Agenda, first session — Fairfield City Council, February 21, 2023 (part 2 of 5)

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

PASSED AND ADOPTED this 21st day of February, 2023, by the following vote:

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

ATTEST:

_________________________

CITY CLERK
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Agenda Item No: 9.

AGENDA REPORT
DATE:February 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Second Reading of Ordinance 202303 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Ordinance, to Adjust Land Use Regulations and Development Standards in Alignment with the Goals and Objectives of the Heart of Fairfield Plan; Correcting the Description of the West Texas Street (HWT) District; Adjusting Permit Requirement Thresholds for Heart of Fairfield Plan Zoning Districts; Creating Definitions for Amenity Zone, Activity Zone, and Transparency; and Amending Chapter 25, Article I of the Municipal Code, Also Known as the Zoning Map, Rezoning a Parcel at 1100 Texas Street (APN: 0030174080) from Public Facilities (PF) District – Downtown Area Parking (P1) Overlay District To Downtown (HD) District – Downtown Area Parking (P1) Overlay District, and Parcels at 601 Beck Avenue (APN: 0028920300), 649 Beck Avenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280) from Community Commercial (CC) District To HWT District; and Second Reading of Ordinance 202304 of the City Council of The City of Fairfield Amending Various Sections of Chapter 25, Article I of the Fairfield Municipal Code, Also Known as the Zoning Ordinance, to Address New Issues, Correct Typographical Errors, Make Minor Organizational Revisions, Clarify Language, Bring the Zoning Ordinance into Closer Alignment with General Plan Goals, Objectives, and Policies; and Bring the Zoning Ordinance into Full Compliance with State Law RECOMMENDED ACTION
Provide second reading and adopt ordinances.

STATEMENT OF ISSUE
The City staff has found it necessary to periodically review and recommend amendments to the Zoning Ordinance and Zoning Map. These amendments are necessary to ensure that the Zoning Ordinance is consistent with zoning and land use best practices, California State law, City policy goals, the Fairfield General Plan, and adopted specific plan goals and objectives. Additionally, these amendments also Packet Page 288 of 765

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

Zoning Ordinance Amendments:

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

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

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

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

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

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

Heart of Fairfield Plan Zoning Districts
West Texas Street (HWT) District Description
A portion of the HWT District description mistakenly identifies uses that are appropriate for service commercial and industrial areas but inappropriate for an urban mixeduse corridor.

Staff recommends that this portion of the description be replaced with the following language in italics to describe anticipated uses more effective for the HWT District: Typical uses include neighborhood serving retail, specialty retail, restaurants (not including drive through food service), education, office uses, and limited handicraft and repair businesses. The district is not intended for vehicle sales and service uses.

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Land Use Regulations
Prohibited Uses:

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

Animal Kennel:Prohibit this use in the HWT District.

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

Helipad:Prohibit this use in the HWT District.

Heliport:Prohibit this use in the HWT District.

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

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

Conditionally Permitted Use:

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

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

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

Permitted Uses with Limitations:

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

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

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

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

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

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

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

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

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

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

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

Transparency Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A.T include a Packet Page 291 of 765

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

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

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

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

Zone Changes:

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

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

Environmental Review:

The proposed Zoning Ordinance amendments have been deemed categorically exempt from the Packet Page 292 of 765

