Agenda, first session — Fairfield City Council, March 21, 2023 (part 1 of 4)

For individuals with hearing or speaking limitations, dial 711 or (800) 7352922 (English). For Spanish, Tagalog or other language, please dial (800) 8553000 and provide the communication assistant with the following City telephone number: (707) 3994010.

Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoom at https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400 CALL TO ORDER 6:00 PM
ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
INVOCATION Worship Pastor Christian Bravo, Liberty Christian Church PLEDGE OF ALLEGIANCE
COUNCIL REPORTS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
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1.Settlement in Matter of Rivas v. City of Fairfield
CITY CLERK REPORT

PRESENTATIONS

2.Proclamation Declaring American Red Cross Month Presented by Councilmember Doug Carr Contact:Karen Rees, (707) 428 7767
a
PUBLIC COMMENTS
PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item.

CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.

3.Approval of Meeting Minutes from February 2023
Recommended Action
Approve the meeting minutes.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a

4.Minute Action Approving Commemorative Dedication and Name Application for Harry Price Recommended Action
Approve application by minute action.

Funding Source
N/A
Contact:Esther Beavers, (707) 4287402
a

5.2022 Annual Report on the General Plan
Recommended Action
Receive report and authorize submission to the State.

Funding Source
N/A
Contact:Jessie Hernandez, (707) 4287450
a

6.Continued Resolution 202336 of the City Council of the City of Fairfield Upholding the Planning Packet Page 2 of 482

6.Continued Resolution 202336 of the City Council of the City of Fairfield Upholding the Planning Commission’s Decision and Approving a Minor Development Review (MD2021011), Use Permit (UP2021002), and Environmental Review (ER2021009), and Partially Granting an Appeal by Steve Mirabito/ StoragePro of Fairfield, LLC to Modify the Conditions of Approval, for a Recreational Vehicle Storage Facility, with the Capacity for 138 Vehicles, and Solar Carports on a ±4.21Acre Parcel at 490 Edison Court (APN: 0180130110) Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Meily Sheehan, (707) 4287474
a

7.Resolution 202348 of the City Council of the City of Fairfield Authorizing the City Manager to Execute Updated Professional Services Agreements Between the City of Fairfield and the Following Plan Review and Inspection Consulting Firms: Bureau Veritas North America, CSG Consultants, Interwest, Shums Coda, 4 Leaf, and TRB + Associates Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Jeff Thomas, (707) 4287442
a

8.Resolution 202349 of the City Council of the City of Fairfield Approving and Authorizing the Execution of the Second Amendment to the Disposition and Development Agreement between the City of Fairfield and Lionext, Inc.

Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Dwayne Dalman, (707) 4287649
a

9.Resolution 202350 of the City Council of the City of Fairfield Accepting the 2021 Pavement Maintenance Project as Complete
Recommended Action
Adopt resolution.

Funding Source
N/A
Contact:Roger Dunham, (707) 4287478
a

10.Resolution 202351 of the City Council of the City of Fairfield Approving an Amendment to the Technology Maintenance and Support Agreement for the EOC Upgrade with Western Audio Video
Recommended Action
Adopt resolution.

Funding Source
$85,000; IT Computer Projects Fund
Contact:Savita Chaudhary, (707) 4287542
a
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11.Resolution 202352 of the City Council of the City of Fairfield Modifying the Amended and Restated Rate and Method of Apportionment of Special Amended for Community Facilities District No. 20181 (Train Station Specific Plan); and
Resolution 202353 of the City Council of the City of Fairfield Declaring Its Intention to Annex Territory (Planning Area 5 and a Portion of Planning Area 4) to the City of Fairfield Community Facilities District No. 20181 (Train Station Specific Plan) as Annexation No. 1 and to Authorize the Levy of Special Taxes Therein
Recommended Action
Adopt resolutions.

Funding Source
N/A
Contact:Chris Lewis, (707) 4287089
a

12.Second Reading and Ordinance 202217 of the City Council of the City of Fairfield Amending Chapter 25, Article I, Section 25.12.3 of the Fairfield Municipal Code, also Known as the Zoning Map, Rezoning Parcel (APN: 0037060480) on Sunset Avenue from Residential, Low Medium Density District to Residential, Medium Density District Recommended Action
Provide second reading and adopt Ordinance 202217.

Funding Source
N/A
Contact:Jonathan Atkinson, (707) 4287387
a

13.Second Reading and Adoption of Ordinance 202305 of the City Council of the City of Fairfield Levying Special Taxes Within City of Fairfield Community Facilities District No. 20231 (One Lake Planning Area 5)
Recommended Action
Provide second reading and adopt Ordinance 202305.

Funding Source
N/A
Contact:John Furtado, (707) 4287629
a

14.Second Reading and Adoption of Ordinance 202306 of the City Council of the City of Fairfield Amending Chapter 12A of the Fairfield Municipal Code, also Known as the Special Events Ordinance, to Clarify the Application Process and Requirements, Correct Typographical Errors, and Make Minor Organizational Revisions for Special Event Permits Recommended Action
Provide second reading and adopt Ordinance 202306.

Funding Source
N/A
Contact:YeeLynn Wong, (707) 4287449
a

15.Second Reading and Adoption of Ordinance 202307 of the City Council of the City of Fairfield Amending Chapter 11, Section 7.2, Regarding the Use of Streets for Vehicle, Boat, Etc., Storage Prohibited
Recommended Action
Provide second reading and adopt Ordinance 202307.

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CITY OF FAIRFIELDFAIRFIELD CITY COUNCILREGULAR MEETINGTUESDAY, MARCH 21, 2023; 6:00 PMCOUNCIL CHAMBER, 1000 WEBSTER STREET, FAIRFIELD,CA 94533 OR VIA ZOOMAGENDANotice to PublicThe City of Fairfield is committed to providing meeting facilities that areaccessible to persons with disabilities and/or have language barriers. To requestmeeting materials in alternative formats, or to request a sign languageinterpreter, realtime captioning, or other accommodation, please contact theCity Clerk's Office, at least 72 hours in advance of the meeting at (707) 4287400.For individuals with hearing or speaking limitations, dial 711 or (800) 7352922(English). For Spanish, Tagalog or other language, please dial (800) 8553000and provide the communication assistant with the following City telephonenumber: (707) 3994010.Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, andwebstreamed live at www.youtube.com/user/FFCATV/live . The public may join the meeting via Zoomat https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or viaphone (408) 6380968, Webinar ID: 890 6021 3840, Passcode: 7074287400CALL TO ORDER 6:00 PMROLL CALLCouncilmember Doug CarrCouncilmember Doriss PanduroCouncilmemberScott TonnesenCouncilmember Rick VaccaroCouncilmember K. Patrice Williams Vice Mayor Pam BertaniMayor Catherine "Cat" MoyINVOCATION Worship Pastor Christian Bravo, Liberty Christian ChurchPLEDGE OF ALLEGIANCECOUNCIL REPORTSCITY MANAGER REPORTCITY ATTORNEY REPORT1.Settlement in Matter of Rivas v. City of FairfieldCITY CLERK REPORTPRESENTATIONS2.Proclamation Declaring American Red Cross Month Presented by Councilmember Doug CarrContact:Karen Rees, (707) 428 7767aPUBLIC COMMENTS PUBLIC COMMENTSPersons wishing to address the City Council on subjects not on the agenda but within the jurisdictionof the council may do so at this time. The council cannot discuss or take action on matters not on theagenda for this meeting, but councilmembers may briefly respond to statements made or questionsraised by the public, ask for clarification from staff, refer the matter to staff, request staff to report backto the council at a subsequent meeting, or place the matter on a future agenda. To speak on anagenda item please use the “raise your hand” feature or press *9 on your phone. Speakers arelimited to three minutes per item.CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion unless a member ofthe City Council or the public requests that separate action be taken on a specific item.3.Approval of Meeting Minutes from February 2023Recommended ActionApprove the meeting minutes.Funding SourceN/AContact:Esther Beavers, (707) 4287402a4.Minute Action Approving Commemorative Dedication and Name Application for Harry PriceRecommended ActionApprove application by minute action.Funding SourceN/AContact:Esther Beavers, (707) 4287402a5.2022 Annual Report on the General PlanRecommended ActionReceive report and authorize submission to the State.Funding SourceN/AContact:Jessie Hernandez, (707) 4287450a6.Continued Resolution 202336 of the City Council of the City of Fairfield Upholding the PlanningCommission’s Decision and Approving a Minor Development Review (MD2021011), UsePermit (UP2021002), and Environmental Review (ER2021009), and Partially Granting anAppeal by Steve Mirabito/ StoragePro of Fairfield, LLC to Modify the Conditions of Approval, fora Recreational Vehicle Storage Facility, with the Capacity for 138 Vehicles, and Solar Carportson a ±4.21Acre Parcel at 490 Edison Court (APN: 0180130110)Recommended ActionAdopt resolution.Funding SourceN/AContact:Meily Sheehan, (707) 4287474a7.Resolution 202348 of the City Council of the City of Fairfield Authorizing the City Manager toExecute Updated Professional Services Agreements Between the City of Fairfield and theFollowing Plan Review and Inspection Consulting Firms: Bureau Veritas North America, CSGConsultants, Interwest, Shums Coda, 4 Leaf, and TRB + AssociatesRecommended ActionAdopt resolution.Funding SourceN/AContact:Jeff Thomas, (707) 4287442a8.Resolution 202349 of the City Council of the City of Fairfield Approving and Authorizing theExecution of the Second Amendment to the Disposition and Development Agreement betweenthe City of Fairfield and Lionext, Inc.Recommended ActionAdopt resolution.Funding SourceN/AContact:Dwayne Dalman, (707) 4287649a9.Resolution 202350 of the City Council of the City of Fairfield Accepting the 2021 PavementMaintenance Project as CompleteRecommended ActionAdopt resolution.Funding SourceN/AContact:Roger Dunham, (707) 4287478a10.Resolution 202351 of the City Council of the City of Fairfield Approving an Amendment to theTechnology Maintenance and Support Agreement for the EOC Upgrade with Western AudioVideoRecommended ActionAdopt resolution. Funding Source$85,000; IT Computer Projects FundContact:Savita Chaudhary, (707) 4287542a11.Resolution 202352 of the City Council of the City of Fairfield Modifying the Amended andRestated Rate and Method of Apportionment of Special Amended for Community FacilitiesDistrict No. 20181 (Train Station Specific Plan); andResolution 202353 of the City Council of the City of Fairfield Declaring Its Intention to AnnexTerritory (Planning Area 5 and a Portion of Planning Area 4) to the City of Fairfield CommunityFacilities District No. 20181 (Train Station Specific Plan) as Annexation No. 1 and to Authorizethe Levy of Special Taxes ThereinRecommended ActionAdopt resolutions.Funding SourceN/AContact:Chris Lewis, (707) 4287089a12.Second Reading and Ordinance 202217 of the City Council of the City of Fairfield AmendingChapter 25, Article I, Section 25.12.3 of the Fairfield Municipal Code, also Known as the ZoningMap, Rezoning Parcel (APN: 0037060480) on Sunset Avenue from Residential, Low MediumDensity District to Residential, Medium Density DistrictRecommended ActionProvide second reading and adopt Ordinance 202217.Funding SourceN/AContact:Jonathan Atkinson, (707) 4287387a13.Second Reading and Adoption of Ordinance 202305 of the City Council of the City of FairfieldLevying Special Taxes Within City of Fairfield Community Facilities District No. 20231 (OneLake Planning Area 5)Recommended ActionProvide second reading and adopt Ordinance 202305.Funding SourceN/AContact:John Furtado, (707) 4287629a14.Second Reading and Adoption of Ordinance 202306 of the City Council of the City of FairfieldAmending Chapter 12A of the Fairfield Municipal Code, also Known as the Special EventsOrdinance, to Clarify the Application Process and Requirements, Correct Typographical Errors,and Make Minor Organizational Revisions for Special Event PermitsRecommended ActionProvide second reading and adopt Ordinance 202306.Funding SourceN/AContact:YeeLynn Wong, (707) 4287449a15.Second Reading and Adoption of Ordinance 202307 of the City Council of the City of FairfieldAmending Chapter 11, Section 7.2, Regarding the Use of Streets for Vehicle, Boat, Etc.,Storage Prohibited Recommended Action
Provide second reading and adopt Ordinance 202307.

Funding Source
N/A
Contact:Jeremy Profitt, (707) 4287709
a
PUBLIC HEARINGS

16.Resolution 202354 of the City Council of the City of Fairfield Denying a General Plan Amendment (GPA2022001) from Highway and Regional Commercial (CHR) to Industrial Business Park (IBP) and a Zone Change (ZC2022002) from Office Commercial – North Cordelia (CONC) to Industrial Business Park (IBP) at 5253 Business Center Drive (APN:
0148270220)
Recommended Action
Hold public hearing and adopt resolution.

Funding Source
N/A
Contact:Jessie Hernandez, (707) 4287450
a
ADJOURN TO TUESDAY, APRIL 4, 2023, 6:00 P.M., COUNCIL CHAMBER.

Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.

PUBLIC NOTIFICATION
I, Kelly Ballard, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on March 16, 2023.

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Agenda Item No: 3.

AGENDA REPORT
DATE:March 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Approval of Meeting Minutes from February 2023
RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Closed Session Minutes, City Council Retreat Minutes, and City Council Minutes for February 2023 have been approved by the city attorney and need council approval.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose to modify the minutes which will result in bringing this item back at a future date.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
City Attorney's Office
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Agenda Item No: 3.AGENDA REPORTDATE:March 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Approval of Meeting Minutes from February 2023RECOMMENDED ACTIONApprove the meeting minutes.STATEMENT OF ISSUEMinutes need approval by the City Council.DISCUSSIONThe City Council Closed Session Minutes, City Council Retreat Minutes, and City Council Minutes forFebruary 2023 have been approved by the city attorney and need council approval.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose to modify the minutes which will result in bringing this item back at a futuredate.STAFF CONTACTEsther Beavers, Deputy City Clerk(707) 428[email protected] COORDINATED WITH
City Attorney's Office
ATTACHMENTS:

Description
City Council Retreat Minutes 02032023
City Council Retreat Minutes 02042023
Closed Session Minutes 02072023
City Council Minutes 02072023
Closed Session Minutes 02212023
City Council Minutes 02212023
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/7/2023 1:51 PM
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CALL TO ORDER
Mayor Catherine Moy called the meeting to order at 5:02 p.m.

ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.

PUBLIC COMMENTS
Cornelius Wood:
 Discussed article re presentation regarding Chamber of Commerce and plans for a train station. Supports this plan.
 Also mentioned N. Texas St and Moorhead and suggested access points between Fairfield and Suisun. Great potential transportation access and suggests planners look into it.  Also mentioned Proposition P - pavement work
Rick Johnson - expressed how proud he is about living in Fairfield, the persistence and dedication of the City and appreciation for City.

Monica Winn - local realtor, concerned about homeless, works for HUD affordable housing and Fairfield community for better health. Active in community. Offered to help community re homeless issues.

CONSENT CALENDAR

1. Resolution 2023-20 of the City Council of the City of Fairfield Approving the Mayor’s Appointments and Recommendations for the Calendar Year 2023 Councilmember Williams would like to switch off Travis Unified School District Committee and instead would like to serve on the Solano Economic Development Corporation (EDC) Board.

Mayor Moy will consider Councilmember Williams’ request for the Solano EDC board.

Councilmember Tonnesen made a motion to approve Resolution 2023-20. Vice Mayor Bertani seconded the motion. The motion carried unanimously. (7-0)

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL REGULAR MEETING
FRIDAY, FEBRUARY 3, 2023; 5:00 PM
POLICE TRAINING FACILITY, 1717 REX CLIFT DRIVE
FAIRFIELD, CA 94533 OR VIA ZOOM

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MEETING WAS ADJOURNED AT 7:47 P.M. TO TUESDAY, FEBRUARY 4, 2023, 9:00 A.M., FAIRFIELD POLICE TRAINING FACILITY.

______________________________
Mayor
_______________________
City Clerk
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CALL TO ORDER
Mayor Catherine Moy called the meeting to order at 9:00 a.m.

ROLL CALL
On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.

PUBLIC COMMENTS
There were no public comments.

NEW BUSINESS

1. Council Goal Priority Setting
MEETING WAS ADJOURNED AT 11:49 A.M.

_________________________
Mayor
_______________________
City Clerk

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL REGULAR MEETING
FRIDAY, FEBRUARY 4, 2023; 9:00 AM
POLICE TRAINING FACILITY, 1717 REX CLIFT DRIVE
FAIRFIELD, CA 94533 OR VIA ZOOM

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

SPECIAL MEETING

CLOSED SESSION
TUESDAY, FEBRUARY 7, 2023, AT 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET,
4TH FLOOR, FAIRFIELD, CA 94533, OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Cat Moy called the meeting to order at 5:00 p.m. City Attorney David Lim called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, K.

Patrice Williams, Vice Mayor Pam Bertani, Mayor Cat Moy, City Manager David Gassaway, City Attorney David Lim, Police Chief Dan Marshall, Attorney John Robinson, and Attorney Patrick Moriarty.

No one was present via Zoom.

City Attorney Lim invited members of the public to speak at public comments. No members of the public were present in person or via Zoom. Public comment was closed.

The City Council went into a closed session on Items #1 and #2 with City Attorney David Lim, City Manager David Gassaway, Police Chief Dan Marshall, Attorney John Robinson, and Attorney Patrick Moriarty. Following a discussion of these items, Chief Marshall, Mr. Robinson, and Mr. Moriarty left the room.

The City Council went into a closed session on Item #3 with City Attorney David Lim, City Manager David Gassaway, Attorney Peter Glaessner, Interim Community Development Director David Feinstein, and Human Resources Director Farbod Pirouzmand. Following a discussion of this item, Mr. Glaessner, Mr. Feinstein, and Mr. Pirouzmand left the room.

The Mayor called a recess at 6:04 PM with an order to reconvene following the end of the City Council general meeting.

BREAK

RESUME

Mayor Moy called the Closed Session back to order at 8:06 PM at the same location. All members of the City Council were present again except for Vice Mayor Bertani. No members of the public were present in person or via Zoom.

The City Council went into a closed session on Item #4 with City Attorney David Lim, City Manager David Gassaway, and Real Estate Specialist II Jennifer Rice. Following the discussion of this item, Ms.

Rice left the room.

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The City council went into a closed session on Item #5 with City Attorney David Lim and City Manager David Gassaway.

The City came out of a closed session. The City Attorney made no announcements out of the closed meeting. The meeting was adjourned at 8:29 PM.

______________________________
City Attorney
________________________________
Mayor
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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 7, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET,
FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 6:12 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, Rick Vaccaro, and K.

Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy.

INVOCATION

Reverend Clarence Coleman of Bethel Community Church gave an invocation.

PLEDGE OF ALLEGIANCE

Councilmember Carr led the Pledge of Allegiance.

COUNCIL REPORTS

Councilmember Williams reported that she spoke with the Director of Economic Development (ED) of Vacaville, Don Burrus, in preparation for her meeting with Fairfield’s ED staff and that he provided her with valuable information: 1) look at Fairfield’s economy in a regional context; 2) it’s important to spend time on the marketing budget (tradeshows and conferences); and 3) identify the strongest industries in Fairfield.

Councilmember Tonnesen thanked Public Works staff, CalTrans, and California Highway Patrol for the major four-day cleanup of debris, trash, and old appliances under a freeway bridge in Cordelia. He stated it was a well-coordinated effort by all involved.

Councilmember Vaccaro reported that he and Councilmember Panduro attended the 2 x 2 Regional Homeless Committee meeting on January 19 and that the Committee chose a vice chair. They continue to add members and work on homeless issues. He shared that the next meeting is on February 23, and all meetings are open to the public. Next, he reported attending a successful Fairfield Community Services Foundation fundraiser, “Chocolate & Vine.”

Councilmember Panduro reported that the N. Texas Street Business Watch meeting was held last week, and the Community Action Team (CAT) and the Homeless Intervention Team (HIT) were there to answer business owners’ questions. She shared that it was a very productive meeting and would be held quarterly. Next, she stated she attended a Bay Adapt Joint Platform meeting on how the Bay Area can adapt faster, better, and more equitably to rising sea levels. She was asked to join the task force by a county supervisor. Lastly, she attended a civic leaders’ breakfast at Travis Air Force Base, where she and others received updates about the base.

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Councilmember Carr reported a busy first month attending the New Mayors and Councilmembers Academy in Sacramento. He earned credits for attending an Ethics Course. He stated that the Council Retreat held on February 3 and 4 was informative , but he wished that more people from the public would have attended. He shared that he had started touring City facilities as a new councilmember and attended his first Fairfield Suisun Sewer District meeting. He asked that people pray for the people of Turkey and Syria due to the devastating earthquake that killed thousan ds.

Vice Mayor Bertani requested that the meeting be adjourned in memory of Mayrene Bates, who died on January 6. Mrs. Bates served as a school librarian, teacher, assistant principal, principal, and trustee in the Fairfield-Suisun Unified School District. She made a major impact on her students. Next, she invited the community to a candle memorial at the Civic Center Pond on February 10. She reported that the Fairfield Clergy Action Network (CAN) and the Solano County Black Chamber of Commerce would host a Black History Festival on February 25 at 2 p.m. at Bethel Community Church, with music, and food trucks, celebrating diversity.

Mayor Moy reported that she and Council planned goals and objectives for 2023 at the recent Council Retreat. She stated that homelessness is the number one issue. She attended her first meeting of the Solano County Water Agency (SCWA), as the mayor of each city sits on the board of directors. She reported that Fairfield receives its water from Lake Berryessa from a series of canals built in 1952 and that SCWA is looking for ways to improve processes. Next, she reported she attended a Solano Transportation Authority meeting, and Vanden Road was the topic of discussion, as many improvements are needed. She stated that she and the Vacaville mayor and county supervisor are working on it. Lastly, she reported that she and City Manager Gassaway visited Travis Air Force Base (TAFB) for an immersion tour for new mayors.

CITY MANAGER REPORT

City Manager David Gassaway reported that in the past 18 months, the Lighting and Maintenance Districts (LLMDs) – community engagements. The engineer’s report comes out on February 8.

CITY ATTORNEY REPORT

City Attorney David Lim reported that the closed session met before the council meeting and would reconvene after the council meeting to complete its business.

CITY CLERK REPORT

City Clerk Karen Rees shared that she had become a first-time grandmother on January 30 to identical twin boys, Miles and Theo!

PRESENTATIONS

1. Poem Reading "Unyielding Tenacity" by Poet Laureate Suzanne Bruce

2. Proclamation declaring Black History Month presented by Vice Mayor Bertani to the President of Solano County Black Chamber of Commerce, Tamuri Richardson. The entire Board of Directors attended also.

3. Proclamation declaring Cancer Prevention Month presented by Mayor Moy to Donna and Jason Quintero of Pink Lemonade, a local non-profit helping cancer patients.

PUBLIC COMMENTS

Jeff Trager spoke about upcoming events at the Downtown Theatre.

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Richard Caringello thanked Reverend Coleman for the prayer and asked that his three minutes be given to Jack Batson.

Jack Batson spoke about City Church and Pastor Scott Mulvey.

Jim Carr spoke about homelessness, the Linear Path, and electric bicycles (Class 1).

Jesse Branch invited Council to attend a Solano County Marine Corps League meeting in Vacaville.

Bryan Lynch spoke about vacant lots and areas of blight.

CONSENT CALENDAR

4. Approval of Meeting Minutes from January 2023

5. Resolution 2023-09 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

6. Resolution 2023-10 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement for Severance Between the City of Fairfield and Daniel Marshall

Councilmember Williams asked for Item 7 to be pulled.

7. Resolution 2023-11 of the City Council of the City of Fairfield Approving the Disposition and Development Agreement Between the City of Fairfield and Scannell Properties

Economic Development Manager Dwayne Dalman answered questions from Councilmembers Williams.

