41. With the exception of water meters and meter boxes, all water facilities on the site side of the reduced pressure backflow prevention device (including the backflow preventor) shall be privately maintained by the property owner.
Water utilities between the public water main and the first structure off the public main (water meter, double detector check valve) shall be maintained by the City.
42. Irrigation services shall be stubbed to all landscaped areas. Irrigation and electrical control wire sleeves shall be installed as needed. Coordinate with the project Landscape Architect. Sleeves shall be at least 12 inches below subgrade at street crossings.
43. A separate irrigation meter is recommended for projects with large landscaped areas. Project consultants need to consider the following factors in evaluating metering options:
A connection fee and meter and box fee are charged for each meter whether it is a domestic meter or an irrigation meter. These fees are paid as a part of the building permit fee.
Irrigation water which is separately metered from domestic water is billed at a lower rate than domestic water.
Bimonthly sewer charges are based on domestic water use. Irrigation water which is separately metered will lower sewer bills.
A "break-even" analysis should be conducted by project consultants to determine which is best:
Option 1
Install Separate
Irrigation Meter
Higher building permit fees, but lower bimonthly
water and sewer bills.
Option 2
Install Domestic
Water Meter Only
Lower building permit fees, but higher bimonthly
water and sewer bills.
Contact the Public Works Department for details.
Fire System:
44. The City of Fairfield Fire Department requires separate shop drawings submitted directly to the Fire Department for review. The Developer shall furnish and provide all necessary documents to the Fairfield Fire Department for their review and approval.
45. Fire hydrants may be required on-site. Proposed buildings will require fire sprinklers. Contact the Fire Department for details.
46. Show the size and location of proposed fire lines, hydrants, fire sprinkler risers and backflow prevention devices on the plan. Show the size and location of water mains and the proposed points of connection for fire lines.
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Edison RV Storage – 490 Edison Court
October 13, 2022
47. A backflow preventor is required on the fire line. An above grade double check detector check valve is required on lines which serve building fire sprinklers.
Specify the manufacturer, size and location of the fire line backflow preventor.
Sewer System:
48. In accordance with the City of Fairfield Standard Specifications, developer shall only be allowed one public sewer service connection for the proposed project.
Developer shall install one sewer cleanout at the back-of-sidewalk, along the public sewer service lateral.
49. Proposed sewer services, within the public right-of-way, shall be constructed per current City Standard Details and Specifications.
50. Show the size and location of existing and proposed sewer laterals and cleanouts on the site plan. Show the size and location of sewer mains and the proposed points of connection for sewer laterals.
51. Developer shall connect proposed sewer utilities to existing public infrastructure per current City Standards and Specifications. Service laterals for industrial or commercial developments shall be minimum six (6) inches. Service laterals eight (8) inches or larger shall require connection to existing public infrastructure via a City Standard sewer manhole, per City Standard Detail SS2, and may require connection to on-site private infrastructure via a manhole, in-lieu of a cleanout.
52. Existing services that are to remain unused shall be abandoned per City requirements.
Storm Drain System:
53. Developer shall connect proposed storm drainage utilities to existing public infrastructure per current City Standards and Specifications. Direct connections to public infrastructure shall not be allowed and connections shall only be at existing or proposed storm drain structures.
54. Storm drainage for the 15-year storm shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the proposed points of connection for the on-site storm drain system.
55. Grading and drainage shall be designed so that surplus drainage (above and beyond that of the 15-year storm) not collected in site catch basins, is directed overland so as not to jeopardize existing or proposed buildings with flooding.
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Edison RV Storage – 490 Edison Court
October 13, 2022
Parking Lot:
56. Drive aisles shall be a minimum of 24 feet wide.
57. Separate vehicle turnaround exhibits, using the appropriate design vehicle, shall be submitted as part of the Development Review showing adequate maneuverability of service truck, garbage truck and emergency vehicle ingress from the public right-of- way and on-site circulation. Vehicle circulation conflicts shall be evaluated. Exhibits shall demonstrate:
adequate garbage truck access and turnaround maneuverability to proposed trash enclosures
service truck accessibility to delivery areas and vehicle staging areas shall be identified on the exhibit
fire engine accessibility to proposed fire hydrants and building entrances Separate exhibits shall be prepared for each vehicle demonstrating the layout of internal streets allows adequate maneuverability.
58. The pavement section for the proposed parking lot shall be designed by a Geotechnical Engineer. The Public Works Department requires a minimum of 2 inches of asphalt concrete on 6 inches of aggregate base for light traffic areas. A minimum of 3.5 inches of asphalt concrete on 8 inches of aggregate base is required in areas where truck traffic is anticipated.
59. Parking lot construction shall be certified by design consultants. The project Geotechnical Engineer shall certify that "as-built" pavement sections and site compaction comply with the project Geotechnical Report and Site Plans.
60. The developer shall furnish a parking lot lighting, signing and striping plan.
Landscaping:
61. The project architect and engineer shall coordinate design closely with the project landscape designer. Specifically, they shall consult the landscape designer to evaluate and address issues related to:
Fencing/wall layout and details
Locations and sizes for irrigation services
Locations, depths and sizes for irrigation and control wire sleeves at driveways crossings
Sight distance constraints for fencing and landscaping Depth of cover and tree setbacks over water, sewer and storm drain lines in landscape areas
62. Landscaping and irrigation plans shall be designed to comply with the City's Water Efficient Landscaping Ordinance. Use of turf and other water intensive landscaping shall be minimized.
Right-of-Ways and Easements:
63. All property lines and easements shall be shown on the site plan.
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Edison RV Storage – 490 Edison Court
October 13, 2022
Miscellaneous:
64. All public improvements shall be designed and constructed to current City of Fairfield standards.
65. Existing public facilities damaged during the course of construction shall be repaired by the developer, at his sole expense, to the satisfaction of the City Engineer.
66. Prior to beginning construction of public improvements, the developer or his contractor shall obtain an encroachment permit from the City. The developer or his contractor shall furnish the necessary insurance, bonds and pay all fees associated with the encroachment permit. A field investigation fee shall be charged if any work within the right-of-way is performed either without or prior to securing an encroachment permit.
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of FAIJiJ:t
~~~
cl Jr rill; ~
EST. 1898
FIRE DEPT.
~~
FAIRFIELD
S--- •=~
~
MEMORA NDUM
FAIRFIELD FIRE DEPARTMENT
DATE: May 12, 2021
TO: Anna Noel, Community Development Department
FROM: Bryan Just, Fire Department
SUBJECT: MD2021-011, 490 Edison Court, FD, DART Comment A. Provide a fire department access plan.
B. Provide a description of operation to show the cross access intent with 4 75 Lopes Road. Formal cross access agreement on land deeds is required. Include the utility easement identifying the fire water service for 4 75 Lopes.
GENERAL NOTES for Reference:
Note: Fire pumps, stationary water supply, underground fire service, overhead fire sprinkler systems, fire alarm systems and gates crossing fire access are required to have separate plans and permits. All hood suppression, special monitoring system, clean agent, high pile storage, or the like shall be submitted for separate permit. The licensed contractor responsible for the design and installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.
1. Illuminated premises identification (building address) is required per 2019 CFC 505, and City of Fairfield Ordinance. Address and/or suite identification shall also be placed on the front and rear doors to individual suites. Multiple buildings in a complex with the same address shall identify the buildings separately with building signage visible from the main property entrance.