Agenda Item No: 9.AGENDA REPORTDATE:February 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Second Reading of Ordinance 202303 of the City Council of the City of FairfieldAmending Various Sections of Chapter 25, Article I of the Municipal Code, Also Knownas the Zoning Ordinance, to Adjust Land Use Regulations and Development Standardsin Alignment with the Goals and Objectives of the Heart of Fairfield Plan; Correcting theDescription of the West Texas Street (HWT) District; Adjusting Permit RequirementThresholds for Heart of Fairfield Plan Zoning Districts; Creating Definitions for AmenityZone, Activity Zone, and Transparency; and Amending Chapter 25, Article I of theMunicipal Code, Also Known as the Zoning Map, Rezoning a Parcel at 1100 TexasStreet (APN: 0030174080) from Public Facilities (PF) District – Downtown AreaParking (P1) Overlay District To Downtown (HD) District – Downtown Area Parking (P1)Overlay District, and Parcels at 601 Beck Avenue (APN: 0028920300), 649 BeckAvenue (APN: 0028920290), and 699 Beck Avenue (APN: 0028920280) fromCommunity Commercial (CC) District To HWT District; andSecond Reading of Ordinance 202304 of the City Council of The City of FairfieldAmending Various Sections of Chapter 25, Article I of the Fairfield Municipal Code,Also Known as the Zoning Ordinance, to Address New Issues, Correct TypographicalErrors, Make Minor Organizational Revisions, Clarify Language, Bring the ZoningOrdinance into Closer Alignment with General Plan Goals, Objectives, and Policies;and Bring the Zoning Ordinance into Full Compliance with State LawRECOMMENDED ACTIONProvide second reading and adopt ordinances.STATEMENT OF ISSUEThe City staff has found it necessary to periodically review and recommend amendments to the ZoningOrdinance and Zoning Map. These amendments are necessary to ensure that the Zoning Ordinance isconsistent with zoning and land use best practices, California State law, City policy goals, the FairfieldGeneral Plan, and adopted specific plan goals and objectives. Additionally, these amendments alsoserve as an annual cleanup of inadvertent errors and omissions in the Zoning Ordinance. Finally, theseamendments also include a formal request from Ken Stewart to allow child daycare centers in theService Commercial (CS) District with a Conditional Use Permit. On January 17, 2023, the CityCouncil held the first readings of two ordinances that will amend the Zoning Ordinance and Zoning Map.DISCUSSIONA brief overview of each proposed ordinance and zoning amendment recommended by City staffbelow. Staff recommends council review the attached Planning Commission staff reports, fromSeptember 28, 2022, November 9, 2022, and December 14, 2022, for an indepth analysis and basisfor the proposed amendment.Zoning Ordinance Amendments: Residential Zoning DistrictsLand Use RegulationsCoworking Space:Permit this use by right in all commercial zoning districts.Tasting Rooms:Permit this use in Thoroughfare Commercial (CT) District, CommunityCommercial (CC) District, and Regional Commercial (CR) District. Permit this use in the OfficeCommercial (CO) District with a Conditional Use Permit.Temporary Uses and Events:Clarify that temporary uses and events are permitted in allcommercial zoning districts.Child Daycare Center:Permit this use in the Service Commercial (CS) District with a ConditionalUse Permit.Development RegulationsMixedUse Development Regulations:Revise Zoning Ordinance Section 25.22.4.3 to require 150square feet of common open space per dwelling unit instead of 200 square feet for mixedusedevelopments. Additionally, require common open space areas to have a minimum dimension of15 feet by 15 feet and include passive or active recreational amenities.Industrial Zoning DistrictsLand Use RegulationsCoworking Space:Permit this use in the Industrial Business Park (IBP) District by right.Heart of Fairfield Plan Zoning DistrictsWest Texas Street (HWT) District DescriptionA portion of the HWT District description mistakenly identifies uses that are appropriate forservice commercial and industrial areas but inappropriate for an urban mixeduse corridor.Staff recommends that this portion of the description be replaced with the followinglanguage in italics to describe anticipated uses more effective for the HWT District: Typicaluses include neighborhood serving retail, specialty retail, restaurants (not including drivethrough food service), education, office uses, and limited handicraft and repairbusinesses. The district is not intended for vehicle sales and service uses.Land Use RegulationsProhibited Uses:Building and Landscape Material Sales:Prohibit this use in the HWT District.Animal Kennel:Prohibit this use in the HWT District.Recycling Collection Facility – Small:Prohibit this use in the HWT District. Helipad:Prohibit this use in the HWT District.Heliport:Prohibit this use in the HWT District.Transit Station or Terminal:Prohibit this use in the HWT District and the TransitOrientedDevelopment (HTD) District.Private Transportation Service:Prohibit this use in the HWT District and the HPF (PublicFacilities – Transit) District.Conditionally Permitted Use:Plant Nursery – Landscape:Permit this use in the HWT District with a Conditional Use Permit.Personal Care and Domestic Services:Permit this use in the Downtown Core (HDC) District onthe ground floor with a Conditional Use Permit and add a note to Zoning Ordinance Table 25H1limiting this use to a maximum of 15 establishments to avoid an overconcentration. Parking Facility, NonResidential:Permit this use in the HWT District and HTD District with aConditional Use Permit. Permitted Uses with Limitations:Tattoo Parlors:Permit this use in the HD (Downtown) District (Upper Floors), HDC (Upper Floors)District, HWT District, and HTD District by right.Boarding Houses, Large and Boarding Houses, Small:These uses are permitted andconditionally permitted in various Plan area districts. Additionally, the use is subject to regulationsunder Zoning Ordinance Section 25.32.12. Specific Use Regulations – Boarding Houses. Staffrecommends the addition of a reference to Zoning Ordinance Section 25.32.12 be added next toBoarding House, Large in the “Additional Regulations” column in Table 25H1 for clarificationpurposes. Staff also recommends that existing Note 9, regarding transitional housing, be addedto “Boarding House, Small” for further clarification purposes.Dwelling, SingleFamily Detached:This use is permitted and conditionally permitted in severalPlan area districts by right. Staff recommends that this use be prohibited in the HD District(Ground Floor) and the HDC District (Ground and Upper Floors). Furthermore, staff recommendsthis use remain as currently regulated in all Plan area districts with the addition of the followingrevised note in the “Additional Regulations” column in Table 25H1 for clarification purposes: Note(11) Housing is not permitted on the first floor on Texas Street in the HD and HDC ZoningDistricts.Animal, Fowl, and Bee Keeping (NonCommercial):This use is permitted in several Plan areadistricts by right and subject to the regulations under Chapter 3 Animals and Fowl of the MunicipalCode. Staff recommends the addition of the following revised note in the “Additional Regulations”column in Table 25H1 for clarification purposes: Note (11) Housing is not permitted on the firstfloor on Texas Street in the HD and HDC Zoning Districts. Garage Conversions:are permitted in several Plan area districts by right and subject to theregulations under Zoning Ordinance Section 25.20.4.3 Garage Conversions. Staff recommendsalso making Garage Conversions permitted by right in the HTD District as detached singlefamilyresidences are already permitted, and this is an ancillary component of the use. Additionally, staffrecommends the addition of the following revised note in the “Additional Regulations” column inTable 25H1 for clarification purposes: Note (11) Housing is not permitted on the first floor onTexas Street in the HD and HDC Zoning Districts.Garage and Estate Sales:are permitted in several Plan area districts by right and subject toregulations under Zoning Ordinance Section 25.20.4.4 Garage Sales. Staff recommends theaddition of a reference to Zoning Ordinance Section 25.20.4.4 and the following revised note inthe “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housingis not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.Home Occupations:are permitted in several Plan area districts by right and are subject toregulations under Zoning Ordinance Section 25.20.4.5 Home Occupations. Staff recommends theaddition of a reference to Zoning Ordinance Section 25.20.4.5 and the following revised note inthe “Additional Regulations” column in Table 25H1 for clarification purposes: Note (11) Housingis not permitted on the first floor on Texas Street in the HD and HDC Zoning Districts.Development RegulationsMixed Use Office (HO) District Building Height:The HO District allows for a maximum buildingheight of 35 feet under Zoning Ordinance Tables 25H2, 25H3, 25H4, and 25H5. Staffrecommends that Zoning Ordinance tables be amended to allow a maximum building height of 45feet to be consistent with the Plan.Side Yard Setback for SingleFamily Homes:Revise Zoning Ordinance Table 25H5 so that therequired interior side yard setback for singlefamily residences in the HWT District, HO District,and the Residential (HR) District is either 0 feet, 4 feet, or as necessary to provide private openspace. Additionally, add a note clarifying that the interior sideyard setback may be reduced to 3feet for structures complying with all applicable Uniform Building Code regulations. Activity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include adefinition for Activity Zone, as described in the Plan. Additionally, staff recommends that the notesunder Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference the ActivityZone definition, as applicable.Amenity Zone Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A include adefinition for Amenity Zone, as described in the Plan. Additionally, staff recommends that thenotes under Zoning Ordinance Tables 25H2, 25H3, and 25H4 be amended to reference theAmenity Zone definition, as applicable.Transparency Definition:Staff recommends that Zoning Ordinance Section 25.50.2.A.T include adefinition for Transparency, consistent with what is defined for ground floor and upper floorbuilding transparency in Zoning Ordinance Tables 25H2, 25H3, and 25H4. Offsite Parking Allowances:Offsite parking is permitted for Heart of Fairfield zoning districts inZoning Ordinance Tables 25H2, 25H3, and 25H4 through notes that state, “Fifty percent of anyrequired parking may be provided through onstreet parking located within 300 feet of the parcelline and the remaining 50% may be provided on any private parcel within 750 feet of the parcelline.” Staff recommends that the Zoning Ordinance tables be amended to clarify that 50 percent ofany required parking may also be provided at a publicly accessible parking facility, the use ofwhich is not limited to a specific use or activity, within 750 feet of the parcel line. This would allowparking lots and parking garages that are owned by the City of Fairfield and other governmentalentities to help satisfy parking requirements within the Plan area.Multifamily Residential and MixedUse Development Parking Reductions:Revise ZoningOrdinance Tables 25H3 and 25H4 for the HWT District to require onsite parking of 1 1/3 spacesper dwelling unit for multifamily residential developments and 1 space per dwelling unit for mixeduse developments. Zoning Ordinance Table 2518: Development Permit Requirements:Zoning Ordinance Table 2518 establishes permit requirement thresholds for projects based on the type of activity orimprovement proposed. Staff recommends that Zoning Ordinance 2518 be amended under“Multifamily” to require Minor Development Review approval for multifamily residentialdevelopments of 150 units or less and Development Review approval for multifamily residentialdevelopments of more than 150 units for Heart of Fairfield zoning districts. Additionally, staffrecommends that Zoning Ordinance Table 2518 be amended to remove the DevelopmentReview approval requirements for new commercial buildings and building additions for the formerCD District and CDC District. This means that new commercial development for properties withHeart of Fairfield Plan zoning designations would be subject to the same permit requirementthresholds. Lastly, staff recommends the addition of a note clarifying that mixeduse developmentsinvolving commercial and residential uses are subject to the permit requirement thresholds formultifamily developments.Zone Changes:Fairfield Transportation Center PropertiesThe vision of the MUWTS designation of the Plan is implemented by the HWT Zoning Ordinancedistrict. The three properties that staff recommends Specific Plan redesignation from CC to MUWTS are currently zoned CC District. Staff recommends that these subject properties be rezonedfrom CC District to HWT District to be consistent with the proposed Plan amendments and toimplement the vision of the MUWTS designation. The HWT District would allow for a collection ofresidential and commercial uses at the subject properties. 1100 Texas Street1100 Texas Street (APN: 0030174080) was recently home to the Fairfield Police Department:Investigations Division and is currently zoned PF (Public Facilities) District. The Plandesignations this property as CD: Downtown Commercial. Staff recommends that this propertybe rezoned to HD (Downtown) District so that it is consistent with the Plan. Environmental Review:

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

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

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

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

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

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

ALTERNATIVE ACTION
The City Council may choose to choose to (1) approve the proposed amendments as recommended by the Planning Commission and staff; or (2) approve some of the proposed amendments and remand those not acted on back to the Planning Commission with instructions to analyze, deliberate, and return with updated recommendations to the City Council; or (3) not approve any of the proposed amendments. However, should the City Council not approve the proposed amendments, the Zoning Ordinance will contain inconsistencies and conflict with State law and/or adopted City goals and policies.

STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 4287387
[email protected]
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Description
Proposed Ordinance Heart of Fairfield Plan Amendments Exhibit A: Zoning Exhibit Beck Ave
Exhibit B: Zoning Exhibit Texas Street
Proposed Ordinance 2022 Zoning Cleanup
HOF ZO Amend PC Reso PC202214, 20221109 Draft Minutes, and Staff Report Child Day Care Centers PC Reso PC202215, 20221214 Draft Minutes, and Staff Report ZO Amendment PC Reso PC202211, 20220928 Minutes, and Staff Report REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/13/2023 1:27 PM
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CITY OF FAIRFIELD
ORDINANCE NO. 2023-03

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

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

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

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

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

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

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

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

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ORD. NO. 2023-03

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Section 25.47.5 Findings. The City Council finds as follows:

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

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

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

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

C. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments . The Zone Change would rezone the subject parcels at 601, 649, and 699 Beck Avenue from CC (Community Commercial) District to HWT (West Texas Street) District. Both zoning designations allow for commercial and mixed-use development. The HWT also allows for residential-only developments. The subject parcels are sited within an area that is anticipated to have a collection of commercial, residential, and civic us es. Rezoning the subject parcels to HWT District would result in uses that complement these anticipated uses. Furthermore, the subject parcels are physically suitable for development required under the HWT District in that they are accessible via West Texas Street, Beck Avenue, and Cadenasso Drive and are appropriate for compact, urban development. The Zone Change would also rezone 1100 Texas Street from PF (Public Facilities) District – Downtown Area Parking (P1) Overlay District to HD (Downtown) District – Downtown Area Parking (P1) Overlay District. The subject parcel is sited at the corner of Texas Street, Taylor Street, and Empire Street, and physically suitable for development under the HD District in terms of access, utilities, and compatibility with surrounding uses. The surrounding area is Packet Page 296 of 765Attachment 1 Page 2 of 25