No members of the public requested to speak. Councilmember Vaccaro made a motion to approve Item

7. Councilmember Williams seconded the motion. The motion carried unanimously (7-0).

8. Resolution 2023-12 of the City Council of the City of Fairfield Approving the Equipment Shelter Ground Lease Agreement Between the City of Fairfield and New Cingular Wireless PCS, LLC for a New Cellular Equipment Shelter Located off of Verona Court and Palladio Way, Fairfield, More Commonly Known as APN 0148-200-570

9. Resolution 2023-13 of the City Council of the City of Fairfield Approving the Report of the Advisory Board for Calendar Year 2022 and Proposed Budget for Calendar Year 2023 in Connection with the North Texas Street Business Improvement District; and

Resolution 2023-14 of the City Council of the City of Fairfield Declaring Intention to Levy an Assessment Against Businesses Within the North Texas Street Business Improvement District for Calendar Year 2023 and Setting a Time and Place for Hearing Objections Thereto

Councilmember Williams pulled Item 10 for discussion.

10. Resolution 2023-15 of the City of Fairfield Approving Amendments to the Economic Development Revolving Loan Program Guidelines and Authorizing the City Manager to Make any Further Amendments to the Guidelines as Needed and to sign any Documents or Contracts Associated with the Program

Director of Housing Services La Tanna Jones answered questions from Councilmember Williams. No members of the public requested to speak. Councilmember Tonnesen made a motion to approve Item Packet Page 15 of 482Attachment 4 Page 3 of 4

10. Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

11. Second Reading of Ordinance 2023-02 of the City Council of the City of Fairfield Amending Section 25.20.3 of Chapter 25, Article I of the Municipal Code, also Known as the Zoning Ordinance, to Include Section 25.20.3.4 SB 9 Development Regulations and Associated Table 25-2.1 RVL and RL District Development Regulations Under Senate Bill 9

12. Resolution 2023-16 of the City Council of the City of Fairfield Approving up to $250,000 to Cover Tenant Improvement Costs for City Hall Office Space

13. Resolution 2023-17 of the City Council of the City of Fairfield Approving a Professional Services Agreement with Cyber Leadership and Strategy Solutions, LLC

14. Resolution 2023-18 of the City Council of the City of Fairfield Accepting the Nelson Hill Reservoir Mixing and Valve Replacement Project as Complete

Councilmember Vaccaro made a motion to approve Item 7. Councilmember Williams seconded the motion. The motion carried unanimously (7-0).

Councilmember Tonnesen made a motion to approve Item 10. Councilmember Carr seconded the motion. The motion carried unanimously (7-0).

Vice Mayor Bertani made a motion to approve the Consent Calendar as presented , excluding Items 7 and 10. Councilmember Vaccaro seconded the motion. The motion carried unanimously (7-0).

PUBLIC HEARINGS

15. Interim Director of Community Development Dave Feinstein recommended to Council that it open the Public Hearing, and; approve Resolution 2023-19 of the City Council of the City of Fairfield Approving a Negative Declaration (ER2023-003) for the 2023-2031 Housing Element Project, Adopting the 2023-2031 Housing Element, and Forwarding the Housing Element to the California Department of Housing and Community Development for Certification .

Senior Associate Alison Moore of Dyett & Bhatia, Urban and Regional Planners, gave a presentation.

Mayor Moy opened the public hearing. Joe Green-Heffern and Nora Dizon spoke on Item 15. Mayor Moy closed the public hearing. The Council discussed the item and Ms. Moore and Interim Community Development Director David Feinstein answered additional questions.

Councilmember Panduro made a motion to approve Resolution 2023 -19. Councilmember Carr seconded the motion. The motion carried unanimously (7-0)

THE MEETING WAS ADJOURNED AT 7:58 P.M. IN MEMORY OF MAYRENE BATES TO TUESDAY, FEBRUARY 21, 2023, 6:00 P.M., COUNCIL CHAMBER.

_____________________________
City Clerk
______________________
Mayor

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CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL

CLOSED SESSION
TUESDAY, FEBRUARY 21, 2023; 5:00 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

AGENDA

MINUTES

CALL TO ORDER

Mayor Cat Moy called the meeting to order at 5:01 p.m. City Attorney David Lim called rollcall.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Scott Tonnesen, K. Patrice Williams, Vice Mayor Pam Bertani, Mayor Cat Moy, City Manager David Gassaway, City Attorney David Lim, and Assistant Public Works Director Michael Hether. Councilmember Rick Vacarro was absent.

No one was present via Zoom.

City Attorney Lim invited members of the public to speak at public comments. No members of the public were present in person or via Zoom. Public comment was closed.

The City Council went into a closed session on Item #1 (Cybersecurity Update) with City Attorney David Lim, City Manager David Gassaway, Information Technology (IT) Director Savita Chaudhary, and Assistant Public Works Director Michael Hether. After discussing these items, Ms. Chaudhary and Mr.

Hether left the room.

The City Council went into closed session on Item #2 (Conference with Legal Counsel Existing Litigation:

David Pierson Compromise and Release Agreement (Multiple Claims) with City Attorney David Lim, City Manager David Gassaway, Human Resources Director Farbod Pirouzmand, and Human Resources Manager Angela Broaddus. Attorney Shannon Ripple and Ms. Kristin Wheeler appeared via Zoom.

The City came out of a closed session. City Attorney David Lim reported that as to Item #2, the City Council, by a vote of 6-0, authorized settlement of $230,00 for a Compromise and Release agreement with David Pierson for seven existing workers compensation claims. The meeting was adjourned at 5:50 PM.

______________________________
City Attorney
________________________________
Mayor
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CALL TO ORDER

Mayor Catherine Moy called the meeting to order at 6:04 p.m.

ROLL CALL

On roll call were Councilmembers Doug Carr, Scott Tonnesen, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Moy. Councilmembers Doriss Panduro and Rick Vaccaro were absent.

INVOCATION
Worship Pastor Pamela Gore of City Church gave an invocation.

PLEDGE OF ALLEGIANCE
Vice Mayor Bertani led the Pledge of Allegiance.

COUNCIL REPORTS

Vice Mayor Bertani reported on the State of the Base. She mentioned that on Saturday, February 25, from 2 to 6 p.m. at the Bethel Community Church, a Black History Month celebration will be presented by the Fairfield Clergy Action Network (CAN) and the Solano County Black Chamber of Commerce event. There will be food trucks and live performances. Vice Mayor Bertani also added that the Fairfield CAN would meet on Tuesday, February 28, at 3 p.m. in the City Council Chamber. She also added that the smoke shop where the City Council voted to remove their business license is still operating, and she requested that this item be added as a future agenda item. City Attorney David Lim stated that since that case is currently in ligation, he will discuss this matter with the council offline.

Councilmember Carr reported that he attended the Youth Good Character Awards ceremony. He also attended the Communities of Recovery Conference to keep him up to date with homeless projects.

Councilmember Carr also attended the Fairfield Police Association’s Crab Feed which benefited the Public Safety Academy. He also attended the Downtown Theatre’s House of Floyd concert, which was wonderful, and he encourages the community to go out and attend local events, it will benefit mental health, which was a big struggle for most folks during the beginning of the COVID -19 pandemic.

Councilmember Tonnesen reported on the Allan Witt ball fields and how the Pacific Little League has been improving the fields, which will be re-opening in early March. He also noted that restrooms are coming to Lee Bell Park.

Councilmember Williams thanked the Marketing and Outreach Division for putting on a beautiful ceremony of lights for Mayrene Bates. She also noted that today was the 60 -day mark of being a City Councilmember. Councilmember Williams acknowledges the number of commissions and committees councilmembers serve on and the importance of time management. She is also excited about tours scheduled for her to visit all the different City facilities. Councilmember Williams also learned a lot at the New Mayor and Councilmembers conference presented by the League of California Ci ties.

Mayor Moy reported that the Listening Tours would be happening soon, and the first meeting will be on Saturday, March 25, at 11 a.m. at the Bethel Community Church. Councilmember Tonnesen

CITY OF FAIRFIELD

FAIRFIELD CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 21, 2023; 6:00 PM
COUNCIL CHAMBER, 1000 WEBSTER STREET
FAIRFIELD, CA 94533 OR VIA ZOOM

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requested that the Listening Tours be added to the agenda. Ma yor Moy responded that this item has already been added to the March 7 City Council agenda.

CITY MANAGER REPORT

City Manager Gassaway reported on a successful City Council retreat that happened earlier this month. He also added that the Senior Leadership Team had a retreat afterward to discuss the topics that were mentioned in the City Council Retreat. City Manager Gassaway noted that t here is planning to be a study session that will happen on Tuesday, March 14, to discuss further the work plan for City Council goals for the year. He also added that there would be a CAP Solano JPA Board meeting on Thursday, February 23, at 6:30 p.m. at the County Administrative Building to discuss homeless efforts, and the public is welcome to attend.

CITY ATTORNEY REPORT

City Attorney Lim has nothing to report out of the closed session.

CITY CLERK REPORT

Deputy City Clerk Beavers reported that five seats are available on the Youth Commission, and she encourages young adults to apply. Quarterly interviews are being held, the next application deadline is March 21, and interviews are tentatively scheduled for April 11.

PUBLIC COMMENTS

Mike Wright and Stephanie Perry spoke about the Grand Jury.

Alex Lunine spoke about improving air quality and funding for sidewalk beautification projects.

Cornelius Wood spoke on the Listening Tours.

CONSENT CALENDAR

1. Resolution 2023-21 of the City Council of the City of Fairfield Reconsidering and Authorizing Public Meetings to be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings and Determinations Regarding the Same

Councilmember Williams asked for Item 2 to be pulled for discussion.

2. Resolution 2023-22 of the City Council of the City of Fairfield Authorizing the City Manager to Execute an Agreement for Overtime Compensation Owed to Employees Represented by Fairfield Police Management Association

Human Resources Director Farbod Pirouzmand answered questions from Councilmember Williams. No members of the public wished to speak. Vice Mayor Bertani made a motion to approve Item 2. Councilmember Carr seconded the motion. The motion carried unanimously, 5-0.

3. Resolution 2023-23 of the City Council of the City of Fairfield Approving a Contract with Alliant Insurance Services as the Broker for Employee Health and Welfare Benefit Programs

4. Resolution 2023-24 of the City Council of the City of Fairfield Authorizing the City Manager to Execute a Funding Agreement Between the City of Fairfield and the City of Vacaville for the Packet Page 19 of 482Attachment 6 Page 2 of 6

Exchange of $1,500,000 in Regional Transportation Impact Fee Funding for Jepson Parkway Improvements

Councilmember Williams asked for Item 5 to be pulled for discussion.

5. Resolution 2023-25 of the City Council of the City of Fairfield Suspending Competitive Bidding and Authorizing the City Manager to Purchase an Emergency Generator System from Bay City Electric Works

Assistant Public Works Director Michael Hether answered questions from Councilmember Williams. No members of the public wished to speak. Vice Mayor Bertani made a motion to approve Item 5. Councilmember Carr seconded the motion. The motion carried unanimously, 5-0.

6. Resolution 2023-26 of the City Council of the City of Fairfield Establishing the Fairfield Landscape Oversight Committee and Setting Forth Guidelines and Duties of the Committee

7. Resolution 2023-27 of the City Council of the City of Fairfield Approving the Community Development Block Grant Program 5th Substantial Amendment to the Fiscal Year 2019-2020 Annual Action Plan; and
Resolution 2023-28 of the City Council of the City of Fairfield Approving the Community Development Block Grant Program 1st Substantial Amendmen t to the Fiscal Year 2022-2027 Consolidated Plan and Annual Action Plan

8. Second Reading of Ordinance 2023-01 of the City Council of the City of Fairfield Amending Section 2.7 to Chapter 2, Article II of the Fairfield Municipal Code Regarding Appointment, Removal, and Term of Office of the City Manager to Reflect the Current Number of Council Members Required for a Majority Vote, Remove the Requirement for an Indefinite Term, and Remove the Gender Classification of the City Manager

9. Second Reading of Ordinance 2023-03 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; and

Second Reading of Ordinance 2023-04 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, Ma ke 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

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Councilmember Tonnesen made a motion to approve the Consent Calendar as presented, excluding Items 2 and 5. Councilmember Carr seconded the motion. The motion carried unanimously, 5-0.

NEW BUSINESS

10. Deputy City Clerk Esther Beavers presented on the Minute Action Approving Mayor’s Appointments to the Youth Commission, Rockville Hills Regional Park Citizen Advisory Committee, and the Golf Advisory Board

New members of the Youth Commission, Rockville Hills Regional Park Citizen Advisory Committee, and the Golf Advisory Board were sworn in. Harsukh Sidhu and Annilynn Martinez were sworn in for the Youth Commission. Nikolaus Glazar was sworn in for the Rockville Hills Regional Park Citizen Advisory Committee. Tom Ebert was sworn in for the Golf Advisory Board. Cian Fei Long Wilson (Youth Commission) and Mike Garcia (Golf Advisory Board) were absent and will be sworn in at the City Clerk’s Office at a later time.

Councilmember Tonnesen made a motion to approve the mayor’s appointments to the Youth Commission, Rockville Hills Regional Park Citizen Advisory Committee, and the Golf Advisory Board. Councilmember Carr seconded the motion. The motion carried unanimously, 5-0.

11. City Council Discussion and Direction on the way to Honor the Late Mayor Harry T. Price for his Decades of Service to the Fairfield Community

After much discussion, the councilmembers agreed with either naming the City Council Chamber, the pond, re-naming Civic Center Drive, or rooms in City Hall to honor Harry Price.

Dana Dean spoke on ways to honor Mayor Harry T. Price.

Carol Hummel spoke on ways to honor Mayor Harry T. Price.

Vice Mayor Bertani made a motion to have staff examine re-naming the City Council Chamber to Harry T. Price City Council Chamber and re-name Civic Center Drive to Harry T. Price Drive.

Councilmember Williams seconded the motion. The motion carried unanimously, 5 -0.

Vice Mayor Betani also recommended coordinating with the school district to see if there is a possibility to rename Vanden High School.

12. Economic Development Division Manager Dwayne Dalman presented on Resolution 2023-29 of the City Council of the City of Fairfield Authorizing Modifications and a Recapitaliz ation of the Heart of Fairfield Revitalization & Enhancement Assistance Program as well as the Establishment of a Downtown Equipment Loan Program
Vice Mayor Betani made a motion to approve Resolution 2023-29. Councilmember Tonnesen seconded the motion. The motion carried 5-1, with Councilmember Williams voting “no” on this item.

13. Economic Development Division Manager Dwayne Dalman presented on Resolution 2023-30 of the City Council of the City of Fairfield Approving an Agreement with the North Texas Street Business Association for the Year 2023 Operation and Administration of the North Texas Street Packet Page 21 of 482Attachment 6 Page 4 of 6

Business Improvement District

Councilmember Tonnesen made a motion to approve Resolution 2023-30. Vice Mayor Bertani seconded the motion. The motion carried unanimously, 5-0.

PUBLIC HEARINGS

14. Finance Director John Furtado recommended to Council that it open the Public Hearing; and Resolutions 2023-31 Through 2023-35 and Ordinance 2023-05 for Proceedings (Including a Landowner Election) to Establish a Community Facilities District, One or More Improvement Areas and a Future Annexation Area for the One Lake Project

Mayor Moy opened the public hearing.

La Keesha Johnson spoke on this item.

Mayor Moy closed the public hearing.

Councilmember Tonnesen made a motion to approve Resolutions 2023-31, 2023-32, and 2023- 33 Vice Mayor Bertani seconded the motion. The motion carried unanimously, 5-0.

City Clerk Beavers opened the ballots and there were 172 “yes” votes for the Special Tax Election.

Councilmember Tonnesen made a motion to approve Resolutions 2023-34 and 2023-35. Vice Mayor Bertani seconded the motion. The motion carried unanimously, 5-0.

Councilmember Tonnesen made a motion to waive full reading and approve the introduction of Ordinance 2023-05. Councilmember Carr seconded the motion. The motion carried unanimously, 5-0.

15. Principal Planner Meily Sheehan recommended to Council to open the Public Hearing; and Resolution 2023-36 of the City Council of the City o f Fairfield Upholding the Planning Commission’s Decision and Approving a Minor Development Review (MD2021011) and Use Permit (UP2021-002) for the Development of 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)

Councilmember Williams recused herself from this hearing.

Mayor Moy opened the public hearing.

City Attorney Lim swore in all speakers. Interim Planning Manager Meily Sheehan presented for the City. Attorney Dana Dean spoke on behalf of appellant Edison RV Storage. City Council asked questions of both parties. There were no requests by the public to speak. Mayor Moy closed the public hearing.

Councilmember Tonnesen made a motion to grant the appeal of Edison RV Storage as to the removal of the signage conditions. The trash enclosure and indemnification conditions remained as recommended by City Staff. Councilmember Carr seconded the motion. The motion carried 4-0.

Packet Page 22 of 482Attachment 6 Page 5 of 6

No action was taken on Resolution 2023-36. City staff will return to City Council with a revised resolution to be placed in the Consent Calendar.

THE MEETING WAS ADJOURNED AT 8:35 P.M. TO TUESDAY, MARCH 7, 2023, AT 6:00 P.M., CITY COUNCIL CHAMBER.

_______________________________
City Clerk

________________________________
Mayor
Packet Page 23 of 482Attachment 6 Page 6 of 6

Agenda Item No: 4.

AGENDA REPORT
DATE:March 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Minute Action Approving Commemorative Dedication and Name Application for Harry Price
RECOMMENDED ACTION
Approve application by minute action.

STATEMENT OF ISSUE
The City Council is being asked to approve the Commemorative Dedication and Name Application for City Facilities (Application) to rename Civic Center Drive to Harry Price Drive and to name the the City Council Chamber to Harry T. Price Memorial Council Chamber.

DISCUSSION
As directed by City Council at the February 21, 2023, City Council meeting, City staff has prepared the Application to rename Civic Center Drive to Harry Price Drive and to name the City Council Chamber to Harry T. Price Memorial Council Chamber in honor of his longtime service to the community.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to approve the proposed street renaming and the City Council Chamber naming.

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 4287402
Packet Page 24 of 482

Agenda Item No: 4.AGENDA REPORTDATE:March 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Minute Action Approving Commemorative Dedication and Name Application for HarryPriceRECOMMENDED ACTIONApprove application by minute action.STATEMENT OF ISSUEThe City Council is being asked to approve the Commemorative Dedication and Name Application forCity Facilities (Application) to rename Civic Center Drive to Harry Price Drive and to name the the CityCouncil Chamber to Harry T. Price Memorial Council Chamber.DISCUSSIONAs directed by City Council at the February 21, 2023, City Council meeting, City staff has prepared theApplication to rename Civic Center Drive to Harry Price Drive and to name the City Council Chamberto Harry T. Price Memorial Council Chamber in honor of his longtime service to the community.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/AALTERNATIVE ACTIONThe council may choose not to approve the proposed street renaming and the City Council Chambernaming.STAFF CONTACT Esther Beavers, Deputy City Clerk
(707) 4287402
[email protected]
COORDINATED WITH
Community Development Department, Information Technology ATTACHMENTS:

Description
Naming Application Harry Price
REVIEWERS:

Reviewer Action Date
Beavers, Esther Approved 3/6/2023 5:30 PM
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Agenda Item No: 5.

AGENDA REPORT
DATE:March 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:2022 Annual Report on the General Plan
RECOMMENDED ACTION
Receive report and authorize submission to the State.

STATEMENT OF ISSUE
The Community Development Department prepares an Annual Report on the General Plan (Annual Report) to comply with Section 65400 of the California Government Code. The State requires the planning agency to provide an annual report each year to the legislative body, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) regarding the status of the City’s General Plan and progress in its implementation.

The Annual Report includes the progress in meeting the City’s share of regional housing needs.

Following the City Council review, staff will submit the Annual Report to OPR and HCD.

DISCUSSION
This Annual Report focuses on actions taken during 2022 and is the 20th Annual Report since the council adopted the Comprehensive Amendment to the General Plan in June 2002.

Key projects implementing the General Plan this past year are listed below and described in more detail in the attached Annual Report document:

Land Use Element
Zoning Ordinance updates, including updates to ensure the Ordinance is consistent with SB 9 and SB 35.

Implementation of the Train Station Specific Plan, including the substantial development of Planning Area 4 and 5 and approval of plans for Planning Area 6.

Implementation of the Heart of Fairfield (HOF) Plan by the City’s multidepartmental HOF team, including the initiation of a relocation study for the downtown PG&E substation, authorization of funding for “Revitalization and Enhancement Assistance Program” (REAP) Packet Page 28 of 482

Housing Element
Notable housing projects entitled in 2022 include Brighton Place, which approved a sixunit subdivision consisting of two attached dues and two detached homes, and Sunset Avenue Apartments, which approved townhome style 130 apartments.

Active permitting year, with the City issuing 366 building permits, including 17 accessory dwelling units.

The Housing Authority continued to provide Tenant Based Rental Assistance (TBRA) and offer Housing Choice Vouchers (HCV). In 2022, the City provided TBRA to 18 lowincome households and 894 HCVs.

The City entitled three affordable housing projects and made financial commitments for the development of multifamily affordable housing.

Affordable Housing Trust Fund to aid in developing established and mixedincome and affordable housing initiatives maintained.

The City will submit the State’s Annual Housing Element Progress Report. The summary table from this Progress Report is incorporated into the Annual Report document. This Annual Progress Report can be reviewed under the “General Plan” tab on the City’s Planning Division page on this website:
https://www.fairfield.ca.gov/government/city departments/communitydevelopment/planning division
Ordinance implementing Emergency Homeless Shelter program adopted.

Open Space Conservation and Recreation Element
Laurel Creek Park Ball Field Lighting project completed.

Lake Park Trail improvement agreement approved.

Design initiated for Matt Garcia Community Park.

Circulation Element
Update to AB1600 Traffic Impact and Northeast Area impact fees completed.

Downtown Striping and Intersection Improvement Project completed.

ShortRange Transit Plan adopted.

Public Facilities and Services
Updated Solano MultiJurisdiction Hazard Mitigation Plan adopted.

Emergency Operations Plan adopted.

North Bay Regional Water Treatment Plant Ozone System improvements completed.

Packet Page 29 of 482

Agenda Item No: 5.AGENDA REPORTDATE:March 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:2022 Annual Report on the General PlanRECOMMENDED ACTIONReceive report and authorize submission to the State.STATEMENT OF ISSUEThe Community Development Department prepares an Annual Report on the General Plan (AnnualReport) to comply with Section 65400 of the California Government Code. The State requires theplanning agency to provide an annual report each year to the legislative body, the Governor’s Office ofPlanning and Research (OPR), and the California Department of Housing and CommunityDevelopment (HCD) regarding the status of the City’s General Plan and progress in its implementation.The Annual Report includes the progress in meeting the City’s share of regional housing needs.Following the City Council review, staff will submit the Annual Report to OPR and HCD.DISCUSSIONThis Annual Report focuses on actions taken during 2022 and is the 20th Annual Report since thecouncil adopted the Comprehensive Amendment to the General Plan in June 2002.Key projects implementing the General Plan this past year are listed below and described in moredetail in the attached Annual Report document:Land Use ElementZoning Ordinance updates, including updates to ensure the Ordinance is consistent with SB9 and SB 35.Implementation of the Train Station Specific Plan, including the substantial development ofPlanning Area 4 and 5 and approval of plans for Planning Area 6.Implementation of the Heart of Fairfield (HOF) Plan by the City’s multidepartmental HOFteam, including the initiation of a relocation study for the downtown PG&E substation,authorization of funding for “Revitalization and Enhancement Assistance Program” (REAP)façade improvement program, and downtown banner program.Housing ElementNotable housing projects entitled in 2022 include Brighton Place, which approved a sixunitsubdivision consisting of two attached dues and two detached homes, and Sunset AvenueApartments, which approved townhome style 130 apartments.Active permitting year, with the City issuing 366 building permits, including 17 accessorydwelling units.The Housing Authority continued to provide Tenant Based Rental Assistance (TBRA) andoffer Housing Choice Vouchers (HCV). In 2022, the City provided TBRA to 18 lowincomehouseholds and 894 HCVs.The City entitled three affordable housing projects and made financial commitments for thedevelopment of multifamily affordable housing.Affordable Housing Trust Fund to aid in developing established and mixedincome andaffordable housing initiatives maintained.The City will submit the State’s Annual Housing Element Progress Report. The summarytable from this Progress Report is incorporated into the Annual Report document. ThisAnnual Progress Report can be reviewed under the “General Plan” tab on the City’sPlanning Division page on this website: https://www.fairfield.ca.gov/government/city departments/communitydevelopment/planningdivision Ordinance implementing Emergency Homeless Shelter program adopted.Open Space Conservation and Recreation ElementLaurel Creek Park Ball Field Lighting project completed. Lake Park Trail improvement agreement approved. Design initiated for Matt Garcia Community Park.Circulation ElementUpdate to AB1600 Traffic Impact and Northeast Area impact fees completed. Downtown Striping and Intersection Improvement Project completed. ShortRange Transit Plan adopted.Public Facilities and ServicesUpdated Solano MultiJurisdiction Hazard Mitigation Plan adopted. Emergency Operations Plan adopted.