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2. Fire Control Rooms are required in all commercial buildings with fire sprinklers per City of Fairfield Ordinance. A Fire control room containing the fire sprinkler riser and the fire alarm control panel shall be provided. Access to the fire control room shall be from the exterior and identified with signage. The fire control room shall be a minimum of 5'x7'. Where a fire pump house is provided, the pump house shall be the fire control room. Fire control rooms, pump house and electrical rooms must be identified by signage.
3. Emergency Access Knox Box required at the fire control room, near front entrance and/or other areas as determined by the Fire Department. See Fire Prevention Standard #87-7.
4. Approved 20 foot wide, fire access roads must be provided within 150 feet from all portions of the building. Where the building is greater than 30 feet in height, Fire Access shall be designed and maintained including widths of 26 feet for Aerial Apparatus (Ladder Truck). Access to rescue windows, balconies and the building roof shall be considered as part of mature landscape design. Access shall be per 2019 CFC 503, 504, and Appendix D and Fairfield Fire Prevention Standard 87-27.
Provide fire department access plans showing compliance.
5. Signage identifying fire lanes is required on curbing adjacent to the buildings, fire hydrants, and fire sprinkler equipment as needed to provide clear access. See Fire Prevention Standard #92-40.
6. Gates and fencing on commercial properties shall be in compliance with the 2019 CBC, City of Fairfield ordinances and Fire Prevention Standard 95-44. All gates on commercial properties crossing fire access lanes shall be power operated and provided with Click-2-Enter and Knox key switches for emergency operations. Gates shall be placed in such a way to allow fire department apparatus to fully exit the roadway before/while operating the gates.
7. The number of fire hydrants to be determined by fire flow requirements per CFC Appendix B and C. If additional hydrants are necessary, they must be installed per Fire Prevention Standard #87-4. Additional hydrant(s) may be required to support the fire sprinkler system. Two city water connections are required when three on site hydrants are required. City hydrants shall be identified and used to meet the hydrant counts when possible.
8. Automatic sprinkler systems will be required for the proposed new buildings as specified in Section 903.2 of the California Fire Code and the City of Fairfield Ordinance 2016-24 and Fairfield Fire Prevention Standard 87-28. All commercial buildings greater than 5,000 square feet, and all new residential buildings shall install fire sprinkler systems. Installations shall comply with the National Fire Code Standards 13, 13D and 24 as applicable. Plans shall be submitted to the Fire Department directly for review and approval prior to issuance of any permits and 2 Packet Page 741 of 765Attachment 7 Page 28 of 45
performance of any inspections or tests. Fire flow report from the fire department is required for hydraulic calculation.
9. All fire alarm systems shall be provided in compliance with 2019 CFC, 2019 NFPA 72 Fairfield City Ordinance and Fairfield Fire Prevention Standard 17-3. All fire alarm systems shall be supervised by an approved UL central station service. Monitoring systems shall conform to NFC Standards 70, NFPA 72 and the California Fire Code.
The subcontractor responsible for the installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.
10. Provide Emergency Responder Radio Coverage per 2019 CFC section 510.
11. Provide one 2A-10-BC dry chemical fire extinguisher for every 3,000 square feet of floor area with a maximum travel distance not to exceed 75 feet.
12. Exterior storage is not permitted within 1 O feet of a commercial building or 1 O feet of the property line. Use of a commercial property for outdoor storage shall request a use permit from the city planning department.
13. Identify the use or storage of hazardous, toxic, flammable or corrosive materials on site that may require special construction or protection systems. Annual fire permits are applied to businesses containing materials or performing operations identified as having an increased hazard. Permits conform to 2019 CFC, City of Fairfield Ordinances, and Fairfield Fire Prevention Standards.
14. Comments made during the D.A.R.T and planning review process are preliminary in nature. Detailed comments may be made during the building permit and fire permit process.
[END]
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YOCHA DEHE
ClJLTURAL RFSOURCFS
Treatment Protocol for Handling Human Remains and Cultural Items Affiliated with the Y ocha Dehe Win tun Nation
The purpose of this Protocol is to formalize procedures for the treatment of Native American human remains, grave goods, ceremonial items, and items of cultural patrimony, in the event that any are found in conjunction with development, including archaeological studies, excavation, geotechnical investigations, grading, and any ground disturbing activity. This Protocol also formalizes procedures for Tribal monitoring during archaeological studies, grading, and ground-disturbing activities.
I. Cultural Affiliation
The Y ocha Dehe Win tun Nation ("Tribe") traditionally occupied lands in Yolo, Solano, Lake, Colusa and Napa Counties. The Tribe has designated its Cultural Resources Committee ("Committee") to act on the Tribe's behalf with respect to the provisions of this Protocol. Any human remains which are found in conjunction with Projects on lands culturally-affiliated with the Tribe shall be treated in accordance with Section III of this Protocol. Any other cultural resources shall be treated in accordance with Section IV of this Protocol.
II. Inadvertent Discovery of Native American Human Remains Whenever Native American human remains are found during the course of a Project, the determination of Most Likely Descendant ("MLD") under California Public Resources Code Section 5097.98 will be made by the Native American Heritage Commission ("NAHC") upon notification to the NAHC of the discovery of said remains at a Project site. If the location of the site and the history and prehistory of the area is culturally-affiliated with the Tribe, the NAHC contacts the Tribe; a Tribal member will be designated by the Tribe to consult with the landowner and/or project proponents.
Should the NAHC determine that a member of an Indian tribe other than Yocha Dehe Wintun Nation is the MLD, and the Tribe is in agreement with this determination, the terms of this Protocol relating to the treatment of such Native American human remains shall not be applicable; however, that situation is very unlikely.
III. Treatment of Native American Remains
In the event that Native American human remains are found during development of a Project and the Tribe or a member of the Tribe is determined to be MLD pursuant to Section II of this Protocol, the following provisions shall apply. The Medical Examiner shall immediately be notified, ground disturbing activities in that location shall cease and the Tribe shall be allowed, pursuant to California Public Resources Code Section 5097.98(a), to (1) inspect the site Yocha Dehe Wintun Nation
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YOCHA DEHE
CULTURAL RESOURCFS
of the discovery and (2) make determinations as to how the human remains and grave goods should be treated and disposed of with appropriate dignity.
The Tribe shall complete its inspection and make its MLD recommendation within forty- eight ( 48) hours of getting access to the site. The Tribe shall have the final determination as to the disposition and treatment of human remains and grave goods. Said determination may include avoidance of the human remains, reburial on-site, or reburial on tribal or other lands that will not be disturbed in the future.
The Tribe may wish to rebury said human remains and grave goods or ceremonial and cultural items on or near the site of their discovery, in an area which will not be subject to future disturbances over a prolonged period of time. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code Sections 5097.98(a) and (b).
The term "human remains" encompasses more than human bones because the Tribe's traditions call for the burial of associated cultural items with the deceased (funerary objects), and/or the ceremonial burning of Native American human remains, funerary objects, grave goods and animals. Ashes, soils and other remnants of these burning ceremonies, as well as associated funerary objects and unassociated funerary objects buried with or found near the Native American remains are to be treated in the same manner as bones or bone fragments that remain intact.
IV. Non-Disclosure of Location of Reburials
Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. The Medical Examiner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r). The Tribe will require that the location for reburial is recorded with the California Historic Resources Inventory System ("CHRIS") on a form that is acceptable to the CHRIS center. The Tribe may also suggest that the landowner enter into an agreement regarding the confidentiality of site information that will run with title on the property.