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

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

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

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

SECTION 4. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.2 Allowed Uses and Permit Requirements, Table 25-H1 is hereby amended to (1) remove “Building and landscape material sales” as a permitted use in the HWT District; (2) conditionally permit “Plant nursery – landscape” in the HWT District; (3) conditionally permit “Personal care and domestic services” in the Downtown Core (HDC) District on the ground floor; (4) permit “Tattoo Parlor” on the upper floors in the Downtown (HD) District and HDC District, and the Mixed Use Office (HO) District, HWT District, and Transit-Oriented Development (HTD) District; (5) remove “Animal kennel” as a conditionally permitted use in the HWT District; (6) add “Section 25.32.12” in the Additional Regulations column next to “Boarding houses, large”; (7) permit “Boarding houses, small” on the upper floors in the HD District and HDC District; (8) add “Note 9” and “Section 25.32.12” to the Additional Regulations column next to “Boarding houses, small”; (9) remove “Dwelling, single family detached” as a permitted use on upper floors in the HD District and conditionally permitted use on the ground floor and upper floors in the HDC District, and add “Note 11” to the Additional Regulations column next to “Dwelling, single family detached”; (10) add “Note 11” next to “ Animal, Fowl, and Bee Keeping (Non Commercial)” in the Additional Regulations column; (11) permit “Garage conversions” in the HTD District and add “Note 11” in the Additional Regulations column; (12) add “Section 25.20.4.4” and “Note 11” in the Additional Regulations column next to “Garage and estate sales”; (13) add “Section Packet Page 297 of 765Attachment 1 Page 3 of 25

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as defined in Chapter 10E of the Fairfield Municipal Code. The distance measured Packet Page 302 of 765Attachment 1 Page 8 of 25

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

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

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

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

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

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

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

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

Building-Streetscape
Interface

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

Notes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Open Space and
Recreational
Amenities

Common open
space (as
0% 25% 25% 0% 25% Includes shared
courtyards and
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25.20.4.8 A. Note
9, Note 10
Private open
space (ground
floor/upper floor in
square feet)
48 Buildings fronting
West Texas Street:
48 sf; other
streets: 80/48
80/48 48 80/48 Includes balconies,
rooftop open
spaces,
courtyards, yards.

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

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

Required Section 25.30.7

Buildings
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Table 25-H3: Development Regulations for Multifamily Buildings Regulations
(all figures are
minimums
measured from
property lines and
in linear feet,
unless otherwise
indicated) HD/HDC HWT HO HTD HR
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD RM-D
Building Height
Limits
60' 50' 35' 45’ 65' 35'; except 40' on
Broadway or
Pennsylvania
Note 1
Number of
Habitable Floors
2 minimum 2 minimum No Minimum Exactly 2 floors
facing Webster
Street; 3 floors
facing other
streets
2 floors required
on Broadway and
Pennsylvania
Building-
Streetscape
Interface
Garage location
and entrance
Garages may not face public street(s) unless located on back half of lot Ground floor
transparency
50% 50% 30% 30% 30% Note 6
Upper floor
transparency
30% 30% 30% 30% 30% Note 6
Front pedestrian
entrance from
street
Required; may provide private entrances off a courtyard with a shared entrance off street Notes:
(1)An increase in the Floor Area Ratio or Building Height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).
(2)Fifty percent of any required parking may be provided through on-street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel within 750 feet of the parcel line . Fifty percent of any required parking may also be provided at a publicly accessible parking facility, the use of which is not limited to a specific use or activity, within 750 feet of the parcel line. (3)Landscaping depth includes required “Amenity Zone" improvements in the public right -of-way described in Table 4.1 in the Heart of Fairfield Plan (and defined in Section 25.50.2.A). In areas where the Amenity Zone contains street tree grates, the area between the gates may be comprised of sidewalk and other Amenity Zone improvements authorized by the Plan or consistent with the Downtown Streetscape Project. (4)Landscaping depth may include “Activity Zone" improvements described in Table 4.1 of the Heart of Fairfield Plan (and defined in Section 25.50.2.A).
(5)Restrictions not applied to garages facing an alley or located on the rear half of lot.

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

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

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

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

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

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

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

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

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

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

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

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

Building-Streetscape
Interface

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

Notes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Setbacks to Habitable
Structures

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

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

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

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

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

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

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

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

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

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

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Table 25-18: Development Permit Requirements

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

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

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

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

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

... single family
detached or
attached lot

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

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Table 25-18: Development Permit Requirements
Activity or
Improvement Required Approval or Permit
Applicable
Sections & Notes
(all building sizes
listed below are
the total gross
floor area of a
project, unless
otherwise
indicated) Zoning Clearance Plan Review
Minor
Discretionary
Minor Devel.

Review
Development
Review
... single family
detached or
attached lot
- - - - -
... multifamily lot - - X - -
Alteration or
addition to historic
structure or
grounds:
... Minor - - X - -
... Major - - - X -
... Demolition - - - - X
Model home
complex
- - X - -
Commercial, Institution and Public Improvements
New buildings or
shopping centers:
... less than 25,000
s.f. (except as
listed below)
- - - X -
... 25,000 s.f. or
larger
- - - - X
... any building
with drive-through
facilities
- - - - X
... over 5000 s.f. in
the CD or CDC
zoning districts
- - - - X
Building additions:
... less than 2500
s.f.
- - X - -
... 2500 to 25,000
s.f. (except as
listed below)
- - - X -
... over 25,000 s.f. - - - - X
... over 5000 s.f. in
the CD or CDC
zoning districts
- - - - X
Facade alterations - X X - - Note 3
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Table 25-18: Development Permit Requirements

Review
Development
Review
Site plan or
landscape
alterations:

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

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

Notes:

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

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

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

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

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

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

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

A. Land use definitions, “A”

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

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

B.Land use definitions, “T”
Transparency. The condition of a vertical surface that allows light to pass through so that objects behind can be clearly seen.

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

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

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

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

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of January 2023, and
PASSED AND ADOPTED this 21st day of February, 2023, by the following vote:

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

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:
_________________________

CITY CLERK
Packet Page 319 of 765Attachment 1 Page 25 of 25

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

D
R

W TEXAS ST
OFF

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

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

EXHIBIT A
Packet Page 320 of 765Attachment 2 Page 1 of 1

EMPIRE ST

TAYLOR STTEXAS ST MADISON STJACKSON STPENNSYLVANIA AVMISSOURI ST

KENTUCKY ST

DELAWARE STGREAT JONES STCANOVA LN

CROWLEY LN

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

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

EXHIBIT B
Packet Page 321 of 765Attachment 3 Page 1 of 1

CITY OF FAIRFIELD
ORDINANCE NO. 2023-04

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

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

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

BRING THE ZONING ORDINANCE INTO FULL COMPLIANCE WITH STATE LAW THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

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

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

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

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

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

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P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required -Not permitted
Zoning District Additional
Uses RVL RL RLM RM RH RVH Regulations
Residential Land Uses
Boarding houses, large - - - C C C §25.20.4.13
Boarding houses, small P P P P P P §25.20.4.13
Community care facilities - Residential P P P P P P Note 1 Assisted Living Facility - C C P P P
Duplex - C P P P -
Duet - C - P P P -
Dwelling, multifamily (townhouses, condos,
apartments) - - C P P P §25.20.4.8
Dwellings, single family detached P P P C - -
Mobile home parks C C C C C C §25.20.4.7
Residential Accessory Uses and Improvements
Accessory dwelling units and junior accessory
dwelling units Section 25.20.4.11
Accessory structures and improvements P P P P P P §24.20.4.1, Note 2 Animal, fowl and bee keeping (non-commercial) P P P P P P Note 3, Ch. 3 Family day care homes: P P P P P P
Garage conversions P P P P P P §25.20.4.3
Garage and estate sales P P P P P P §25.20.4.4
Home occupations P P P P P P §25.20.4.5
Subdivision model homes P P P P P P §25.20.4.12
Subdivision sales trailers, temporary on-site P P P P P P §25.20.4.12 Education and Training Uses (non-residential land uses) Child day care center C C C P P P §25.20.4.9
Adult day care - small (9 or fewer clients) P P P P P P Note 1, §25.20.4.9 Adult day care - large (10 or more clients) C C C P P P Note 1, §25.20.4.9 Museum, library, or gallery C C C P P - §25.20.4.9
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P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required - Not permitted
Zoning District Additional
Uses RVL RL RLM RM RH RVH Regulations
School - Personal and Social Development - - - C C C §25.20.4.9 School - college and university C C C C C - §25.20.4.9 School - elementary and secondary (private) C C C C C - §25.20.4.9 School - elementary and secondary (public) P P P P P P Note 54, §25.20.4.9
General and Health Services (non-residential land uses) Mini-storage - - - C - C - - §25.20.4.9
Nursing home C C C P P - §25.20.4.9
Offices (non-residential land uses)
Office, Administrative, business, and professional - - - C C - §25.20.4.9 Office, Government P P P P P P Note 54,
§25.20.4.9
Office, Medical and dental - - - C C - §25.20.4.9
Office, Property management P P P P P P §25.20.4.9
Public, Quasi-public, and Assembly Uses (non-residential land uses)