North Bay Regional Water Treatment Plant Ozone System improvements completed.

Economic Development Element
Business Recruitment and Retention Program implementation, including marketing to target industries and networking with brokers and property owners.

Negotiation of a Disposition and Development Agreement with Valley Strong Credit Union for a Cityowned property at 3360 Nelson Road, which is anticipated to generate more than $1 million.

Vibrant Vacancy Program launched.

Implementation of Economic Development Strategic Plan, including new branding and marketing and promotion of downtown and business parks.

Travis Protection Element
Contracting with the Solano Economic Development Corporation to staff the Travis Community Consortium.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may amend the Annual Report, but State law requires the submittal of the Annual Report by April 1, 2023.

STAFF CONTACT
Jessie Hernandez, Associate Planner
(707) 4287450
[email protected]
COORDINATED WITH
Public Works Department, Housing Services Department
ATTACHMENTS:

Description
2022 Annual Progress Report on the General Plan
REVIEWERS:

Reviewer Action Date
Feinstein, David Approved 3/6/2023 1:57 PM
Beavers, Esther Approved 3/6/2023 2:38 PM
Beavers, Esther Approved 3/6/2023 2:44 PM
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Works Engineering Division
City of Fairfield
1000 Webster Street
Fairfield, CA 94533
fairfield.ca.gov
JANUARY 1, 2022, THROUGH
DECEMBER 31, 2022
2022 ANNUAL

PROGRESS

REPORT ON THE

GENERAL PLAN
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C ITY OF F AIRFIELD
2022 A NNUAL R EPORT

ON THE G ENERAL P LAN
P AGE 2 OF 11

INTRODUCTION AND PURPOSE OF THE ANNUAL PROGRESS REPORT

All jurisdictions are required to provide Annual Progress Reports (Annual Report) summarizing the implementation of their General Plans per California Government Code Section 65400(b), which states, “the planning agency shall provide an annual report to the legislative body on the status of the plan and progress in its implementation, including the pro gress in meeting its share of regional housing needs…”

The existing General Plan (Plan) represents the City’s vision for the future over a 20-year period.

The Plan identifies the general location of land uses and desired population and building densities throughout the community. The Plan contains goals and objectives relating to housing, transportation, safety, open space and conservation, economic development and urban design.

Policies and implementation programs dictate how the City will meet its planning goals.

This report describes the City’s progress in implementing the policies and programs of the General Plan as set forth in the General Plan Implementation Program, incl uding the City’s progress on providing its share of regional housing needs. The report is divided into topic areas based on the City’s General Plan Elements. This is the 21st Annual Report prepared by the Community Development Department since the 2002 General Plan Update. For further information or additional copies of this report, please contact:

Jessie Hernandez, Associate Planner
City of Fairfield
Community Development Department
1000 Webster Street, 2nd Floor
Fairfield, CA 94533
707-428-7450
[email protected]

The Annual Report is also available on the City’s website at www.fairfield.ca.gov under “Community Development Department.”

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C ITY OF F AIRFIELD
2022 A NNUAL R EPORT

ON THE G ENERAL P LAN
P AGE 3 OF 11

GENERAL PLAN UPDATE

This Annual Report was prepared and reviewed in 2023 based on the General Plan Implementation Program of the 2002 General Plan Update. The City is currently updating its General Plan, which is anticipated to be completed in late 2023. This will be the first completely new General Plan for the City since 1992.

DEVELOPMENT IN 2022

Key projects approved, under construction, and/or completed during 2022 included:

RESIDENTIAL:
• Enclave at Red Top
• One Lake (Canon Station)
• Ivy Crossing
• Paradise Valley Estates
• Villages at Fairfield
• Village Oaks
• East Tabor Family Apartments (time extension)
• One Lake Family Apartments
• Green Valley II Apartments
• Gold Hill III
• Train Station Specific Plan Area 5
• Midway Meadows
• Brighton Place
• Green Valley 3 Apartments
• Sunset Avenue Apartments
• Parkside Flats (approved)
• Fairhaven Commons (under construction)
• Monte Verde
• Brio Studio Mixed Use

COMMERCIAL, INDUSTRIAL AND OFFICE:
• Dutch Bros Drive-Thru
• StorQuest Self Storage
• 80-12 Industrial Center
• Raising Cane’s Drive-Thru
• Sonic Drive-Thru
• Popeye’s Drive-Thru Restaurant
• Canon Station Community Clubhouse
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C ITY OF F AIRFIELD
2022 A NNUAL R EPORT

ON THE G ENERAL P LAN
P AGE 4 OF 11
COMMERCIAL, INDUSTRIAL AND OFFICE:
• Brio Studio Mixed-Use Office Space
• Valley Strong Administrative Office Building
• Yelton Industrial Building
• Logistics Center Buildings 3, 4, and 5 (BLD22-00049)
• CarMax
• Storage PRO Buildings A, B, C, D, E, and F
• Green Valley Apartments Clubhouse
• Pittman Self Storage
• BMW of Fairfield
• Inglebright Industrial
• PDC Green Valley Industrial Buildings A, B, and C

LAND USE ELEMENT

Zoning Ordinance Cleanup. Staff continued to update the Zoning Ordinance and Zoning Map to correct and clarify language, ensure the Ordinance remains consistent with state law and codify new policies. In 2022, amendments brought the City into full conformance with State requirements for accessory dwelling units, adjusted permitted and conditionally permitted uses in alignment with General Plan goals and objectives, and updated common open space requirements to ensure usable open spaces.

Train Station Specific Plan. The City Council adopted the Train Station Specific Plan in July 2011.

The Specific Plan envisions parks, schools, open space, commercial, industrial , residential, and office land uses arranged in neighborhoods, including a “transit village” near the Train Station.

In 2022, the development of new neighborhoods continued at a rapid pace in Planning Area 4.

Notably, construction of the One Lake subdivision and One Lake Family Apartments project progressed significantly, with about 70% of the One Lake subdivision completed and the One Lake Family Apartments readying to request final inspections. Infrastructure construction to support the new development also continued. The City also approved the Master Planned Unit Development Permit and Tentative Subdivision Map for Planning Area 1 of the Specific Plan in 2022.

Heart of Fairfield Specific Plan. In 2017, the City Council adopted the Heart of Fairfield Plan for Downtown Fairfield, which includes both the traditional downtown area and the West Texas Street corridor. Specific activities initiated or completed in 2022 include:

• City oversight of the Fairfield Farmers Market, Tomato and Vine Festival, 4th of July and Veterans Day Parades, and Holiday Tree Lighting; and
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• Art in Public Spaces Program implementation, including a new mural installation; and • Bank of America site purchase; and
• Six façade improvements funded by the “Revitalization and Enhancement Assistance Program” (REAP) Façade Improvement Program; and
• Initiation of the Relocation Study for PG&E Substation; and • Downtown Striping and Intersection Improvement Project; and • Vibrant Vacancy Program launch; and
• Downtown Banner Program.

HOUSING ELEMENT

New Construction. Active housing construction continued throughout 2022, with residential development focused primarily in northeast Fairfield and Cordelia. The One Lake community continued to see building permits issued throughout 2022. The City issued 366 building permits for residential projects in 2022, including 17 Accessory Dwelling Units.

Table 1 summarizes the City’s progress in meeting the Regional Housing Need Allocation (RHNA) assigned by the California Department of Housing and Community Development (HCD) and the Association of Bay Area Governments. RHNA numbers do not represent a requirement to build affordable housing if resources to support construction are not available and market conditions limit the ability of the City or private entities to build lower cost housing. Fairfield entitled three affordable housing projects by EAH Housing, Habitat for Humanity and Integrity Housing in 2022 totaling 238 units. The Habitat for Humanity project will provide three single-family homes for affordable homeownership for low-income households. EAH Housing received a two-year entitlement extension for a 67-unit apartment building, primarily for extremely low-income households. The Integrity Housing project furthers the Heart of Fairfield Specific Plan as its located on a catalyst site and meets the desired land use and level of density.

As in past years, the numbers reported in Table 1 are new construction—building permits that have been issued in 2022. City housing policies continue to emphasize preserving housing affordability through rehabilitation loans, first-time homebuyer programs, and mortgage credit certificates. These programs have enabled lower-income households to purchase homes in market priced residential neighborhoods. In addition, short sales and foreclosure sales continued to provide opportunities for lower and moderate-income households with credit and down payments.

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Table 1. 5th Cycle Regional Housing Need Allocation Progress from January 1, 2014, through December 31, 2022
Income Level
Year Extremely
Low
Very Low Low Moderate Above
Moderate
Total
Projected Need
2014-2022
390 779 404 456 1,461 3,100
Units Built
2014-2022
39 152 109 428 3,085 3,774

Remaining Need 351 627 295 28 0 0
Sources: “Projected Need” is the Regional Housing Need Allocation assigned through Association of Bay Area Governments and Solano County Subregional Group. New construction data provided by City of Fairfield Building Division. The remaining need is the sum total of the remaining need under each income level column. The City has in fact built more than the allocated number of units in the “Above Moderate Income” category.

State Housing Element Annual Progress Report. The State of California also requires the City to submit a comprehensive digital report, the Housing Element Annual Progress Report, which includes all housing entitlement applications (Planning and Building Permit), permits issued, permits finalized, income levels for each entitlement or building permit, funding sources for affordable housing projects, and compliance with State permit streamlining mandates. This full report is available on the Community Development Department webpage. Attached below is the Summary sheet, which compiles key information from the Annual Progress Report.

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Table 2. 2023 Annual Progress Report Summary Sheet

HUD Housing Choice Voucher Program (HCV). The HCV program provides rental assistance to low-income families. Program assistance is provided on behalf of the participant family. Each family is responsible for locating their own housing, which promotes “housing choice” and Packet Page 37 of 482Attachment 1 Page 7 of 11

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encourages economic mobility. In 2022, the Fairfield Housing Authority (FHA) received funding to administer 894 Housing Choice Vouchers (HCV), updated its Voucher operating system to a more modern cloud-based system and updated its Voucher Administrative Plan to establish waitlist preferences more reflective of current needs within the Fairfield community. The HCV program also entered a contract with a consultant to ensure that each housing unit in the program undergoes a biannual Housing Quality Standard (HQS) inspection to validate that units are safe and sanitary for program participants. The HCV Program has also partnered with four affordable housing developments which will create 103 Project-Based units available to Fairfield households.

HOME Tenant Based Rental Assistance (TBRA) Program. FHA continued to successfully administer the Tenant Based Rental Assistance (TBRA) program. This program is designed to assist households in affording the rising cost of market-rate rental units. Assistance varies but can include housing subsidies, security deposits, and utility assistance. Levels of subsidy vary based on income, household composition, and need. In 2022, the TBRA program guidelines were modified to focus services on residents that were either homeless or at risk of homeless with an income no greater than 30% Area Median Income (AMI).

Housing Rehabilitation Assistance. Housing Rehabilitation Program loans and grants are targeted to low-income (single-family) and low- and very low-income (multifamily) households.

In 2022, the program guidelines and contracts were modified to prepare the program for more efficient future operations. Approximately 10 households were added to the list of eligible households to receive rehab loans via the Community Development Block Grant program funds.

Housing Successor Agency. As required by state law (Senate Bill 341), the Fairfield Housing Successor Agency prepared an Annual Report, which was presented to the City Council; disposed of one property for low-income ownership development and formerly declared two other properties as surplus land.

OPEN SPACE, CONSERVATION AND RECREATION ELEMENT

Rockville Hills Regional Park. The City continued to implement priorities identified by the City Council in 2007, focusing on maintenance and fire hazard reduction. City activities included limiting access during critical fire days, basic maintenance, and minor trail improvements.

Community Spaces Initiative. The design of Phase 3 of the Allan Witt Park portion of the Community Spaces Initiative neared completion in 2022. This work includes a new all-inclusive play area and shade structure, restrooms, and an adjacent parking lot.

One Lake Park. The City approved an improvement agreement for Phase II of One Lake Park.

Phase II improvements along the north side of the Lake will continue the trend of creating themed zones within the loop-shaped park. Improvements will include seating areas, several play Packet Page 38 of 482Attachment 1 Page 8 of 11

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structures and the northerly parking lot. The City also approved regulations governing the use of the Park.

Lake Trail Park. The City approved an improvement agreement for the Lake Trail Park in the One Lake subdivision. The park will be located just west of Lake Park. Improvements will include seating areas, several play structures, large turf areas, and a native pollinator garden with informational signage.

Matt Garcia Community Park. The City approved a design contract with Gates and Associates for a fourth Community Park. This park, planned as a part of the Train Station Specific Plan area, will serve residents in Northeast Fairfield. In conjunction with initiating the design for the 50-acre park, the City approved its name in honor of former City Councilperson Matt Garcia.

CIRCULATION ELEMENT

AB1600 Traffic Impact and Northeast Area Impact Fees. The Municipal Code requires the City to periodically review the City’s program for infrastructure and increase or decrease fees based on updated project costs, project needs, available revenue sources, and other economic considerations. In 2022, staff prepared updated development impact fee nexus studies to evaluate the need for an increase or decrease in fees pursuant to the Municipal Code. The City Council determined that the 2022 nexus studies comply with California State Code and adopted the studies and recommended impact fees.

Downtown Striping and Intersection Improvement Project. In 2018, the City received a concept plan from downtown business owners to reconfigure selected downtown streets by converting on-street parallel parking to angled parking and converting to one-way travel. The purpose of the project was to increase on-street parking and reduce cut-through traffic. The City completed studies analyzing an area of Downtown Fairfield and found that the performance level of the roadways was within the City’s acceptable stan dards and implementing the improvements was feasible. Staff conducted public outreach, solicited bids, selected a contractor, and completed the circulation improvements in 2022.

Short-Range Transit Plan (SRTP). The Metropolitan Transportation Commission (MTC) requires public transit operators in the MTC region to prepare and regularly update an SRTP. The City updated its SRTP in 2022 to plan for financial and service needs over a five-year period and identify the impacts of COVID-19 on public transit.

PUBLIC FACILITIES AND SERVICES ELEMENT

Solano Multi-Jurisdiction Hazard Mitigation Plan (MJHMP). The MJHMP is a countywide plan that identifies risks and ways to minimize damage from natural and manmade disasters. The Packet Page 39 of 482Attachment 1 Page 9 of 11

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federal Disaster Mitigation Act of 2000 requires all local governments to create such a disaster plan and update it every five years in order to qualify for hazard mitigation funding. The MJHMP update began in 2021 and was approved in March 2022.

Emergency Operations Plan. In 2020, the City began updating its Emergency Operations Plan, which was over 15 years old. A current emergency plan is critical to optimiz e response and recovery operations resulting from an emergency or disaster falling outside the realm of routine responsibility. The City Council approved the updated Emergency Operations Plan in March 2022.

Water Treatment Plant Ozone System Improvements. The City completed the North Bay Regional Water Treatment Plant Ozone System Improvements Project in January 2022 to improve ozone water treatment abilities.

ECONOMIC DEVELOPMENT ELEMENT

Business Recruitment and Retention Programs. In 2022, Economic Development Division staff continued to implement the City’s business recruitment and retention programs. Through the Economic Development Strategic Plan, staff marketed to target industries, networked with brokers and property owners, responded to leads and inquiries with marketing and property information; prepared recruitment mailings, calls, and visits; and arranged business retention visits to existing employers.

Attraction efforts brought a new BMW Dealership to Fairfield Auto mall, with construction almost completed in 2022. With a positive construction experience, the BMW dealership ownership group communicated their plans to open a Volkswagen dealership in the Auto mall as well.

Land Sales. The City purchased the Bank of America site in the downtown area. The City plans to merge the site with an adjacent City-owned property and construct a mixed-use development in alignment with the Heart of Fairfield Specific Plan.

Economic Development Strategic Plan. In 2022, the Economic Development Division began implementation of the Economic Development Strategic Plan. The plan provides three strategic “roadmaps” to promote new brand identities and attract businesses in targeted industry clusters.

The Heart of Fairfield Downtown Roadmap focuses on the transformation of the downtown into a destination branded as Fairfield’s Food and Arts District. The Business and Industrial Parks Roadmap recommends promotion of our parks as the North Bay’s emerging business and industry hub. The Marketing and Business Attraction Roadmap outlines a multi-faceted marketing strategy to support the promotion of the new identities for the downtown and business and industrial parks. In order to assist with the tasks outlined in the plan, the Economic Development Division hired J Stokes & Associates, a Bay Area marketing and social media firm.

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Heart of Fairfield Plan. The Economic Development Team is continuing to contribute toward the overall goals of the Heart of Fairfield plan by implementing the tasks of the Heart of Fairfield Roadmap. This work includes the successful promotion of the downtown Revitalization and Enhancement Assistance Program (REAP) to six downtown buildings, a partnership with the police department to host downtown Business Watch meetings, a downtown monthly newsletter called Downtown Pulse, and the implementation of a downtown banner program.

TRAVIS PROTECTION ELEMENT

Travis Community Consortium. The Travis Community Consortium (TCC) is a coalition whose active members include the Cities of Benicia, Dixon, Fairfield, Suisun City, Rio Vista, Vacaville, and Vallejo, as well as Solano County, Solano EDC, Travis Credit Union, and the Travis Regional Armed Forces Committee. The purpose of the TCC is to support efforts that enhance the military value of Travis Air Force Base and secure the base against future rounds of Base Realignments and Closures (BRAC) or other movements detrimental to the installation and local community, such as sequestration. The protection and enhancement of operations for Travis Air Force Base have long been a City priority because of the economic benefit to the community, currently estimated at approximately $1.7 billion.

Solano EDC is providing staffing to the TCC. The TCC continued to focus on the retention of existing assets (C-5, C-17) and missions, and supporting new assets such as the KC-46. With unpredictable base cuts due to periodic and ongoing sequestration, the TCC continue s to focus on preserving these missions by engaging with key leadership at Travis Air Force Base, the Pentagon, Capitol Hill, and the Air Mobility Command. The TCC also continues support from federal representatives to preserve Travis’s existing aircraft, including technology upgrades and ongoing maintenance funding.

In 2022, City staff continued discussions with Travis Air Force Base regarding a major project for the base construction of a parallel taxiway for the easternmost runway. These discussions include the transfer of portions of the City and County-shared “Wilcox Ranch” property. Staff also coordinated with the Base on their update of the Travis 100 document, the Base’s guide for long- range planning decisions. In addition, City staff continued discussions with the base regarding potential uses on 75 acres of vacant property on-base near Vanden High School. This land is expected to be part of the Enhanced Use Lease Area (EULA) program.

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Agenda Item No: 6.

AGENDA REPORT
DATE:March 21, 2023
TO:Mayor and City Council
FROM:David Gassaway, City Manager
SUBJECT:Continued Resolution 202336 of the City Council of the City of Fairfield Upholding the Planning Commission’s Decision and Approving a Minor Development Review (MD2021011), Use Permit (UP2021002), and Environmental Review (ER2021009), and Partially Granting an Appeal by Steve Mirabito/ StoragePro of Fairfield, LLC to Modify the Conditions of Approval, for a Recreational Vehicle Storage Facility, with the Capacity for 138 Vehicles, and Solar Carports on a ±4.21Acre Parcel at 490 Edison Court (APN: 0180130110)
RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Zoning Ordinance allows any party aggrieved or affected by a decision or determination by the Planning Commission (Commission) to file an appeal within 14 business days following the Commission’s decision. When an appeal has been filed, the community development director shall schedule the matter for consideration by the City Council within 45 days of the appeal submittal.

On October 26, 2022, the Commission passed Resolution PC202212 regarding the Edison RV Storage project. On December 29, 2023, the project applicant filed an appeal to the Community Development Department. In accordance with Zoning Ordinance Section 25.44.2 Appeal Filing, the appeal was submitted beyond the proper filing date. Despite the untimeliness of the appeal filing, staff and legal counsel recommended that the council hear the appeal and allow the applicant to exhaust all their remedies for action. It should be noted that this recommendation was due to the unusual circumstance of an inconsistent Commission agenda for the October 26, 2022, meeting.

On February 21, 2023, the council held a duly noticed public hearing for the appeal and motioned to partially approve the request by removing the trash enclosure signage special condition and preserving the standard trash enclosure and indemnification conditions.

DISCUSSION
Project Description:The project proposal is a recreational vehicle (RV) storage facility with Packet Page 42 of 482

DISCUSSION
Project Description:The project proposal is a recreational vehicle (RV) storage facility with covered carport structures and associated site utilities and infrastructure improvements. The project consists of 132 covered parking stalls and an additional 6 uncovered parking stalls. The project, as proposed and conditioned, meets all required City development regulations. Further project analysis can be reviewed in the attached October 12 and October 26, 2022, Commission reports.

Summary of Appeal to City Council:The appellant has provided a multiplepoint appeal letter requesting five conditions of approval for the project to be removed or revised; 1) signage that states customers shall have access to waste receptacles/carts for waste disposal; 2) requiring the final signage design and location to be reviewed and approved by the Public Works Department; 3/4) the City’s indemnification clause [which is conditioned in both the Minor Development Conditions of Approval and the Use Permit]; and 5) construction of a 13ft by 8ft trash enclosure. The appeal documents are attached as Exhibit E of the February 21, 2023, Agenda Report.

The appeal reiterates the Commission’s appeal that the signage condition will adversely affect the business by overburdening the operations with waste management responsibilities that exceed what is appropriate for RV storage use. The appellant claims that the condition is unreasonable and will encourage the dumping of imported waste, including hazardous materials.

Furthermore, the appeal cites that the condition goes beyond the requirements of, and violates, Fairfield Municipal Code Section 9.230 Litter due to the facility generating little waste. The appeal concludes that the condition should be removed because there are no code regulations that require the signage, and it is more than what is necessary. In correlation to the signage condition, the appellant requests the condition for the Public Works Department to review and approve the sign’s final design and location to be removed because it is not prescriptive enough.

The appeal restates the assertion that the City’s indemnification clause condition is too broad when combined with the signage requirement. The appellant claims there is an increased liability risk due to the signage conditions. Should the signage conditions remain, the appellant requests the indemnity conditions be revised to require the City to accept joint and several liabilities for any claims arising out of the disposal of hazardous waste on the site.

The appeal also requests that the council remove the condition to construct a 13ft by 8ft trash enclosure, as modified by the commission. The appeal asserts that the construction of an enclosure is unreasonable and unrelated to the waste generation of the RV storage use, and that waste carts can be utilized and stored indoors in place of an enclosure.

The appeal additionally claims that the Commission improperly held two hearings on the initial appeal. The appellant states that Resolution PC202212 should have been placed on the consent calendar for the Commission’s October 26, 2022, meeting. Furthermore, the appellant notes that the appeal was placed on the agenda as a public hearing. While City staff and legal counsel noted that the appeal item was, in fact, not a public hearing, the appellant asserts that a quasi hearing was held.

Lastly, the appeal requests for the Use Permit to begin on the date of the council’s final decision.

The appeal letter concludes with a summary of the requested condition removals and revisions.

Additionally, the summary includes a statement that the filing of said appeal is timely in that it was submitted within 14 business days of December 7, 2022, the date the executed Resolution PC202212 was received by the appellant. Again, the appellant submitted their appeal letter to the City on December 29, 2022.