V. Treatment of Cultural Resources
Treatment of all cultural items, including ceremonial items and archeological items will reflect the religious beliefs, customs, and practices of the Tribe. All cultural items, including ceremonial items and archeological items, which may be found at a Project site should be turned over to the Tribe for appropriate treatment, unless otherwise ordered by a court or agency of competent jurisdiction. The Project Proponent should waive any and all claims to ownership of Yocha Dehe Wintun Nation
PO Box 7 8 Brooks, California 95 6 0 6 p) 530.796.3400 () 530.796.2 7 43 www.yochadehe.org Packet Page 744 of 765Attachment 7 Page 31 of 45
YOCHA DEHE
CULTURAL RFSOURCES
Tribal ceremonial and cultural items, including archeological items, which may be found on a Project site in favor of the Tribe. If any intermediary, (for example, an archaeologist retained by the Project Proponent) is necessary, said entity or individual shall not possess those items for longer than is reasonably necessary, as determined solely by the Tribe.
VI. Inadvertent Discoveries
If additional significant sites or sites not identified as significant in a Project environmental review process, but later determined to be significant, are located within a Project impact area, such sites will be subjected to further archeological and cultural significance evaluation by the Project Proponent, the Lead Agency, and the Tribe to determine if additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources. If there are human remains present that have been identified as Native American, all work will cease for a period of up to 30 days in accordance with Federal Law.
VII I. W ork Statem ent fo r T ribal M onitors
The description of work for Tribal monitors of the grading and ground disturbing operations at the development site is attached hereto as Addendum I and incorporated herein by reference.
Yocha Dehe Wintun Nation
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YOCHA DEHE
CULTURAL RFSOURCF.5
ADDENDUM I
Yocha Dehe Winton Nation
Tribal Monitors
Description of Work and Treatment Protocol
I. Preferred Treatment
The preferred protocol upon the discovery of Native American human remains is to (I) secure the area, (2) cover any exposed human remains or other cultural items, and (3) avoid further disturbances in the area.
II. Comportment
All parties to the action are strongly advised to treat the remains with appropriate dignity, as provided in Public Resource Code Section 5097.98. We further recommend that all parties to the action treat tribal representatives and the event itself with appropriate respect. For example, jokes and antics pertaining to the remains or other inappropriate behavior are ill advised.
III. Excavation Methods
If, after the Y ocha Dehe Tribal representative has been granted access to the site and it is determined that avoidance is not feasible, an examination of the human remains will be conducted to confirm they are human and to determine the position, posture, and orientation of the remains. At this point, we recommend the following procedures:
(A) Tools. All excavation in the vicinity of the human remains will be conducted using fine hand tools and fine brushes to sweep loose dirt free from the exposure. (B) Extent of Exposure. In order to determine the nature and extent of the grave and its contents, controlled excavation should extend to a full buffer zone around the perimeter of the remains.
(C) Perimeter Balk. To initiate the exposure, a perimeter balk ( especially, a shallow trench) should be excavated, representing a reasonable buffer a minimum of 10 cm around the maximum extent of the known skeletal remains, with attention to counter- intuitive discoveries or unanticipated finds relating to this or other remains. The dirt from the perimeter balk should be bucketed, distinctly labeled, and screened for cultural materials.
(D) Exposure Methods. Excavation should then proceed inward from the walls of the balk as well as downward from the surface of the exposure. Loose dirt should be scooped out and brushed off into a dustpan or other collective device. Considerable care should be Yocha Dehe Wintun Nation
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Y O C H A D E H E
CULTURAL RESOURCFS
given to ensure that human remains are not further impacted by the process of excavation.
(E) Provenience. Buckets, collection bags, notes, and tags should be fully labeled per provenience, and a distinction should be made between samples collected from: ( 1) Perimeter Balk (described above), (2) Exposure (dirt removed in exposing the exterior/burial plan and associations, and (3) Matrix (dirt from the interstices between bones or associations). Thus, each burial may have three bags, "Burial 1 Perimeter Balk," "Burial 1 Exposure Balk," "Burial 1 Matrix."
Please note the provisions below with respect to handling and conveyance of records and samples.
(F) Records. The following records should be compiled in the field: (1) a detailed scale drawing of the burial, including the provenience of and full for all human remains, associated artifacts, and the configuration of all associated phenomena such as burial pits, evidence for preinterment grave pit burning, soil variability, and intrusive disturbance, (2) complete a formal burial record using the consultants proprietary form or other standard form providing information on site #, unit or other proveniences, level depth, depth and location of the burial from a fixed datum, workers, date(s), artifact list, skeletal inventory, and other pertinent observations, (3) crew chief and worker field notes that may supplement or supercede information contained in the burial recording form, and (4) photographs, including either or standard photography or high-quality ( 400-500 DPI or 10 MP recommended) digital imaging.
(G) Stipulations for Acquisition and Use o(lmagery. Photographs and images may be used only for showing location or configuration of questionable formation or for the position of the skeleton. They are not to be duplicated for publication unless a written release is obtained from the Tribe.
(H) Association. Association between the remains and other cultural materials should be determined in the field in consultation with an authorized Tribal representative, and may be amended per laboratory findings. Records of provenience and sample labels should be adequate to determine association or degree of likelihood of association of human remains and other cultural materials.
(I) Samples. For each burial, all Perimeter Balk soil is to be 1/8"-screened. All Exposure soil is to be 1/8" -screened, and a minimum of one 5-gallon bucket of excavated but unscreened Exposure soil is to be collected, placed in a plastic garbage bag in the bucket. All Matrix soil is to be carefully excavated, screened as appropriate, and then collected in plastic bags placed in 5-gallon buckets.
Yocha Dehe Wintun Nation
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YOCHA DEHE
CUITURAL RFSOURCFS
(J) Human remains are not to be cleaned in the field.
(K) Blessings. Prior to any physical action related to human remains, a designated tribal representative will conduct prayers and blessings over the remains. The archaeological consultant will be responsible for insuring that individuals and tools involved in the action are available for traditional blessings and prayers, as necessary.
IV. Lab Procedures
No laboratory studies are permitted without consultation with the tribe. Lab methods are determined on a project-specific basis in consultation with Yocha Dehe Wintun Nation representatives. The following procedures are recommended:
(A) Responsibility. The primary archaeological consultant will be responsible for insuring that all lab procedures follow stipulations made by the Tribe. (B) Blessings. Prior to any laboratory activities related to the remains, a designated tribal representative will conduct prayers and blessings over the remains. The archaeological consultant will be responsible for insuring that individuals and tools involved in the action are available for traditional blessings and prayers, as necessary. (C) Physical Proximity of Associations. To the extent possible, all remains, associations, samples, and original records are to be kept together throughout the laboratory process. In particular, Matrix dirt is to be kept in buckets and will accompany the remains to the lab.
The primary archaeological consultant will be responsible for copying all field records and images, and insuring that the original notes and records accompany the remains throughout the process.
(E) Additional Lab Finds. Laboratory study should be done making every effort to identify unanticipated finds or materials missed in the field, such as objects encased in dirt or human remains misidentified as faunal remains in the field. In the event of discovery of additional remains, materials, and other associations the tribal representatives are to be contacted immediately.
V. Re-internment without Further Disturbance
No laboratory studies are permitted on human remains and funerary objects. The preferred treatment preference for exhumed Native American human remains is reburial in an area not subject to further disturbance. Any objects associated with remains will be reinterred with the remains.