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

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

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

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

Regulations Zoning District Applicable

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

Site Planning
Maximum Density (dwelling units per acre) 4.5 to 8 du/ac in RLM 8 to 15 du/ac in RM
15 to 22 du/ac in RH
Lot Area (square feet) Note 13
Attached homes No minimum
Detached homes No minimum
Lot Dimensions (Detached Housing Units)
Width:
…interior lot 30' in RLM; 25; in RM and RH
…corner lot 35' in RLM, 30' in RM and RH
Depth No minimum
Parking
On-site spaces per dwelling
1 covered, 1 uncovered for homes larger than 960
square feet; 1 uncovered space for homes less than
960 square feet
Notes 1, 2
Off-site spaces per dwelling 1 uncovered Note 3
Landscaping
Street trees (one tree for each ...) 25 feet of street frontage Note 4 Front yard landscaping installed by developer Required
Residential Waste Collection and Storage
For new subdivisions with street frontage, project
shall provide 12 linear feet per unit on-street for
toter placement. Alternatively, residential waste
can be disposed of in a shared receptacle (dumpster
or bin) contained within an approved trash
enclosure that meets City of Fairfield standards
Note 14
Open space
Private open space per unit In RLM zone: 450 square feet; Notes 5, 12 Packet Page 327 of 765Attachment 4 Page 6 of 17

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Table 25-5: RLM, RM and RH Small Lot Development Regulations Regulations Zoning District Applicable
(all figures are minimums measured from property line and in linear feet, unless otherwise indicated) RLM, RM and RH Zoning Districts Sections and Footnotes
In RM and RH zones: 280 sf
Common open space (percent of net parcel area) Five Three percent of net project area Notes 6, 15 Recreation amenities
At least 50% of common open space shall be
developed for active recreational uses. One minor
recreational amenity per 50 units or portion thereof
shall be provided.

Storage space
For dwelling units with less than 960 s.f.: 100 cubic
feet per unit; can be provided in a centralized
storage area
Buildings
Dwelling unit size 480 square feet in RLM, 200 square feet in RM and RH
Chapter 5A
Lot Coverage (maximum) 50% in RLM, 60% in RM and RH
Setbacks to habitable structures or unenclosed porch
(not including garage)
Front or street side-yard:
…if front of house faces a monolithic sidewalk 10'
…if front of house faces a separated sidewalk 5'
…if front of house faces a private courtyard 5'
Interior side yard and rear yard Either 0', 4', or as necessary to provide private open space
Notes 7, 8
Setbacks to
garages
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Table 25-5: RLM, RM and RH Small Lot Development Regulations

Regulations Zoning District Applicable

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

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

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

25.20.4.3 Garage Conversions

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

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

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

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

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

25.20.4.11 Accessory Dwelling Units and Junior Accessory Dwelling Units

D. ADU Standards

1. Location and number of ADUs

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

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

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

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

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

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

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

Temporary and Other Uses

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 11. This ordinance shall be effective 30 days following its adoption by the council. A summary of this ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the council members voting for and against it.

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INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 17th day of January 2023, and
PASSED AND ADOPTED this 21st day of February, 2023, by the following vote:

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

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR
ATTEST:
_________________________

CITY CLERK
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CITY OF FAIRFIELD

PLANNING COMMISSION

MINUTES
NOVEMBER 9, 2022

REGULAR MEETING
6:00 P.M.

I.ROLL CALL

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 Matthews.The motion was approved unanimously by roll call vote.

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

VI.PUBLIC COMMENTS
No persons spoke during public comments.

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VII. SCHEDULED MATTERS

ITEM A RAISING CANE’S

RESOLUTION PC2022-13

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

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

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

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

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

ITEM B HOF 2022 ORDINANCE AMENDMENTS

RESOLUTION PC2022-14

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

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

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

MIXED USE WEST TEXAS (MU-WTS)

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

No person spoke during the public comment period.

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

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VIII. INFORMATION AND COMMUNICATIONS

ITEM A DIRECTOR’S REPORT AND COMMISSIONER’S COMMENTS

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

IX. ADJOURNMENT TO NEXT MEETING OF NOVEMBER 23, 2022

Respectfully submitted,

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

To:

From:

Subject:

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

BACKGROUND INFORMATION

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

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

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

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

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

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

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

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

ZONING ORDINANCE AMENDMENTS

Zoning Ordinance Districts

1. HWT (West Texas Street) District Description

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

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

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

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

Land Use Regulations

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

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

Staff has identified some uses that can be permitted in the Plan area with a Conditional Use Permit. The purpose of the Conditional Use Permit is to allow for uses that may not be Packet Page 370 of 765Attachment 5 Page 32 of 42

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

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

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

2. Building and Landscape Material Sales Use

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

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

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

3. Plant Nursery – Landscape Use

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

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

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

4. Animal Kennel Use

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

Animal Kennel. Commercial or non-profit shelter for small domestic and farm animals, typically less than 100 pounds, e.g., dogs and cats. This definition includes activities such Packet Page 371 of 765Attachment 5 Page 33 of 42

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

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

5. Personal Care and Domestic Services Use

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

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

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

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

6. Recycling Collection Facility – Small Use

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

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

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

2) Small collection facilities. A facility that occupies an area of 700 square feet or less and may include: a mobile unit, vehicle, or trailer; a grouping of reverse vending machines Packet Page 372 of 765Attachment 5 Page 34 of 42

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

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

7. Boarding Houses, Large Use

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

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

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

8. Boarding Houses, Small Use

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

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

Boarding Houses, Small uses are permitted in the HO District, HWT District, and HR District by right. This use is not permitted in the HD District, HDC District, HTD District, and HPF District. Staff recommends that this use be permitted in the HD District (Upper Floors) and HDC District (Upper Floors) by right. Staff also recommends that a reference to Zoning Packet Page 373 of 765Attachment 5 Page 35 of 42

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

9. Dwelling, Single-Family Detached Use

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

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

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

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

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

11. Garage Conversions

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

Packet Page 374 of 765Attachment 5 Page 36 of 42

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

12. Garage and Estate Sales

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

13. Home Occupations

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

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

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

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

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

14. Helipad

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

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

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

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

15. Heliport

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

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

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

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

16. Transit Station or Terminal

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

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

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

17. Private Transportation Service Use

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

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

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

18. HO (Mixed Use Office) District Building Height

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

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

19. Activity Zone Definition

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

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

Packet Page 376 of 765Attachment 5 Page 38 of 42

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

20. Amenity Zone Definition

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

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

21. Parking Reduction

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

22. Table 25-18: Development Permit Requirements

Zoning Ordinance Table 25-18 establishes permit requirement thresholds for projects based on the type of activity or improvement proposed. Multifamily residential developments involving 25 units or less require Minor Development Review approval at the Zoning Administrator level, whereas multifamily residential developments involving more than 25 units require Development Review approval at the Planning Commission level. New commercial buildings less than 25,000 square feet and building additions 2,500 to 25,000 square feet require Minor Development Review approval at the Zoning Administrator level, whereas new commercial buildings and building additions 25,000 square feet or more require Packet Page 377 of 765Attachment 5 Page 39 of 42

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

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

SPECIFIC PLAN AMENDMENTS

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

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

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

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

The vision for this area is to create a new “urban mixed use corridor” along both sides of West Texas Street that allows for higher density residential uses with supporting commercial uses. This mixed use approach, which can be either vertical (e.g., same building) or horizontal (same or adjacent lot), will strengthen the neighborhood and Packet Page 378 of 765Attachment 5 Page 40 of 42

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

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

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

ZONE CHANGE

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

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

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

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

ENVIRONMENTAL REVIEW
The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations and Section 15061(b)(3): Common Sense Exemption. The proposed Plan amendments will not have a significant impact on the environment in that the certified Heart of Fairfield Plan Environmental Impact Report anticipated up to 1,600 new residential units and up to 140,000 square feet of new commercial and office space throughout the Plan area. The proposed zone Packet Page 379 of 765Attachment 5 Page 41 of 42

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

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

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

Attachments:

1. Planning Commission Resolution No. PC2022-14 with attached:
• Exhibit A – Draft Ordinance for Zoning Ordinance Amendment and Zone Change with Zoning Exhibit
• Exhibit B – Specific Plan Land Use Exhibit
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City of Fairfield Planning Commission
RESOLUTION NO. PC2022-15

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION

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

COMMERCIAL ZONING DISTRICTS, TO ALLOW CHILD DAYCARE CENTERS

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

ZONING DISTRICT

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

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

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

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

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

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

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

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMM ISSIONERS:

ABSENT: COMMISSIONERS:

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

WER BLIN
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NON£
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PC ITEM NO.: B PC DATE: 12/14/2022
PC FILE NO.: OA2022-005 PAGE 2
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EXHIBIT A
DRAFT

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

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

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

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

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

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

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

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

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

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CITY OF FAIRFIELD

PLANNING COMMISSION

MINUTES
DECEMBER 14, 2022

REGULAR MEETING
6:00 P.M.

