Fairfield City Council
March 18, 2025

CITY OF FAIRFIELD

CITY COUNCIL

MEETING AGENDA

Tuesday, March 18, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.

For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

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) 638-0968, Webinar ID: 890 6021 3840, Passcode: 7074287400 Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
C. INVOCATION - Michelle King, M.D - Freedom from Religion Foundation and the Satanic Temple
D. PLEDGE OF ALLEGIANCE
E. COUNCIL REPORTS
F. CITY MANAGER REPORT
G. CITY ATTORNEY REPORT
H. CITY CLERK REPORT
I. PRESENTATIONS
I.1 Proclamation and Poem Declaring National Women's History Month Presented by Councilmember Doriss Panduro and Poet Laureate Michael Wyly J. 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, as determined by the mayor.

K. 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.

Recommended Action:

To approve the consent calendar.

K.1 CM Approval of Meeting Minutes for February 2025 7
Approval of Meeting Minutes for February 2025

Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
Recommended Action:

Approve the meeting minutes.

K.2 Resolution 2025-40 CM Emergency Solutions Grant Application 20 Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2024-2027 Funding Years of the State Emergency Solutions Grant Program
Funding Source: N/A
Contact: April Cobb, (707) 428-7609
Recommended Action:

Adopt resolution.

K.3 Resolution 2025-41 PW Brighton Place Subdivision Improvement Agreement Acceptance
26 Accepting the Subdivision Improvements for the Brighton Place Subdivision as Complete
Funding Source: N/A
Contact: Roger Dunham, (707) 428-7478
Recommended Action:

Adopt resolution.

K.4 Resolution 2025-42 PW Fire Station 36 Easement Acquisition 29 Approving the Execution of the Agreement for the Acquisition of Permanent Easement Between the City of Fairfield and TAL Green Valley, LP related to Fire Station 36 on Business Center Drive
Funding Source: $60,000; Building Capital Fund
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:

Adopt resolution.

K.5 Resolution 2025-43 PW Serpas Ranch Development Open Space Grant of Deed Restrictions
91 Authorizing the City Manager to Execute the Grant of Deed Restrictions on Open Space Parcels Granted to the City by the Serpas Ranch Development Funding Source: N/A
Contact: Alvin Lei, (707) 428-7476

Recommended Action:

Adopt resolution.

K.6 Ordinance 2025-01 CD Amending Various Sections of Chapter 25 and Ordinance 2025-02 Amending Section 7.5 of Chapter 7
237
Second Reading of Ordinance 2025-01 Amending Various Sections of Chapter 25, Article I of the Municipal Code, also known as the Zoning Ordinance, to Revise and Create New Land Use Definitions; Update Land Use and Development Regulations for Several Zoning Districts; Remove References to the Former Downtown Commercial Core District in the Train Station Specific Plan PD Overlay District; Adjust the Development Permit Requirement Thresholds for Single-Family Residential Developments; and Create New Measurement Regulations to Calculate Building Transparency; and Ordinance 2025-02 Amending Section 7.5 of Chapter 7, Article II of the Municipal Code, also Known as the Electricity Ordinance, to Remove Provisions that Require Transformers to be Installed Within Subsurface Vaults in the Train Station Specific Plan Area
Funding Source: N/A
Contact: Jonathan Atkinson, (707) 428-7387
Recommended Action:

Provide second reading and adopt Ordinance 2025-01 and Ordinance 2025-02.

K.7 CD 2024 Annual Progress Reports for General Plan and Housing Element 306 Funding Source: N/A
Contact: Jessie Hernandez, (707) 428-7450
Recommended Action:

Receive report and authorize submission to the State.

K.8 Resolutions 2025-44 and 2025-45 HD Allocating Local Housing Trust Funds and Joint Application with Danco for Homekey+ Funding
386
Resolution 2025-44 Authorizing the City of Fairfield to Supersede Resolution 2025-14 Allocating of Local Housing Trust Funds to Danco Communities for the Acquisition and Redevelopment of Permanent Supportive Housing at 3331 North Texas Street, Fairfield, CA; and
Resolution 2025-45 Authorizing the City of Fairfield to Supersede Resolution 2025-25 for Submitting a Joint Application to Apply for HomeKey+ Funding or the Acquisition and Redevelopment of Permanent Supportive Housing at 3331 North Texas Street, Fairfield, CA
Funding Source: N/A
Contact: LaTanya Terrones, (707) 428-7454
Recommended Action:

Adopt resolutions.