Yocha Dehe Wintun Nation
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YOCHA DEHE
Cut TURAL RESOURfTS
VI. Curation of Recovered Materials
Should all, or a sample, of any archaeological materials collected during the data recovery activities - with the exception of Human Remains - need to be curated, an inventory and location information of the curation facility shall be given to tribe for our records.
Yocha Dehe Wintun Nation
PO Box 18 Brooks, California 95606 p) 530.796.3400 () 530.196.2143 www.yochadehe.org Packet Page 749 of 765Attachment 7 Page 36 of 45
E X H IB IT B
CITY HALL, CIVIC CENTER
1000 WEBSTER ST
FAIRFIELD, CA 94533
USE PERMIT
2021-002
STORAGEPRO OF FAIRFIELD, LLC is hereby granted a Use Permit (UP2021-002) to allow the establishment of Recreational Vehicle Storage in the Limited Industrial (IL) Zoning District on the property at 490 Edison Court, Fairfield (APN: 0180-130-110) under the provisions of Section
25.40.6 of the Zoning Ordinance.
The following findings meet the requirements of Section 25.40.6 of the Zoning Ordinance fo r the grant of Use Permit:
1. The location, size, design, operating characteristics, and intensity of the pro posed use are compatible with the existing and anticipated future land uses in the vicinity. The proposed vehicle storage is appropriate for the IL zoning designation and will opera te in tandem with the adjacent mini-storage facility.
2. The proposed use is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan. The use is consistent with the applicable General Plan and Zoning designations and all applicable Genera l Plan policies.
3. Any potentially significant negative impacts on environmental quality and natural resources have been properly screened out. For this reason, the proposed Conditional Use Permit complies with the Californ ia Environmental Quality Act (CEQA ). The proposed project has been determined to be categorically exempt under CEQA Guidelines Section 15332. In-fill development projects, pursuant to Section 21083, Public Resources Code.
4. Adequate facilities, such as roads, utilities, and City services are pro vided to serve the user, or will be provided as conditions of approval for the Use Permit. All infra structure and utilities exist for available connection in Edison Court.
5. The pro posed use will not create either an imbalance or an overabundance of sim ilar uses in the vicinity. The proposed use will not create an overa bundance of similar recreational vehicle storage uses in the vicinity.
6. The proposal will not constitute a nuisance or be detrimental to the health, safety, morals, peace, or the general welfare of the surro unding neighborhood and the City. The conditions and limitations on the use identified in the Conditions of the Use Permit will ensure that the use does not bear an adverse effect on the surro unding neighborhood.
The proposed use will not create a nuisance or negatively impact the surrounding area.
Operational and property maintenance conditions have been incorporated into the Use Permit to ensure the project will not bear adverse impacts.
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T h is gran t is m a d e pu rsu a n t to the ap p licatio n of STO RA G EP R O O F FA IR FIEL D , LLC on file in the D e p a rt m e n t o f C om m u nity Deve lo p m e nt, an d is subject to com plian ce w ith the fo llow ing co n d itio n s:
1. O p e ration of the Recreational Vehicle Storage sh all be sub stantially in accord w ith the pe tition fo r U se Pe rm it an d plan s title d , "Ed ison RV Bo at Sto rage," as prep ared by Stark D e sig n A rch ite ctu re dated "R e ce ived , A u g ust 11 , 2021" except as m od ifi ed by conditions state d he re in ; an d
2. T h e site sh a ll be dilig e n tly m a in tain e d . A ny loo se trash or de b ris shall be rem o ved fr om the site da ily ; an d
3 . Re cre atio n a l veh icl e parkin g sh all on ly be fo r sto rag e pu rposes. Vehicl e sales or m a in te n a n ce of an y kin d sha ll no t be pe rm itted ; an d 4 . Re cre atio n a l ve h icl e s stored on site sh a ll be in an op e rable condition ; an d 5 . Re cre atio n a l ve h icl e s m ay no t rele ase hazard ou s m aterials onto the site; an d 6 . C o m plia n ce w ith th e IL (Li m ited In d u strial) zon in g pro visions that are ap p licable to this site; an d
7 . C o m plia n ce w ith th e co n d itio n s of th e Pu blic W orks Dep artm e nt as co ntain e d in the att a ch e d M em oran dum dated Ju n e 29 , 202 2 ; and 8 . C o m plia n ce w ith th e co n d itio n s of th e Fire De partm e nt as co ntain ed in the att ached M e m o ran dum date d M ay 12, 202 1; an d
9 . O p e ration of th e use sh a ll be in co m plia n ce w ith all State and C ity Codes; an d 10 . T h e U se pe rm it sh a ll be o btain e d an d sh a ll be co ntin u ally exe rcised in such a m anner that th e fo llo w in g con ditio n s are fully co m plie d w ith :
a. T he U se Pe rm it w as o btain e d w ith out fr aud or m isrepresentation; and b . T h e U se Pe rm it has be e n exercise d by the person (s) granted the Use Pe rm it or his re p re se ntativ e, su ccesso rs, o r assig ne e s, in com pliance w ith the co n d itions of appro val, an d in accord a n ce w ith an y statute, o rd in ance, law , or regulation no t excused by the Pe rm it; an d
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c. The Use Permit is being or has been exercised in a manner w hich is not to be detrimental to the public health, safety, and general w elfa re or so as not to constitute a nuisance.
11. STORAGEPRO OF FAIRFIELD, LLC, and property owner(s), and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents, and employees (collectively "lndemnitees") from and against any and all claims, actions, lawsuits, damages, losses, and liabilities arising or resulting from the granting of this permit by the City, the performance of the use authorized by this permit or the exercise of the rights granted by this permit. This indemnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the lndemnitees in connection with any such claims, actions, or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. The City shall promptly notify STORAGEPRO OF FAIRFIELD, LLC and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. In the event such legal action is filed, the City shall estimate its expenses for litigation. STORAGEPRO OF FAIRFIEL D, LLC, or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due.
STORAGEPRO OF FAIRFIELD, LLC and property owners shall reimburse the City and each of the lndemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.
Approved by the action of the City of Fairfield on the ist day of August, 2022 (the effective date of permit).
The Use Permit is automatically revoked and terminated unless used within twenty-four (24) months from the date of approval.
hairperson
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CIT Y O F FA IR FIEL D
PLA N N IN G C O M M IS SIO N
M IN U T ES
OCTOBER 26, 2022
REGULAR MEETING
6:00 P.M.
I. ROLL CALL
Present: Chairperson CHILDS, Jerome
Commissioner GREVE, Don
Commissioner MATT HEW S, 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 Commissioner Evans.
Ill. INFORMATION ON SPEAKER CARDS
IV. APPROVAL OF AGENDA
Commissioner Evans made a motion to approve the agenda as submitted. The motion was seco nded by Commissioner Paul. The motion was approved unanimously by roll call vote.
V. APPROVAL OF MINUTES OF OCTOBER 12, 2022
Commissioner Werblin motioned to approve the Minutes for the Planning Commission's October 12, 2022, meeting. The motion was seconded by Commissioner Paul. The motion was approved unanimously by roll call vote, with Vice-Chairperson Cruzen and Commissioner Evans abstaining.
VI. PUBLIC COMMENTS
No persons spoke during public comments.