I.ROLL CALL

Absent: None.

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

III.INFORMATION ON SPEAKER CARDS
IV.APPROVAL OF AGENDA
Vice-Chairperson Cruzen made a motion to approve the agenda as submitted. The motion was seconded by Commissioner 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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DRAFTS:\Planning\PC Meetings\Minutes\2022\2022-12-14 Planning Commission DRAFT Minutes.docx Community Development Department

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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
PAGE2
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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 395 of 765Attachment 7 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

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.

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

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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:

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 416 of 765Attachment 7 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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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

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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 424 of 765Attachment 7 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.

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.

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
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EMPIRE ST

TAYLOR STTEXAS ST MADISON STJACKSON STPENNSYLVANIA AVMISSOURI ST

KENTUCKY ST

DELAWARE STGREAT JONES STCANOVA LN

CROWLEY LN

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 431 of 765Attachment 7 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 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 433 of 765Attachment 7 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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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 436 of 765Attachment 7 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: 10.

AGENDA REPORT
DATE:February 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Approving Mayor’s Appointments to the Youth Commission, Rockville Hills Regional Park Citizen Advisory Committee, and the Golf Advisory Board RECOMMENDED ACTION
Approve appointments. Perform oath of office.

STATEMENT OF ISSUE
The City Council is being asked to approve the appointments as follows:

Youth Commission
Term 1/1/2023 – 1231/2024

1. Harsukh Sidhu

2. Annilynn Rielle Martinez

3. Cian Fei Long Wilson
Rockville Hills Regional Park Citizen Advisory Committee Term 1/1/2023 – 12/31/2026

1. Nikolaus Glazar
Golf Advisory Board
Term 1/1/2023 – 12/31/2026

1. Tom Ebert

2. Mike Garcia

DISCUSSION
Eight seats are available for the Youth Commission for a twoyear term of January 1, 2023, through December 31, 2024.

One seat is available for the Rockville Hills Regional Park Citizen Advisory Committee position for a fouryear term of January 1, 2023, through December 31, 2026.

Two seats are available for the Golf Advisory Board for a fouryear term of January 1, 2023, through Packet Page 439 of 765

Agenda Item No: 10.AGENDA REPORTDATE:February 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Approving Mayor’s Appointments to the Youth Commission, RockvilleHills Regional Park Citizen Advisory Committee, and the Golf Advisory BoardRECOMMENDED ACTIONApprove appointments. Perform oath of office.STATEMENT OF ISSUEThe City Council is being asked to approve the appointments as follows:Youth CommissionTerm 1/1/2023 – 1231/20241. Harsukh Sidhu2. Annilynn Rielle Martinez3. Cian Fei Long WilsonRockville Hills Regional Park Citizen Advisory CommitteeTerm 1/1/2023 – 12/31/20261. Nikolaus GlazarGolf Advisory BoardTerm 1/1/2023 – 12/31/20261. Tom Ebert2. Mike GarciaDISCUSSIONEight seats are available for the Youth Commission for a twoyear term of January 1, 2023, throughDecember 31, 2024.One seat is available for the Rockville Hills Regional Park Citizen Advisory Committee position for a fouryear term of January 1, 2023, through December 31, 2026.

Two seats are available for the Golf Advisory Board for a fouryear term of January 1, 2023, through December 31, 2026.

Councilmembers Doriss Panduro and Scott Tonnesen interviewed 11 applicants on February 1, 2023.

All the interviewed applicants listed above were recommended for appointment, and the recommendations were submitted to Mayor Catherine "Cat" Moy for consideration.

Mayor Moy agreed with the recommendations provided.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the mayor’s appointments, thereby leaving vacancies.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
N/A
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/9/2023 8:06 AM
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Agenda Item No: 11.

AGENDA REPORT
DATE:February 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:City Council Discussion and Direction on way to Honor the Late Mayor Harry T. Price for his Decades of Service to the Fairfield Community
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.

STATEMENT OF ISSUE
On December 16, 2022, Mayor Harry T. Price passed away unexpectedly while in office. Mayor Price dedicated nearly three decades of service to the City of Fairfield, becoming the longest serving mayor in City’s history. City Council members have individually discussed ways to honor Mayor Price’s legacy.

DISCUSSION
The City of Fairfield has a City Council adopted Facility Naming Policy. Staff seeks council discussion and direction on a way to honor Mayor Price for his decades of service to the Fairfield Community.

Upon council direction, staff will return with an application and resolution to honor Mayor Price how directed.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may choose to provide any direction desired.

STAFF CONTACT
David Gassaway, City Manager
(707) 4287400
[email protected]
Packet Page 441 of 765

Agenda Item No: 11.AGENDA REPORTDATE:February 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:City Council Discussion and Direction on way to Honor the Late Mayor Harry T. Pricefor his Decades of Service to the Fairfield CommunityRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEOn December 16, 2022, Mayor Harry T. Price passed away unexpectedly while in office. Mayor Pricededicated nearly three decades of service to the City of Fairfield, becoming the longest serving mayorin City’s history. City Council members have individually discussed ways to honor Mayor Price’s legacy.DISCUSSIONThe City of Fairfield has a City Council adopted Facility Naming Policy. Staff seeks council discussionand direction on a way to honor Mayor Price for his decades of service to the Fairfield Community.Upon council direction, staff will return with an application and resolution to honor Mayor Price howdirected.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONCity Council may choose to provide any direction desired.STAFF CONTACTDavid Gassaway, City Manager (707) 4287400
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Facility Naming Policy
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 2/13/2023 3:00 PM
Packet Page 442 of 765

City of Fairfield

POLICY FOR NAMING CITY FACILITIES, DONATIONS,

SPONSORSHIPS, AND CAPITAL CAMPAIGNS

POLICY PURPOSE

This Policy establishes the process and criteria for the consideration of requests for the naming of City facilities, the process and criteria for the consideration of acceptance of donations, the process and criteria associated with sponsorships, and the establishment of capital campaigns.

POLICY STATEMENT – NAMING OF CITY FACILITIES

It is the policy of the City to provide a process for consideration of the naming of City facilities. As used in this policy and for the purposes of naming, “facility” or “facilities” shall include all City- owned infrastructure such as streets, parks, and buildings or portions of any of those facilities.

Only new facilities or additions to facilities are eligible for naming.

Once named, no City facility shall be renamed.

The type, design, size, font, wording, placement, and other similar components of plaques, monuments, signs, etc. installed or placed at City facilities shall be at the sole discretion of the City.

Pursuant to Government Code §34092, whenever the name of any street, park, or place is adopted or established by any city or other authority, the city clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the Solano County Board of Supervisors.

Naming Process

The process for naming a public facility will be as follows:

A. Timing of Naming. Facilities may only be named at the conclusion of any capital campaign raising funds for the facility or addition, even if the name of the facility does not result from that campaign. Facilities must be named sixty (60) days before public use.

B. Application Submittal. A naming application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.

C. Application Review. The City Manager’s office shall review the application and determine if it is complete and consistent with this Policy. Applications determined by the City Manager’s Office to be incomplete, without sufficient support, or that are otherwise inconsistent with this Policy will be returned to the applicant together with a written Packet Page 157 of 178Attachment 1 Page 1 of 6 Packet Page 443 of 765Attachment 1 Page 1 of 6

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explanation for the return. The applicant may resubmit the application at any time up to a total of two additional times with new or additional information to correct the insufficiencies.

If determined to be complete and consistent, city staff will prepare and present a staff report including a recommendation for City Council consideration during a City Council meeting.

D. Review by City Council. The City Council shall consider the application and staff report and determine whether a City facility or portion thereof should be named. All naming decisions shall be at the sole discretion of the City Council.

Naming Criteria

Priorities in order of importance to be considered in naming City Facilities shall be as follows:

A. Historic Names. Names of historic events, groups, organizations, or persons at the local, regional, or national level of major significance with special consideration given to Fairfield’s own history.