L. NEW BUSINESS
L.1 Resolutions 2025-46 and 2025-47 CD Advisory Board Report and Levy an Assessment Against North Texas Street Business Improvement District 393
Resolution 2025-46 Approving the Report of the Advisory Board for Calendar Year 2024 and Proposed Budget for Calendar Year 2025 in Connection with the North Texas Street Business Improvement District; and
Resolution 2025-47 Declaring Intention to Levy an Assessment Against Businesses Within the North Texas Street Business Improvement District for Calendar Year 2025 and Setting a Time and Place for Hearing Objections Thereto
Funding Source: N/A
Contact: Jennifer Rice, (707) 428-7727
Recommended Action:

Adopt resolutions.

M. PUBLIC HEARINGS
M.1 Ordinance 2025-03 PD Amending Chapter 12.800, Section 12.804 Infraction to Misdemeanor
408
Amending Chapter 12.800, Section 12.804, Changing Any Violation of the Ordinance from an Infraction to a Misdemeanor
Funding Source: N/A
Contact: Daniel Marshall, (707) 428-7366
Recommended Action:

Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.

M.2 Continued Resolution 2025-37 CD Rescinding Approved Business Permit to Authentic Fairfield LLC
411
Rescinding the Approved Issuance of a Commercial Cannabis Retail Business Permit to Authentic Fairfield LLC
Funding Source: N/A
Contact: Dave Zellers, (707) 428-7436
Recommended Action:

Hold public hearing and adopt resolution.

N. ADJOURN
ADJOURN TO TUESDAY, APRIL 1, 2025, 6:00 P.M., HARRY T. PRICE MEMORIAL 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, Esther Beavers, 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 Wednesday, March 12, 2025.

Agenda Item No: K.1

AGENDA REPORT
DATE: March 18, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Approval of Meeting Minutes for February 2025

Funding Source: N/A

Contact: Esther Beavers, (707) 428-7402

RECOMMENDED ACTION
Approve the meeting minutes.

STATEMENT OF ISSUE
Minutes need approval by the City Council.

DISCUSSION
The City Council Minutes for February 2025 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.

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]

ATTACHMENTS
Attachment 2: 2025-02-04 Closed Session Minutes
Attachment 3: 2025-02-04 City Council Minutes
Attachment 4: 2025-02-18 Closed Session Minutes
Attachment 5: 2025-02-18 City Council Minutes

CITY OF FAIRFIELD

CLOSED SESSION MEETING

SPECIAL MEETING
TUESDAY, FEBRUARY 5, 2025; 5:30 PM
CITY HALL, CITY MANAGER'S OFFICE, 1000 WEBSTER STREET, 4TH FLOOR, FAIRFIELD, CA 94533 OR VIA ZOOM

MINUTES

CALL TO ORDER

Mayor Catherine “Cat” Moy called the meeting to order at 5:34 p.m. City Attorney David Lim called roll.

Present in person were Councilmembers Doug Carr, Doriss Panduro, Manveer Sandhu, Scott Tonnesen, K. Patrice Williams, Vice Mayor Pam Bertani, and Mayor Cat Moy.

No persons wished to speak in person or via Zoom at public comment.

The City Council went into closed session on Item #F1:

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9) Workers Compensation Claim by Keith Packer
Claim No. FFL2100135

Present were Acting City Manager Savita Chaudhary, City Attorney David Lim, Farbod Pirouzmand, Angela Broaddus, and Kathleen McDonald (Zoom).

The council came out of closed session.

The council postponed consideration of Item #F2 to a future date:

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Workers Compensation Claim by Christopher Bell
Claim No. FFL2100105

Mayor Moy adjourned the meeting at 5:40 p.m.