February 21, 2023 City Council Meeting:The appeal request was brought to council in compliance with Section 25.44.3 Appeal Processing of the Zoning Ordinance. City staff provided a presentation covering the project scope, previous hearings and actions, the proposed council appeal request, and staff’s analysis of the request. Staff recommended the council uphold the Commission’s resolution to approve the development of the project with all the conditions of approval in place. Staff also provided three alternative actions for the council to potentially take; 1) approve the appeal in full, 2) partially approve the appeal by removing the waste management signage, or 3) modify the conditions as desired.

The appellant was then provided an opportunity to present their appeal reasonings. The council asked the appellant questions regarding the project’s business operations, specifically as it relates to cleaning RV’s and disposing of waste. To which, the appellant reiterated that the project is purely for storage and is not to be used as an RV park where water and sewer services are present to clean the vehicles. Discussion was had amongst the council that RVs are typically cleaned before being parked and stored at a facility like the project proposal. Further clarification was provided by city staff that the proposed waste management special conditions are not required by the City’s municipal code. Whereas the standard trash enclosure condition is required per Section 9.410 Commercial/Industrial – Containers. Additionally, staff explained that the indemnification conditions were prepared with guidance from legal counsel and is a standard condition applied to every development project and conditional use permit.

The council motioned and passed an alternative action to approve the project and partially grant the appeal by removing the special condition related to waste management signage. Staff was then directed to revise the resolution and return the item to a later council meeting for consent.

FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
For the February 21, 2023, City Council meeting, a public hearing notice was published in the Daily Republic newspaper on February 10, 2023 mailed to all persons who own property within 500 feet of the subject property.

The Commission held the following duly noticed public hearings to consider a previous appeal:

October 26, 2022:The Commission adopted Resolution PC202212 upholding the decision of the Zoning Administrator to approve a Minor Development Review, Use Permit, and Environmental Review, and partially granting an appeal by Steve Mirabito/StoragePro of Fairfield, LLC to modify the conditions of approval.

October 12, 2022:The Commission motioned to uphold the decision of the Zoning Administrator to approve a Minor Development Review, Use Permit, and Environmental Review, and partially granted an appeal by Steve Mirabito/StoragePro of Fairfield, LLC, to modify the conditions of approval. The direction was provided to staff to revise Resolution PC202212 to meet the motion.

The Zoning Administrator held the following duly noticed public hearings to consider the project entitlement requests:

August 1, 2022:The Zoning Administrator granted Minor Development Review, Use Permit, and Environmental Review approvals to construct a Recreational Vehicle Storage facility within the Limited Industrial (IL) Zoning District on a property at 490 Edison Court, Fairfield.

June 13, 2022:The Zoning Administrator held and continued a public hearing for a Minor Development Review, Use Permit, and Environmental Review request to construct a Recreational Vehicle Storage facility within the Limited Industrial (IL) Zoning District on a property at 490 Edison Court, Fairfield.

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Agenda Item No: 6.AGENDA REPORTDATE:March 21, 2023 TO:Mayor and City CouncilFROM:David Gassaway, City ManagerSUBJECT:Continued Resolution 202336 of the City Council of the City of Fairfield Upholding thePlanning Commission’s Decision and Approving a Minor Development Review(MD2021011), Use Permit (UP2021002), and Environmental Review (ER2021009),and Partially Granting an Appeal by Steve Mirabito/ StoragePro of Fairfield, LLC toModify the Conditions of Approval, for a Recreational Vehicle Storage Facility, with theCapacity for 138 Vehicles, and Solar Carports on a ±4.21Acre Parcel at 490 EdisonCourt (APN: 0180130110)RECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEThe Fairfield Zoning Ordinance allows any party aggrieved or affected by a decision or determinationby the Planning Commission (Commission) to file an appeal within 14 business days following theCommission’s decision. When an appeal has been filed, the community development director shallschedule the matter for consideration by the City Council within 45 days of the appeal submittal.On October 26, 2022, the Commission passed Resolution PC202212 regarding the Edison RVStorage project. On December 29, 2023, the project applicant filed an appeal to the CommunityDevelopment Department. In accordance with Zoning Ordinance Section 25.44.2 Appeal Filing, theappeal was submitted beyond the proper filing date. Despite the untimeliness of the appeal filing, staffand legal counsel recommended that the council hear the appeal and allow the applicant to exhaust alltheir remedies for action. It should be noted that this recommendation was due to the unusualcircumstance of an inconsistent Commission agenda for the October 26, 2022, meeting. On February 21, 2023, the council held a duly noticed public hearing for the appeal and motioned topartially approve the request by removing the trash enclosure signage special condition and preservingthe standard trash enclosure and indemnification conditions. DISCUSSIONProject Description:The project proposal is a recreational vehicle (RV) storage facility withcovered carport structures and associated site utilities and infrastructure improvements. Theproject consists of 132 covered parking stalls and an additional 6 uncovered parking stalls. Theproject, as proposed and conditioned, meets all required City development regulations. Furtherproject analysis can be reviewed in the attached October 12 and October 26, 2022, Commissionreports. Summary of Appeal to City Council:The appellant has provided a multiplepoint appeal letterrequesting five conditions of approval for the project to be removed or revised; 1) signage thatstates customers shall have access to waste receptacles/carts for waste disposal; 2) requiringthe final signage design and location to be reviewed and approved by the Public WorksDepartment; 3/4) the City’s indemnification clause [which is conditioned in both the MinorDevelopment Conditions of Approval and the Use Permit]; and 5) construction of a 13ft by 8fttrash enclosure. The appeal documents are attached as Exhibit E of the February 21, 2023,Agenda Report.The appeal reiterates the Commission’s appeal that the signage condition will adversely affectthe business by overburdening the operations with waste management responsibilities thatexceed what is appropriate for RV storage use. The appellant claims that the condition isunreasonable and will encourage the dumping of imported waste, including hazardous materials.Furthermore, the appeal cites that the condition goes beyond the requirements of, and violates,Fairfield Municipal Code Section 9.230 Litter due to the facility generating little waste. The appealconcludes that the condition should be removed because there are no code regulations thatrequire the signage, and it is more than what is necessary. In correlation to the signage condition,the appellant requests the condition for the Public Works Department to review and approve thesign’s final design and location to be removed because it is not prescriptive enough. The appeal restates the assertion that the City’s indemnification clause condition is too broadwhen combined with the signage requirement. The appellant claims there is an increased liabilityrisk due to the signage conditions. Should the signage conditions remain, the appellant requeststhe indemnity conditions be revised to require the City to accept joint and several liabilities for anyclaims arising out of the disposal of hazardous waste on the site.The appeal also requests that the council remove the condition to construct a 13ft by 8ft trashenclosure, as modified by the commission. The appeal asserts that the construction of anenclosure is unreasonable and unrelated to the waste generation of the RV storage use, and thatwaste carts can be utilized and stored indoors in place of an enclosure. The appeal additionally claims that the Commission improperly held two hearings on the initialappeal. The appellant states that Resolution PC202212 should have been placed on the consentcalendar for the Commission’s October 26, 2022, meeting. Furthermore, the appellant notes thatthe appeal was placed on the agenda as a public hearing. While City staff and legal counselnoted that the appeal item was, in fact, not a public hearing, the appellant asserts that a quasihearing was held. Lastly, the appeal requests for the Use Permit to begin on the date of the council’s final decision. The appeal letter concludes with a summary of the requested condition removals and revisions.Additionally, the summary includes a statement that the filing of said appeal is timely in that it wassubmitted within 14 business days of December 7, 2022, the date the executed ResolutionPC202212 was received by the appellant. Again, the appellant submitted their appeal letter tothe City on December 29, 2022.February 21, 2023 City Council Meeting:The appeal request was brought to council incompliance with Section 25.44.3 Appeal Processing of the Zoning Ordinance. City staff provideda presentation covering the project scope, previous hearings and actions, the proposed councilappeal request, and staff’s analysis of the request. Staff recommended the council uphold theCommission’s resolution to approve the development of the project with all the conditions ofapproval in place. Staff also provided three alternative actions for the council to potentially take; 1)approve the appeal in full, 2) partially approve the appeal by removing the waste managementsignage, or 3) modify the conditions as desired. The appellant was then provided an opportunity to present their appeal reasonings. The councilasked the appellant questions regarding the project’s business operations, specifically as itrelates to cleaning RV’s and disposing of waste. To which, the appellant reiterated that the projectis purely for storage and is not to be used as an RV park where water and sewer services arepresent to clean the vehicles. Discussion was had amongst the council that RVs are typicallycleaned before being parked and stored at a facility like the project proposal. Further clarificationwas provided by city staff that the proposed waste management special conditions are notrequired by the City’s municipal code. Whereas the standard trash enclosure condition is requiredper Section 9.410 Commercial/Industrial – Containers. Additionally, staff explained that theindemnification conditions were prepared with guidance from legal counsel and is a standardcondition applied to every development project and conditional use permit.The council motioned and passed an alternative action to approve the project and partially grantthe appeal by removing the special condition related to waste management signage. Staff wasthen directed to revise the resolution and return the item to a later council meeting for consent.FINANCIAL IMPACTN/APUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONFor the February 21, 2023, City Council meeting, a public hearing notice was published in the DailyRepublic newspaper on February 10, 2023 mailed to all persons who own property within 500 feet ofthe subject property.The Commission held the following duly noticed public hearings to consider a previous appeal:October 26, 2022:The Commission adopted Resolution PC202212 upholding the decision ofthe Zoning Administrator to approve a Minor Development Review, Use Permit, andEnvironmental Review, and partially granting an appeal by Steve Mirabito/StoragePro of Fairfield,LLC to modify the conditions of approval. October 12, 2022:The Commission motioned to uphold the decision of the Zoning Administratorto approve a Minor Development Review, Use Permit, and Environmental Review, and partiallygranted an appeal by Steve Mirabito/StoragePro of Fairfield, LLC, to modify the conditions ofapproval. The direction was provided to staff to revise Resolution PC202212 to meet the motion.The Zoning Administrator held the following duly noticed public hearings to consider the project entitlementrequests:August 1, 2022:The Zoning Administrator granted Minor Development Review, Use Permit, andEnvironmental Review approvals to construct a Recreational Vehicle Storage facility within theLimited Industrial (IL) Zoning District on a property at 490 Edison Court, Fairfield. June 13, 2022:The Zoning Administrator held and continued a public hearing for a Minor Development Review, Use Permit, and Environmental Review request to construct a Recreational Vehicle Storage facility within the Limited Industrial (IL) Zoning District on a property at 490 Edison Court, Fairfield.

ALTERNATIVE ACTION
The council may choose to deny the resolution. In this instance, the project would not be approved and the appeal would not be granted in whole or partially.

STAFF CONTACT
Meily M Sheehan, Interim Planning Division Manager
(707) 4287474
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Public Works Department ATTACHMENTS:

Description
Proposed Resolution
Exhibit A Minor Development Review Conditions of Approval (MD2021011) Exhibit B Use Permit (UP2021002)
Attachment 1: 20230221 City Council Agenda Report and Reso 202336 Attachment 2: 20221229 Planning Commission Appeal Application Attachment 3: 20221026 Planning Commission Resolution PC202212, Minutes and Staff Report
Attachment 4 20221012 Planning Commission Minutes and Staff Report Attachment 5 20220823 Zoning Admin Appeal Letter
Attachment 6 20220802 Zoning Administrator Approval Letter Attachment 7 20220801 Zoning Administrator SignIn Sheet Attachment 8 20220801 Zoning Administrator Hearing Public Comments Attachment 9 20220729 Appeal Letter to Draft Conditions REVIEWERS:

Reviewer Action Date
Sheehan, Meily Approved 3/9/2023 4:37 PM
Feinstein, David Approved 3/9/2023 8:13 PM
Beavers, Esther Approved 3/10/2023 11:40 AM
Beavers, Esther Approved 3/10/2023 11:41 AM
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CITY OF FAIRFIELD

RESOLUTION NO. 2023-36

RESOLUTION 2023-36 OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD UPHOLDING THE PLANNING COMMISSION’S DECISION AND APPROVING A MINOR DEVELOPMENT REVIEW (MD2021-011), USE PERMIT (UP2021-002), AND ENVIRONMENTAL REVIEW (ER2021-009),

AND PARTIALLY GRANTING AN APPEAL BY STEVE MIRABITO/STORAGEPRO OF FAIRFIELD, LLC

TO MODIFY THE CONDITIONS OF APPROVAL, FOR 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)

WHEREAS, on April 7, 2021, applications for a Minor Development Review (MD2021-011), Use Permit (UP2021-002), and Environmental Review (ER2021-009) for a recreational vehicle (RV) storage lot, with the capacity for 138 vehicles and solar carports on a ±4.21 -acre parcel at 490 Edison Court (Project) were properly filed with the Community Development Department in accordance with the rules and regulations governing the official filing of such applications; and

WHEREAS, the Zoning Administrator held a duly noticed public hearing on June 13, 2022, to consider the request for a Minor Development Review, Use Permit, and Environmental Review in conformance with Section 25.43.2 of the City Zoning Ordinance; and

WHEREAS, on August 1, 2022, the Zoning Administrator held a continued public hearing to consider the said request for a Minor Development Review, Use Permit, and Environmental Review in conformance with Section 25.43.3 of the City Zoning Ordinance; and

WHEREAS, on August 1, 2022, the Zoning Administrator determined that the findings for a Minor Development Review, Use Permit, and Environmental Review to develop an RV storage facility, as conditioned, were met in accordance with Section 25.40 and thereby approved the Minor Development Review, Use Permit, and Environmental Review; and

WHEREAS, on August 23, 2022, Steve Mirabito/StoragePro at Fairfield, LLC properly filed an appeal of the Zoning Administrator’s decision regarding the RV storage facility in accordance with the rules and regulations governing the official filing of appeals; and

WHEREAS, on October 12, 2022, the commission held a duly noticed public hearing. The City staff presented substantial factual information regarding the proposed Project in staff reports and through oral presentations before the commission. The commission considered all public testimony and information presented during the public hearin g regarding this application, motioned, and directed staff to modify the project’s conditions of approval; and

WHEREAS, on October 26, 2022, the commission held a public meeting. The City staff presented substantial factual information regarding the proposed Project in staff reports and through oral Packet Page 46 of 482Attachment 1 Page 1 of 4

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presentations before the commission. The commission received public comment. The commission considered all information presented regarding this application , motioned, and passed the resolution upholding the decision of the Zoning Administrator to approve a Minor Development Review, Use Permit, and Environmental Review, and partially granting an appeal to modify the conditions of approval; and

WHEREAS, the commission has determined that the proposed project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guidelines, Section 15332; and

WHEREAS, on December 29, 2023, Steve Mirabito/StoragePro at Fairfield, LLC filed an appeal of the commission’s decision regarding the Project’s conditions of approval; and

WHEREAS, on February 21, 2023, the City Council held a duly noticed public hearing for the appeal pursuant to Section 25.44.3 Appeal Processing of the Zoning Ordinance. The City staff presented substantial factual information regarding the proposed Project in st aff reports and through oral presentations before the council. The council considered all public testimony and information presented during the public hearing regarding this ap plication, motioned, and passed the resolution; and

WHEREAS, the council has determined that the proposed project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guidelines, Section 15332; and

WHEREAS, the council adopts the following findings in support of the Project’s Minor Development Review, to wit:

(a) The project is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan. The site is consistent with the Limited Industrial designation on the General Plan Land Use Diagram and Zoning Ordinance. Furthermore, the Project is consistent with the following General Plan Objectives: Objective ED 2: Effectively concentrate industrial and commercial uses; Objective ED 3: Attract and retain commercial uses to support a strong, diverse economic base. These uses should be in balance with the ultimate growth of the community; Objective LU 18: Encourage infill development and compact growth; Objective UD 4: Ensure high standards of quality in development; Objective UD 8: Encourage and approve infill development which is compatible with the surrounding area.

(b) The exterior design and appearance of the project will not cause the nature of the neighborhood to economically, physically, or visually decline. The Project will be developed to specific Zoning Ordinance standards and conditions to ensure that the Packet Page 47 of 482Attachment 1 Page 2 of 4

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carport design, site improvements, lighting, and landscaping are compatible with surrounding developments. Together the design features and Project conditions will ensure that the Project will not cause the commercial area to economically, physically, or visually decline.

(c) The project is of high-quality design consistent with applicable design policies and standards of the City. The Project will be developed to specific standards and conditions to ensure consistency with existing developments in the area and complement the industrial uses. The Project has been conditioned to meet or exceed the development criteria of the City’s Design & Development Guidelines.

(d) Any potentially significant negative impacts to environmental quality and natural resources have been properly screened out. For this reason, the proposed project complies with the California Environmental Quality Act (CEQA). The Project is categorically exempt from CEQA pursuant to Section 15332 In-Fill Development Projects.

WHEREAS, the council adopts the following findings in support of the Project’s Use Permit to allow an RV Storage Facility in the Limited Industrial (IL) Zoning designation, to wit:

(a) The location, size, design, operating characteristics, and intensity of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The proposed and conditioned, RV storage is appropriate for the IL zoning designation and will operate in tandem with the adjacent mini-storage facility to the east.

(b) 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 General Plan policies.

(c) Any potentially significant negative impacts to environmental quality and natural resources have been properly screened out. For this reason, the proposed Conditional Use Permit complies with the California Environmental Quality Act (CEQA). The proposed project has been determined to be categorically exempt as an in-fill development project under CEQA Guidelines Section 15332.

(d) Adequate facilities, such as roads, utilities, and City services are provided to serve the use or will be provided as conditions of approval for the Use Permit. All infrastructure and utilities exist for available connection in Edison Court.

(e) The proposed use will not create either an imbalance or overabundance of similar uses in the vicinity. The proposed use will not create an overabundance of similar RV storage uses in the vicinity.

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(f) The proposal will not constitute a nuisance or be detrimental to the health, safety, morals, peace, or the general welfare of the surrounding 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 surrounding 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.

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

Section 1. To uphold the commission’s resolution to approve a Minor Development Review, Use Permit, and Environmental Review to develop an RV storage facility at 490 Edison Court, and partially grant an appeal to modify the conditions of approval .

Section 2. Partially grant an appeal to further modify the conditions of approval that were approved by the Planning Commission.

Section 3. Subject to the proposed resolution being adopted by the council and becoming effective, the Minor Development Review and Use Permit are hereby approved, subject to the Conditions of Approval attached hereto.

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

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

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

_________
MAYOR

ATTEST:

____________________________

CITY CLERK
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CITY COUNCIL

CONDITIONS OF APPROVAL

Project Name: Edison RV Storage
Address: 490 Edison Court
Hearing Date: March 21, 2023
File No.: MD2021-011; UP2021-002; ER2021-009

Minor Development Review approval has been granted subject to compliance with the following conditions, which must be satisfied prior to issuance of building permits unless noted otherwise:

1.0 SPECIAL CONDITIONS

1.1 Applicant shall incorporate the following special conditions reflecting the modifications and/or needed information into their plans as part of their submittal to the Building Safety Division of the Community Development Department:
a) A stream environment zone at least 200 feet wide in its natural or existing state, which shall include the stream bed, the stream banks, and a riparian zone at least 50 feet wide, measured from the top of the channel bank shall be dedicated to the City prior to issuance of building permits. See Public Works Department condition #19 for additional information.
b) A permanent reciprocal access/parking/utility easement shall be required across common areas shared by the project site (APN: 0180-130-110) and the adjacent StoragePro facility to the east (APN: 0180-130-420) prior to issuance of building permits.

c) In accordance with Fairfield Municipal Code Section 9.220, signage identifying source- separated recyclables, organics, and garbage receptacles shall be posted on the waste containers or be subject to the review and approval of the Public Works Department.

d) The project site shall be fully screened by a solid masonry wall, or similar material accepted by the Community Development Department, with stone pilasters evenly placed every 25-feet. The wall design shall be compatible with the adjacent StoragePro development to the east at 475 Lopes Road.

1.2 Comply with the conditions of the Public Works Department as contained in the attached memo dated October 13, 2022; and

1.3 Comply with the conditions of the City of Fairfield Fire Department as contained in the attached memo dated May 12, 2021.

1.4 Comply with the attached ‘Treatment Protocol for Handling Human Remains and Cultural Items Affiliated with the Yocha Dehe Wintun Nation’ throughout the project construction. If Packet Page 50 of 482Attachment 2 Page 1 of 32

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archaeological remains or tribal cultural resources are uncovered, all construction activities shall be halted immediately until a qualified archaeologist, in consultation with the tribal monitor, can evaluate whether the resource requires further study.

A standard inadvertent discovery clause shall be included in every construction contract to inform contractors and subcontractors of this condition.

2.0 APPROVAL TIME LIMITS/REVOCATION

2.1 Approval of this application shall expire two (2) years from the date of approval. If building permits are not issued and diligently pursued toward completion, or the approved use has not commenced if no permits are required, the approval shall be void. A time extension may be granted if a written request is submitted by the applicant to the Community Development Department prior to the expiration of the application.

3.0 GENERAL REQUIREMENTS

3.1 The project shall proceed only in accordance with the approved plans titled “Edison RV Boat Storage,” as prepared by Stark Designs Architecture, consisting of four (4) sheets, dated "Received August 11, 2021", except as may be modified by the conditions contained herein and approved by the Planning Division pursuant to Section 3.2, and shall proceed in accordance with the Fairfield City Code. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval and required improvements, such as landscaping, shall be completed to the satisfaction of the City.

3.2 Submit the required number of sets of plans to the Building Safety Division of the Community Development Department for review and approval. Plans shall incorporate all conditions of approval and reflect the modifications and/or contain needed information prior to the issuance of building permits. These plans shall include, but are not limited to, the detailed site plan, grading plan, landscape and irrigation plans, building plans, and construction details of items such as exterior lighting, walls, pavement textures, trash enclosures, and mechanical equipment.

3.3 Approval of this project shall not waive compliance with all sections of the Fairfield City Code (Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.

3.4 When submitting for Plan Check, the applicant must provide to the Community Development Department a copy of these Conditions of Development Review with a cover letter specifying how and where the revised plans address each of the conditions. Plan Check by the Community Development Department will not be completed without compliance with this condition.

3.5 All construction plans, including but not limited to, the site plan, building elevations, landscaping and irrigation plans, grading plan, mechanical drawings, street improvement plans, and detailed drawings submitted to the Building Safety Division for permits shall be coordinated for consistency by the applicant prior to issuance of any permits or prior to final map approval Packet Page 51 of 482Attachment 2 Page 2 of 32

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as applicable, or commencement of the subject use, whichever comes first. Any change or modification to one particular plan shall require the corresponding revisions on other plans. All plans shall be consistent with that approved by the Community Development Department. The applicant shall be responsible for correcting any inconsistency which may occur through error or omission during plan preparation or construction.

3.6 The project is subject to the Solano County Public Facilities Development fee. The applicant will be required to pay such fee at the rate which is in effect at the time a building permit is issued.

3.7 The Applicant, and property owner(s), and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents, and employees (collectively "Indemnitees") from and against any and all claims, actions, lawsuits, damages, losses, and liabilities arising or resulting from the granting of this approval by the City or the exercise of the rights granted by this approval. 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 Indemnitees 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 Applicant and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. In the event that such legal action is filed, the City shall estimate its expenses for litigation. Applicant 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. Applicant and property owners shall reimburse the City, and each of the Indemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

4.0 SITE DEVELOPMENT

4.1 A precise plan for all fences and retaining and screening walls shall be submitted for review and approval by the Community Development Department prior to the issuance of building permits.

Such a plan shall indicate the location, design, and construction details. Fences or walls visible from public view on or off-site shall be provided with decorative treatment.

4.2 Trash receptacle(s) are required and shall be enclosed by a minimum six (6) foot high masonry wall with metal, solid view obstructing gates pursuant to City standards. Enclosure walls shall be constructed to prevent pedestrian entrance and/or waste deposit above or below all enclosure walls and gates. A pedestrian entrance with a door is recommended. For multi-family residential projects, facilities that are connected to a sanitary sewer, and building projects over 10,000 square feet, all trash enclosures shall be provided with a roof. Food facilities must have hot and cold water plumbed into the enclosure per the Solano County Department of Environmental Health. The area directly in front of the enclosure gates shall have “NO PARKING” painted in reflective paint on the ground, additionally, “NO PARKING” signs shall be affixed to each gate. Additional waste management signage shall be posted on-site and within the enclosure to limit contamination.