B. Places and Feature Names.

1. Recognizable area or neighborhood, e.g. “Rolling Hills.” Names that aid in locating a facility are acceptable. If the facility is located on a park or school site, the facility need not share the name of the park or school site.

2. Assumed Names. Assumed names should be used only if the area has been known by that assumed name for an extended period of time, e.g. the “Cordelia” area.

3. Theme Names. If a facility is located in an area with a specific theme, due consideration should be given to that theme.

4. Natural Phenomena. Natural phenomena, such as rivers, creeks, and terrain.

5. Horticultural Features. Horticultural features characteristic of a particular area.

6. Combination of horticultural and place.

C. Individuals, Groups, or Organizations. The following criteria will be used in evaluating the use of names of persons (whether living or deceased), groups, and organizations.

1. General Criteria. Names of groups, organizations, or persons, having a longstanding affiliation with the City of not less than ten (10) or more years of significant community service, involvement, or contributions beyond the ordinary interest level where efforts have:
a. Enhanced the quality of life and well-being of City residents; b. Contributed to the preservation of the City’s history or culture; c. Made exemplary or meritorious contributions to the City or its residents; and/or
d. Contributed to the acquisition, development, or conveyance of land, buildings, structures, or other amenities to the City or community.

2. Groups and Organizations. Facilities may be named after groups or organizations pursuant to the General Criteria.

3. Deceased Persons. To be considered for a naming opportunity, the individual must have been deceased for at least two (2) years. Such individuals may include:
a. Historic persons.
b. National and/or local heroes. Those who have given outstanding service to humankind or who have worked over and above any ordinary interest level. A resident of Fairfield who has attained local, Packet Page 158 of 178Attachment 1 Page 2 of 6 Packet Page 444 of 765Attachment 1 Page 2 of 6

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state, or national recognition for parks and recreation work or work in the areas of public safety or public health, as appropriate to the facility, would be highly acceptable.
c. No facility can be named after any City of Fairfield employee, except for those who died while on duty working for the City of Fairfield. d. Only one Facility may be named in honor of an individual.

4. Living Persons. Facilities will not be named after living persons unless associated with a capital campaign.

In addition, the following names should be avoided:

 Cumbersome, corrupted or modified names, profane, discriminatory or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, political affiliation or other similar categories.  Names that cause confusion due to duplication or that sound too similar to existing named locations within the City or surrounding areas.
 Names of companies whose business is substantially derived from the sale of alcohol, tobacco, cannabis, firearms, pornography, or other products or services considered unsuitable or inappropriate.
 The re-use of former facility names other than for a reconstruction of the same facility in the same location.
 Names that would result in the overt commercialization of City facilities unless in conjunction with a substantial subsidy of construction costs in conjunction with a capital campaign.
 Names that are overly recognized, either within the City or region.

Naming Costs

All costs of plaques, monuments, signs and the like resulting from naming will be borne by the individual, group, or organization requesting the name.

POLICY STATEMENT – DONATIONS

It is the policy of the City to provide a process for consideration of donations. As used in this policy, “donations” refer certain tangible objects such as benches, trees, cars, or artwork or the financial means for the city to acquire such objects. There is no expectation of an equal exchange of recognition or benefits commensurate with the value of the donation and there are no naming opportunities associated with the donation, although the City at its sole discretion may wish to recognize the donor or donor’s honoree at a City Council meeting and/or with a commemorative plaque at the location of the donation.

Donation Process

A. Application. A donation application shall be submitted to the City Manager’s Office. The City Manager’s Office may prescribe the form and necessary components of the application, which may change over time or to best match each particular request.

B. Review of Application. The City Manager’s Office shall review the application and determine if it is complete and consistent with this Policy, including with the Acceptance Criteria. The City Manager’s Office will coordinate such review with or through another city Packet Page 159 of 178Attachment 1 Page 3 of 6 Packet Page 445 of 765Attachment 1 Page 3 of 6

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department or departments benefitting from the donation. The City Manager’s Office will return applications determined by to be incomplete or inconsistent with this Policy together with a written explanation for the return. The applicant may resubmit the application at any time up to a total of two additional times with new or additional information to correct the insufficiencies.

C. Acceptance of Donations. The City Manager’s Office may accept the donation if it is determined to be in compliance with this policy and as long as the donation also complies with other applicable city or state policies or laws governing gifts and donations. At the City Manager’s discretion, staff may present a recommendation about a particular donation to the City Council for the City Council to make the final determination to accept or reject a donation. The City reserves the right to reject any offer of donation if, upon review, acceptance of the donation is determined not to be in the best interest of the City.

Donation Acceptance Criteria

Appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. Criteria for evaluation may include but are not limited to:

 The desirability or need for the donation.
 An analysis of any visual, functional, or land use impact of the donation.  An analysis of the make, model, and proposed location of the donation.  Consideration of any immediate or initial expenditure required of the City in order to accept the donation.
 The potential and extent of the City’s obligation to maintain the property or item donated, and the City’s available resources to do so now and in the future.  Whether the donation includes sufficient funding for installation and/or maintenance.  The community benefit derived from the donation.

Donations will not be accepted from:

 Companies that substantially derive their income from the sale of tobacco products, cannabis products, alcohol, pornography or other “adult” businesses, gambling or firearms  Any entity that will create a conflict of interest with the City  A business or other entity involved in a lawsuit/litigation with the agency  A business or other entity engaged in any stage of negotiation with the city for any purpose other than that for a sponsorship or capital campaign process

Following the Acceptance of Donations

Upon acceptance of donations, the City will assume ownership, control, and maintenance of any donation unless otherwise specified in a written agreement between the City and the donor. The City shall not be obligated to retain, repair or replace any donated object that is damaged or destroyed for any reason, such as by vandalism, theft, the effects of weather or time, or, in the case of live plants, if they die. The City reserves the right to remove and/or relocate any donated object at any time. However, if a donated object(s) needs to be removed and is in acceptable condition, the City will make a reasonable attempt to relocate the object(s), if a need for such object(s) exists at another City facility. When acknowledging donations, the acknowledgement language and signage shall conform to the relevant portions of the Naming of City Facilities Packet Page 160 of 178Attachment 1 Page 4 of 6 Packet Page 446 of 765Attachment 1 Page 4 of 6

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section of this policy. In addition, plaques, benches, trees, and other donated objects are not intended to be a place of worship or an official gathering place.

POLICY STATEMENT – SPONSORSHIPS

It is the policy of the City to provide a process for sponsorships. As used in this policy, “sponsorships” are the financial, service, or in-kind contributions that will increase the City’s ability to deliver services, programs, scholarships, special events, and other similar non-tangible elements that further enhance, promote or support the goals of the City.

The City may offer sponsorship opportunities from time-to-time and may offer a mutually agreeable exchange of benefits with the exception that no Naming rights of facilities or tangible items covered by capital campaigns result from sponsorships. With the approval of City Council, sponsorships may result in a named scholarship or program that is designed to last five or more years. For named scholarships or programs lasting fewer than five years, the process below may be followed without City Council approval.

Sponsorship Process

With the approval of the City Manager, City staff may enter into customized, written sponsorships agreements with willing sponsors and provide sponsors with a level of benefit that is commensurate with their contribution. Types of sponsor benefits may include but are not limited to:
 Publicity including the display of a sponsor’s logo through City publications, the website, newsletters, flyers, brochures, and/or media releases.
 Marketing opportunities at special events or program sites.  Tangible benefits such as event admission or commemorative items such as plaques, a framed picture, or program or event shirts.
 Acknowledgement on printed materials such as recreation program.  Signage including the possibility of the inclusion of an individual's name or company name and logo on a fixed site for the period of time detailed in the sponsorship agreement. The following limitations apply to signage:
• Allowed signage and recognition display details, including type, location, size, design, content and duration of display is at the sole discretion of the City and will be a component of the sponsorship agreement.
• Words or characters likely to interfere with or mislead pedestrian or vehicular traffic, i.e. “stop,” “drive,” “danger” are prohibited.
• Reference or depiction of any obscene act, gesture or word is prohibited. • Depictions of the use of drugs or alcohol are prohibited. • Decision for signage placement will be performed with input from the relevant program/facility manager.

Sponsorship Criteria

 The City reserves the right to reject or terminate sponsorship agreements if, upon review, acceptance or continuance of the sponsorship is determined not to be in the best interest of the City or if the sponsor violates any terms of the agreement.  Sponsorship agreements will be for a defined period of time.