______________________________
City Attorney
________________________________
Mayor

1 CITY OF FAIRFIELD

CITY COUNCIL MINUTES

February 4, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom

_____________________________________________________________________

A. CALL TO ORDER 6:00 PM
Mayor Catherine " Cat" Moy called the meeting to order at 6:00 pm.

Councilmember Doug Carr joined the meeting at 6:01 pm.

Vice Mayor Pam Bertani joined the meeting at 6:01 pm.

Councilmember Doriss Panduro joined the meeting at 6:01 pm.

Manveer Sandhu joined the meeting at 6:01 pm.

Councilmember Scott Tonnesen joined the meeting at 6:01 pm.

Councilmember K. Patrice Williams joined the meeting at 6:01 pm.

Mayor Catherine "Cat" Moy joined the meeting at 6:01 pm.

City Clerk Karen Rees joined the meeting at 6:01 pm.

City Attorney David Lim joined the meeting at 6:01 pm.

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

C. INVOCATION - REVEREND PATRICK SERNA - INTERNATIONAL HIGHWAY FELLOWSHIP Reverend Patrick Serna of International Highway Fellowship provided an invocation.

D. PLEDGE OF ALLEGIANCE
The Scouts of America's Color Guard led the Pledge of Allegiance.

E. COUNCIL REPORTS

2 Councilmember Manveer Sandhu stated that he attended the Community Services Foundation Chocolate and Vine event. He mentioned a city in Australia that he would like the council to consider as a possible Sister City.

Vice Mayor Pam Bertani stated that the next Landscape Oversight Committee will take place on February 27, 2025, at 5 pm at 420 Gregory Lane (Corporation Yard). The Fairfield Clergy Action Network had its first meeting of the year, and they are planning to hold "Fresh Food Festivals" this year--the first one will be held at Anna Kyle Elementary School (date to follow). She spoke about the Southern California fires and asked our Fire Department to give a fire infrastructure update at a future council meeting.

Councilmember Doriss Panduro reported she and Councilmember Carr attended the 2 x 2 Regional Homeless CAP Solano JPA meeting, and she and Councilmember Williams attended the California Association of Sanitation Agencies (CASA) conference in Palm Springs. She also attended a Chocolate and Vine event hosted by the Community Services Foundation. She shared that the Culinary Club at Fairfield High School prepared delicious appetizers for the event. Lastly, she reported she attended the quarterly Civic Leaders Breakfast at Travis Air Force Base.

Councilmember Doug Carr thanked Public Works, Police, Fire, and staff for taking great care of the city during the recent rainstorms.

Councilmember Scott Tonnesen requested Item K.1 be pulled off the consent calendar to be moved t o New Business for discussion. He attended Vanden High School's Football Champion Parade. Lastly, he asked that the meeting be closed in honor of esteemed Fairfield citizen Arthur "Art" Engle, who died recently and was like a second father to Scott.

Councilmember K. Patrice Williams attended the CASA conference in Palm Springs in January with Councilmember Panduro, which she stated was excellent and informative.

She spoke about the effects of the executive orders from the White House.

Mayor Catherine "Cat" Moy thanked all the first responders and Public Works handling the challenging stormy weather. She stated that February 4 is World Cancer Day and that she is a 10 -year cancer survivor. She reported that the United States will celebrate its 250th anniversar y, or semi quincentennial, in 2026. This momentous occasion will be commemorated with a variety of events and activities across the country that Fairfield will celebrate. Staff is researching ideas and ways we can engage.

F. CITY MANAGER REPORT
Assistant City Manager Savita Chaudry had no report.

G. CITY ATTORNEY REPORT
City Attorney David Lim had no report.

H. CITY CLERK REPORT
City Clerk Karen Rees had no report.

3 I. PRESENTATIONS
I.1 Proclamation and Poem Declaring Black History Month Presented by Councilmember K. Patrice Williams and Poet Laureate Michael Wyly Councilmember K. Patrice Williams presented the Black History Month Proclamation to Mr. Shanan Danley of A2MEND Black Falcon Chapter of Solano Community College. Poet Laureate Michael Wyly read an original poem entitled "Oh, who will come and go with me?" dedicated to the memory of Mr. Adam Willis (1819–1891), a pioneer and one of the earliest known Black settlers in Fairfield.

