMENT CASE 22-000333).”

a. Beginning in July 2022, Mr. Saeed hired Five Star Protection Inc and/or David Slone in attempt to enforce City ordinances and secure the property located at 1306 W. Texas St.

b. Mr. Saeed has spent nearly $10,000 since July 2022 on added private security, delivering on his commitment to increase safety and maintain compliance with City codes at the licensed property.

c. Beginning in July 2022 and continuing through October 2022, Mr. Saeed has paid nearly $5,000 for pressure-washing of the sidewalk and area adjacent to the Country Corners Shopping Mart, to include attempts to remove graffiti illegally painted onto the building and surrounding areas by unaffiliated, unidentified third parties.

9. “IN MARCH OF 2022, THE FAIRFIELD FIRE DEPARTMENT CONDUCTED A SAFETY INSPECTION AT THE BUSINESS. DURING THE INSPECTION MINOR SAFETY VIOLATIONS WERE NOTED. IN MAY OF 2022, A FOLLOW-UP TO THE INITIAL INSPECTION WAS CONDUCTED. DURING THE FOLLOW-UP
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INSPECTION, THE SAME SAFETY VIOLATIONS WERE NOTED INDICATING

THE BUSINESS OWNER HAS DONE NOTHING TO FIX CURRENT SAFETY ISSUES (SEE ATTACHED FIRE SAFETY REPORT).

a. In June 2022, Mr. Saeed retained council to work with the City of Fairfield to develop a compliance plan. Mr. Saeed further retained counsel, at his own expense, to implement the compliance plan to remedy any safety concerns purported to exist at the licensed property.

b. As indicated above, beginning in July 2022 and continuing through October 2022, Mr. Saeed has paid nearly $5,000 for pressure-washing of the sidewalk and area adjacent to the Country Corners Shopping Mart, to include attempts to remove graffiti illegally painted onto the building by unaffiliated, unidentified third parties.

Mr. Saeed furthermore demands the immediate retraction of the defamatory “Piro Memorandum,” which has caused material damages to Mr. Saeed and Smoke Shop N More LLC. This unlawful memorandum contains material misstatements, long-dismissed claims, manipulation of facts, and clearly violates Mr. Saeed’s rights.

Specifically, the defamatory “Piro Memorandum” states, in part:

1. “THE BUSINESS EMPLOYEES ATTRACT SOME OF THE HOMELESS POPULATION BY HIRING THEM TO CLEAN UP AROUND THE PROPERTY.”

a. Mr. Saeed rejects this statement entirely, as it is patently false and lacks any evidentiary backing.

b. At no time has Mr. Saeed made any offers of employment to any known indigent individual nor has Mr. Saeed engaged any parties on a voluntary, independent contractor or in-kind basis.

2. “THERE HAVE BEEN OVER 170 INCIDENTS AT THIS LOCATION… IN MAY OF [2022] THERE WAS A DISPUTE IN FRONT OF THE BUSINESS. THE DISPUTE LED TO A STABBING WHICH KILLED ONE OF THE PARTIES INVOLVED”

a. None of the 170 incidents described by Sgt.Piro in his unlawful, defamatory memorandum resulted in any conviction of any kind against Mr. Saeed.

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b. Sgt.Piro further attributes a disagreement and stabbing in May 2022 between two unnamed, unaffiliated third parties with Mr. Saeed and Smoke Shop N More. No evidence exists whatsoever that connects either Mr. Saeed or Smoke Shop N More with the incident in question, or either party involved, making these statements by Sgt.Piro defamatory in nature and irrelevant to the revocation of Mr. Saeed’s business license.

3. “ON MAY 15, 2022, A SUSPECT WAS ARRESTED FOR BEING INTOXICATED

AND MASTURBATING IN THE ALLEY BEHIND SMOKE SHOP N MORE, SEE REPORT 22-5237.”

a. The suspect in question related to Report 22-5237 has no affiliation with Mr.