The precise location and construction details shall be subject to review and approval by the Packet Page 52 of 482Attachment 2 Page 3 of 32

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Community Development Department. The enclosure shall include a reinforced concrete apron as approved by the Public Works Department. All commercial and multifamily residential projects shall meet the requirements of the California Green Building Standards Code pertaining to recyclable materials storage and handling and access to trash enclosures.

4.3 It shall be the applicant's responsibility to coordinate the location of all utility equipment with P.G. & E. Final locations of all above-ground equipment must be approved by P.G. & E., the Community Development Department, and Public Works Department prior to issuance of building permits.

4.4 All ground-mounted utility appurtenances such as transformers or air conditioning units shall be located out of public view and/or adequately screened through the use of a combination of concrete or masonry walls, or berming, painting, and/or landscaping. Said appurtenances shall be indicated on the approved landscape and irrigation plans prior to the issuance of building permits.

4.5 Any outdoor storage shall be subject to review and approval by the Community Development Department. All outdoor storage areas shall be completely screened from public view by a decorative masonry or concrete wall or approved equal. All gates shall be solid view obstructing and constructed of metal or other durable and sturdy materials acceptable to the Department.

5.0 PARKING AND VEHICULAR ACCESS

5.1 All parking spaces, aisles, entrances, and exits shall be striped per City standards. A detailed striping plan shall be provided in the construction drawings.

5.2 Any security gates and/or fences shall require details which shall be submitted to the Police and Fire Departments and Community Development Department for approval prior to issuance of building permits.

5.3 All landscaped areas adjacent to vehicle parking areas or travel lanes shall be contained by a minimum six (6) inch-high, poured-in-place, concrete curb.

5.4 All drive surfaces abutting buildings or walls, when designated for vehicular parking, shall have concrete wheel stops.

5.5 The paving section for loading and receiving areas and access to the trash enclosure shall be designed to withstand the weight of service vehicles. A section indicating the design shall be submitted for review and approval.

5.6 Provide dry sack or painted tex-cote finish to concrete bases of exterior light poles.

6.0 BUILDING DESIGN

6.1 Specific paint, siding, wall or roofing materials, finish textures, and windows or doors shall be in Packet Page 53 of 482Attachment 2 Page 4 of 32

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substantial compliance with that approved. Manufacturer specifications shall be submitted for review and approval prior to issuance of building permits. Samples of final color and materials selections may be required by the Community Development Department to verify compliance.

6.2 All mechanical equipment and appurtenances of any type, whether located on rooftops, ground level, or anywhere on the building structure, shall be screened so as not to be visible from public view on or off-site. For screening of ground-mounted equipment and appurtenances to be achieved through landscaping, such plantings must achieve full coverage within two years.

For roof-mounted equipment and appurtenances, if screening cannot feasibly achieve zero visibility due to site topography, then screening shall be implemented to the greatest extent feasible to the satisfaction of the Community Development Department.

6.3 A building section illustrating the location of all roof equipment in relation to the height of the outside parapet shall be submitted. Roof equipment shall not project above the height of the parapet or rooftop to the greatest extent feasible. When not feasible due to building design, a rooftop screen which is architecturally integrated with the building elevation and exceeds the height of the equipment shall be placed around the equipment to the satisfaction of the Community Development Department.

7.0 LANDSCAPING

7.1 This project shall utilize water conservation techniques, such as drip irrigation and drought- tolerant plant species, as required in accordance with the City's Water Efficient Landscape Ordinance.

7.2 Detailed landscape and irrigation plans shall be submitted to the Community Development Department for review and approval. Such plans shall be prepared and stamped by a California licensed landscape architect or other equally educated and qualified experienced professional to the satisfaction of the Community Development Department and accompanied by a statement or stamp by a California licensed landscape architect or other equally educated and qualified experienced professional that the plans meet or exceed the City’s Water Efficient Landscape Ordinance.

7.3 Landscape plans shall be scaled to a minimum of 1 foot = 20 feet and shall specify the following:
a) The location and size of all plant materials and shall include a plant legend specifying species type (botanical and common name), container size, and quantity of all plant materials; and
b) Spacing for trees and shrubs, when a particular 'effect' (street canopy, hedges, barriers, screens...) is required shall be specified. Spacing for all groundcovers shall be specified; and c) The locations of all pavements (vehicular and pedestrian), walls, fencing, buildings, roof overhangs, and other structures, utility equipment (air conditioners, transformers, backflow preventers, etc.), property lines, and other pertinent site plan features.

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7.4 Plant materials shall comply with the following:
a) Plant materials shall consist of a mix of evergreen and deciduous trees, shrubs, and groundcovers to provide design interest and as a protective measure against disease and insect infestation. Low-maintenance plants are also encouraged; and b) Only live ground cover is allowed in high visibility and pedestrian areas. Exceptions may be approved by the Community Development Department to include, but not be limited to, decorative gravel beds, decomposed granite paths or pedestrian spaces and areas to be covered by shrubs; and

c) All landscape planting areas shall be mulched and/or covered with bark chips or other similar material, unless the growth of live groundcovers would be impeded, or is necessary for weed control, as determined by the Community Development Department. Large areas of exposed soil are prohibited; and

d) Drought-tolerant species suitable for the Fairfield area are encouraged, as contained in the reference list prepared by the Public Works Department; and e) Plant material selections must consider the hardiness needs of the Fairfield area. Species particularly susceptible to, or potentially damaged by, disease, insects, winter freeze and other climatic conditions in Fairfield are discouraged. Species exhibiting particular problems in the Fairfield area may not be permitted and, as such, plant substitutions may be required by the Community Development Department to fulfill this condition.

7.5 Plant material size and spacing shall comply with the following:
a) Minimum tree size shall be a mix of twenty-four (24) inch boxes, fifteen (15) gallons, and five (5) gallons. Shrub size shall be a mix of five (5) gallons and one (1) gallon. The percentage of one (1) gallon and five (5) gallon shrubs and five (5) gallon trees shall be reviewed and approved based upon the location, spacing, hardiness, and growth rate of the plant species proposed; but said percentage should not exceed 25 percent. Smaller-sized containers may be utilized for ground covers; and

b) The following trees shall be a minimum of twenty-four (24) inch box specimens at the time of planting:

1. Crape Myrtle (“Lagerstroemia”)

2. Chinese Pistache (“Pistacia chinensis”)

3. Flowering Crabapple (“Malus”)

4. Redbud (“Cercis”)

c) Where plant materials are placed in two (2) or more rows, planting rows shall be staggered; and
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d) Evergreen trees required for screening purposes shall not be less than six (6) feet in height at the time of planting; and

e) Large shrubs required for screening purposes shall not be less than twenty-four (24) inches in height at the time of planting. Spacing shall be between four (4) and six (6) feet on- center, as determined by the Community Development Department; and

f) Groundcovers shall be spaced such that full coverage is achieved at the end of one to two years.

7.6 Planting and staking details shall comply with the following:
a) Landscape plans shall include planting and staking details in text and/or drawing form to ensure proper installation and establishment of proposed plant materials; and

b) Soils shall be tested to identify existing soil conditions and necessary amendments. All planting pits shall be twice the diameter of the root container; and

c) All trees shall be double-staked, except that twenty-four (24) inch or larger box trees may require guy wires or triple-staking as determined by the Community Development Department. Guy wires are prohibited within pedestrian traffic areas. Protect trees from contact with any wire used in staking; and
d) Provide root deflectors for all trees planted within eight (8) feet of paved surfaces; and e) All planters in areas which have been compacted, such as adjacent to buildings and in parking lots, shall be de-compacted to the following depths: planters less than three (3) feet wide shall have compaction relieved to a minimum depth of twenty-four (24) inches below subgrade; planters three to ten (3 - 10) feet wide shall have compaction relieved to a minimum depth of 18 inches below subgrade; planters more than 10 feet wide shall have compaction relieved to a minimum depth of 12 inches below subgrade; and f) Planters 10 feet or less in width in locations that will not allow normal percolation of 24 to 36 hours maximum (such as adjacent to buildings) shall have drainpipes connected to the storm drain system or shall have dry wells installed as determined necessary by the Community Development Department; and
g) The finished grade of planter islands or wells shall have a crown with a 2% (two percent) slope down to the surrounding grade or top of the curb and a one (1) foot lip. Planters adjacent to buildings where a crown cannot be installed will require subdrains if adequate surface drainage will not be provided.

7.7 Screening of all ground-mounted utility equipment including air conditioners, transformers, backflow preventers, or other similar equipment for all non-residential buildings shall be indicated on the plans. Said screening shall include the use or combination of shrubbery, Packet Page 56 of 482Attachment 2 Page 7 of 32

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berming, or structures.

7.8 Parking lot landscaping shall comply with the following:
a) Landscaping within the parking area shall be of a minimum dimension of five (5) feet in width as measured from the inside diameter of required curbing, and shall be exclusive of any vehicle overhang; and

b) All landscape areas shall be protected from automobiles with a six (6) inch high, poured-in- place, concrete curbs, or other suitable protective device meeting City approval.

7.9 Berms shall be illustrated according to slope, width, height above surrounding grade, and landscaping. Landscape berms shall be coordinated for consistency with the grading plan.

7.10 All landscaped areas shall be serviced by an automatic irrigation system.

7.11 All undeveloped building pads shall be fully landscaped and irrigated or screened by perimeter shrubs to the satisfaction of the Community Development Department and shall be incorporated into the required landscape and irrigation plans.

7.12 During the installation of landscaping and irrigation, and prior to the issuance of a Certificate of Occupancy from the Building Safety Division, the landscape architect or design professional responsible for preparing the required plans, or their designee, shall monitor installation and visit the site prior to completion of the landscape work and, thereafter, provide a written statement confirming compliance with approved plans and approval of materials to the Community Development Department.

7.13 A redwood header board or equivalent shall be installed along all areas where landscaping is adjacent to undeveloped property to delineate between maintained and natural areas.

8.0 MAINTENANCE

8.1 All landscape areas shall be maintained in a healthy, thriving condition, free from weeds, trash, and debris.

8.2 Landscaping and irrigation systems required to be installed in the public right-of-way shall be continuously maintained by the developer until accepted by the City or Homeowner's Association.

8.3 All improvements on the site shall be constructed and continuously maintained in compliance with the approved plans.

8.4 The developer shall enter into a Maintenance Agreement with the City (which shall be a recorded document) giving the City authority to ensure maintenance of structures, parking and loading areas, fencing, and landscaping to the standards established by the approved plans at Packet Page 57 of 482Attachment 2 Page 8 of 32

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the time of final inspection of the project and shall also allow enforcement of outside storage violations. This agreement shall be recorded prior to the issuance of building permits.

9.0 SIGNS

9.1 Signs are not part of this approval. Any signs proposed for this project shall be designed in conformance with the Sign Ordinance and established Sign Policy and shall require separate application and approval by the Community Development Department prior to installation.

10.0 INFORMATIONAL NOTES

Special Assessment Districts and Fees

10.1 Capital Improvement Fee: The City has adopted a Capital Improvement Fee (AB1600) to be paid as a part of the Building Permit Fees. All new development within the City is subject to this fee upon issuance of building permits unless exempted by grandfather provisions. Contact the City’s Finance Department at (707) 428-7496.

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S:\Public Works Files\DEVEL\_Development Reviews\DR2021-xxx\-006_Edison RV Storage\

PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM
Conditions of Development
Date:

To:

From:

Project Name:

Project Location:

Review Requested:

Copies To:

October 13, 2022
Meily M Sheehan, Principal Planner
Alvin Lei, Senior Civil Engineer (707) 428-7476
Edison RV Storage – Construction of an RV parking lot on 4.21 acres
490 Edison Court; APN: 0180-130-110
Development Review (DR2021-006)
Use Permit (UP2021-002)
Environmental Review (ER2021-009)
Jason Riley, Assistant City Engineer
Garland Wong, City Traffic Engineer
Trish Curran, Senior Engineer Tech
Helpful Phone Numbers
City of Fairfield Other Agencies
Finance Department (707) 428-7496 Army Corps of Engineers (916) 557-5250 Fire Department (707) 428-7550 California Department of Fish & Wildlife (707) 944-5500 Community Development (707) 428-7461 Fairfield-Suisun Sewer District (707) 429-8930 Public Works (707) 428-7485 Federal Emergency Management Agency (415) 923-7190 Comcast Cable (800) 945-2288
SBC Communications (707) 258-5136
Pacific Gas and Electric (707) 449-5769
Regional Water Quality Control Board (510) 622-2300
Solano Irrigation District (707) 448-6847
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Edison RV Storage – 490 Edison Court
October 13, 2022

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PUBLIC WORKS DEPARTMENT
Conditions of Development
Special Flood Hazard Area:

1. A portion of the proposed development is within a Special Flood Hazard Area (“SFHA”). The developer shall place fill on the property to elevate the finish floor elevations of all proposed buildings within the SFHA limits to minimum one foot above the 1% (100-year) flood elevation. All proposed improvements within the SFHA shall be consistent with requirements in the City’s Flood Damage Prevention Ordinance (Chapter 8A) of the City’s municipal code. According to the Flood Insurance Study, the project is within Zone A.

Creekside Development:

2. The proposed development is adjacent to Jameson Canyon Creek. This creek is subject to the City’s Creekside Development Ordinance (Chapter 25, Article VIII).

Any proposed buildings or site grading shall be set back 50 feet from the creek’s top of bank, also known as the riparian zone.

3. If a drainage easement does not currently exist, developer shall draft and submit documents to the City for creation and dedication of a drainage easement on the project parcel consistent with requirements in the Creekside Development Ordinance (see Condition #20). Bio-retention facilities shall be constructed outside of the riparian zone.

4. Any site drainage which is going to be conveyed to and discharged into the creek will require approval from the State Department of Fish and Wildlife, the Regional Water Quality Control Board, and the U.S. Army Corps of Engineers. The developer shall be responsible for obtaining the necessary permits and providing documentation to the City prior to the issuance of the grading permit.

Traffic Signal Improvements:

5. The developer shall pay a pro rata share of future traffic signals necessitated by this development at the following locations:
Red Top Road and Watt Drive
Red Top Road and Oak Brook Drive
Red Top Road and Lopes Road
Lopes Road and Fermi Drive
The traffic signal cost share for the above referenced signals has been established by the Public Works Traffic Division to be $12,397.15 ($2944.69/acre x 4.21acres) which already reflects a 50% reduction, representative of the City’s pro rata share if improvements, based on AB-1600 fees. This fee shall be paid prior to issuance of building permits. Contact the Public Works Traffic Division for details.

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Edison RV Storage – 490 Edison Court
October 13, 2022
Street Moratorium

6. In accordance with Section 16.31, Article V (Street Excavation Moratorium) of the City Code, the ordinance requires all utility trenching and street improvements, within moratorium streets be repaired per prescribed standards and specifications and per City Standard Detail S24 and S24.1. Streets are designated as moratorium streets if they have received rehabilitation, as part of a City Capital Improvement Project, within the last five (5) years.

All costs to repair moratorium streets, along the project frontages, shall be the sole responsibility of the developer. Please note that Edison Court is included as part of the City’s 2021 Pavement Maintenance Project, placing a fresh asphalt rubber cape seal over this existing street. Upon improvement acceptance by the City, these streets shall be designated moratorium streets and the developer shall be required to repair impacts to Edison Court related to, including, but not limited to: utility trenching, utility connections to the public main, driveway installation, curb, gutter and sidewalk install. It is highly recommended the developer construct all right-of- way improvements prior to the start of the 2021 Pavement Maintenance Project.

When appropriate, developer shall minimize the number of trench cuts within the public streets by consolidating multiple service laterals into one (1) larger trench cut. For inquiries regarding the street moratorium, please contact David Vong at 707-428-7784 for information.

Storm Water System:

7. The submitted site plan proposes connecting the on-site storm system to an existing 36-inch storm drain main within the adjacent parcel. The developer shall notify the adjacent parcel owner and receive all necessary approvals for the connection prior to start of construction
Storm Water Detention:

8. On-site storm water detention is required because more than one (1) acre of impervious surface is created as a part of the proposed development. The developer’s civil engineer may propose alternative recommendations to mitigate downstream impacts of post-development peak stormwater run-off. At the City Engineer’s discretion, the City may allow these alternatives to stormwater detention, contingent upon adequate documentation is submitted to the City identifying that post-development peak stormwater run-off is mitigated.

9. If on-site storm water detention is required to accommodate post-development peak runoff, it may be accommodated in parking lot and landscaped areas.

Detention facilities shall be designed to reduce post-development peak flows to 90% of pre development peak flows for the 15, 25 and 100-year storm events. The storm water detention system shall be designed to detain the 100-year, 24-hour duration storm with a minimum of one (1) foot of freeboard (for an above-ground detention pond). Detention ponds shall drain in 72 hours or less, based on Solano County Mosquito Abatement District regulations.

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Streetlights:

10. There is one (1) existing streetlight located at the end of Edison Court, at the northwest corner of the project parcel. The developer shall remove the existing streetlight and install a new streetlight, per current City standards and specifications to the satisfaction of the City Traffic Engineer, at the back of the required, new monolithic sidewalk. Developer shall exercise due diligence in protecting existing joint trench utilities and shall restore or replace in-kind, to current City standards and specifications, any conduits, conductors, and facilities damaged as a result of improvements constructed for this project.

Curb, Gutter and Sidewalk:

11. The developer shall remove all existing curb and gutter along the Edison Court project frontage and install City standard monolithic curb, gutter and sidewalk along the frontage of the project. The width of the sidewalk from face of curb to back of walk shall match the width of existing sidewalk or shall be a minimum of 4.5 feet wide. The new sidewalk shall be extended and doweled to the edge of the existing driveways on both sides of the project frontage. The existing streetlight on Edison Court, located at the northwest corner of the project parcel, conflicts with the required sidewalk improvements and shall be relocated to the back-of-sidewalk.

Trash Enclosure:

12. The location of trash enclosures shall be shown on the site plan. Based on the proposed building footprints and size, the developer shall be required to install a trash enclosure with a minimum 13’ x 8’ (Sample Diagram EN1) footprint per current City Trash, Recycling & Organics Enclosure guidelines. Developer shall construct a concrete slab that extends 10 feet from the front of the enclosure. The slab shall be a minimum of 6 inches of reinforced concrete over 6 inches of Class II aggregate base compacted to 95%. Trash enclosures shall have roofs and drains that connect to sanitary sewer. Enclosure shall meet all CalGreen, CalRecycle, and City requirements and checklists. Developer shall work with Public Work staff to optimize trash enclosure orientation for vehicle pick-up. Contact Corey Beavers with the Public Works Department at (707) 428-7528 for more details.

13. As part of the Development Review application to the Community Development Department, the developer shall submit a completed Waste Management and Recycling Plan application for the proposed development. This application form is available at the City of Fairfield website and may also be requested by calling the Public Works Department at (707) 428-7485. The Waste Management and Recycling Plan shall be submitted for the proposed development and shall include information identifying the estimated quantity of recycling and waste generated from the development as a result of the proposed improvements. The trash enclosure shall be sized to accommodate adequate storage for all waste streams (garbage, recyclables, and organic waste) to ensure that businesses meet at City, County, and State requirements.
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Pursuant to the State of California’s goal to achieve a reduction in the statewide emissions of greenhouse gasses, short-lived climate pollutants, and to reduce the landfill disposal of organics and recyclables, the projects tenants must meet State's mandates for mandatory commercial recycling (AB 341) and mandatory organics recycling (AB 1826). As of September 2020, CalRecycle has made the determination that businesses that generate two or more cubic yards per week of solid waste, recyclables, and organics must subscribe to mandatory organics recycling. Please note, the state has mandated a reduction of 75% in organic waste levels and requires jurisdictions achieve the established threshold by 2025 (SB 1383). Furthermore, if these goals are not met, local jurisdictions may impose penalties for noncompliance on regulated entities/businesses; please refer to Fairfield Municipal Code Section 9.290 for more information. Businesses are strongly encouraged to contact and set up services with the City’s Franchised Hauler, Republic Services, to meet all mandatory commercial recycling requirements.

Driveways:

14. Proposed driveway aprons shall be constructed to City Standard S9. Any proposed vehicle gates shall be placed at the back-of-sidewalk to deter vehicle ingress to the project site from Edison Court. All vehicle access to the project parcel shall be restricted to access from the adjacent parcel (APN: 0180-130-420).

Open Space, Public Safety and Park Maintenance Mello Roos District:

15. All new development within the City is required to annex into Community Facilities District #2012-2 (CFD #2012-2), an Open Space, Public Safety and Park Maintenance Mello Roos District. Property owners within the District will be required to pay special on-going annual assessments to be used for the following:
Operation of open space within the Fairfield area
Police and Fire Protection, including but not limited to expenses for personnel, equipment, and supplies
Ongoing Maintenance of Neighborhood Parks
The developer shall furnish the necessary processing fees, documents and boundary map required to annex to the District prior to the issuance of any building permits. The annexation process shall be complete prior to the issuance of any certificates of occupancy. Please note that it may take up to 4 months, or longer, to complete the process. Assessments will have an annual inflation adjustment.

Please contact Christiana Lewis in the City of Fairfield Public Works Department at 707-428-7089 for additional inquiries.

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Other Approvals:

16. Approvals from other agencies may be required for this project. Contact the following agencies:
United States Army Corps of Engineers for work within the creek. California Department of Fish and Wildlife for work within the creek. Federal Emergency Management Agency for the required revisions to the floodplain.
City of Benicia for work or impacts to facilities within their 15-foot wide cathodic protection easement.

Maps:

17. Developer shall submit a title report, current within the past 90 days, to the City Public Works Department, concurrent with the first submittal to the Building Department for development review. In addition to a paper copy, the developer shall submit the title report in PDF format, including hyperlinks to the pertinent documents, on a USB flash drive or via e-mail to [email protected].

Easements:

18. There is an existing 15-foot wide Cathodic Protection Easement, owned by the City of Benicia, within the property. No permanent structures will be allowed within this easement, in addition to possible restrictions to any landscaping and/or fencing.

19. A permanent reciprocal access/parking/utility easement shall be required across common areas shared by parcels. This easement shall be created on a separate instrument and recorded prior to issuance of the building permit. Submit a draft copy of the document for the approval by the Public Works and Community Development Departments.

20. An easement for storm drainage and open space purposes shall be required across the stream environment zone area, which shall include the stream bed, the stream banks, and a riparian zone at least 50 feet wide, measured from the top of the channel bank, lying within APNs 0180-130-110 and -420. The exact width will depend on the particular stream environment. The easement shall be created on a separate instrument and recorded prior to issuance of the building permit. Submit plats and descriptions from engineer to Public Works. Staff will review these and will draw document for these purposes.

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General Development Conditions
Geotechnical Investigation:

21. The developer shall retain a registered Geotechnical Engineer to conduct a Geotechnical Investigation of the project area. Two copies of the project Geotechnical Report shall be submitted to the Public Works Department prior to submittal of Construction Plans. The Geotechnical Report shall include details and recommendations regarding the following:
Grading Limitations and Requirements
Settlement
Parking Lot Pavement Sections
Grading:

22. A grading plan shall be prepared by the developer's Civil Engineer and approved by the City Engineer. The following information shall be shown on the Grading Plan:
Existing contours, landscaping, fences, buildings, or other improvements Existing trees to be saved in place or removed
Furnish all necessary details to clearly convey recommendations outlined in the project geotechnical investigation
Cut/Fill interfaces and limits of grading
Limits of existing geologic hazards as identified by the Geotech. Engineer Lot boundaries and road rights-of-way
Proposed pad elevations, finished contours and lot grading details Top of curb elevations
Perimeter cross-sections along all sides of the project to show the proposed project’s interface with abutting properties and streets Plan view of proposed drainage facilities including storm drains, catch basins, manholes and underdrains
Parking lot surface drainage, pavement grades, ridge lines, etc. Street grades
Details for proposed curb and gutter

23. The Project Engineer shall coordinate grading design closely with the project Geotechnical Engineer. Specifically, the Geotechnical Engineer shall be consulted to evaluate and address issues related to:
Parking Lot Pavement Sections

24. The grading plan shall be reviewed and approved by the project Geotechnical Engineer prior to City approval. Provide a signature block for the project Geotechnical Engineer on the plan.