I.2 Proclamation Declaring Scouting Day Presented by Mayor Catherine "Cat" Moy Mayor Moy presented the National Scouting America Day proclamation to all the different troops and packs in Fairfield. February 8, 2025, is the 115th anniversary of Boy Scouts of America (now called Scouting America).

I.3 Proclamation Declaring Vanden High School Football Champions Day Presented by Vice Mayor Pam Bertani
Vice Mayor presented the Vanden High School Football Champions Day Proclamation to the Vanden High School Football team and Head Coach Mike Clark.

J. PUBLIC COMMENTS
Jeff Trager spoke about the events at the downtown theater.

Crystal spoke about FAST transit.

K. CONSENT CALENDAR
Item K.1 will be moved to New Business per Councilmember Tonnesen's request.

Moved by: Councilmember Tonnesen
Seconded by: Manveer Sandhu
To approve the consent calendar.

Motion Carried Unanimously

K.1 Resolution 2025-17 CM Solano Economic Development Corporation Agreement Liz Aptekar presented on Resolution 2025 -17 CM Solano Economic Development Corporation Agreement. Councilmember Tonnesen asked where the minutes are posted and if the TCC is under the Brown Act.

Moved by: Councilmember Tonnesen
Seconded by: Vice Mayor Bertani
Adopt resolution.

4 Motion Carried Unanimously

K.2 Resolution 2025-18 PR Folger Graphics, Inc. Services Contract Adopt resolution.

K.3 Resolution 2025-19 IT Master License Agreement – New Cingular Wireless PCS, LLC.

Adopt resolution.

K.4 Resolution 2025-20 HD Application to California Department of Housing and Community Development for CalHome Funding
Adopt resolution.

K.5 Resolution 2025-21 PW Clean CA-SR12 Beautification Acceptance and Resolution 2025-22 Clean CA-SR12 Beautification Landscape Maintenance Service Contract
Adopt resolutions.

K.6 Resolution 2025-23 PW Enclave Red Top – Unit 3 Subdivision Improvement Agreement
Adopt resolution.

K.7 Resolution 2025-24 PW Cogeneration Engine Maintenance Services Agreement Adopt resolution.

L. NEW BUSINESS
L.1 CM Minute Action Approving the Mayor’s Appointments After the vote, City Clerk Rees administered the Oath of Office to the following individuals: Cynthia Apaka, Jessica Aveytia, Jared Preston of Rockville Park Citizens Advisory Committee; Carol Haddock of Golf Advisory Board; and Youth Commissioner Daniel Gonzalez.

Moved by: Councilmember Panduro
Seconded by: Councilmember Tonnesen
Approve appointments. Perform oath of office.

Motion Carried Unanimously

L.2 PW Electric Bike Usage in Rockville Hills Regional Park The council received the report presented by Jared Preston of the Rockville Park Citizens Advisory Committee. Jim Carr, Julie Baptista, Vince Guisande, and Veronica

5 Cornett (online) spoke on Item L.2. After a lengthy discussion, council requested that the item be brought back to City Council for a vote with a proposal and funding options, including staffing options.

E-bike discussion by council.

Receive report and provide direction to staff.

L.3 Resolution 2025-25 HD Joint Application with Danco for Homekey+ Funding Senior Housing Project Manager La Tanya Terrones gave a presentation. Lynna Magnuson, DeAndre "Dre" Richards, developer Chris Dart, and Chris Palomo spoke on Item L.3.

Moved by: Councilmember Williams
Seconded by: Manveer Sandhu
Adopt resolution.