Saeed nor Smoke Shop N More.

b. The City mistakes correlation for causation. Once again, Sgt.Piro is attributing unrelated crimes by unaffiliated third parties to Mr. Saeed and Smoke Shop N More without any material evidence of such a connection.

c. Please provide a copy of FPD Report 22-5237, including any alleged evidence or statements connecting the incidents described therein with Mr. Saeed or Smoke Shop N More.

d. Given that there is no evidence connecting Mr. Saeed or Smoke Shop N More with this incident, it is unlawful to consider this incident as grounds for revocation of Mr. Saeed’s business license.

4. “ON SEPTEMBER 13, 2021, A VICTIM WAS ASSAULTED IN THE SMOKE SHOP N MORE PARKING LOT BY A SUSPECT WITH A GOLF CLUB, SEE REPORT 21- 9627.”

a. Neither the suspect nor the victim has any affiliation with Mr. Saeed or Smoke Ship N’ More.

b. Sgt.Piro is again attributing unrelated crimes by unaffiliated third parties to Mr.

Saeed and Smoke Shop N More without any material evidence of such a connection. City again mistakes correlation for causation.

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c. Please provide a copy of FPD Report 21-9627, including any alleged evidence or statements connecting the incidents described therein with Mr. Saeed or Smoke Shop N More.

d. Given that there is no evidence connecting Mr. Saeed or Smoke Shop N More with this incident, it is unlawful to consider this incident as grounds for revocation of Mr. Saeed’s business license.

5. “ON JUNE 12, 2021, OFFICER TUSS OBSERVED A SUSPECT MAKING HAND TO

HAND SUSPECTED DRUG TRANSACTIONS IN THE SMOKE SHOP N MORE PARKING LOT. OFFICER TUSS CONTACTED THE SUSPECT AND

ULTIMATELY ARRESTED HIM FOR POSSESSION OF MARIJUANA FOR SALES, SEE REPORT 21-6164.”

a. The suspect in question related to Report 21-6164 has no affiliation with Mr.

Saeed or Smoke Shop N More.

b. Sgt.Piro is displaying a clear pattern of attributing unrelated crimes by unaffiliated community member to Mr. Saeed and Smoke Shop N More without any material evidence of any connection existing whatsoever.

c. Please provide a copy of FPD Report 21-6164, including any alleged evidence or statements connecting the incidents described therein with Mr. Saeed or Smoke Shop N More.

d. Given that there is no evidence connecting Mr. Saeed or Smoke Shop N More with this incident, it is unlawful to consider this incident as grounds for revocation of Mr. Saeed’s business license.

6. “ON MARCH 6, 2021, OFFICER BARKER CONTACTED A SUSPECT IN THE SMOKE SHOP N MORE PARKING LOT. OFFICER BARKER PLACED THE

SUSPECT UNDER ARREST FOR BEING UNDER THE INFLUENCE OF A NARCOTIC AND A PROBATION VIOLATION, SEE REPORT 21-2447.”

a. Again, the suspect in question related to Report 21-2447 has no affiliation with Mr. Saeed or Smoke Shop N More nor does Mr. Saeed or Smoke Shop N More bear any responsibility relating to any parole violations allegedly committed by the suspect in question.

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b. Sgt.Piro appears to be erroneously suggesting that if not for Mr. Saeed and Smoke Shop N More, he and Officer Barker could effectively end all third-party parole violations as well as the trafficking and consumption of narcotics in California.

c. Please provide a copy of FPD Report 21-2447, including any alleged evidence or statements connecting the incidents described therein with Mr. Saeed or Smoke Shop N More.

d. Given that there is no evidence connecting Mr. Saeed or Smoke Shop N More with this incident, it is unlawful to consider this incident as grounds for revocation of Mr. Saeed’s business license.