25. Slope grading shall comply with the Geotechnical Report. Slopes steeper than 3H:1V shall not be allowed in the public right-of-way. Slopes steeper than 2H:1V shall not be allowed on-site.

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26. Retaining walls over 18 inches tall shall be concrete or masonry. Retaining walls over 4 feet tall shall be designed by a Civil or Structural Engineer.

Erosion Control and Stormwater Quality:

27. The developer shall incorporate the use of Low Impact Development (LID) Best Management Practices to address the issue of ongoing post-construction stormwater quality for the project site. Examples of LID treatment measures include: bio-retention, harvesting and reuse, infiltration, and evapo-transpiration.

The project engineer is strongly recommended to contact the Public Works Department in regards to the new design requirements.

28. An erosion and sedimentation control plan shall be included as a part of the grading plan package. An erosion control plan shall be prepared by the developer's Civil Engineer and approved by the City Engineer. The erosion control plan shall include protection measures such as: sedimentation basins, check dams, straw wattles and hydroseeding details.

29. The project shall comply with the requirements of the most current National Pollutant Discharge Elimination System (NPDES) permit issued to the Fairfield- Suisun Urban Runoff Management Program.

30. The applicant shall obtain all necessary permits for storm water discharges, including but not limited to the State Water Resources Control Board Construction General Permit. Applicants whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, shall obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (State Water Resources Control Board Construction General Permit, 99-08- DWQ). Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.

31. The applicant shall be responsible for developing and implementing a Storm Water Pollution Prevention Plan (SWPPP) which shall be reviewed and approved by the Fairfield-Suisun Sewer District.

32. To limit pollutant generation, discharge and runoff to the maximum extent practicable, the project shall include stormwater pollution control measures listed within the document entitled “Storm Water Pollution Control Measures List”. This list is provided within Appendix B of the document entitled “Storm Water Requirements for Development Projects- Packet for Project Applicants”. Each identified source of pollutants may have one or more appropriate control measures as determined by the City of Fairfield.

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33. All stormwater treatment measures shall be adequately operated and maintained.

To ensure operation and maintenance of stormwater treatment measures, the property owner shall enter into a Stormwater Treatment Measures Maintenance Agreement with the City. This agreement shall be signed by the property owner and submitted to the Department of Public Works prior to the issuance of the building permit. It is included in the document entitled “Storm Water Requirements for Development Projects- Packet for Project Applicants.”

34. The Developer shall install thermoplastic markers on all new catch basins. Markers may be purchased at the Fairfield-Suisun Sewer District (FSSD) office. Contact the FSSD at 429-8930 for additional details.

35. Prior to the City’s issuance of the Certificate of Occupancy, the City shall receive a self-certification by the Engineer of Record (Registered Civil Engineer) which certifies that the project’s grading, drainage and stormwater treatment systems conform to the approved plans, permits and city codes. The self-certification shall be performed during construction and upon completion of the project by the Engineer of Record and documented on the appropriate city form.

Water System:

36. In accordance with the City of Fairfield Standard Specifications, each legal parcel shall only be allowed one public water service connection to the public main. Only one domestic water service connection is allowed for the proposed project. If one does not already exist, developer shall install one water meter at the back-of- sidewalk, along the public water service lateral. The developer may need to consider installing privately owned and maintained sub-meters, also referred to as clustered water service manifolds, downstream of the City maintained water meter to serve the proposed units.

37. Proposed domestic water and irrigation services, within the public right-of-way, shall be constructed per current City Standard Details and Specifications.

38. Show the size and location of existing and proposed water services, meters and backflow prevention devices on the site plan. Show the size and location of water mains and the proposed points of connection for water services.

39. Existing services that are to remain unused shall be abandoned per City requirements, including valve removal at the connection to public infrastructure and installation of a blind flange on abandoned services.

40. The developer shall verify the size of the existing water services and water meters.

Services and meters shall be upsized by the developer, at their sole cost, as needed for the proposed use. Backflow prevention devices shall be installed or upgraded to meet current code requirements.

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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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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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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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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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MEMORANDUM

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 475 Lopes Road. Formal cross access agreement on land deeds is required. Include the utility easement identifying the fire water service for 475 Lopes.

GENERAL NOTES for Reference:

Note: Fire pumps, stationary water supply, underground fire service, ove rhead 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 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 Packet Page 73 of 482Attachment 2 Page 24 of 32

3 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 10 feet of a commercial building or 10 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
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org Treatment Protocol for Handling Human Remains and Cultural Items Affiliated with the Yocha Dehe Wintun 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 Yocha Dehe Wintun 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 Packet Page 75 of 482Attachment 2 Page 26 of 32

Yocha
Dehe
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org 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 Packet Page 76 of 482Attachment 2 Page 27 of 32

Yocha
Dehe
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org 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.

VIII. Work Statement for Tribal Monitors

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.

Packet Page 77 of 482Attachment 2 Page 28 of 32

Yocha
Dehe
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org

ADDENDUM I

Yocha Dehe Wintun 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 (1) 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 Yocha 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 Packet Page 78 of 482Attachment 2 Page 29 of 32

Yocha
Dehe
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org 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 of Imagery. 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.

Packet Page 79 of 482Attachment 2 Page 30 of 32

Yocha
Dehe
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org

(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.

Packet Page 80 of 482Attachment 2 Page 31 of 32

Yocha
Dehe
Wintun
Nation

PO Box 18 Brooks, California 95606 p) 530.796.3400 f) 530.796.2143 www.yochadehe.org

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.

Packet Page 81 of 482Attachment 2 Page 32 of 32

EXHIBIT 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 for the grant of Use Permit:

1. The location, size, design, operating characteristics, and intensity of the proposed 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 operate in tandem with the adjacent mini-storage facility.

2. The proposed use is consistent with the General Plan and Zoning Ordinance, and a ny applicable Areawide or Specific Plan. The use is consistent with the applicable General Plan and Zoning designations and all applicable General 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 California 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 provided to serve the user, or will be provided as conditions of approval for the Use Permit. All infrastructure and utilities exist for available connection in Edison Court.

5. The proposed use will not create either an imbalance or an overabundance of similar uses in the vicinity. The proposed use will not create an overabundance 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 surrounding 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 surrounding 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.

Packet Page 82 of 482Attachment 3 Page 1 of 3

This grant is made pursuant to the application of STORAGEPRO OF FAIRFIELD, LLC on file in the Department of Community Development, and is subject to compliance with the following conditions:

1. Operation of the Recreational Vehicle Storage shall be substantially in accord with the petition for Use Permit and plans titled, “Edison RV Boat Storage,” as prepared by Stark Design Architecture dated "Received, August 11, 2021" except as modified by conditions stated herein; and

2. The site shall be diligently maintained. Any loose trash or debris shall be removed from the site daily; and

3. Recreational vehicle parking shall only be for storage purposes. Vehicle sales or maintenance of any kind shall not be permitted ; and

4. Recreational vehicles stored on site shall be in an operable condition; and

5. Recreational vehicles may not release hazardous materials onto the site; and

6. Compliance with the IL (Limited Industrial) zoning provisions that are applicable to this site; and

7. Compliance with the conditions of the Public Works Department as contained in the attached Memorandum dated October 13, 2022; and

8. Compliance with the conditions of the Fire Department as contained in the attached Memorandum dated May 12, 2021; and

9. Operation of the use shall be in compliance with all State and City Codes; and

10. The Use permit shall be obtained and shall be continually exercised in such a manner that the following conditions are fully complied with:

a. The Use Permit was obtained without fraud or misrepresentation; and

b. The Use Permit has been exercised by the person(s) granted the Use Permit or his representative, successors, or assignees, in compliance with the conditions of approval, and in accordance with any statute, ordinance, law, or regulation not excused by the Permit; and

Packet Page 83 of 482Attachment 3 Page 2 of 3

c. The Use Permit is being or has been exercised in a manner which is not to be detrimental to the public health, safety, and general welfare 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 "Indemnitees") 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 per mit 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 Indemnitees 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 FAIRFIELD, 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 Indemnitees 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 21st day of March 2023 (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.

_____________________________________
MAYOR
Packet Page 84 of 482Attachment 3 Page 3 of 3

Agenda Item No: 15.

AGENDA REPORT
DATE:February 21,2023
TO:Mayor and City Council
FROM:

David Gassaway,City Manager
SUBJECT:Public Hearing and
Resolution 2023-36 of the City Council of the City of Fairfield Upholding the Planning Commission’s Decision and Approving a Minor Development Review MD2021-011) and Use Permit UP2021-002)for the Development of 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)

RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
The Fairfield Zoning Ordinance allows any party aggrieved or affected by a decision or determination by the Planning Commission to file an appeal within 14 business days following the commission’s decision.When an appeal has been filed,the community development director shall schedule the matter for consideration by the City Council within 45 days of the appeal submittal.

On October 26,2022,the commission passed Resolution PC2022-12 regarding the Edison RV Storage project.On December 29, 2023, the project applicant filed an appeal to the Community Development Department.In accordance with Zoning Ordinance Section 25.44.2 Appeal Filing, the appeal was submitted beyond the proper filing date. Despite the untimeliness of the appeal filing, staff and legal counsel recommends that the council hear the appeal and allow the applicant to exhaust all their remedies for action.It should be noted that this recommendation is due to the unusual circumstance of an inconsistent commission agenda for the October 26,2022,meeting.

Upon reviewing the appeal, staff recommends that the council upholds the decision of the commission to approve the project subject to the development conditions of approval,as attached in Exhibits A and B.

DISCUSSION

1.Project Description:The project proposal is a recreational vehicle RV) storage facility with Packet Page 557 of 765Packet Page 85 of 482Attachment 4 Page 1 of 46

DISCUSSION

1.Project Description:The project proposal is a recreational vehicle RV) storage facility with covered carport structures and associated site utilities and infrastructure improvements. The project consists of 132 covered parking stalls and an additional six uncovered parking stalls.The project,as proposed and conditioned, meets all required City development regulations.Further project analysis can be reviewed in the attached October 12 and October 26,2022,Commission reports.

2.Background: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 satisfaction of the applicant.Further discussions were had regarding the trash enclosure conditions.Specifically,the original conditions required that signage be constructed with the trash enclosure identifying 1) source-separation for recyclables,organics, and garbage 2)tenants/customers having access to the enclosure 3)restrictions on disposal of hazardous and electronic waste in the enclosure and 4)contact information for Republic Services for additional waste management options.The applicant expressed concerns that the signage 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 to dispose of waste. Furthermore, the applicant offered considerations that they would keep the trash enclosure locked to restrict customer access and avoid unwanted waste. To address the applicant’s concerns,staff revised the condition by removing the language regarding the disposal of hazardous and electronic waste and the contact information for Republic Services.Signage requirements regarding access to the enclosure were revised by replacing the trash enclosure” verbiage with trash receptacles/carts”to provide the applicant flexibility on the operations of the trash enclosure while ensuring the intent of proper waste management remained,as required by the Article VI,Chapter 9,of the Municipal Code.

Additional discussions were had on the size of the trash enclosure.The applicant provided descriptions of the business operations and records of another facility’s weekly waste generation.

Staff acknowledged this information and concurred that the project scope did not warrant the City’s standard enclosure size for Office, Retail,Industrial and General Commercial”uses over 20,000 square feet.City staff had already significantly reduced the trash enclosure size and informed the applicant that the size requirements imposed by the conditions of approval factored in the low-intensity land use operations.

The Zoning Administrator public hearing was continued to August 1,2022,where the modified conditions of approval were presented,public comments were received,and an approval action on the project was made by the Zoning Administrator.For reference,the hearing sign-in sheet and annotated verbal public comments made during the hearing are attached as Exhibit C and Exhibit D,respectively.

On August 23,2022,the applicant filed an appeal of the Zoning Administrator’s decision on the Packet Page 558 of 765Packet Page 86 of 482Attachment 4 Page 2 of 46

On August 23,2022,the applicant filed an appeal of the Zoning Administrator’s decision on the project.The appeal addressed four conditions of approval for the project.The appellant requested the commission to reconsider conditions regarding 1)signage that states customers shall have access to waste receptacles/carts for waste disposal 2)providing two cubic yard containers for waste and recycling within the trash enclosure and 3/4)the City’s indemnification clause which is conditioned in both the Minor Development Conditions of Approval and the Use Permit].

In the appeal filing and during the commission meeting of October 12, 2022,the appellant asserted that the conditioned signage would invite customers to dispose of imported waste on- site,including potentially hazardous materials. Therefore,burdening the facility with waste management requirements beyond what is believed to be appropriate for the RV storage used by the applicant. Furthermore,the appellant stated that the signage condition is not detailed enough, in that it is subject to review and approval of the Public Works Department prior to the issuance of a Building Permit. The appellant continued the appeal justification noting that the Public Works Department’s Conditions of Development requires two cubic yards of recycling and waste bins in an 18 ft-by-9 ft enclosure.The appeal claimed that the recycling and waste bins are larger than what is needed for the facility.The appellant echoed that this condition,like the signage condition, will encourage customers to dispose of imported waste on-site and burden the facility with excess waste management responsibilities.The appellant requested that the condition be reduced to a more reasonable requirement,”referring to a reduction in enclosure size. The appeal concluded with an assertion that the City’s indemnification clause condition is too broad when combined with the signage requirement.It,therefore, unreasonably requires the facility to assume risks imposed by the signage condition.The appeal requested that the indemnity conditions be revised to require the City to accept joint and several liabilities for any claims arising out of the disposal of hazardous waste on the site.

After a lengthy discussion,the commission made a motion to uphold the Zoning Administrator’s approval and partially grant the appeal by revising the conditions of approval to reduce the size of the trash enclosure.On October 26, 2022,the staff brought the revised Resolution PC2022-12 back to the commission for action. As previously noted,the agenda for the meeting stated the item was a public hearing,which it was not.Prior to the meeting, staff and legal counsel clarified for the appellant that the information on the agenda was inconsistent with the process.At the meeting,staff provided an opportunity for public comment on the item,during which time the appellant reiterated the basis for their appeal. After deliberation,the commission approved the revised Resolution PC2022-12.

3.Summary of Appeal to City Council:The appellant has provided a multiple-point appeal letter requesting five conditions of approval for the project to be removed or revised 1)signage that states customers shall have access to waste receptacles/carts for waste disposal 2)requiring the final signage design and location to be reviewed and approved by the Public Works Department 3/4) the City’s indemnification clause which is conditioned in both the Minor Development Conditions of Approval and the Use Permit]and 5)construction of a 13ft by 8ft trash enclosure.The appeal documents are attached as Exhibit E.The appeal reiterates the commission’s appeal that the signage condition will adversely affect the business by overburdening the operations with waste management responsibilities that exceed what is appropriate for RV storage use.The appellant claims that the condition is unreasonable and will encourage the dumping of imported waste,including hazardous materials.Furthermore,the appeal cites that the condition goes beyond the requirements of,and violates,Fairfield Municipal Code Section 9.230 Litter due to the facility generating little waste.The appeal concludes that the condition should be removed because there are no code regulations that require the signage,and it is more than what is necessary.In correlation to the signage condition,the appellant requests the condition for the Public Works Department to review and approve the sign’ s final design and location to be removed because it is not prescriptive enough.Packet

Page 559 of 765 ends

The appellant states that Resolution PC2022-12 should have been placed on the consent calendar for the commission’s October 26,2022,meeting.Furthermore,the appellant notes that the appeal was placed on the agenda as a public hearing.While City staff and legal counsel noted that the appeal item was,in fact,not a public hearing,the appellant asserts that a quasi-hearing was held.Lastly,
the appeal requests for the Use Permit to begin on the date of the council’s final decision.The appeal letter concludes with a summary of the requested condition removals and revisions.Additionally, the summary includes a statement that the filing of said appeal is timely in that it was submitted within 14 business days of December 7,2022,the date the executed Resolution PC2022- 12 was received by the appellant.Again,the appellant submitted their appeal letter to the City on December 29,2022.4.

Staff Analysis of Appeal:Staff finds the appellant failed to properly file the appeal within 14 business days of the commission’s decision on October 26,2022,as codified in Section 25.

44.2.B of the Zoning Ordinance.Additionally,there is no explicit timeframe for providing written notice of the commission’s decision or the associated resolution.Therefore,there is no support for the claim that a delay in receiving the resolution would extend the appeal period.However, due to the unusual circumstances of the agenda item describing the commissions’decision on Resolution PC2022-12 as a public hearing for the October 26,2022,meeting,staff accepted the appeal submittal to allow the appellant to exhaust their administrative remedies.It should be noted that although the agenda of October 26,2022,described the resolution action as a public hearing,both legal counsel and City staff informed the appellant team before the meeting that the appeal would not undergo another public hearing.The item was listed as a scheduled matter item rather than a consent calendar item because the City’s Planning Commission does not have a consent calendar.During the commission meeting,it was noted again that the item was not subject to a public hearing.The appellant was given time to address the commission as a public comment courtesy.While
the appeal has been brought forth for a public hearing and council review,staff recommends upholding the commission’s decision because the appeal is untimely.The appellant did not submit their appeal letter until December 29,2022,65 days after the commission’s decision on October 26,2022.Additionally,December 29,2022,is fifteen business days after staff provided the written notice of the commission’s decision to the appellants in the form of the final, approved Resolution PC2022-12 on December 7,2022.Accordingly,the appeal is untimely even if you accept the appellant’s position that the date of the written notice should be treated as the date of the commission’s decision.Should the council wish to further review the merits of the appeal, the following analysis is included to inform deliberations.The staff has reviewed the justification for the appeal and has determined it to be unsubstantiated.Packet