Motion Carried Unanimously

M. ADJOURN
ADJOURNED MEETING AT 9:41 P .M. TO FEBRUARY 18, 2025, AT 6 PM COUNCIL MEETING AT HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

Mayor City Clerk

CITY OF FAIRFIELD

CLOSED SESSION MEETING

SPECIAL MEETING
TUESDAY, FEBRUARY 18, 2025; 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, Manveer Sandhu (arrived at 5:12 p.m.), Scott Tonnesen, K. Patrice Williams (arrived at 5:03 p.m.), Vice Mayor Pam Bertani, and Mayor Cat Moy.

No persons wished to speak in person or via Zoom at public comment.

The City Council went into closed session on Item #F.1:

Labor Negotiations
Contact: Farbod Pirouzmand

Present were City Manager David Gassaway, Assistant City Manager Savita Chaudhary, City Attorney David Lim, and Human Resources Director Farbod Pirouzmand.

The City Council went into closed session on Item #F.2:

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9) Houston v. City of Fairfield, et. al.

United States District Court (Eastern District of California) Case No. 2:22-cv-01045-DB
Attorney: Patrick Moriarty, David Lim

Present were City Manager David Gassaway, Assistant City Manager Savita Chaudhary, City Attorney David Lim, Police Chief Dan Marshall, Erika Milton, Patrick Moriarty, and John Robinson.

The City Council came out of closed session.

Mayor Moy adjourned the meeting at 5:43 p.m.

______________________________
City Attorney
________________________________
Mayor

1 CITY OF FAIRFIELD

CITY COUNCIL MINUTES

February 18, 2025, 6:00 p.m.

Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom

_____________________________________________________________________

A. CALL TO ORDER
Mayor Catherine " Cat" Moy called the meeting to order at 6:00 pm.

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

C. INVOCATION
Pastor Vernon Burroughs of Community United Methodist Church of Fairfield gave an invocation.

D. PLEDGE OF ALLEGIANCE
City Attorney David Lim led the Pledge of Allegiance.

E. COUNCIL REPORTS
Councilmember Sandhu reported he had a meeting with Solano Meals On Wheels and that he attended the Lunar New Year’s celebration at Yin Ranch in Vacaville on February 2, which was hosted by the Chinese American Association of Solano County. This year is the “Year of the Snake.”
Vice Mayor Bertani reported she attended an event hosted by the Black Student Union of Rodriguez High School in honor of Black History Month. She stated the students were deep thinkers and an impressive group. Next, she invited the faith community to attend the next Fairfield Clergy Action Network ( CAN) monthly meeting on February 25 at 3 pm at Willow Hall.

Councilmember Panduro shared that she and Police staff held their joint cleanup of North Texas Street last Saturday, as part of their Adopt A Street participation. She reported that she attended t he Valley Strong Credit Union grand opening and recalled how the late Mayor Harry Price had attended the ground -breaking with several councilmembers in 2022 (which was his last event as mayor before hie died). She commented on how

2 beautiful the building is . Lastly, she shared that the North Texas Street Business Association would hold its monthly meeting at the Fairfield-Suisun Chamber of Commerce on February 19 at noon.

Councilmember Carr distributed the Rotary Good Character Youth Awards at the Kroc Center in Suisun on February 5, where 27 students were honored for embodying the core values of truth, fairness, and service to others (many of the students were PAL kids).

Councilmember Tonnesen reported that a lot more improvements are scheduled for the downtown area and thanked the community for their patience. He said, “It will get done!” Councilmember Williams spoke about the council retreat in late January. At the retreat, the council set its priorities and goals for the year. She said it was an excellent two-day session, and they accomplished a lot.

She spoke about Fairfield having excellent assets in our businesses, schools, parks, etc.

Lastly, she said she enjoys her regular meetings with Mayor Moy.

Mayor Moy stated that Interstate-80 road construction b etween Fairfield and Vacaville will include an express toll lane. The toll fee information has not yet been released but should be soon. Also, on Interstate 80 westbound, Solano Transportation Center and the State of California will build a brand -new truck stop. They are currently removing trees along the Linear Trail adjacent to the freeway to make room for the new building and widening of lanes. Groundbreaking should happen this spring.