7. “IN AUGUST 2019 DETECTIVE BECK OPENED AN INVESTIGATION INTO

SMOKE SHOP N MORE FOR THE ILLEGAL SALES OF MARIJUANA/THC PRODUCTS, AND FOR THE SALES OF NICOTINE PRODUCTS TO MINORS… SEE REPORT 19-10578.”

a. As noted above, all charges resulting from the referenced investigation opened by Detective Beck and reflected in Report 19-10578 have long-since been dismissed by a court of law in Mr. Saeed’s favor.

b. Therefore, it is a violation of Mr. Saeed’s right to due process to consider the alleged facts of Report 19-10578 as grounds for revocation of Mr. Saeed’s business license.

8. “DETECTIVES CONDUCTED A CONTROLLED PURCHASE OF A

CONCENTRATED CANNABIS VAPE PEN CARTRIDGE FROM A STORE
EMPLOYEE BY A CONFIDENTIAL INFORMANT. DETECTIVE BECK OBTAINED

A SEARCH WARRANT FOR THE STORE, WHICH WAS SERVED ON
SEPTEMBER 11, 2019…. SEE REPORT 19-10794.”

a. All resulting charges from this alleged purchase as well the resulting search warrant served on September 11, 2019, have been dismissed in Mr. Saeed’s favor by a court of law.

b. All U.S. currency unlawfully seized from Mr. Saeed has since been returned to him by a court of law.

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c. Therefore, it is a violation of Mr. Saeed’s right to due process to consider the alleged facts of report 19-10794 as grounds for revocation of his business license.

9. “ON 01/28/2020 SRO LEWIS DETAINED A 16-YEAR-OLD HIGH SCHOOL

STUDENT AT ONE OF THE LOCAL HIGH SCHOOLS FOR SELLING

CONCENTRATED CANNABIS VAPE PEN CARTRIDGES ON SCHOOL
GROUNDS. THE 16-YEAR-OLD REPORTED PURCHASING THE DRUGS FROM

SMOKE SHOP N MORE AND A SECOND SMOKE SHOP IN FAIRFIELD (FPD CASE 20-1102).”

a. In reading FPD Case 20-1102, SRO Lewis states that the minor in question first claimed he obtained the drugs when he found them in a box down the street from his home. SRO Lewis then states that the minor changed his story, claiming he purchased the drugs at a shop in Oakland. SRO Lewis then claims that the minor changed his story a third time, indicating he had purchased the drugs at two shops in Fairfield ,including Smoke Shop N More. There is no credibility to this claim nor any material evidence linking Mr. Saeed or Smoke Shop N More to the alleged crimes committed by the minor in question.

b. No criminal charges against Mr. Saeed resulted from the incidents described in FPD Case 20-1102.

c. Outside of a baseless claim made in a third version of events by an intimidated minor who was handcuffed in police custody, neither SRO Lewis nor the Fairfield Police Department possess any evidence linking Mr. Saeed or Smoke Shop N More to the events described in FPD Case 20-1102.

d. Has the City of Fairfield revoked the business license of the second smoke shop in Fairfield where the minor alleged to have also purchased illegal drugs?

10. “WITH THE OWNERSHIP OF THIS BUSINESSES FAILING TO OPERATE WITHIN

THE LAW DUE TO PAST AND CURRENT VIOLATIONS, IT IS RECOMMENDED

THAT THEIR BUSINESS LICENSE BE REVOKED FOR THE BELOW FAIRFIELD MUNICIPAL CODE, (SUBSECTION C).”

a. This actionable statement made in writing by Sgt.Piro is demonstrably false and constitutes defamation of Mr. Saeed’s character.

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b. This defamatory memorandum authored by Sgt.Frank Piro has directly resulted in material damages suffered by Mr. Saeed and his family as well as Smoke Shop N More.

c. Clearly, no evidence of legal grounds for revocation of Mr. Saeed’s business license exists under section 10B.32 of the Fairfield Municipal Code (subsection C), as unlawfully stated by Sgt.Piro in the defamatory “Piro Memorandum.”