Page 560 of 765 ends

Agenda Item No: 15.AGENDAREPORTDATE:February 21,2023TO:Mayor and CityCouncilFROM:David Gassaway,CityManagerSUBJECT:Public Hearing andResolution 2023-36 of the City Council of the City of Fairfield Upholding thePlanningCommission’s Decision and Approving a Minor Development Review MD2021-011)and Use Permit UP2021-002)for the Development of a Recreational VehicleStorageFacility,with the Capacity for 138 Vehicles and Solar Carports on a 4.21-AcreParcelat490Edison Court APN: 0180-130-110)RECOMMENDEDACTIONHoldpublichearing and adopt resolution.STATEMENT OFISSUETheFairfield Zoning Ordinance allows any party aggrieved or affected by a decision ordeterminationbythePlanningCommissiontofileanappeal within 14 business days following the commission’sdecision.When an appeal has been filed,the community development director shall schedulethematterforconsiderationbythe City Council within 45 days of the appeal submittal.On October 26,2022,the commission passed Resolution PC2022-12 regarding the EdisonRVStorageproject.On December 29, 2023, the project applicant filed an appeal to theCommunityDevelopmentDepartment.In accordance with Zoning Ordinance Section 25.44.2 Appeal Filing,theappealwassubmitted beyond the proper filing date. Despite the untimeliness of the appeal filing,staffandlegal counsel recommends that the council hear the appeal and allow the applicant to exhaustalltheirremediesforaction.It should be noted that this recommendation is due to theunusualcircumstanceofaninconsistentcommission agenda for the October 26,2022,meeting.Upon reviewing the appeal, staff recommends that the council upholds the decision of thecommissiontoapprovethe project subject to the development conditions of approval,as attached in Exhibits AandB.DISCUSSION1.Project Description:The project proposal is a recreational vehicle RV) storage facilitywithcoveredcarport structures and associated site utilities and infrastructure improvements.Theprojectconsistsof 132 covered parking stalls and an additional six uncovered parking stalls.Theproject,as proposed and conditioned, meets all required City development regulations.Furtherprojectanalysiscanbereviewedintheattached October 12 and October 26,2022,Commissionreports.2.Background:Minor Development Review,Conditional Use Permit,and EnvironmentalReviewapplicationswerereceivedbythePlanningDivisiononApril7,2021, for the project.The project’senvironmentalreview was an extended process due to stormwater design challenges withtheadjacentJamesonCanyonCreek.After careful consideration and coordination between Citystaffandtheapplicantteam,all impacts on the Creek were avoided,and the project couldproceedforwardunderaCaliforniaEnvironmentalQualityActCEQA)exemption.On June 13, 2022,a public Zoning Administrator hearing for the project was held.Theapplicantteamwas present,and no further members of the public attended. During the hearing,theapplicantraisedconcerns about several of the project conditions of approval.To providemoretimeforCitystaff and the applicant to discuss the conditions,the hearing was continued,andnoformalactionwastaken. Over the next six weeks,staff coordinated with the applicant toaddressconcernsregarding the conditions of the required trash enclosure,the Edison CourtStreetmoratorium,the proposed stormwater system,and the proposed stormwater detention.On June 20,2022,City staff met with the applicant and provided clarifications on thestreetmoratorium,stormwater systems,and stormwater detention conditions to the satisfaction oftheapplicant.Further discussions were had regarding the trash enclosure conditions.Specifically,theoriginalconditionsrequiredthatsignage be constructed with the trash enclosure identifying 1)source-separation for recyclables,organics, and garbage 2)tenants/customers having accesstotheenclosure3)restrictions on disposal of hazardous and electronic waste in the enclosureand4)contact information for Republic Services for additional waste management options.Theapplicantexpressedconcernsthatthe signage conditions would attract people to dumplargeobjectsandexcess 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 providewastecontainersfortheircustomerstodisposeofwaste. Furthermore, the applicantofferedconsiderationsthatthey would keep the trash enclosure locked to restrict customer accessandavoidunwantedwaste.To address the applicant’s concerns,staff revised the conditionbyremovingthelanguage regarding the disposal of hazardous and electronic waste and thecontactinformationfor Republic Services.Signage requirements regarding access to the enclosurewererevisedbyreplacingthetrash enclosure” verbiage with trash receptacles/carts”to providetheapplicantflexibilityontheoperationsof the trash enclosure while ensuring the intent ofproperwastemanagement remained,as required by the Article VI,Chapter 9,of the Municipal Code.Additional discussions were had on the size of the trash enclosure.The applicantprovideddescriptionsofthe business operations and records of another facility’s weekly waste generation.Staff acknowledged this information and concurred that the project scope did not warranttheCity’s standard enclosure size for Office, Retail,Industrial and General Commercial”usesover20,000 square feet.City staff had already significantly reduced the trash enclosure sizeandinformedtheapplicantthatthe size requirements imposed by the conditions of approvalfactoredinthe low-intensity land use operations.The Zoning Administrator public hearing was continued to August 1,2022,where themodifiedconditionsof approval were presented,public comments were received,and an approvalactionontheprojectwasmadebytheZoning Administrator.For reference,the hearing sign-in sheetandannotatedverbal public comments made during the hearing are attached as Exhibit C andExhibitD,respectively.On August 23,2022,the applicant filed an appeal of the Zoning Administrator’s decision ontheproject.The appeal addressed four conditions of approval for the project.Theappellantrequestedthecommissiontoreconsider conditions regarding 1)signage that statescustomersshallhave access to waste receptacles/carts for waste disposal 2)providing two cubicyardcontainersforwaste and recycling within the trash enclosure and 3/4)the City’sindemnificationclausewhichisconditionedinboththeMinorDevelopmentConditions of Approval and theUsePermit].In the appeal filing and during the commission meeting of October 12, 2022,theappellantassertedthattheconditioned signage would invite customers to dispose of imported waste on-site,including potentially hazardous materials. Therefore,burdening the facility withwastemanagementrequirementsbeyondwhatisbelievedto be appropriate for the RV storage usedbytheapplicant. Furthermore,the appellant stated that the signage condition is not detailed enough,in that it is subject to review and approval of the Public Works Department prior to the issuanceofaBuilding Permit. The appellant continued the appeal justification noting that the PublicWorksDepartment’s Conditions of Development requires two cubic yards of recycling and waste binsinan18ft-by-9 ft enclosure.The appeal claimed that the recycling and waste bins are largerthanwhatisneededforthefacility.The appellant echoed that this condition,like the signage condition,will encourage customers to dispose of imported waste on-site and burden the facility withexcesswastemanagementresponsibilities.The appellant requested that the condition be reduced toamorereasonable requirement,”referring to a reduction in enclosure size. The appealconcludedwithanassertionthat the City’s indemnification clause condition is too broad when combinedwiththesignagerequirement.It,therefore, unreasonably requires the facility to assume risksimposedbythesignagecondition.The appeal requested that the indemnity conditions be revisedtorequiretheCitytoacceptjointandseveral liabilities for any claims arising out of the disposalofhazardouswasteon the site.After a lengthy discussion,the commission made a motion to uphold the Zoning Administrator’sapprovalandpartiallygranttheappealbyrevisingtheconditionsofapprovaltoreducethe sizeofthetrashenclosure.On October 26, 2022,the staff brought the revised Resolution PC2022-12backtothe commission for action. As previously noted,the agenda for the meeting statedtheitemwas a public hearing,which it was not.Prior to the meeting, staff and legal counselclarifiedforthe appellant that the information on the agenda was inconsistent with the process.Atthemeeting,staff provided an opportunity for public comment on the item,during which timetheappellantreiteratedthebasisfortheir appeal. After deliberation,the commission approvedtherevisedResolution PC2022-12.3.Summary of Appeal to City Council:The appellant has provided a multiple-point appealletterrequestingfiveconditionsofapprovalfortheprojecttoberemovedorrevised1)signagethatstatescustomersshallhave access to waste receptacles/carts for waste disposal 2)requiringthefinalsignage design and location to be reviewed and approved by the PublicWorksDepartment3/4) the City’s indemnification clause which is conditioned in both theMinorDevelopmentConditionsofApprovaland the Use Permit]and 5)construction of a 13ft by 8fttrashenclosure.The appeal documents are attached as Exhibit E.Theappealreiteratesthecommission’s appeal that the signage condition will adversely affect thebusinessbyoverburdeningtheoperationswithwastemanagementresponsibilitiesthatexceedwhatisappropriateforRVstorageuse.The appellant claims that the condition is unreasonableandwillencouragethedumpingofimportedwaste,including hazardous materials.Furthermore,theappealcitesthattheconditiongoesbeyondtherequirementsof,and violates,FairfieldMunicipalCodeSection9.230 Litter due to the facility generating little waste.The appealconcludesthattheconditionshouldberemovedbecausetherearenocoderegulationsthatrequirethesignage,and it is more than what is necessary.In correlation to the signage condition,theappellantrequeststheconditionforthePublicWorksDepartmenttoreviewandapprovethesign’sfinaldesignandlocationtoberemovedbecauseit is not prescriptive enough.TheappealrestatestheassertionthattheCity’s indemnification clause condition is too broadwhencombinedwiththesignagerequirement.The appellant claims there is an increased liabilityriskduetothesignageconditions.Should the signage conditions remain,the appellant requeststheindemnityconditionsberevisedtorequiretheCitytoacceptjointandseveralliabilitiesfor anyclaimsarisingoutofthedisposalofhazardouswasteonthesite.Theappealalsorequeststhatthecouncilremovetheconditionto construct a 13ft by 8ft trashenclosure,asmodifiedbythecommission.The appeal asserts that the construction of anenclosureisunreasonableandunrelatedtothewastegenerationoftheRVstorageuse,and thatwastecartscanbeutilizedandstoredindoorsinplaceofanenclosure.Theappealadditionallyclaimsthatthecommissionimproperlyheldtwo hearings on the initialappeal.TheappellantstatesthatResolutionPC2022-12 should have been placed on the consentcalendarforthecommission’s October 26,2022,meeting.Furthermore,the appellant notes thattheappealwasplacedontheagendaasapublichearing.While City staff and legal counselnotedthattheappealitemwas,in fact,not a public hearing,the appellant asserts that a quasi-hearingwasheld.Lastly,the appeal requests for the Use Permit to begin on the date of the council’s final decision.Theappealletterconcludeswithasummaryoftherequestedconditionremovalsandrevisions.Additionally,the summary includes a statement that the filing of said appeal is timely in that it wassubmittedwithin14businessdaysofDecember7,2022,the date the executed ResolutionPC2022-12wasreceivedbytheappellant.Again,the appellant submitted their appeal letter totheCityonDecember29,2022.4.Staff Analysis of Appeal:Staff finds the appellant failed to properly file the appeal within 14businessdaysofthecommission’s decision on October 26,2022,as codified in Section25.44.2.B of the Zoning Ordinance.Additionally,there is no explicit timeframe for providing writtennoticeofthecommission’s decision or the associated resolution.Therefore,there is no supportfortheclaimthatadelayinreceivingtheresolutionwouldextendtheappealperiod.However,due to the unusual circumstances of the agenda item describing the commissions’decisiononResolutionPC2022-12 as a public hearing for the October 26,2022,meeting,staffacceptedtheappealsubmittaltoallowtheappellanttoexhausttheiradministrativeremedies.ItshouldbenotedthatalthoughtheagendaofOctober26,2022,described the resolution action asapublichearing,both legal counsel and City staff informed the appellant team before the meetingthattheappealwouldnotundergoanotherpublichearing.The item was listed as a scheduledmatteritemratherthanaconsentcalendaritembecausetheCity’s Planning Commission doesnothaveaconsentcalendar.During the commission meeting,it was noted again that the itemwasnotsubjecttoapublichearing.The appellant was given time to address the commission as apubliccommentcourtesy.Whiletheappealhasbeen brought forth for a public hearing and council review,staffrecommendsupholdingthecommission’s decision because the appeal is untimely.The appellantdidnotsubmittheirappealletteruntilDecember29,2022,65 days after the commission’sdecisiononOctober26,2022.Additionally,December 29,2022,is fifteen business days afterstaffprovidedthewrittennoticeofthecommission’s decision to the appellants in the form of thefinal,approvedResolutionPC2022-12 on December 7,2022.Accordingly,the appeal is untimelyevenifyouaccepttheappellant’s position that the date of the written notice should be treated asthedateofthecommission’s decision.Should the council wish to further review the merits of the appeal, the following analysis is included to inform deliberations.The staff has reviewed the justification for the appeal and has determined it to be unsubstantiated.To make findings of approval for the requested Minor Development Review and Use Permit,staff must ascertain whether the project’s development or business operations will create a nuisance or be detrimental to the health,safety,morals,peace,or the general welfare of the surrounding neighborhood and the City.The conditions in question are necessary to implement the project and ensure that the operation of the RV storage facility will not be a nuisance or detrimental to the general welfare of the greater community.Furthermore,staff finds that the conditions are proportional to land use intensity and not an imposition on the applicant.Addressing the signage condition,staff crafted the language to safeguard the availability of waste disposal to customers and ensure waste is not left uncontained on the project site.Uncontained waste would impact the facility operations,placing the responsibility to collect and dispose of waste to keep the property clean onto the business.Furthermore,if waste collection facilities are not provided on the project site,the likelihood of waste being littered onto adjacent properties and the public right-of-way are increased,which will negatively impact the surrounding community.As noted in the Background Information section of this report,staff coordinated with the appellant to revise the condition to alleviate concerns with access to the trash enclosure,hazardous and electronic waste,and Republic Services contact.The nuanced language of trash enclosure”to trash receptacles/cart”was imposed as the appellant shared concerns with people overfilling and dumping into the enclosure.The current condition leaves flexibility for the appellant to provide trash receptacles in a preferred location and under employee supervision,should they so choose.The signage language is necessary to ensure customers are aware they have access to these receptacles and encourages proper waste disposal.The appellant’s concerns about customers’disposal of hazardous materials on-site are unrelated to the signage condition imposed.Furthermore, this concern could be alleviated with additional educational information stating that hazardous and electronic waste are not permitted on-site and that Republic Services has alternative disposal methods.However,this language was removed per the appellant’s request during the June 2022 meeting.Should hazardous or other unpermitted waste be left on-site,the business may contact Republic Services to schedule proper pick-up and disposal options.The staff has worked with the appellant to craft reasonable signage conditions that adequately address the waste disposal concerns.The
appeal also references the City’s Municipal Code Section 9.230 Litter and states that the signage condition is in conflict.Staff does not concur with this assertion,as the intent of this code section is to prevent littering.The code section states that publicly patronized establishments and institutions shall provide,empty,and maintain adequate Containers for public deposit of Solid Waste generated by the public as a result of the patronization of such establishments.”The condition of the trash receptacles and associated signage implement this code section rather than violate it.Not
noted in the appeal but identified in the conditions and relevant for the discussion,Municipal Code Section 9.220 Recyclables and Organic Waste Generator Requirements requires all commercial/ industrial businesses to be responsible for providing a basic level of recyclable and organic waste collection,including the minimum collection and delivery of waste to a resource recovery facility,such as Republic Services.Furthermore,Section 9.220 states,the business owner shall,E)Prominently post and maintain one or more signs where Recyclables and/or Organic Waste are collected and/or stored that set forth what materials are required to be source separated in addition to collection procedures for such materials.F)Notify and instruct employees and tenants of applicable source separation requirements,including a list of Recyclables and/or Organic waste that are required to be source-separated for recycling.”Accordingly, the signage condition is not in conflict with the Municipal Code and supports the policy rationale behind these code sections.Lastly,
on signage,the appellant’s assertion that the signage condition improperly defers critical development details,such as location and content,is unpersuasive.The staff has made no Packet

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Agenda Item No: 15.AGENDAREPORTDATE:February 21,2023TO:Mayor and CityCouncilFROM:David Gassaway,CityManagerSUBJECT:Public Hearing andResolution 2023-36 of the City Council of the City of Fairfield Upholding thePlanningCommission’s Decision and Approving a Minor Development Review MD2021-011)and Use Permit UP2021-002)for the Development of a Recreational VehicleStorageFacility,with the Capacity for 138 Vehicles and Solar Carports on a 4.21-AcreParcelat490Edison Court APN: 0180-130-110)RECOMMENDEDACTIONHoldpublichearing and adopt resolution.STATEMENT OFISSUETheFairfield Zoning Ordinance allows any party aggrieved or affected by a decision ordeterminationbythePlanningCommissiontofileanappeal within 14 business days following the commission’sdecision.When an appeal has been filed,the community development director shall schedulethematterforconsiderationbythe City Council within 45 days of the appeal submittal.On October 26,2022,the commission passed Resolution PC2022-12 regarding the EdisonRVStorageproject.On December 29, 2023, the project applicant filed an appeal to theCommunityDevelopmentDepartment.In accordance with Zoning Ordinance Section 25.44.2 Appeal Filing,theappealwassubmitted beyond the proper filing date. Despite the untimeliness of the appeal filing,staffandlegal counsel recommends that the council hear the appeal and allow the applicant to exhaustalltheirremediesforaction.It should be noted that this recommendation is due to theunusualcircumstanceofaninconsistentcommission agenda for the October 26,2022,meeting.Upon reviewing the appeal, staff recommends that the council upholds the decision of thecommissiontoapprovethe project subject to the development conditions of approval,as attached in Exhibits AandB.DISCUSSION1.Project Description:The project proposal is a recreational vehicle RV) storage facilitywithcoveredcarport structures and associated site utilities and infrastructure improvements.Theprojectconsistsof 132 covered parking stalls and an additional six uncovered parking stalls.Theproject,as proposed and conditioned, meets all required City development regulations.Furtherprojectanalysiscanbereviewedintheattached October 12 and October 26,2022,Commissionreports.2.Background:Minor Development Review,Conditional Use Permit,and EnvironmentalReviewapplicationswerereceivedbythePlanningDivisiononApril7,2021, for the project.The project’senvironmentalreview was an extended process due to stormwater design challenges withtheadjacentJamesonCanyonCreek.After careful consideration and coordination between Citystaffandtheapplicantteam,all impacts on the Creek were avoided,and the project couldproceedforwardunderaCaliforniaEnvironmentalQualityActCEQA)exemption.On June 13, 2022,a public Zoning Administrator hearing for the project was held.Theapplicantteamwas present,and no further members of the public attended. During the hearing,theapplicantraisedconcerns about several of the project conditions of approval.To providemoretimeforCitystaff and the applicant to discuss the conditions,the hearing was continued,andnoformalactionwastaken. Over the next six weeks,staff coordinated with the applicant toaddressconcernsregarding the conditions of the required trash enclosure,the Edison CourtStreetmoratorium,the proposed stormwater system,and the proposed stormwater detention.On June 20,2022,City staff met with the applicant and provided clarifications on thestreetmoratorium,stormwater systems,and stormwater detention conditions to the satisfaction oftheapplicant.Further discussions were had regarding the trash enclosure conditions.Specifically,theoriginalconditionsrequiredthatsignage be constructed with the trash enclosure identifying 1)source-separation for recyclables,organics, and garbage 2)tenants/customers having accesstotheenclosure3)restrictions on disposal of hazardous and electronic waste in the enclosureand4)contact information for Republic Services for additional waste management options.Theapplicantexpressedconcernsthatthe signage conditions would attract people to dumplargeobjectsandexcess 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 providewastecontainersfortheircustomerstodisposeofwaste. Furthermore, the applicantofferedconsiderationsthatthey would keep the trash enclosure locked to restrict customer accessandavoidunwantedwaste.To address the applicant’s concerns,staff revised the conditionbyremovingthelanguage regarding the disposal of hazardous and electronic waste and thecontactinformationfor Republic Services.Signage requirements regarding access to the enclosurewererevisedbyreplacingthetrash enclosure” verbiage with trash receptacles/carts”to providetheapplicantflexibilityontheoperationsof the trash enclosure while ensuring the intent ofproperwastemanagement remained,as required by the Article VI,Chapter 9,of the Municipal Code.Additional discussions were had on the size of the trash enclosure.The applicantprovideddescriptionsofthe business operations and records of another facility’s weekly waste generation.Staff acknowledged this information and concurred that the project scope did not warranttheCity’s standard enclosure size for Office, Retail,Industrial and General Commercial”usesover20,000 square feet.City staff had already significantly reduced the trash enclosure sizeandinformedtheapplicantthatthe size requirements imposed by the conditions of approvalfactoredinthe low-intensity land use operations.The Zoning Administrator public hearing was continued to August 1,2022,where themodifiedconditionsof approval were presented,public comments were received,and an approvalactionontheprojectwasmadebytheZoning Administrator.For reference,the hearing sign-in sheetandannotatedverbal public comments made during the hearing are attached as Exhibit C andExhibitD,respectively.On August 23,2022,the applicant filed an appeal of the Zoning Administrator’s decision ontheproject.The appeal addressed four conditions of approval for the project.Theappellantrequestedthecommissiontoreconsider conditions regarding 1)signage that statescustomersshallhave access to waste receptacles/carts for waste disposal 2)providing two cubicyardcontainersforwaste and recycling within the trash enclosure and 3/4)the City’sindemnificationclausewhichisconditionedinboththeMinorDevelopmentConditions of Approval and theUsePermit].In the appeal filing and during the commission meeting of October 12, 2022,theappellantassertedthattheconditioned signage would invite customers to dispose of imported waste on-site,including potentially hazardous materials. Therefore,burdening the facility withwastemanagementrequirementsbeyondwhatisbelievedto be appropriate for the RV storage usedbytheapplicant. Furthermore,the appellant stated that the signage condition is not detailed enough,in that it is subject to review and approval of the Public Works Department prior to the issuanceofaBuilding Permit. The appellant continued the appeal justification noting that the PublicWorksDepartment’s Conditions of Development requires two cubic yards of recycling and waste binsinan18ft-by-9 ft enclosure.The appeal claimed that the recycling and waste bins are largerthanwhatisneededforthefacility.The appellant echoed that this condition,like the signage condition,will encourage customers to dispose of imported waste on-site and burden the facility withexcesswastemanagementresponsibilities.The appellant requested that the condition be reduced toamorereasonable requirement,”referring to a reduction in enclosure size. The appealconcludedwithanassertionthat the City’s indemnification clause condition is too broad when combinedwiththesignagerequirement.It,therefore, unreasonably requires the facility to assume risksimposedbythesignagecondition.The appeal requested that the indemnity conditions be revisedtorequiretheCitytoacceptjointandseveral liabilities for any claims arising out of the disposalofhazardouswasteon the site.After a lengthy discussion,the commission made a motion to uphold the Zoning Administrator’sapprovalandpartiallygranttheappealbyrevising the conditions of approval to reduce the sizeofthetrashenclosure.On October 26, 2022,the staff brought the revised Resolution PC2022-12backtothe commission for action. As previously noted,the agenda for the meeting statedtheitemwas a public hearing,which it was not.Prior to the meeting, staff and legal counselclarifiedforthe appellant that the information on the agenda was inconsistent with the process.Atthemeeting,staff provided an opportunity for public comment on the item,during which timetheappellantreiteratedthebasisfortheir appeal. After deliberation,the commission approvedtherevisedResolution PC2022-12.3.Summary of Appeal to City Council:The appellant has provided a multiple-point appealletterrequestingfiveconditionsofapprovalfortheprojecttoberemovedorrevised1)signagethatstatescustomersshallhave access to waste receptacles/carts for waste disposal 2)requiringthefinalsignage design and location to be reviewed and approved by the PublicWorksDepartment3/4) the City’s indemnification clause which is conditioned in both theMinorDevelopmentConditionsofApprovaland the Use Permit]and 5)construction of a 13ft by 8fttrashenclosure.The appeal documents are attached as Exhibit E.Theappealreiteratesthecommission’s appeal that the signage condition will adversely affect thebusinessbyoverburdeningtheoperationswithwastemanagementresponsibilitiesthatexceedwhatisappropriateforRVstorageuse.The appellant claims that the condition is unreasonableandwillencouragethedumpingofimportedwaste,including hazardous materials.Furthermore,theappealcitesthattheconditiongoesbeyondtherequirementsof,and violates,FairfieldMunicipalCodeSection9.230 Litter due to the facility generating little waste.The appealconcludesthattheconditionshouldberemovedbecausetherearenocoderegulationsthatrequirethesignage,and it is more than what is necessary.In correlation to the signage condition,theappellantrequeststheconditionforthePublicWorksDepartmenttoreviewandapprovethesign’sfinaldesignandlocationtoberemovedbecauseitisnotprescriptiveenough.TheappealrestatestheassertionthattheCity’s indemnification clause condition is too broadwhencombinedwiththesignagerequirement.The appellant claims there is an increased liabilityriskduetothesignageconditions.Should the signage conditions remain,the appellant requeststheindemnityconditionsberevisedtorequiretheCitytoacceptjointandseveralliabilitiesforanyclaimsarisingoutofthedisposalofhazardouswasteonthesite.Theappealalsorequeststhatthecouncilremovetheconditionto construct a 13ft by 8ft trashenclosure,asmodifiedbythecommission.The appeal asserts that the construction of anenclosureisunreasonableandunrelatedtothewastegenerationoftheRVstorageuse,and thatwastecartscanbeutilizedandstoredindoorsinplaceofanenclosure.Theappealadditionallyclaimsthatthecommissionimproperlyheldtwo hearings on the initialappeal.TheappellantstatesthatResolutionPC2022-12 should have been placed on the consentcalendarforthecommission’s October 26,2022,meeting.Furthermore,the appellant notes thattheappealwasplacedontheagendaasapublichearing.While City staff and legal counselnotedthattheappealitemwas,in fact,not a public hearing,the appellant asserts that a quasi-hearingwasheld.Lastly,the appeal requests for the Use Permit to begin on the date of the council’s final decision.Theappealletterconcludeswithasummaryoftherequestedconditionremovalsandrevisions.Additionally,the summary includes a statement that the filing of said appeal is timely in that it wassubmittedwithin14businessdaysofDecember7,2022,the date the executed ResolutionPC2022-12wasreceivedbytheappellant.Again,the appellant submitted their appeal letter totheCityonDecember29,2022.4.Staff Analysis of Appeal:Staff finds the appellant failed to properly file the appeal within 14businessdaysofthecommission’s decision on October 26,2022,as codified in Section25.44.2.B of the Zoning Ordinance.Additionally,there is no explicit timeframe for providing writtennoticeofthecommission’s decision or the associated resolution.Therefore,there is no supportfortheclaimthatadelayinreceivingtheresolutionwouldextendtheappealperiod.However,due to the unusual circumstances of the agenda item describing the commissions’decisiononResolutionPC2022-12 as a public hearing for the October 26,2022,meeting,staffacceptedtheappealsubmittaltoallowtheappellanttoexhausttheiradministrativeremedies.ItshouldbenotedthatalthoughtheagendaofOctober26,2022,described the resolution action asapublichearing,both legal counsel and City staff informed the appellant team before the meetingthattheappealwouldnotundergoanotherpublichearing.The item was listed as a scheduledmatteritemratherthanaconsentcalendaritembecausetheCity’s Planning Commission doesnothaveaconsentcalendar.During the commission meeting,it was noted again that the itemwasnotsubjecttoapublichearing.The appellant was given time to address the commission as apubliccommentcourtesy.Whiletheappealhasbeen brought forth for a public hearing and council review,staffrecommendsupholdingthecommission’s decision because the appeal is untimely.The appellantdidnotsubmittheirappealletteruntilDecember29,2022,65 days after the commission’sdecisiononOctober26,2022.Additionally,December 29,2022,is fifteen business days afterstaffprovidedthewrittennoticeofthecommission’s decision to the appellants in the form of thefinal,approvedResolutionPC2022-12 on December 7,2022.Accordingly,the appeal is untimelyevenifyouaccepttheappellant’s position that the date of the written notice should be treated asthedateofthecommission’s decision.Should the council wish to further review the merits of theappeal,thefollowinganalysisisincludedtoinformdeliberations.Thestaffhasreviewedthejustificationfortheappealandhasdeterminedit to be unsubstantiated.TomakefindingsofapprovalfortherequestedMinorDevelopmentReviewandUsePermit,staffmustascertainwhethertheproject’s development or business operations will create a nuisanceorbedetrimentaltothehealth,safety,morals,peace,or the general welfare of the surroundingneighborhoodandtheCity.The conditions in question are necessary to implement the project andensurethattheoperationoftheRVstoragefacilitywillnotbeanuisanceordetrimentaltothegeneralwelfareofthegreatercommunity.Furthermore,staff finds that the conditions areproportionaltolanduseintensityandnotanimpositionontheapplicant.Addressingthesignagecondition,staff crafted the language to safeguard the availability of wastedisposaltocustomersandensurewasteisnotleftuncontainedontheprojectsite.Uncontainedwastewouldimpactthefacilityoperations,placing the responsibility to collect and dispose ofwastetokeepthepropertycleanontothebusiness.Furthermore,if waste collection facilities arenotprovidedontheprojectsite,the likelihood of waste being littered onto adjacent properties andthepublicright-of-way are increased,which will negatively impact the surrounding community.AsnotedintheBackgroundInformationsectionofthisreport,staff coordinated with the appellant torevisetheconditiontoalleviateconcernswithaccesstothetrashenclosure,hazardous andelectronicwaste,and Republic Services contact.The nuanced language of trash enclosure”to“trashreceptacles/cart”was imposed as the appellant shared concerns with people overfilling anddumpingintotheenclosure.The current condition leaves flexibility for the appellant to providetrashreceptaclesinapreferredlocationandunderemployeesupervision,should they so choose.Thesignagelanguageisnecessarytoensurecustomersareawaretheyhaveaccesstothesereceptaclesandencouragesproperwastedisposal.The appellant’s concerns about customers’disposalofhazardousmaterialson-site are unrelated to the signage condition imposed.Furthermore,this concern could be alleviated with additional educational information stating thathazardousandelectronicwastearenotpermittedon-site and that Republic Services hasalternativedisposalmethods.However,this language was removed per the appellant’s requestduringtheJune2022meeting.Should hazardous or other unpermitted waste be left on-site,thebusinessmaycontactRepublicServicestoscheduleproperpick-up and disposal options.Thestaffhasworkedwiththeappellanttocraftreasonablesignageconditionsthatadequatelyaddressthewastedisposalconcerns.TheappealalsoreferencestheCity’s Municipal Code Section 9.230 Litter and states that thesignageconditionisinconflict.Staff does not concur with this assertion,as the intent of this codesectionistopreventlittering.The code section states that publicly patronized establishments andinstitutionsshallprovide,empty,and maintain adequate Containers for public deposit of SolidWastegeneratedbythepublicasaresultofthepatronizationofsuchestablishments.”Theconditionofthetrashreceptaclesandassociatedsignageimplementthiscodesectionratherthanviolateit.Notnotedintheappeal but identified in the conditions and relevant for the discussion,MunicipalCodeSection9.220 Recyclables and Organic Waste Generator Requirements requires allcommercial/industrialbusinessestoberesponsiblefor providing a basic level of recyclable andorganicwastecollection,including the minimum collection and delivery of waste to a resourcerecoveryfacility,such as Republic Services.Furthermore,Section 9.220 states,the businessownershall,E)Prominently post and maintain one or more signs where Recyclables and/orOrganicWastearecollectedand/or stored that set forth what materials are required to be sourceseparatedinadditiontocollectionproceduresforsuchmaterials.F)Notify and instructemployeesandtenantsofapplicablesourceseparationrequirements,including a list ofRecyclablesand/or Organic waste that are required to be source-separated for recycling.”Accordingly,the signage condition is not in conflict with the Municipal Code and supports thepolicyrationalebehindthesecodesections.Lastly, on signage,the appellant’s assertion that the signage condition improperly defers critical development details,such as location and content,is unpersuasive.The staff has made no statements or implications that the signage would be required to be off-site,directed towards,or viewable to the public.The intent of the signage conditions is to guide the RV storage customers to proper waste disposal.If desired,the staff is amenable to providing more prescriptive direction in writing to the business owner.Regarding
the appellant’s concerns with the trash enclosure size,the original conditions approved by the Zoning Administrator already accounted for the low intensity of business operations by requiring a smaller enclosure than the 18ft by 12ft dimensions prescribed by City standards for Office, Retail,Industrial and General Commercial”uses over 20,000 square feet.Additionally,the commission granted an even smaller enclosure size.As currently conditioned,the project is required to construct the smallest enclosure size available for commercial projects,13ft by 8ft.It would be against City standards to allow a new commercial development to be constructed without any trash enclosures on site.Finally,
indemnification conditions are applied to every development project and conditional use permit.