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 The City shall not be obligated to continue a program, event or scholarship beyond the parameters of any written agreement.
 Recognition of a sponsor shall not suggest in any way the endorsement of the sponsor's goods or services.
 Sponsorships shall not be made conditional based on the agency’s performance.  Individual sponsors will not limit agency’s ability to seek other sponsors unless mutually agreed upon by both the City and the sponsor.
 Sponsors are prohibited from unauthorized use of the City’s name or brand.  Sponsorships will not be accepted from:
• Companies that substantially derive their income from the sale of tobacco products, cannabis products, pornography or other “adult” businesses, gambling or firearms • Companies that substantially derive their income from the sale of alcohol when the sponsorship is primarily for programs, events, or other similar settings or occasions where the target audience is youth
• Any entity that will create a conflict of interest with the City • Any religious or political organization
• A business or other entity involved in a lawsuit/litigation with the agency • A business or other entity engaged in any stage of negotiation with the city for any purpose other than that for a sponsorship or capital campaign process

POLICY STATEMENT – CAPITAL CAMPAIGNS

It is the policy of the City to provide a process for capital campaigns.

The City may conduct capital campaigns from time-to-time to raise funds for city facilities as defined in the Naming portion of this policy or for tangible objects within cities facilities such as furniture, fixtures, appliances, scoreboards, playground equipment, and the like.

Capital campaigns or portions of capital campaigns that will result in the naming of new facilities as defined in the Naming portion of this policy, portions of those new facilities such as definable spaces or rooms, or additions to facilities such as a new “wing” of a building, shall follow the Naming portion of this Policy at the conclusion of the capital campaign.

Capital campaigns or portions of capital campaigns that will result in the acquisition of tangible objects for City facilities will be designed and managed at staff level in accordance with all other State laws and City policies. Contributions may be accepted in accordance with all other components of this policy including, but not limited to, limitations on allowed contributors and recognition of contributors.

The City reserves the right to reject or return funds offered during capital campaigns if, upon review, acceptance of the donation is determined not to be in the best interest of the City.

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Agenda Item No: 12.

AGENDA REPORT
DATE:February 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Resolution 202329 of the City Council of the City of Fairfield Authorizing Modifications and a Recapitalization of the Heart of Fairfield Revitalization & Enhancement Assistance Program as well as the Establishment of a Downtown Equipment Loan Program
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
In 2017, the City Council approved a Façade Improvement program to facilitate Heart of Fairfield improvements. This program was revised to the current Revitalization & Enhancement Assistance Program (REAP) in place today. Additionally, the Economic Development Strategic Plan, approved in 2021, called for modifications to the REAP program as well as the establishment of additional programs to assist with the goals laid out for downtown business attraction and investment. At this time staff is requesting the following actions be approved:
• Recapitalize the existing REAP program to sustain the continued use of the program by property owners and businesses
• Modify the existing REAP program to create an increased grant amount for catalyst projects • Establish a lowinterest loan program to assist with equipment financing for catalyst projects

DISCUSSION
Recapitalize REAP Program
The REAP program was established to encourage business owners and commercial property owners to enhance their properties. The program provides grants to make improvements to the appearance and utilization of properties in the following ways:

Exterior improvements windows, doors, stucco, paint, awnings Signage
Outdoor dining seating & improvements
Interior improvements in tandem with exterior work
Packet Page 449 of 765

The existing program provides funding assistance as follows:

Minor Facade Improvements
For exterior work, up to $10,000 in project costs
Covers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor dining furniture, and improvements
The city covers 75% of projects costs, up to $7,500*
Major Facade Improvements
For exterior work between $10,000 $50,000 in project costs Covers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor dining furniture, and improvements
The city covers 50% of projects costs, up to $25,000*
Interior Improvements
For interior work, up to $50,000 in project costs
Must be done in tandem with approved exterior façade work The city covers 50% of projects costs, up to $25,000*
*Maximum amount allowed for one project not to exceed $50,000 Since March 2022, when the program was recapitalized, an additional five applications have been received and approved. When these projects are funded, there will be approximately $100,000 of funding left in the program. However, staff is currently in conversations with additional applicants which will deplete the remaining funds. To continue, staff is recommending the program be recapitalized by $100,000. The funding for this recapitalization will continue to come from the Heart of Fairfield Economic Development Intergovernmental Fund.

Modify REAP Program
The Economic Development Strategic Plan called for the expansion of the REAP program to accelerate change in the downtown through catalyst projects. A catalyst project for the REAP program is defined as one that converts an existing space into a use that includes, but is not limited to brewpubs, restaurants, or art galleries. These types of projects further the goal of creating a Food & Arts District downtown. In addition to the use of the space, a catalyst project could include the renovation of a downtown building with an overall street frontage of more than 100 feet. If a project meets either of these criteria, the grant maximums under the REAP program would be doubled as follows:

Catalyst Facade Improvements
For exterior work above $50,000 in project costs
Covers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor dining furniture, and improvements
The city covers 50% of projects costs, up to $50,000*
Interior Improvements
For interior work, above $50,000 in project costs
Must be done in tandem with approved exterior façade work The city covers 49.5%% of projects costs, up to $49,500* *Maximum amount allowed for one project not to exceed $99,500 Staff is recommending that an additional $200,000 in funding be added to the REAP program to accommodate catalyst improvement projects. The funding for this recapitalization will also come from Packet Page 450 of 765

Agenda Item No: 12.AGENDA REPORTDATE:February 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202329 of the City Council of the City of Fairfield Authorizing Modificationsand a Recapitalization of the Heart of Fairfield Revitalization & EnhancementAssistance Program as well as the Establishment of a Downtown Equipment LoanProgramRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn 2017, the City Council approved a Façade Improvement program to facilitate Heart of Fairfieldimprovements. This program was revised to the current Revitalization & Enhancement AssistanceProgram (REAP) in place today. Additionally, the Economic Development Strategic Plan, approved in2021, called for modifications to the REAP program as well as the establishment of additionalprograms to assist with the goals laid out for downtown business attraction and investment. At this timestaff is requesting the following actions be approved:• Recapitalize the existing REAP program to sustain the continued use of the program by propertyowners and businesses• Modify the existing REAP program to create an increased grant amount for catalyst projects• Establish a lowinterest loan program to assist with equipment financing for catalyst projectsDISCUSSIONRecapitalize REAP ProgramThe REAP program was established to encourage business owners and commercial property ownersto enhance their properties. The program provides grants to make improvements to the appearanceand utilization of properties in the following ways:Exterior improvements windows, doors, stucco, paint, awningsSignageOutdoor dining seating & improvementsInterior improvements in tandem with exterior workThese improvements can significantly impact the highest and best use, appearance, community pride,economic setting, and marketability of the properties and businesses located in the City of Fairfield'sHeart of Fairfield Plan Area. The existing program provides funding assistance as follows:Minor Facade ImprovementsFor exterior work, up to $10,000 in project costsCovers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor diningfurniture, and improvementsThe city covers 75% of projects costs, up to $7,500*Major Facade ImprovementsFor exterior work between $10,000 $50,000 in project costsCovers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor diningfurniture, and improvementsThe city covers 50% of projects costs, up to $25,000*Interior ImprovementsFor interior work, up to $50,000 in project costsMust be done in tandem with approved exterior façade workThe city covers 50% of projects costs, up to $25,000**Maximum amount allowed for one project not to exceed $50,000Since March 2022, when the program was recapitalized, an additional five applications have beenreceived and approved. When these projects are funded, there will be approximately $100,000 offunding left in the program. However, staff is currently in conversations with additional applicants whichwill deplete the remaining funds. To continue, staff is recommending the program be recapitalized by$100,000. The funding for this recapitalization will continue to come from the Heart of FairfieldEconomic Development Intergovernmental Fund.Modify REAP ProgramThe Economic Development Strategic Plan called for the expansion of the REAP program toaccelerate change in the downtown through catalyst projects. A catalyst project for the REAP programis defined as one that converts an existing space into a use that includes, but is not limited to brewpubs,restaurants, or art galleries. These types of projects further the goal of creating a Food & Arts Districtdowntown. In addition to the use of the space, a catalyst project could include the renovation of adowntown building with an overall street frontage of more than 100 feet. If a project meets either ofthese criteria, the grant maximums under the REAP program would be doubled as follows: Catalyst Facade ImprovementsFor exterior work above $50,000 in project costsCovers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor diningfurniture, and improvementsThe city covers 50% of projects costs, up to $50,000*Interior ImprovementsFor interior work, above $50,000 in project costsMust be done in tandem with approved exterior façade workThe city covers 49.5%% of projects costs, up to $49,500**Maximum amount allowed for one project not to exceed $99,500 Staff is recommending that an additional $200,000 in funding be added to the REAP program to accommodate catalyst improvement projects. The funding for this recapitalization will also come from the Heart of Fairfield Economic Development Intergovernmental Fund.