Mr. Saeed and Smoke Shop N More reject the unlawful and defamatory allegations made in the “Piro Memorandum” and explicitly reserves their rights under the law relating to this actionable, defamatory and damaging memorandum.

As you can clearly see, no lawful grounds for revocation in-fact exists under paragraph (c) of Section 10B.32 as your letter claims. Therefore, Mr. Saeed is notifying your office of his intent to appeal your decision and requests the immediate reinstatement of Fairfield Business License #07000966 issued to Smoke Shop N More LLC on January 1, 2022.

Furthermore, Mr. Saeed has incurred more than $50,000 in professional services, attorney fees and costs to respond to the City’s exaggerated claims. We are particularly concerned that the City has acted based upon objectionable statements of an attorney whom the City knew or should have known was not representing Ahmed Saeed. As a local taxpayer and license holder, Mr.

Saeed submits this appeal.

He also respectfully requests the City to explain why it neglected to follow its own meeting instructions which Profitt knew or should have known counsel was relying upon prior to the City’s revocation decision.

Absent judicial intervention, we welcome speedy settlement of this matter by any means necessary prior to the hearing before the Fairfield City Council next month, as per FMC Section 10B.33.

Very truly yours,

___________________________
BRANDON A. KLINE
STACEY L. ROBERTS
Attorneys for Respondents
Ahmed Saeed and Smoke Shop N More LLC

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1 David G. Lim
From:Brandon A. Kline
Sent:Tuesday, September 13, 2022 2:00 PM
To:Profitt, Jeremy
Cc:Dalby, Elizabeth; David G. Lim; Joseph Canning
Subject:WRITTEN NOTICE OF INTENT TO APPEAL: Re: Smoke N' More 1306 West Texas Action 22-05416
Hi Jeremy, I appreciate the update. Again, I wish to acknowledge the confusion that was created by the Zoom meeting that the city scheduled - when can we reschedule this Zoom meeting that never happen?

Please consider this a written appeal of the revocation action. I would like to reserve my right to develop a more substantive letter; however, I do not want to delay in informing you we will appeal this action because it is moot because it is based on stale cases. In any event, I have previously outlined that my client retained me to develop and implement this plan; I have developed and conducted staff trainings on our Zero Tolerance Policy (i.e., employee is fired on the spot for any underage sales), and I have requested a meeting to discuss a joint deterrence policy with school officials. We continue to await the city to demonstrate leadership on this issue. Further, while we disagree it is my client’s responsibility, wr wish to reiterate a voluntary commitment to cooperate with the city on its homelessness prevention efforts, including serving on the round table or assisting with funding a joint remediation plan with the other businesses in the area, including the area liquor stores. Since I was retained, Smoke Shop N More has reached out to the city attorney and outlined the above steps, as well as others we are taking to eliminate underage tobacco use. We have also eliminated all issues of homelessness and blight.

My client looks forward to discussing grounds of the appeal with the city council. When will this appeal be granted a hearing? Also, happy to continue with our plan to meet over Zoom, perhaps this week or your earliest convenience. Again, I apologize for the confusion created around the Zoom Meeting, we look forward to rescheduling it prior to the council meeting. Thanks, Brandon

On Sep 13, 2022, at 4:34 PM, Profitt, Jeremy wrote:

Good afternoon, Brandon,

Thank you for your call Monday evening. I spoke with our City Attorney, David Lim this morning as you and I discussed. Because of where we are at in the process, the Smoke N’ More Shop LLC would need to appeal this through our City Council. What does this look like. The Smoke N More Shop would need to draft a letter stating why you would like to appeal code enforcement’s revocation to City Council. (On or before Sept 23, 2022) The City would then set a date for a public hearing and give you and your client an opportunity to state your case.

I can’t give you advice but outlining the steps and plan the Smoke N’ More Shop LLC is taking in your appeal would be helpful.