S:\Planning\PC Meetings\Minutes\2022\2022-10-26 PC Minutes.docx
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V II . S C H E D U L E D M A TT E R S
IT E M A A P P E A L O F M IN O R D E V EL O P M E N T C O N D IT IO N S O F A P P R O V A L A N D U S E
P E R M IT F O R E D IS O N R V S T O R A G E
RESOLU TION PC2022-12
RESOLUTION OF THE FAIRFIEL D PLANNING COMM ISSION DENYING AN APPEAL BY STEVE
MIRABITO/STORAGEPRO OF FAIRFIELD , LLC AND UPHOLDING THE DECISION OF THE ZONING
ADMINISTRATOR TO APPROVE A MINOR DEVEL OPMENT REVIEW, USE PER MIT, AND ENVIRONM ENTAL REVIEW FO R A RECREATIONAL VEHICLE STORAGE FACILITY, WITH THE CAPACITY FO R 13 8 VEHICLES, AND SOLAR CARPORTS ON A ±4.21-ACRE PARCEL AT 490 ED ISON COURT (APN: 0180-13 0-110 ) Interim Planning Division Manager Meily Sheehan made a presentation on the item and answered questions.
No person spoke during the public comment period.
Commissioner Werblin motioned to approve Resolution PC2022-12; the motion was seco nded by Commissioner Evans. The motion was approved unanimously by roll call vote.
VIII. INFORMATION AND COMMUNICATIONS
ITEM A DIRECTOR'S REPORT AND COMMISSIONER'S COMMENTS
Ms. Sheehan pro vided an update on upco ming agenda items and the new Senior Planner Tendai Mtunga.
Commissioner Matthews requested info rmation on hom eless shelters in the city. Ms. Sheehan agreed to gather info rmation and present it to the comm ission on a future date.
IX. ADJOURNMENT TO NEXT MEETING OF NOVEMBER 9, 2022
Respectfully submitted,
L
Planning Commission Secretary
S:\Planning\PC Meetings\Minutes\2022\2022-10-26 PC Minutes.docx Community Development Department
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STAFF REPORT
Meeting
Date:
To:
From:
Subject:
October 26, 2022
Chairperson and Members of the Planning Commission
Community Development Department
ITEM A: APPEAL OF MINOR DEVELOPMENT CONDITIONS OF APPROVAL
AND USE PERMIT FOR EDISON RV STORAGE
Resolution No. PC2022 -12
Appeal (APP2022-001)
Minor Development Review (MD2021-011)
Use Permit (UP2021-002)
Environmental Review (ER2021-009)
Location: 490 Edison Court (APN: 0180-130-110)
Applicant: Steve Mirabito/StoragePro at Fairfield, LLC
Owner: StoragePRO of Fairfield, LLC
Public hearing to review modified Minor Development Conditions of Approval for Edison RV Storage, a project to construct a recreational vehicle storage facility with the capacity for 138 vehicles, and solar carports on a ±4.21-acre parcel at 490 Edison Court (APN: 0180-130-110). The proposed project has been determined to be categorically exempt under CEQA Guidelines Section 15332. In-fill development projects, pursuant to Section 21083, Public Resources Code. (Planner: Meily M Sheehan, 707-428-7474, [email protected])
SITE INFORMATION
A .
B .
C.
Location: 490 Edison Court (APN: 0180-130-110)
Parcel Size: 4.21-acres
Zoning and Land Use: Zoning Land Use
Project Site:
North:
South:
East:
West:
IL (Limited Industrial)
IL (Limited Industrial)
OSC (Open Space Conservation)
IL (Limited Industrial)
IL (Limited Industrial)
Vacant
Multi-tenant industrial
Jameson Canyon Creek
Self-storage
Multi-tenant industrial
C ity of Fairfield
C om m u nity D evelopm en t Dep artm en t
Prepared by: M
Reviewed by: M S
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D. General Plan Designations:
Project Site:
North:
South:
East:
West:
IL (Limited Industrial)
IL (Limited Industrial)
OSC (Open Space Conservation)
IL (Limited Industrial)
IL (Limited Industrial)
E. Site Characteristics/Special Features:
The ±4.21-acre site is located at the end of Edison Court, west of Interstate 680 with industrial and service commercial uses to the east and north. Jameson Canyon Creek runs along the southern property line. The site is relatively flat, regularly disked, and biologically unremarkable.
BACKGROUND INFORMATION
Minor Development Review, Conditional Use Permit, and Environmental Review applications were received by the Planning Division on April 7, 2021, for the project. The project's environmental review was an extended process due to stormwater design challenges with the adjacent Jameson Canyon Creek. After careful consideration and coordination between City staff and the applicant team, all impacts on the Creek were avoided and the project could proceed forward under a California Environmental Quality Act (CEQA) exemption.
On June 13, 2022, a public Zoning Administrator hearing for the project was held. The applicant team was present, and no further members of the public attended. During the hearing, the applicant raised concerns about several of the project conditions of approval. To provide more time for City staff and the applicant to discuss the conditions, the hearing was continued, and no formal action was taken. Over the next six weeks, staff coordinated with the applicant to address concerns regarding the conditions of the required trash enclosure, the Edison Court Street moratorium, the proposed stormwater system, and the proposed stormwater detention.
On June 20, 2022, City staff met with the applicant and provided clarifications on the street moratorium, stormwater systems, and stormwater detention conditions to the applicant's satisfaction. Further discussions were had regarding the trash enclosure signage and dimension conditions. The applicant expressed concerns that the conditions would attract people to dump large objects and excess waste into the trash enclosure, placing an undue burden on the business.
Additionally, the applicant voiced their opinion that the business is not obligated to provide waste containers for their customers and offered considerations that the trash enclosure would remain locked to restrict access and avoid unwanted waste.
In a good faith effort to address the applicant's concerns, staff revised the signage condition to provide the applicant flexibility on the operations of the trash enclosure while ensuring the intent of proper waste management remained, as required by Article VI, Chapter 9, of the Municipal PC ITEM NO.: A
PC FILE NO.: APP2022-001 I MD2021-011 I UP2021-002 I ER2021-009 S:\Planning\PC Meetings\PC-2022\22-10-26\ltem A Edison RV Storage Appeal\1. PC Report_101822.DOCX PC DATE: 10/26/22
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C o d e . T h e p u b lic h e a rin g w a s co n tin u e d to A u g u st 1, 2 0 2 2 , w h e re th e m o d ifi e d co n d itio n s of a p p ro v a l w e re p re se n te d , p u b lic co m m e n ts w e re re c e iv e d , an d an ap p ro v a l actio n o n th e p ro je ct w a s m a d e b y th e Z o n in g A d m in istra to r.
O n A u g u st 2 3 , 2 0 2 2 , th e ap p lic a n t file d an ap p e a l o f th e Zo n in g A d m in istrato r's ap p ro val, re q u e s tin g th e P la n n in g C o m m issio n re co n sid e r th e co n d itio n s re g a rd in g 1) sig n a g e th a t state s c u s to m e rs sh a ll h a v e ac ce ss to w a ste re ce p ta cl e s/ca rts fo r w a ste d isp o sa l; 2 ) p ro v id in g tw o cu b ic y a rd c o n ta in e rs fo r w a s te an d re cy cl in g w ith in th e tra sh en cl o su re ; 3 ) th e C ity 's in d e m n ifi catio n cl a u se [w h ic h is co n d itio n e d in b o th th e M in o r D e v e lo p m e n t C o n d itio n s o f A p p ro v a l an d th e U se P e rm it].