Lastly, she attended a meeting by the Suisun Valley Vintners & Grower s Association meeting on February 5, where they heard from Cary Keaten, General Manager, Solano Irrigation District, regarding the proposed repurposing of Lake Berryessa water under the ‘Unrestricted Flow’ mandate proposed by the State Water Resources Cont rol Board. She said more information will be forthcoming but the outlook is poor, as the State wants to take up to 75% of Solano County’s water. She said all of Solano County’s elected officials will be involved in the next meeting.

F. CITY MANAGER REPORT
City Manager David Gassaway had nothing to report and there were no changes to the agenda.

G. CITY ATTORNEY REPORT
City Attorney David Lim had nothing to report.

H. CITY CLERK REPORT
City Clerk Karen Rees reported that the Trash Mob on February 8 was a suc cess. She thanked PTO President Janet Gassaway of Sullivan Language Immersion Academy for recruiting parents and students to help clean a section of Linear Trail off Union Avenue.

She also thanked Councilmember Sandhu for attending. She reported that there were

3 openings on two committees: the Community Development Block Grant Advisory Committee and the Landscape Oversight Committee.

I. PRESENTATIONS
I.1 Proclamation Declaring National Cancer Prevention Month Presented by Mayor Catherine "Cat" Moy
President of Solano Midnight Sun Foundation, Barbara Rigdon, was unable to attend to receive the proclamation.

I.2 Fire Resiliency and Preparedness Update
Fire Chief John Sturdee gave the update on wildfire resiliency and preparedness.

J. PUBLIC COMMENTS
 Jeff Trager spoke about upcoming events at the Downtown Theatre.  Curt Johnston spoke about the Vineyard Jam Concert happening on June 28, 2025, at Solano Community College.
 Russell Cameron spoke about the Solano Grand Jury and its need for new jury members.
 James Berg spoke about Suisun City.

K. CONSENT CALENDAR
Moved by: Vice Mayor Bertani
Seconded by: Councilmember Williams
To approve the consent calendar.

Motion Carried Unanimously

K.1 CM Approval of Meeting Minutes for January 2025
Approve the meeting minutes.

K.2 Resolution 2025-26 PW Waterman Pipeline Project Acceptance Adopt resolution.

K.3 Resolution 2025-27 PW Cadenasso Drive Pavement Reconstruction Project Acceptance
Adopt resolution.

K.4 Resolution 2025-28 PW Urban Water Management Plan 2025 Update Adopt resolution.

4 K.5 Resolution 2025-29 CD Pacific Gas & Electric Easement Deed Adopt resolution.

L. PUBLIC HEARINGS
L.1 Ordinance 2025-01 CD Amending Various Sections of Chapter 25 and Ordinance 2025-02 Amending Section 7.5 of Chapter 7
Senior Planner Jonathan Atkinson presented.

Mayor Moy opened the public hearing.There were no requests to speak. Mayor Moy closed the public hearing.

Moved by: Councilmember Tonnesen
Seconded by: Councilmember Carr
Hold public hearing; waive full reading, read by title only and introduce ordinances for first reading.

Motion Carried Unanimously

M. ADJOURN
ADJOURNED MEETING AT 7:19 PM TO MARCH 4, 2025, AT HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.

Mayor City Clerk

Agenda Item No: K.2

AGENDA REPORT
DATE: March 18, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-40 CM Emergency Solutions Grant Application

Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendments Thereto from the 2024-2027 Funding Years of the State Emergency Solutions Grant Program

Funding Source: N/A

Contact: April Cobb, (707) 428-7609

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The California Department of Housing and Community Development announced the availability of approximately $39 million in federal funds for the Emergency Solutions Grant (ESG) Program, of which approximately $12 million is available for each year from fisc al year 2024 -2027. ESG funding is awarded to eligible applicants recommended by the local Continuums of Care and may be used for five program components: Street Outreach, Emergency Shelter, Homelessness Prevention, Rapid Rehousing, and Homeless Management Information System (HMIS). The Homeless Services Division will be submitting an application to the Housing First Solano Continuum of Care on March 7, 2025, and an ESG application will be submitted pending approval of local competition. The Homeless Service s Division is seeking City Council approval to submit an application for (ESG) for street outreach funding.