Please reach out to myself, or my Code Supervisor, Elizabeth Dalby with any questions.

Thank you

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2 Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
JoinFFPD.com

“Reducing harm by advancing safety, service and the quality of life in Fairfield ”

From: Profitt, Jeremy
Sent: Thursday, August 25, 2022 10:46 AM
To: Joseph Canning ; Letticia Lanham ;
Brandon A. Kline
Cc: Dalby, Elizabeth ; Lim, David G. (RWG Law)
Subject: Smoke N' More 1306 West Texas Action 22-05416

Good morning Mr. Canning, and Mr. Kline,

Thank you, Mr. Canning and the property owner, for your time and support. After a careful and thorough review, I’m going to recommend a business license revocation on the facts I continue to put forth. While I understand you both asked for some additional time to continue working with 1306 West Texas, Smoke N’ More, Mr. Flash Gordon did not demonstrate a plan moving forward for his client, nor did he show empathy or concern about the facts and issues at hand. Mr. Gordon was unprofessional and argumentative but had very little facts from the PRA and information shared with the Kline’s office. Mr.

Gordon wanted to point fingers and argue about issues that had nothing to do with this situation and demonstrated to me that he has no intent to work with the city during this conversation, and furthermore Mr. Gordon could not provide solutions. Our goal as stated in past emails and conversations was to work together to improve our community’s quality of life and reduce the criminal activity at 1306 West Texas. In Mr. Gordon’s own words, he felt these violations and issues were not of much concern. When I discussed the facts and issues, Mr. Gordon was not familiar, again even after the Fairfield Police Department shared all facts, reports, and concerns.

This behavior, lack of empathy for our community in regard to the Smoke N’ More shops’ criminal activity and sales to minors is not acceptable in our community. Furthermore, the Smoke N’ More Shop and legal representation has not shown a good faith effort, or a plan to correct these concerns.

Thank you both for your time. Moving forward any, and all communication will be conducted with myself. Not with our City Attorney, David Lim.

00016
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3 Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
JoinFFPD.com

“Reducing harm by advancing safety, service and the quality of life in Fairfield ”

From: Joseph Canning
Sent: Wednesday, August 24, 2022 10:42 AM
To: Profitt, Jeremy ; Letticia Lanham
Cc: Dalby, Elizabeth ; Lim, David G. (RWG Law) ; B K

Subject: RE: Action 22-05416

Thank you all for meeting at the property today.

Moving forward, my understanding is that we will revisit the issues related to sales to minor, calls for service at the property in 6 months, and other issues outlined in the June 7, 2022 memo. At this point it does look like things have improved, and hopefully that trend continues. Perhaps we can set up a phone call or meet end of March to see progress.

Best,

Joseph M. Canning
2420 Martin Road, Suite 300
Fairfield, California 94534
(707) 427-7377
Fax (707) 427-7370
www.hillmanlucas.com
THIS E-MAIL TRANSMISSION IS CONFIDENTIAL and is intended solely for use by the individual(s) or entity(ies) named as the recipient(s). It may also be protected by the attorney/client and attorney work product privileges. Any review, use, dissemination, distribution or copying of this communication by other than the intended recipient(s) is prohibited. If you are not the intended recipient(s), please notify CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
00017
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4 us immediately by telephone at the number above and delete and destroy this message and all attachments. Thank you.

From: Profitt, Jeremy
Sent: Wednesday, August 17, 2022 4:46 PM
To: Letticia Lanham
Cc: Dalby, Elizabeth ; Joseph Canning ; Lim,
David G. (RWG Law) ; B K
Subject: RE: Action 22-05416

Thank you Letticia

Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
JoinFFPD.com

“Reducing harm by advancing safety, service and the quality of life in Fairfield ”

From: Letticia Lanham
Sent: Wednesday, August 17, 2022 4:27 PM
To: Profitt, Jeremy
Cc: Dalby, Elizabeth ; Joseph Canning ; Lim,
David G. (RWG Law) ; B K
Subject: RE: Action 22-05416

Hi Jeremy,

We cannot put this meeting off much longer; Mr. Canning can meet on site, August 24 at 10:00 a.m..