A t its m e e tin g o n O cto b e r 12 , 2 0 2 2 , th e P la n n in g C o m m issio n pa rt ia lly ap p ro v e d th e ap p e a l re q u e s t to m o d ify th e E d iso n R V Sto ra g e p ro je ct M in o r D e v e lo p m e n t C o n d itio n s o f A p p ro va l. In c o n sid e rin g th e a p p e a l, th e co m m issio n d e lib e rate d o n th e p ro je ct's site d e v e lo p m e n t, o p e ratin g c h a ra c te ristic s , a n d in te n sity . T h e co m m issio n co n cl u d e d th a t th e size o f th e trash en cl o su re sh o u ld b e re d u c e d a n d m o tio n e d to m o d ify th e co n d itio n s o f ap p ro va l w ith a 4 -1 -2 vo te .
P R O JE C T D E S C R IP T IO N
T h e p ro je ct p ro p o sa l is a re c re a tio n a l ve h icl e (R V ) sto ra g e fa cility w ith co ve re d ca rp o rt stru ctu re s a n d asso c ia te d s ite u tilitie s a n d in fr a stru ctu re im p ro v e m e n ts. T h e p ro je ct co n sists o f 13 2 co ve re d p a rk in g sta lls a n d a n ad d itio n a l 6 u n co v e re d p a rk in g sta lls. T h e p ro je ct, as p ro p o se d an d c o n d itio n e d , m e e ts a ll re q u ire d C ity d e v e lo p m e n t re g u la tio n s. G re a te r d e ta ile d in fo rm atio n o n th e p ro je ct ca n b e re v ie w e d in th e att a c h e d Sta ff R e p o rt fr o m th e O cto b e r 12 , 20 2 2 , Pla n n in g C o m m issio n m e e tin g .
A N A LY S IS FO R P LA N N IN G C O M M IS S IO N
A n a ly sis o f th e p ro je ct's G e n e ra l P la n C o n siste n c y, D e ve lo p m e n t R e v ie w , U se Pe rm it, an d En v iro n m e n ta l R e v ie w c a n b e re v ie w e d in th e atta ch e d Sta ff R e p o rt fr o m th e O cto b e r 12 , 20 2 2 , P la n n in g C o m m issio n m e e tin g .
A. Summary of Conditions of Approval Modification: At the direction of the Planning Commission, condition #12 of the Public Works Department Condition of Development has been modified to reduce the required trash enclosure dimensions. The original condition required a minimum 18-foot by 9-foot enclosure footprint, consistent with 'Sample Diagram EN2' of the City's Trash, Recycling, and Organics Enclosure Guidelines. The revised condition states a minimum 13-foot by 8-foot enclosure footprint, consistent with 'Sample Diagram ENl' of the City's Trash, Recycling, and Organics Enclosure Guidelines, is required.
B. Correspondence: A public hearing notice was published in the Daily Republic newspaper on October 2, 2022, mailed to all persons who own property within 500 feet of the subject property and posted on site. A public hearing was held at the October 12, 2022, Planning Commission meeting, where a motion was made and passed to modify the project conditions, PC ITEM NO.: A
PC FILE NO.: APP2022-001 I MD2021-011 I UP2021-002 I ER2021-009 S:\Planning\PC Meetings\PC-2022\22-10-26\ltem A Edison RV Storage Appeal\l. PC Report_101822.DOCX PC DATE: 10/26/22
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and the requirement for a revised resolution was announced. The city has received no questions or comments regarding this proposal at the time of this writing.
RE COMMENDATION
Staff recommends that the Planning Commission uphold the Zoning Administrator's decision to approve Minor Development Review (MD2021-011 ) and Use Permit (UP2021-002) to develop an RV Storage Facility at 490 Edison Court and partially grant an Appeal (APP2022-001} to modify the project's conditions of approval and adopt Resolution PC2022-12.
Attachments:
1. Planning Commission Resolution PC2022-12
• Exhibit A: Minor Development Review Conditions of Approval (MD2021-011 ) • Exhibit B: Use Permit (UP2021-002)
2. Staff Report from the Planning Commission meeting of October 12, 2022 PC ITEM NO.: A
PC FILE NO.: APP2022-001 I MD2021-011 I UP2021-002 I ER2021-009 S:\Planning\PC Meetings\PC-2022\22-10-26\ltem A Edison RV Storage Appeal\1. PC Report_101822.DOCX PC DATE: 10/26/22
PAGE4
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FffiwL^l-rFAIRFIELDCITY OF FAIRFIELDAPPEAL FORMCommunity D evelopment D epartmentRECEIVEDDEC 2 9 2022CITY OF FAiRFIELDCOMMUNITY DEVELOPMENIison RV StoraPROJECT NAMEPROJECT LOCATION (ADDRESS)Edison [email protected] ADDinor DevelopmentReview and Use Permit No.2021-02TYPE OF P(92s)746-8482(41s) 916-30s7a Dean6nut CreekCITY676 N. California Blvd., Suite 620Any party aggrieved or affected by a decision or determination in the administration of the Zoning orrnuV ht" an Jp-peal within fourteen (14) business days of the decision using this form. Appeals, addressed inFairfield City Code, are subject to the following:1. Appeals of actions by City Staff or the Zoning Administration are heard by the Planning Commission.j Rppeats of the Planning commission actions are heard by the city council']' Rn appeal should be based on either an alleged error by staff, or the Planning Commission in interpreting or applying the"' zoning or subdivision ordinance, or an adverse impact or effect caused wholly or in part by the decision or determination'4. All proceedings on the action being appealed shall be stayed during the appeal process'S. Upon hearing the appeal, the planning Commission or the City Council may either wholly or partially affirm, change ormodify, or reverse the appealed decision or determination upon making findings justifying and supporting the action'To file an appeal, complete this form and file it with the applicable fee to the Community Development Department, 1000 Websterstreet, Room 200, Fairfield, cA 94533, no later than fourteen (14) business days after the decision (postmarks are acceptable')Subdivision OrdinanceSection 25.34 of theYou will be notified in writing of the hearing dates for your appealThe decision or determination requested for appeal was made by (check one)I city stanA Planning Commissionon the date ofber 26,2022Describe the decision or determination being appealed. lf applicable, be sure to include the type of application, and the name andaddress of the project in General lnformation above.List the specific element(s) of the above decision or determination which aresubject to this appeal. Attach additional sheets ifnecessary.appealstheOctober26,2022Pnntn9CommtssrondecisiondenyingEdisonRVStorageappeaoftheZoninItnistrator'sdecisononEdtsonRVStorage'sapplicationforMinoDevelopmentReviewandUsePermitNo2021-02forreationalVehIcleStoraat490EdsonCouft,Farfield(MD2021-011UP2021-002;ER2O21-0oe).TheZontngAdmtnistratorgeDeConditionsofntedtheapprovasubjecttocompliancewithConditionofApprovaandPublcWorkspartmentlopment,ePROpealsSpecialCondition11(c)(ii)oftheConditionsofApprovalwhchrequtresStoragePROtoprovide"signageapIoftnwastenddebfls.ilStoragePROa5oItenants/customershaveaccesstotrashreceptacIes/cartsforthedisposamoraConditio3.7oftheConditionsofApprovalandSection9oftheUsePermitNo2021-02,whichrequlreStoragePROtoppea5nndemnifytheCityforanyclaimsansn9outofthisapproval.FrnalyStoragePRO12t1hllvent,whchrequrresStoragePROtoprovidea3byBfoottrasenclosure.appealsConditionofheConditionsofJUNE 2014APPEAL FORMFORM CD-FM-08Packet Page 759 of 765Attachment 8 Page 1 of 7
FAIRFIELDCITY OF FAIRFIELDAPPEAL FORMCommunity Development DepartmentExptnhowaggrievedoradverselyaffectedbythedecistonordeterminationforeachoftheelementsdescribedonPageLyouarendspecificallystatethereason(s)hyitshouldbechanged,modifi€d,orreversedDescribenyerror(s)youbelievestaffortheaPlanntComsslmadenmakingthedecisionordetermtnation,citingtheappicableCityCodesection(s)ifappropriate.Beasncmonnclsandthoroughpossible.TheinformationcontainedhereInshabethebastsformakingadecistonontheappealAttachcoeasadditional sheets aslease see supplement attached.was the information contained in your argument made known to city staff or the Planning commission at the public hearing or inwritten correspondence prior to, or at, the public hearing? (check one)E ruo P Yes. lf Yes, Please exPlain'What is your relationship to the item being appealed? (check one)12/29/2022OtherProject proponentDATENeighborXEl Concerned CitizenAPPELLANTSIGNATUREJUNE 2014APPEAL FORMFORM CD-FM.O8Packet Page 760 of 765Attachment 8 Page 2 of 7