Establish a LowInterest Equipment Financing Program
Additionally, the Economic Development Strategic Plan called for the establishment of an equipment capital fund to be used as an additional financing source for equipment purchases that coincide with projects that meet the use criteria but not the street frontage criteria to qualify as a catalyst project. An example would be equipment needed for a brewery/brewpub or restaurant, or infrastructure equipment such as HVAC needed for a conversion. The following loan terms would apply:

Amount Up to $99,500, not to exceed more than 50% of the total equipment costs Term 10 years
Rate 2% fixed for the life of the loan
Repayment To assist with the cashflow requirements of a startup business, loan payments may be deferred for a period of up to 90 days after the opening of the business.

Collateral UCC filing on all equipment purchased and subordinate deed of trust on the property Staff recommends that $200,000 in funding be used to capitalize the loan program. The funding for this capitalization will also come from the Heart of Fairfield Economic Development Intergovernmental Fund.

FINANCIAL IMPACT
To recapitalize the existing REAP program (Fund 55145199, Organization Code 9508, Project 10138), capitalize the modification of the REAP program for catalyst projects and capitalize the equipment loan program, it is recommended that $500,000 be transferred from the Heart of Fairfield Intergovernmental Loan Fund designated for economic development activities.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The City Council may choose not to adopt the resolution and not continue with the REAP Program, its modifications, or the equipment loan fund.

STAFF CONTACT
Dwayne Dalman, Economic Development Manager
(707) 4287649
[email protected]
COORDINATED WITH
ATTACHMENTS:

Description
Attachment 1: Proposed Resolution
REVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 2/7/2023 7:18 PM
Packet Page 451 of 765

Agenda Item No: 12.AGENDA REPORTDATE:February 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Resolution 202329 of the City Council of the City of Fairfield Authorizing Modificationsand a Recapitalization of the Heart of Fairfield Revitalization & EnhancementAssistance Program as well as the Establishment of a Downtown Equipment LoanProgramRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEIn 2017, the City Council approved a Façade Improvement program to facilitate Heart of Fairfieldimprovements. This program was revised to the current Revitalization & Enhancement AssistanceProgram (REAP) in place today. Additionally, the Economic Development Strategic Plan, approved in2021, called for modifications to the REAP program as well as the establishment of additionalprograms to assist with the goals laid out for downtown business attraction and investment. At this timestaff is requesting the following actions be approved:• Recapitalize the existing REAP program to sustain the continued use of the program by propertyowners and businesses• Modify the existing REAP program to create an increased grant amount for catalyst projects• Establish a lowinterest loan program to assist with equipment financing for catalyst projectsDISCUSSIONRecapitalize REAP ProgramThe REAP program was established to encourage business owners and commercial property ownersto enhance their properties. The program provides grants to make improvements to the appearanceand utilization of properties in the following ways:Exterior improvements windows, doors, stucco, paint, awningsSignageOutdoor dining seating & improvementsInterior improvements in tandem with exterior workThese improvements can significantly impact the highest and best use, appearance, community pride,economic setting, and marketability of the properties and businesses located in the City of Fairfield'sHeart of Fairfield Plan Area. The existing program provides funding assistance as follows:Minor Facade ImprovementsFor exterior work, up to $10,000 in project costsCovers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor diningfurniture, and improvementsThe city covers 75% of projects costs, up to $7,500*Major Facade ImprovementsFor exterior work between $10,000 $50,000 in project costsCovers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor diningfurniture, and improvementsThe city covers 50% of projects costs, up to $25,000*Interior ImprovementsFor interior work, up to $50,000 in project costsMust be done in tandem with approved exterior façade workThe city covers 50% of projects costs, up to $25,000**Maximum amount allowed for one project not to exceed $50,000Since March 2022, when the program was recapitalized, an additional five applications have beenreceived and approved. When these projects are funded, there will be approximately $100,000 offunding left in the program. However, staff is currently in conversations with additional applicants whichwill deplete the remaining funds. To continue, staff is recommending the program be recapitalized by$100,000. The funding for this recapitalization will continue to come from the Heart of FairfieldEconomic Development Intergovernmental Fund.Modify REAP ProgramThe Economic Development Strategic Plan called for the expansion of the REAP program toaccelerate change in the downtown through catalyst projects. A catalyst project for the REAP programis defined as one that converts an existing space into a use that includes, but is not limited to brewpubs,restaurants, or art galleries. These types of projects further the goal of creating a Food & Arts Districtdowntown. In addition to the use of the space, a catalyst project could include the renovation of adowntown building with an overall street frontage of more than 100 feet. If a project meets either ofthese criteria, the grant maximums under the REAP program would be doubled as follows: Catalyst Facade ImprovementsFor exterior work above $50,000 in project costsCovers exterior work such as doors, windows, stucco, awnings, signage, paint & outdoor diningfurniture, and improvementsThe city covers 50% of projects costs, up to $50,000*Interior ImprovementsFor interior work, above $50,000 in project costsMust be done in tandem with approved exterior façade workThe city covers 49.5%% of projects costs, up to $49,500**Maximum amount allowed for one project not to exceed $99,500Staff is recommending that an additional $200,000 in funding be added to the REAP program toaccommodate catalyst improvement projects. The funding for this recapitalization will also come fromthe Heart of Fairfield Economic Development Intergovernmental Fund.Establish a LowInterest Equipment Financing ProgramAdditionally, the Economic Development Strategic Plan called for the establishment of an equipmentcapital fund to be used as an additional financing source for equipment purchases that coincide withprojects that meet the use criteria but not the street frontage criteria to qualify as a catalyst project. Anexample would be equipment needed for a brewery/brewpub or restaurant, or infrastructure equipmentsuch as HVAC needed for a conversion. The following loan terms would apply:Amount Up to $99,500, not to exceed more than 50% of the total equipment costsTerm10 yearsRate2% fixed for the life of the loanRepaymentTo assist with the cashflow requirements of a startup business, loan payments may bedeferred for a period of up to 90 days after the opening of the business.Collateral UCC filing on all equipment purchased and subordinate deed of trust on the propertyStaff recommends that $200,000 in funding be used to capitalize the loan program. The funding for thiscapitalization will also come from the Heart of Fairfield Economic Development IntergovernmentalFund.FINANCIAL IMPACTTo recapitalize the existing REAP program (Fund 55145199, Organization Code 9508, Project 10138),capitalize the modification of the REAP program for catalyst projects and capitalize the equipment loanprogram, it is recommended that $500,000 be transferred from the Heart of Fairfield IntergovernmentalLoan Fund designated for economic development activities.PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe City Council may choose not to adopt the resolution and not continue with the REAP Program, itsmodifications, or the equipment loan fund.STAFF CONTACTDwayne Dalman, Economic Development Manager(707) 428[email protected] WITHATTACHMENTS:DescriptionAttachment 1: Proposed ResolutionREVIEWERS:

Reviewer Action Date
Dalman, Dwayne Approved 2/7/2023 7:18 PM
Feinstein, David Approved 2/7/2023 2:40 PM
Beavers, Esther Approved 2/8/2023 11:33 AM
Beavers, Esther Approved 2/8/2023 11:35 AM
Packet Page 452 of 765

CITY OF FAIRFIELD

RESOLUTION NO. 2023-29

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD

AUTHORIZING MODIFICATIONS AND A RECAPITALIZATION OF THE HEART OF FAIRFIELD

REVITALIZATION & ENHANCEMENT ASSISTANCE PROGRAM AS WELL AS THE ESTABLISHMENT

OF A DOWNTOWN EQUIPMENT LOAN PROGRAM

WHEREAS, in 2017 the City Council approved a Façade Improvement Program to facilitate improvements in the Heart of Fairfield; and

WHEREAS, this program was revised to the current REAP Program that is in place today; and

WHEREAS, the Economic Development Strategic Plan called for modifications to the REAP program as well as the establishment of additional programs to assist with the goals of downtown business attraction and investment; and

WHEREAS, the modifications identified include changing the existing REAP program to allow for an increased grant amount to accommodate catalyst projects, as well as the establishment of a low-interest loan program for equipment financing in conjunction with catalyst projects; and

WHEREAS, as a result of property owners and businesses utilizing the program and existing applications that are currently in process, there is a need to recapitalize the existing REAP program to continue; and

WHEREAS, establishing a modified section of the REAP program to accommodate catalyst projects and the establishment of a loan program to finance equipment associated with catalyst projects require additional funding; and

WHEREAS, these projects have met the objectives of the Economic Development Strategic Plan and made a positive impact in the downtown; and

WHEREAS, staff is recommending that the REAP program be recapitalized in the amount of $300,000 and the equipment loan program be capitalized in the amount of $200,000; and

WHEREAS, this funding will come from the Heart of Fairfield Economic Development Intergovernmental Fund.

Packet Page 453 of 765Attachment 1 Page 1 of 2

RES. NO. 2023-29

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Fairfield City CouncilFebruary 21, 2023

Fairfield City Council
February 21, 2023