Thank you for your time and assistance in this matter.

Letticia M. Lanham
Legal Assistant to Joseph M. Canning

CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
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5 2420 Martin Road, Suite 300
Fairfield, California 94534
(707) 427-7377
Fax (707)427-7370
www.hillmanlucas.com
THIS E-MAIL TRANSMISSION IS CONFIDENTIAL and is intended solely for use by the individual(s) or entity(ies) named as the recipient(s). It may also be protected by the attorney/client and attorney work product privileges. Any review, use, dissemination, distribution or copying of this communication by other than the intended recipient(s) is prohibited. If you are not the intended recipient(s), please notify us immediately by telephone at the number above and delete and destroy this message and all attachments. Thank you.

From: Profitt, Jeremy
Sent: Wednesday, August 17, 2022 4:22 PM
To: Lim, David G. (RWG Law) ; Letticia Lanham ; B K

Cc: Dalby, Elizabeth ; Joseph Canning
Subject: RE: Action 22-05416

I’m happy to meet in-person or on zoom on Aug 24 at any time. I think coming together would be productive and helpful, so we are all on the same page, with the same goal.

I can share Codes Enforcements thoughts. 1306 W. Texas Street “Smoke N More Shop” has had substantial incidents over the past three years highlighted in the memo and copies or police and code reports. What’s concerning is the controlled purchase of concentrated cannabis vape pens from store employee, case number 19-10794. August 2019 FPD opened a investigation into illegal sales of marijuana/THC products, and for sale nicotine products to minors (19-10578), and the most recent tobacco sting with an underage police cadet. Not including the list of other issues outlined in the memo dated June 7, 2022. This location and business have not been a positive contribution to our community and has impacted our quality of life and youth.

Many of these items listed on the memo dated June 7, 2022 support a request from code enforcement to revoke the Smoke N More Shops business license. Code would like to work with the property owner and business owner to make changes quickly, while improving the quality of life in and around the area.

This will not only improve value for the owner, but also the business and our community. Fairfield Municipal Code 10B32 revocation of business license. (c) The business or the activities or conduct of the business at the proposed location is prohibited by any provision of this code or any local, state, or federal law, statute, rule, or regulation.

Please let me know if we can come together in-person or via zoom on Aug 24, 2022.

Thank you, and I look forward to a positive outcome.

00019
Packet Page 589 of 812Attachment 2 Page 19 of 31

6 Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
JoinFFPD.com

“Reducing harm by advancing safety, service and the quality of life in Fairfield ”

From: David G. Lim
Sent: Wednesday, August 17, 2022 3:25 PM
To: 'Letticia Lanham' ; B K ; Profitt, Jeremy

Cc: Dalby, Elizabeth ; Joseph Canning
Subject: RE: Action 22-05416

Hi Everyone,

I will defer to Code Enforcement staff on the matter and location of any meeting, but will endeavor to make myself available to attend the meeting. Thanks,

David G. Lim
Senior Attorney

RICHARDS WATSON GERSHON
One Sansome Street, Suite 2850
San Francisco, California 94104
D: 415.782.0393
T: 415.421.8484
E: [email protected]
W: rwglaw.com

CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
00020
Packet Page 590 of 812Attachment 2 Page 20 of 31

7 From: Letticia Lanham
Sent: Wednesday, August 17, 2022 2:59 PM
To: B K ; Profitt, Jeremy
Cc: Dalby, Elizabeth ; Joseph Canning ; David G.

Lim
Subject: RE: Action 22-05416

Good afternoon,

Mr. Canning original request was to meet on site.