DANA DEANCOUNSELDTRECT DIAL (925) 746-8482DIRECT FAX (925) 746-8490E-MAIL [email protected] 29,2022VIA HAND DELIVERY ANDELECTRONIC MAILMayor MoyCity CouncilCity of Fairfield1000 Webster StreetFairfield, California, 94533cmoy@fairfield. ca. govpbe rtan i @fai rf ield. ca. g ovdcarr@fairfield. ca.oovd pand u ro @fai rf ield. ca. govston nese n @fai rf ield. ca. [email protected] I I iams@fairfield. ca. govcityclerk@fairfield. ca. govReHanson Bridgett LLP1676 N. California Blvd., Suite 620, Walnut Creek, CA 94596@ HansonBridgettRECEIVEDDEC 21 2022,'ril;\fi'Eilf''Fil".*jtDAppeal of Planning Commission's Decision on Minor Development Review andUse Permit No. 2021-02 for Edison RV Storage 490 Edison courtDear Mayor Moy and Honorable Councilmembers:This letter serves as a supplement to the appeal to the City Council of the PlanningCommission's decision on'Minor Development Conditions of Approval and Use Permit No.2021-e2for Edison RecreationalVehicle Storage 490 Edison Court (MD2021-011;UP2A21-002;ER2021-O0g) submitted concurrently. Hanson Bridgett LLP submits this appeal on behalf of theappellant and applicant StoragePnO. Rs detailed below, StoragePRO will be damaged by theunduly burdensome conditioni imposed on Use Permit No. 2021-02 and asks the City Councilto remove these burdensome conditions.On August 1,2022, the Zoning Administrator granted Use Permit No. 2021-02 following MinorDeveljpmeni Review along with modified Conditions of Approval and Development Conditions.StoragepRO appealed the2oning Administrator's decision to the Planning Commission forseveral reasons. First, Special Condition 1.1(c)(ii) requiring signage allowing tenants andcustomers access to trash receptacles for the disposal of waste and debris generated offsite isunreasonable, in violation of fairfietd Municipal Code section 25.40.4.C, and should beremoved. Second, StoragePRO appealed Condition 12 of the Conditions of Developmentrequi1ng a trash enclosuie in excess of the size needed for StoragePRo's operations. Third'StorageFRO appealed Condition 31 of the Conditions of Approval and Section 9 of the Usepermit No. 2021-02, which require StoragePRO to indemnify the City fully for any claims arisingout of this approval.hansonbridgett.com1 9233509.1Packet Page 761 of 765Attachment 8 Page 3 of 7
Mayor Moy and City CouncilDecember 29,2022Page 2The planning Commission first heard the appeal on October 12,2022. At hearing, theCommission determined to modify the trash enclosure requirement but denied the request toremove the unreasonable and unprecedented sign requirement. On October 26,2022,hheplanning Commission held an improper second hearing and approved the modified MinorDevelopiment Conditions of Approvai. After that, StoragePRO did not receive a copy of thesigned and executed Resolution until December 7 , 2022. As of the date of this letter,SiorageenO has still not received written notice of the Planning Commission's decision by mail,as required by the Code.1A. The Condition Requiring Signage lnviting Gustomers to Dispose of Wasteand Debris on the Site Should be Removed Because it is OverlyBurdensome, is Not Required of Other Uses, and Will Harm StoragePROSpecial Condition 1.1(c)(ii) of the Conditions of Approval, which requires StoragePRO to provide"[s]ignage stating tenantsicustomers have access to trash receptacles/carts for the disposal ofminor waste and debris," adversely affects StoragePRO because it would require StoragePROto take on a burden that far exceeds what is appropriate for the use. This condition grantsunfettered access to customers. The condition creates a potential nuisance and conflict withStoragePRO's ability to maintain a clean, safe, and secure storage environment.Storage is a permitted use in the limited industrial zone, meaning it can be approved throughminoidevelopment review.2 When conducting minor development review, the City is onlyallowed to impose reasonable conditions on the project.3 The Planning Commission erred byimposing unreasonable conditions on the project, to the detriment of StoragePRO.First, the signage requirement will encourage those entering or accessing the property todispose of itt t/pes of waste in those containers, including hazardous and other wastes that arenoi permitteO on the site, and are not connected to any operations permitted at the site'Next, since the proposed use involves recreational vehicle storage only, the signage will tend toencourage invitees to dispose of imported waste, which is generated offsite, at the storagefacility, t6us increasing the burdens on StoragePRO beyond what is needed for the intendedand approved use anJ', importantly, increasing the risk to the health and safety of the inviteesand the community at large. This violates Fairfield Municipal Code section 9'230, which onlyrequires publicly patronized establishments to provide adequate containers for solid wastegenerated as a- result of the patronization of such establishmenfs. Because very little waste isienerated as result of simple vehicle storage, the Special Condition goes well beyond thisrequirement.1 This appeal is filed within 14 business days of the date that StoragePRO received a copy ofthe corrected, signed, and executed Resolution which was, only after multiple requestsregarding statuslnd the applicant's own identification of errors in the document odginally sent,pr6vided-via email on Decemb er 7 ,2022. Once an appeal has been heard, "[n]otice of theiLeview Authority's decision shall be mailed to the original applicant...." (Fairfield MunicipalCode, S25.44.3.)2 Fairfield Municipal Code, section 25.24.2', Table 25-11'3 Fairfield Municipal Code, section 25'40.4.C.1 9233509.1Packet Page 762 of 765Attachment 8 Page 4 of 7
Mayor Moy and City CouncilDecember 29,2022Page 3Fairfield's Municipal Code does not contain any requirement for signage of the type that isdescribed in Special Condition 1.1(c)(ii). Although the Code requires signage relating toreceptacles foi recyclables, organics, and garbage containers, there is no similar requirementfor additional signage. Since the property is only to be used for vehicles, requiring signage thatencourages waite 6isposal puts StoragePRO at risk of violating the prohibition against therelease of hazardous materials.aThe Planning Commission Staff Report claims that these conditions are necessary to ensurethat the opeiation of the recreational vehicle storage facility will not be a nuisance or detrimentalto the general welfare of the greater community. However, the Staff Report fails to provide anyevidenie that a nuisance woutO be created without this particular proposed signage. There is noevidence that similar sites, which are not subject to similar signage conditions, create anuisance. Moreover, the language is not necessary to ensure waste is not left uncontained onthe project site.Moreover, the Special Condition is extraordinary. Other businesses in the City are not requiredto display signs containing this language. For example, Costco is located in the Highway andRegionai Commercial Zoie, and thereiore is subject to a use permit for its activities, however, itis n-ot required to display signage granting customers access to trash receptacles/ carts for thedisposal of their own wistJand oenris. Adonionatly, 375 Lopes Self Storage, which is directlyadjacent to this project site and accessible to it, is required to post a sign at the entrance statingth;t it is the occupants' obligation to remove and properly dispose of garbage, along with thelocation of the nearest landfitt. This is the exact opposite of what has been required on theVehicle Storage site, even though it would reasonable be expected to generate /ess trash.The Planning Commission erred in adopting Special Condition 1.1(cXii) because it isunreasonable, goes above and beyond what the Fairfield Municipal Code requires, anddemands that StoragePRO bear a