The language incorporated into the project entitlements was prepared with guidance from legal counsel and has been standardized.In no circumstance does staff recommend that the language be revised or removed as this may expose the City to liability.FINANCIAL

IMPACT N/

A PUBLIC
CONTACT/ADVISORY BODY RECOMMENDATION For
the February 21,2023,City Council meeting,a public hearing notice was published in the Daily Republic newspaper on February 10,2023,and mailed to all persons who own property within 500 feet of the subject property.The
commission held the following duly noticed public hearings to consider a previous appeal:October 26,2022:The commission adopted Resolution PC2022-12 upholding the decision of the Zoning Administrator to approve a Minor Development Review,Use Permit,and Environmental Review, and partially granting an appeal by Steve Mirabito/StoragePro of Fairfield,LLC to modify the conditions of approval.October
12,2022:The commission motioned to uphold the decision of the Zoning Administrator to approve a Minor Development Review,Use Permit,and Environmental Review,and partially granted an appeal by Steve Mirabito/StoragePro of Fairfield,LLC,to modify the conditions of approval.

The direction was provided to staff to revise Resolution PC2022-12 to meet the motion.

The
Zoning Administrator held the following duly noticed public hearings to consider the project entitlement requests:August
1,2022:The Zoning Administrator granted Minor Development Review,Use Permit,and Environmental Review approvals to construct a Recreational Vehicle Storage facility within the Limited Industrial IL)Zoning District on a property at 490 Edison Court,Fairfield.June 13,2022:The Zoning Administrator held and continued a public hearing for a Minor Development Review,Use Permit,and Environmental Review request to construct a Recreational Vehicle Storage facility within the Limited Industrial IL)Zoning District on a property at 490 Edison Court,Fairfield.Packet

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Agenda Item No: 15.AGENDAREPORTDATE:February 21,2023TO:Mayor and CityCouncilFROM:David Gassaway,CityManagerSUBJECT:Public Hearing andResolution 2023-36 of the City Council of the City of Fairfield Upholding thePlanningCommission’s Decision and Approving a Minor Development Review MD2021-011)and Use Permit UP2021-002)for the Development of a Recreational VehicleStorageFacility,with the Capacity for 138 Vehicles and Solar Carports on a 4.21-AcreParcelat490Edison Court APN: 0180-130-110)RECOMMENDEDACTIONHoldpublichearing and adopt resolution.STATEMENT OFISSUETheFairfield Zoning Ordinance allows any party aggrieved or affected by a decision ordeterminationbythePlanningCommissiontofileanappeal within 14 business days following the commission’sdecision.When an appeal has been filed,the community development director shall schedulethematterforconsiderationbythe City Council within 45 days of the appeal submittal.On October 26,2022,the commission passed Resolution PC2022-12 regarding the EdisonRVStorageproject.On December 29, 2023, the project applicant filed an appeal to theCommunityDevelopmentDepartment.In accordance with Zoning Ordinance Section 25.44.2 Appeal Filing,theappealwassubmitted beyond the proper filing date. Despite the untimeliness of the appeal filing,staffandlegal counsel recommends that the council hear the appeal and allow the applicant to exhaustalltheirremediesforaction.It should be noted that this recommendation is due to theunusualcircumstanceofaninconsistentcommission agenda for the October 26,2022,meeting.Upon reviewing the appeal, staff recommends that the council upholds the decision of thecommissiontoapprovethe project subject to the development conditions of approval,as attached in Exhibits AandB.DISCUSSION1.Project Description:The project proposal is a recreational vehicle RV) storage facilitywithcoveredcarportstructures and associated site utilities and infrastructure improvements.Theprojectconsistsof 132 covered parking stalls and an additional six uncovered parking stalls.Theproject,as proposed and conditioned, meets all required City development regulations.Furtherprojectanalysiscanbereviewedintheattached October 12 and October 26,2022,Commissionreports.2.Background:Minor Development Review,Conditional Use Permit,and EnvironmentalReviewapplicationswerereceivedbythePlanningDivisiononApril7,2021, for the project.The project’senvironmentalreview was an extended process due to stormwater design challenges withtheadjacentJamesonCanyonCreek.After careful consideration and coordination between Citystaffandtheapplicantteam,all impacts on the Creek were avoided,and the project couldproceedforwardunderaCalifornia Environmental Quality Act CEQA)exemption.On June 13, 2022,a public Zoning Administrator hearing for the project was held.Theapplicantteamwas present,and no further members of the public attended. During the hearing,theapplicantraisedconcerns about several of the project conditions of approval.To providemoretimeforCitystaff and the applicant to discuss the conditions,the hearing was continued,andnoformalactionwastaken. Over the next six weeks,staff coordinated with the applicant toaddressconcernsregarding the conditions of the required trash enclosure,the Edison CourtStreetmoratorium,the proposed stormwater system,and the proposed stormwater detention.On June 20,2022,City staff met with the applicant and provided clarifications on thestreetmoratorium,stormwater systems,and stormwater detention conditions to the satisfaction oftheapplicant.Further discussions were had regarding the trash enclosure conditions.Specifically,theoriginalconditionsrequiredthatsignage be constructed with the trash enclosure identifying 1)source-separation for recyclables,organics, and garbage 2)tenants/customers having accesstotheenclosure3)restrictions on disposal of hazardous and electronic waste in the enclosureand4)contact information for Republic Services for additional waste management options.Theapplicantexpressedconcernsthatthe signage conditions would attract people to dumplargeobjectsandexcess 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 providewastecontainersfortheircustomerstodisposeofwaste. Furthermore, the applicantofferedconsiderationsthatthey would keep the trash enclosure locked to restrict customer accessandavoidunwantedwaste.To address the applicant’s concerns,staff revised the conditionbyremovingthelanguage regarding the disposal of hazardous and electronic waste and thecontactinformationfor Republic Services.Signage requirements regarding access to the enclosurewererevisedbyreplacingthetrash enclosure” verbiage with trash receptacles/carts”to providetheapplicantflexibilityontheoperationsof the trash enclosure while ensuring the intent ofproperwastemanagement remained,as required by the Article VI,Chapter 9,of the Municipal Code.Additional discussions were had on the size of the trash enclosure.The applicantprovideddescriptionsofthe business operations and records of another facility’s weekly waste generation.Staff acknowledged this information and concurred that the project scope did not warranttheCity’s standard enclosure size for Office, Retail,Industrial and General Commercial”usesover20,000 square feet.City staff had already significantly reduced the trash enclosure sizeandinformedtheapplicantthatthe size requirements imposed by the conditions of approvalfactoredinthe low-intensity land use operations.The Zoning Administrator public hearing was continued to August 1,2022,where themodifiedconditionsof approval were presented,public comments were received,and an approvalactionontheprojectwasmadebytheZoning Administrator.For reference,the hearing sign-in sheetandannotatedverbal public comments made during the hearing are attached as Exhibit C andExhibitD,respectively.On August 23,2022,the applicant filed an appeal of the Zoning Administrator’s decision ontheproject.The appeal addressed four conditions of approval for the project.Theappellantrequestedthecommissiontoreconsider conditions regarding 1)signage that statescustomersshallhave access to waste receptacles/carts for waste disposal 2)providing two cubicyardcontainersforwaste and recycling within the trash enclosure and 3/4)the City’sindemnificationclausewhichisconditionedinboththeMinorDevelopment Conditions of Approval and theUsePermit].In the appeal filing and during the commission meeting of October 12, 2022,theappellantassertedthattheconditioned signage would invite customers to dispose of imported waste on-site,including potentially hazardous materials. Therefore,burdening the facility withwastemanagementrequirementsbeyondwhatisbelievedto be appropriate for the RV storage usedbytheapplicant. Furthermore,the appellant stated that the signage condition is not detailed enough,in that it is subject to review and approval of the Public Works Department prior to the issuanceofaBuilding Permit. The appellant continued the appeal justification noting that the PublicWorksDepartment’s Conditions of Development requires two cubic yards of recycling and waste binsinan18ft-by-9 ft enclosure.The appeal claimed that the recycling and waste bins are largerthanwhatisneededforthefacility.The appellant echoed that this condition,like the signage condition,will encourage customers to dispose of imported waste on-site and burden the facility withexcesswastemanagementresponsibilities.The appellant requested that the condition be reduced toamorereasonable requirement,”referring to a reduction in enclosure size. The appealconcludedwithanassertionthat the City’s indemnification clause condition is too broad when combinedwiththesignagerequirement.It,therefore, unreasonably requires the facility to assume risksimposedbythesignagecondition.The appeal requested that the indemnity conditions be revisedtorequiretheCitytoacceptjointandseveral liabilities for any claims arising out of the disposalofhazardouswasteon the site.After a lengthy discussion,the commission made a motion to uphold the Zoning Administrator’sapprovalandpartiallygranttheappealbyrevising the conditions of approval to reduce the sizeofthetrashenclosure.On October 26, 2022,the staff brought the revised Resolution PC2022-12backtothe commission for action. As previously noted,the agenda for the meeting statedtheitemwas a public hearing,which it was not.Prior to the meeting, staff and legal counselclarifiedforthe appellant that the information on the agenda was inconsistent with the process.Atthemeeting,staff provided an opportunity for public comment on the item,during which timetheappellantreiteratedthebasisfortheir appeal. After deliberation,the commission approvedtherevisedResolution PC2022-12.3.Summary of Appeal to City Council:The appellant has provided a multiple-point appealletterrequestingfiveconditionsofapprovalfortheprojecttoberemovedorrevised1)signagethatstatescustomersshallhave access to waste receptacles/carts for waste disposal 2)requiringthefinalsignage design and location to be reviewed and approved by the PublicWorksDepartment3/4) the City’s indemnification clause which is conditioned in both theMinorDevelopmentConditionsofApprovaland the Use Permit]and 5)construction of a 13ft by 8fttrashenclosure.The appeal documents are attached as Exhibit E.Theappealreiteratesthecommission’s appeal that the signage condition will adversely affect thebusinessbyoverburdeningtheoperationswithwastemanagementresponsibilitiesthatexceedwhatisappropriateforRVstorageuse.The appellant claims that the condition is unreasonableandwillencouragethedumpingofimportedwaste,including hazardous materials.Furthermore,theappealcitesthattheconditiongoesbeyondtherequirementsof,and violates,FairfieldMunicipalCodeSection9.230 Litter due to the facility generating little waste.The appealconcludesthattheconditionshouldberemovedbecausetherearenocoderegulationsthatrequirethesignage,and it is more than what is necessary.In correlation to the signage condition,theappellantrequeststheconditionforthePublicWorksDepartmenttoreviewandapprovethesign’sfinaldesignandlocationtoberemovedbecauseitisnotprescriptiveenough.TheappealrestatestheassertionthattheCity’s indemnification clause condition is too broadwhencombinedwiththesignagerequirement.The appellant claims there is an increased liabilityriskduetothesignageconditions.Should the signage conditions remain,the appellant requeststheindemnityconditionsberevisedtorequiretheCitytoacceptjointandseveralliabilitiesforanyclaimsarisingoutofthedisposalofhazardouswasteonthesite.Theappealalsorequeststhatthecouncilremovetheconditionto construct a 13ft by 8ft trashenclosure,asmodifiedbythecommission.The appeal asserts that the construction of anenclosureisunreasonableandunrelatedtothewastegenerationoftheRVstorageuse,and thatwastecartscanbeutilizedandstoredindoorsinplaceofanenclosure.Theappealadditionallyclaimsthatthecommissionimproperlyheldtwo hearings on the initialappeal.TheappellantstatesthatResolutionPC2022-12 should have been placed on the consentcalendarforthecommission’s October 26,2022,meeting.Furthermore,the appellant notes thattheappealwasplacedontheagendaasapublichearing.While City staff and legal counselnotedthattheappealitemwas,in fact,not a public hearing,the appellant asserts that a quasi-hearingwasheld.Lastly,the appeal requests for the Use Permit to begin on the date of the council’s final decision.Theappealletterconcludeswithasummaryoftherequestedconditionremovalsandrevisions.Additionally,the summary includes a statement that the filing of said appeal is timely in that it wassubmittedwithin14businessdaysofDecember7,2022,the date the executed ResolutionPC2022-12wasreceivedbytheappellant.Again,the appellant submitted their appeal letter totheCityonDecember29,2022.4.Staff Analysis of Appeal:Staff finds the appellant failed to properly file the appeal within 14businessdaysofthecommission’s decision on October 26,2022,as codified in Section25.44.2.B of the Zoning Ordinance.Additionally,there is no explicit timeframe for providing writtennoticeofthecommission’s decision or the associated resolution.Therefore,there is no supportfortheclaimthatadelayinreceivingtheresolutionwouldextendtheappealperiod.However,due to the unusual circumstances of the agenda item describing the commissions’decisiononResolutionPC2022-12 as a public hearing for the October 26,2022,meeting,staffacceptedtheappealsubmittaltoallowtheappellanttoexhausttheiradministrativeremedies.ItshouldbenotedthatalthoughtheagendaofOctober26,2022,described the resolution action asapublichearing,both legal counsel and City staff informed the appellant team before the meetingthattheappealwouldnotundergoanotherpublichearing.The item was listed as a scheduledmatteritemratherthanaconsentcalendaritembecausetheCity’s Planning Commission doesnothaveaconsentcalendar.During the commission meeting,it was noted again that the itemwasnotsubjecttoapublichearing.The appellant was given time to address the commission as apubliccommentcourtesy.Whiletheappealhasbeen brought forth for a public hearing and council review,staffrecommendsupholdingthecommission’s decision because the appeal is untimely.The appellantdidnotsubmittheirappealletteruntilDecember29,2022,65 days after the commission’sdecisiononOctober26,2022.Additionally,December 29,2022,is fifteen business days afterstaffprovidedthewrittennoticeofthecommission’s decision to the appellants in the form of thefinal,approvedResolutionPC2022-12 on December 7,2022.Accordingly,the appeal is untimelyevenifyouaccepttheappellant’s position that the date of the written notice should be treated asthedateofthecommission’s decision.Should the council wish to further review the merits of theappeal,thefollowinganalysisisincludedtoinformdeliberations.Thestaffhasreviewedthejustificationfortheappealandhasdeterminedit to be unsubstantiated.TomakefindingsofapprovalfortherequestedMinorDevelopmentReviewandUsePermit,staffmustascertainwhethertheproject’s development or business operations will create a nuisanceorbedetrimentaltothehealth,safety,morals,peace,or the general welfare of the surroundingneighborhoodandtheCity.The conditions in question are necessary to implement the project andensurethattheoperationoftheRVstoragefacilitywillnotbeanuisanceordetrimentaltothegeneralwelfareofthegreatercommunity.Furthermore,staff finds that the conditions areproportionaltolanduseintensityandnotanimpositionontheapplicant.Addressingthesignagecondition,staff crafted the language to safeguard the availability of wastedisposaltocustomersandensurewasteisnotleftuncontainedontheprojectsite.Uncontainedwastewouldimpactthefacilityoperations,placing the responsibility to collect and dispose ofwastetokeepthepropertycleanontothebusiness.Furthermore,if waste collection facilities arenotprovidedontheprojectsite,the likelihood of waste being littered onto adjacent properties andthepublicright-of-way are increased,which will negatively impact the surrounding community.AsnotedintheBackgroundInformationsectionofthisreport,staff coordinated with the appellant torevisetheconditiontoalleviateconcernswithaccesstothetrashenclosure,hazardous andelectronicwaste,and Republic Services contact.The nuanced language of trash enclosure”to“trashreceptacles/cart”was imposed as the appellant shared concerns with people overfilling anddumpingintotheenclosure.The current condition leaves flexibility for the appellant to providetrashreceptaclesinapreferredlocationandunderemployeesupervision,should they so choose.Thesignagelanguageisnecessarytoensurecustomersareawaretheyhaveaccesstothesereceptaclesandencouragesproperwastedisposal.The appellant’s concerns about customers’disposalofhazardousmaterialson-site are unrelated to the signage condition imposed.Furthermore,this concern could be alleviated with additional educational information stating thathazardousandelectronicwastearenotpermittedon-site and that Republic Services hasalternativedisposalmethods.However,this language was removed per the appellant’s requestduringtheJune2022meeting.Should hazardous or other unpermitted waste be left on-site,thebusinessmaycontactRepublicServicestoscheduleproperpick-up and disposal options.Thestaffhasworkedwiththeappellanttocraftreasonablesignageconditionsthatadequatelyaddressthewastedisposalconcerns.TheappealalsoreferencestheCity’s Municipal Code Section 9.230 Litter and states that thesignageconditionisinconflict.Staff does not concur with this assertion,as the intent of this codesectionistopreventlittering.The code section states that publicly patronized establishments andinstitutionsshallprovide,empty,and maintain adequate Containers for public deposit of SolidWastegeneratedbythepublicasaresultofthepatronizationofsuchestablishments.”Theconditionofthetrashreceptaclesandassociatedsignageimplementthiscodesectionratherthanviolateit.Notnotedintheappeal but identified in the conditions and relevant for the discussion,MunicipalCodeSection9.220 Recyclables and Organic Waste Generator Requirements requires allcommercial/industrialbusinessestoberesponsibleforprovidingabasiclevelofrecyclableandorganicwastecollection,including the minimum collection and delivery of waste to a resourcerecoveryfacility,such as Republic Services.Furthermore,Section 9.220 states,the businessownershall,E)Prominently post and maintain one or more signs where Recyclables and/orOrganicWastearecollectedand/or stored that set forth what materials are required to be sourceseparatedinadditiontocollectionproceduresforsuchmaterials.F)Notify and instructemployeesandtenantsofapplicablesourceseparationrequirements,including a list ofRecyclablesand/or Organic waste that are required to be source-separated for recycling.”Accordingly,the signage condition is not in conflict with the Municipal Code and supports thepolicyrationalebehindthesecodesections.Lastly,on signage,the appellant’s assertion that the signage condition improperly defers criticaldevelopmentdetails,such as location and content,is unpersuasive.The staff has made nostatementsorimplicationsthatthesignagewouldberequiredtobeoff-site,directed towards,orviewabletothepublic.The intent of the signage conditions is to guide the RV storage customerstoproperwastedisposal.If desired,the staff is amenable to providing more prescriptive directioninwritingtothebusinessowner.Regardingtheappellant’s concerns with the trash enclosure size,the original conditions approvedbytheZoningAdministratoralreadyaccountedforthelowintensityofbusinessoperationsbyrequiringasmallerenclosurethanthe18ftby12ftdimensionsprescribedbyCitystandardsfor“Office,Retail,Industrial and General Commercial”uses over 20,000 square feet.Additionally,thecommissiongrantedanevensmallerenclosuresize.As currently conditioned,the project isrequiredtoconstructthesmallestenclosuresizeavailableforcommercialprojects,13ft by 8ft.ItwouldbeagainstCitystandardstoallowanewcommercialdevelopmenttobeconstructedwithoutanytrashenclosuresonsite.Finally,indemnification conditions are applied to every development project and conditional usepermit.Thelanguageincorporatedintotheprojectentitlements was prepared with guidance fromlegalcounselandhasbeenstandardized.In no circumstance does staff recommend that thelanguageberevisedorremovedasthismayexposetheCitytoliability.FINANCIALIMPACTN/APUBLICCONTACT/ADVISORY BODY RECOMMENDATIONFortheFebruary21,2023,City Council meeting,a public hearing notice was published in the DailyRepublicnewspaperonFebruary10,2023,and mailed to all persons who own property within 500 feetofthesubjectproperty.Thecommissionheldthefollowing duly noticed public hearings to consider a previous appeal:October26,2022:The commission adopted Resolution PC2022-12 upholding the decision of theZoningAdministratortoapproveaMinorDevelopmentReview,Use Permit,and EnvironmentalReview,andpartiallygrantinganappealbySteveMirabito/StoragePro of Fairfield,LLC to modifytheconditionsofapproval.October12,2022:The commission motioned to uphold the decision of the Zoning AdministratortoapproveaMinorDevelopmentReview,Use Permit,and Environmental Review,and partiallygrantedanappealbySteveMirabito/StoragePro of Fairfield,LLC,to modify the conditions ofapproval.ThedirectionwasprovidedtostafftoreviseResolutionPC2022-12 to meet themotion.TheZoningAdministratorheldthefollowingdulynoticedpublic hearings to consider the projectentitlementrequests:August1,2022:The Zoning Administrator granted Minor Development Review,Use Permit,andEnvironmentalReviewapprovalstoconstructaRecreationalVehicleStoragefacilitywithintheLimitedIndustrialIL)Zoning District on a property at 490 Edison Court,Fairfield.June13,2022:The Zoning Administrator held and continued a public hearing for a MinorDevelopmentReview,Use Permit,and Environmental Review request to construct a RecreationalVehicleStoragefacilitywithintheLimitedIndustrialIL)Zoning District on a property at 490 Edison Court,Fairfield.ALTERNATIVE
ACTION The
council may choose to grant the appeal,in whole or in part,and direct staff to further modify the conditions of approval for this project.For this public hearing,staff has prepared a resolution to uphold the commission’s decision.The council may choose to approve or deny this resolution.STAFF CONTACT Meily
M.Sheehan,Interim Planning Manager 707)
428-7474 msheehan@fairfield.
ca.gov COORDINATED
WITH City
Attorney's Office,Public Works Department ATTACHMENTS:

Description
Proposed
Resolution Exhibit
A:Minor Development Review Conditions of Approval_MD2021-011 Exhibit B:Use Permit_UP2021-002 Exhibit
C:Zoning Administrator Hearing Sign-In Aug 1 2022 Exhibit D:Zoning Administrator Hearing Public Comments Aug 1 2022 2022- 10-12 Planning Commission Minutes and Staff Report 2022- 10-26 Planning Commission Resolution PC2022-12,Minutes,and Staff Report Exhibit E:2022-12-29 Edison RV Storage Appeal Form REVIEWERS:

Reviewer
Action Date Beavers,
Esther Approved 2/13/2023 5:30 PM Packet

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Fairfield City CouncilMarch 21, 2023

Fairfield City Council
March 21, 2023