Mr. Canning is available to meet at Country Corner/Smoke Shop N More, August 22 or 23 between the hours of noon to 4:00 p.m., or August 24, 9:00a.m. to 4:00p.m.

Please let me know the date and time that work best for you.

Thank you,

Letticia M. Lanham
Legal Assistant to Joseph M. Canning

2420 Martin Road, Suite 300
Fairfield, California 94534
(707) 427-7377
Fax (707)427-7370
www.hillmanlucas.com
THIS E-MAIL TRANSMISSION IS CONFIDENTIAL and is intended solely for use by the individual(s) or entity(ies) named as the recipient(s). It may also be protected by the attorney/client and attorney work product privileges. Any review, use, dissemination, distribution or copying of this communication by other than the intended recipient(s) is prohibited. If you are not the intended recipient(s), please notify us immediately by telephone at the number above and delete and destroy this message and all attachments. Thank you.

From: B K
Sent: Tuesday, August 16, 2022 4:35 PM
To: Letticia Lanham
Cc: Dalby, Elizabeth ; Joseph Canning ; Lim,
David G. (RWG Law) ; Profitt, Jeremy
Subject: Re: Action 22-05416

Good afternoon. I am available for a Zoom meeting during the same period. Best, Brandon

On Tue, Aug 16, 2022 at 4:19 PM Letticia Lanham wrote:

Good afternoon,

00021
Packet Page 591 of 812Attachment 2 Page 21 of 31

8 Mr. Canning is available August 22 – 26, anytime in the afternoon. Please let me know what day and time work best, so we may schedule this immediately.

Thank you,

Letticia M. Lanham
Legal Assistant to Joseph M. Canning

From: Profitt, Jeremy
Sent: Thursday, August 4, 2022 10:09 AM
To: Lim, David G. (RWG Law) ; Joseph Canning ;
Dalby, Elizabeth
Cc: Brandon A. Kline ; Letticia Lanham
Subject: RE: Action 22-05416

00022
Packet Page 592 of 812Attachment 2 Page 22 of 31

9 Good morning Sir,

We are happy to meet and discuss code related issues. I will be out of the office next week, but Code Enforcement Supervisor Elizabeth Dalby is well aware of all matters related to this case. In efforts to keep things timely, she can host a meeting next week.

Thank you for your time

Jeremy Profitt Police Support Manager
Community Engagement Division
[email protected]
Phone: 707.428.7709
Cell: 707. 366.5404
JoinFFPD.com

“Reducing harm by advancing safety, service and the quality of life in Fairfield ”

From: David G. Lim
Sent: Thursday, August 4, 2022 9:16 AM
To: 'Joseph Canning' ; Profitt, Jeremy
Cc: Brandon A. Kline ; Letticia Lanham
Subject: RE: Action 22-05416

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10 Hi Joseph,

I’m cc’ing Mr. Jeremy Profitt from the Police Department who handled code enforcement issues. He will be the point person on the code enforcement efforts for Country Corner Smokeshop. The City plans to meet to discuss this issue next week, but in the meantime please feel free reach out to Mr.

Profitt.

Thanks!

David G. Lim
Senior Attorney

RICHARDS WATSON GERSHON
One Sansome Street, Suite 2850
San Francisco, California 94104
D: 415.782.0393
T: 415.421.8484
E: [email protected]
W: rwglaw.com

From: Joseph Canning
Sent: Thursday, July 28, 2022 2:19 PM
To: Strickland, Nathan
Cc: Brandon A. Kline ; Letticia Lanham
Subject: Action 22-05416

Officer Strickland,
CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
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11 My office represents Country Corner, the owner of the shopping center on the corner to West Texas and Pennsylvania. I am copying on this email Mr. Brandon A. Kline. He represents Ahmed Saeed/Smoke Shop N More, LLC, as tenant at the shopping center.

I understand that Officer Eltringham may be assigned to Code Enforcement action 22-05416. It is possible for Mr. Kline and I meet the assigned officer on site within the next week or so to discuss action 22-05416?