disproportionate burden by handling waste not created byonsite permitted use-s and accepting tiabiiity for potential hazardous waste. Accordingly, SpecialCondition 1.1(cXii) should be removed from the Conditions of Approval.B. The Gondition Granting The Public Works Department Final Design,Verbiage, and Placement of the Sign is Ambiguous and Should BeRemovedSpecialCondition 1.1 c) provides that "[flinal design, verbiage, and placement location [of thewaste management signagel shall be subject to the review and approval of the Public WorksDepartment.; The conOition improperly defers development of critical details about the sign intothe future. The location and content oi the sign is subject to the later "review and approval of thepublic Works Department" after the use permit is issued, with no particular constraints onlocation. Under these circumstances, the standard is ambiguous, improperly deferred, and,frankly, unfair. ln addition, it leaves open the possibility that the appellant will be required totrave iignage visible to the general public located off-site and thus encourage the public tocome o-nto ttre property and dispose waste of all types in the containers. This substantiallyincreases the already excessive risk borne by StoragePRO in connection with its use of the siteas created by these conditions.a See Conditions of Approval, Condition 3 and 51 9233509.1Packet Page 763 of 765Attachment 8 Page 5 of 7
Mayor Moy and City CouncilDecember 29,2022Page 4Because this condition grants undue discretion to the Public Works Department, and leaves therequirements for the condition uncertain and ambiguous, it should be removed.C. Coupled With the Signage Requirement, the lndemnity Provision isOverbroad, and the City Should Share LiabilityGiven the broad generality of the indemnity to which StoragePRO is subject under theConditions of Apfroval and Use Permit No. 2021 -02, it is unreasonable to require StoragePROto assume the risks inherent in providing the required signage. This increased risk toStoragePRO is exacerbated by the generality of the indemnity required of SloragePRO inconnJction with Use permit No. 2021-02. This indemnity, stated in Section 3.7 of the Conditionsof Approval and Section 9 of Use Permit No. 2021-02, requires StoragePRO, in relevant part, to"indemnify, defend and hold harmless the City...from and against any and all claims, actions,lawsuits, damages, losses and liabilities arising or resulting from the granting of this permit bythe City, the performance of the use authorized by this permit or the exercise of the rightsgranted by this permit." This provision also requires to StoragePRO to pay all amounts incurred5y the City in defense of the City in connection with an action brought against it regarding thesuOlect oitt1e indemnity. To the extent that the risk of claims and litigation is increased as ar"rult of the City's unnecessary requirement to provide additional signage regarding theavailability of a place to dispose of waste on site, it is unreasonable to require StoragePRO tobear this risk as part of its indemnity obligations to the City.lf Special Condition 1.1(c)(ii) is retained, StoragePRO requests that the indemnificationcontained in Section S.i oi ihe Conditions of Approval and Section 9 of Use Permit No. 2021-02is revised to require the City to accept joint and several liability for any claims arising out of thedisposal of hazardous waste on the site.D. The Requirement to Provide 13 Foot by 8 Foot Enclosure lmposes anExcessive Burden on storagePRO and Should Be RemovedThe planning Commission staff report acknowledged that the project scope did not warrant theCity's standird enclosure size for "Office, Retail, lndustrial, and General Commercial" uses over20,b00 square feet and reduced the trash enclosure size as a result. However, Condition 12 ofthe Conditions of Development requiring an 13 foot by 8 foot enclosure is still without sufficient,relevant basis and overburdens StoragePRO. StoragePRO submitted evidence demonstratingthat the City,s estimates of waste generation are unreasonable and unrelated to the actual useof the site. The requirement for a trash enclosure should be removed because waste is notgenerated by the customers of this recreational vehicle storage project on-site. As a result, onlyi cart is required, and the cart can be stored indoors, so no enclosure is necessary.E. The Planning Gommission lmproperly conducted a second hearing on theappealwithout proper notice or opportunity to be heardThe Planning Commission improperly held two hearings on the appeal. On October 12,2Q22,the planning Commission partially denied the appeal and partially granted the appealconcluding lnat ttre size of the trash enclosure should be reduced. on October 26,2022, insteadof placinglhe resolution and already revised conditions on the consent calendar for routineapprovaf the matter was agendized as a new public hearing. The Planning Commission staffr6iort indicated that it was holding another public hearing on the appeal. At this second1 9233509.1Packet Page 764 of 765Attachment 8 Page 6 of 7
Mayor Moy and CitY CouncilDecember 29,2022Page 5purported hearing, staff was unclear about procedures, leading to procedural.e.rrors. Althoughihe'agenda and Jtaff report labeled the item as a public hearing, staff that night informed theCommission that this was not a public hearing and not intended for Commissioner deliberation.Nevertheless, it moved forward as a quasi-helring. ln fact, commissioners, including those whowere not at the first hearing, did deliberate, and they asked questions of staff and of theappellant's representative, who, appearing remotely, was not given an opportunity to fullyrespond befoie the City moved on ihe adoption of the resolution. ln addition, while the item wasagendized as a public'hearing, no public comment was taken. Because of the agenda andh6aring notice failures, the Appellant was given little opporlunity to prepare for an actual hearingand inJufficient opportunity to meaningfully respond. Thus, the Planning Commission's ultimatedecision was based on an incomplete hearing and record.F. The Use Permit Should Begin on the Date of the Gity's DecisionThe effective date of the Use Permit received from the City on December 7 ,2022 following theplanning Commission decision is August 1,2022. However, there is still no final decision on thepermit. -The permit should run from the date of the final decision of the decision-maker, whichwould be the date that the City Council rules on this appeal. By backdating the permit,StoragepRO has been depriu-eO of six months of its permit period, which is twenty-four monthsin total.G. GonclusionFor the reasons set forth in this letter, Storage PRO appeals the imposition of SpecialCondition1 .1(c)(ii) of the Conditions of Approval and requests that the condition be removed. Additionally,StoiaSiepRO requests that Condition 12 of the Conditions of Development is revised to requirewastJcontainers proportional to the amount of waste a recreational vehicle storage facilityproduces. Finally, if Special Condition 1.1(c)(ii) is not revised, StoragePRO requests that thebity accept liability for hazardous waste disposal on site'This appeal is timely. While the code indicates an appeal should be taken within 14 days of theplanning Commission's decision, it also requires written notice of the decision, which was neverreceived. Due to the City's failure to properiy notify StoragePRO of its decision, and the highlyunusual circumstances involving proced'uraidefects at the Planning Commission hearings, andthe long delay in providing the Correct resolution and conditions to the applicant, it is appropriateand rigit for the Council t6 hear this appeal, filed within 14 business days of receipt of the firstcommunication from Staff containing resolution appealed.Thank you for your consideration.Very truly yours,Dana DeanCounselDD:NCK1 9233509.1Packet Page 765 of 765Attachment 8 Page 7 of 7