Thank you in advance.

Best,

Joe

2420 Martin Road, Suite 300
Fairfield, California 94534
(707) 427-7377
Fax (707) 427-7370
www.hillmanlucas.com
THIS E-MAIL TRANSMISSION IS CONFIDENTIAL and is intended solely for use by the individual(s) or entity(ies) named as the recipient(s). It may also be protected by the attorney/client and attorney work product privileges. Any review, use, dissemination, distribution or copying of this communication by other than the intended recipient(s) is prohibited. If you are not the intended recipient(s), please notify us immediately by telephone at the number above and delete and destroy this message and all attachments. Thank you.

Click here to report this email as spam.
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12 NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
--

Brandon A. Kline

KLINE LAW FIRM
2020 5th Ave., #4427
Davis, California 95617
Facsimile: (530) 231-0140

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

Sent from a mobile device. Please forgive typos.
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CI TY OF FA I R FI E L D rounded 1856 - lncarporated Decrn1ber 12, 1903

CITY MANAGER'S OFFICE
September 9, 2022
Ahmed Saeed
Smoke n More Shop LLC
Attn. Ahmed Saeed, Owner and Brandon Kline, Attorney
1306 W. Texas Street
Fairfield, California 94533
Re: BUSINESS LICENSE REVOCATION EFFECTIVE IMMEDIATELY FOR BUSINESS LICENSE NUMBER 07000966, THE BUSINESS KNOWN AS SMOKE N MORE LLC LOCATED AT 1306 WEST TEXAS STREET, FAIRFIELD, CALIFORNIA 94533
Dear Mr. Saeed and Attorney Brandon Kline:

This letter shall serve as a Notice of Revocation, revoking Fairfield Business License # 07000966 which was issued to Smoke N' More Shop LLC owner Ahmed Saeed {hereinafter, "you" or "your") on January 1, 2022. This action is being undertaken under the conditions set forth in Fairfield Municipal Code {hereinafter, "FMC") Section lOB.31.

This revocation is based on the following findings:

1.May 19, 2022, while conducting an area security check, Officer Nathan Strickland contacted a known local homeless man cleaning the parking lot for the Smoke N More Shop. The homeless person detailed the payment was in the form of food from the Smoke N More Shop. This violates State labor laws. The Smoke N' More Shop has been contacted numerous times addressing employment of homeless dating back to 2020 by our Homeless Intervention Team and our Community Action Team. {See attached Fairfield Police Department {FPD) Case 22-5386 and 20-12446.)

2.There have been more than 170 incidents at 1306 W. Texas Street from January 2019 to June of 2022. Incidents have included various crimes to include theft, drugs, sales of drugs, domestic violence, prostitution, arrests of wanted suspects, and homicide. 1000 Webster Street• Fairfield • California • 94533-4836 • (707) 428-7400 • fairfield.ca.gov 10001
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Mr. Ahmed Saeed December 12, 2022
Smoke Shop N More
1306 W. Texas Street
Fairfield, CA 94533

NOTICE OF APPEAL HEARING

THE APPEAL OF THE REVOCATION OF BUSINESS LICENSE NUMBER 07000966 BELONGING TO MR. AHMED SAEED C/O SMOKE N MORE SHOP LLC, LOCATED AT 1306 WES T TEXAS STREET, FAIRFIELD, CA 94533

IS/ARE HEREBY NOTIFIED TO APPEAR BEFORE:

NAME: City Council of the City of Fairfield
ON: January 17, 2023
AT: 6:00 PM
LOCATION: Council Chambers - 1000 Webster St. Fairfield, CA 94533

Respectfully,

Elizabeth A. Dalby
Code Enforcement Supervisor

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December 12, 2022

Page 2 ends

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Fairfield City CouncilJanuary 17, 2023

Fairfield City Council
January 17, 2023