DISCUSSION
On September 30, 2024, the City of Fairfield Homeless Services Division (HSD), in partnership with the Fairfield Police Department and t he Housing Services Department, released a Request for Proposals for Unsheltered Outreach and Tenancy Support Services.

On October 23, 2024, HSD received four applications for Unsheltered Street Outreach Services and two applications for Tenancy Support Services. On November 12, 2024, a Rank and Review Panel, consisting of HSD, the Fairfield Police Department Homeless Intervention Team (HIT) Housing Services Department, the Fairfield Fire Department, the Public Works Homeless Engagement and Response Team (HEART), Community Development and an individual with lived experience in the City of Fairfield met by Zoom. The Panel independently reviewed and scored all applications following the scoring criteria as outlined in the Request for Proposal (RFP) prior to the meeting. After meeting to discuss the applications, the Panel recommended funding Caminar for Tenancy Support Services. Caminar and CANB were ranked as the top two candidates for Unsheltered Street Outreach. The Panel recommended an in -person interview with the two agencies for Unsheltered Street Outreach Services, requesting a modified budget and asking clarifying questions.

On November 14, 2024, the Rank and Review Panel conducted an in -person interview with the top two candidates (Caminar and CANB) for outreach services, consisting of HSD, HIT, and the Housing Services Department to request modified budgets and ask clarifying questions regarding proposals. After the interviews, a rescore of the top two candidates was completed with Staff recommending Change and New Beginnings for Unsheltered Street Outreach Services.

On December 3, 2024, HSD Staff, along with staff from CANB and Caminar, gave a presentation to the council. After presentations, staff asked council to discuss and provide direction. The council directed staff to enter into a Memorandum of Understanding with Change and New Beginnings for Unsheltered Street Outreach and Caminar for Tenancy Support Services.

The Street Outreach Team plays an important, on -the-ground role in connecting v ulnerable individuals experiencing homelessness to vital community resources and services. The Outreach Team consists of two full-time employees, an outreach worker and a housing navigator, focused on assisting unsheltered unhoused individuals in the City of Fairfield. If the local application is accepted and ESG funds are awarded, the funds would be used to expand to continue street outreach efforts when RFP funding has been expended.

FINANCIAL IMPACT
There is no fiscal impact currently as the execution o f this agreement is a requirement of the grant application. Funding has not been awarded yet.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to adopt this resolution. However, this is not recommended, as thi s resolution aligns with the City’s efforts to increase opportunities to transition individuals into permanent, stable housing.

COORDINATED WITH
N/A

STAFF CONTACT
April Cobb, Management Analyst
(707) 428-7609
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution/Ordinance

CITY OF FAIRFIELD

RESOLUTION NO. 2025-40

APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2024-2027 FUNDING YEARS OF THE STATE

EMERGENCY SOLUTIONS GRANT PROGRAM

A necessary quorum and majority of the city council members of the City of Fairfield (“Applicant”) hereby consent to, adopt and ratify the following resolution:

WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/31/2024 under the Emergency Solutions Grants (ESG) Program; and

WHEREAS, the applicant is an approved Subrecipient or Contractor.

SECTION 1. The applicant is an approved Subrecipient or Contractor by their Continuum of Care and is hereby authorized and directed to receive an ESG Program grant in an amount to exceed $750,000 in accordance with all applicable rules and laws.

SECTION 2. Applicant hereby affirms that if ESG Program funds remain available for allocation after the deadline for submitting an application, and if the Department advises Applicant that Applicant is eligible for an additional allocation from these remaining funds, Applicant is hereby authorized and directed to accept this additional allocation of funds (“Additional ESG Allocation”) up to the amount authorized by Department but not to exceed $375,000.

SECTION 3 . Applicant hereby affirms that the ESG Program funds and allocation amounts published under the NOFA represent three cons ecutive Annual Funding Cycles: the second and third Annual Funding Cycles are estimated amounts only, and actual amounts, if any, are contingent upon the Department receiving an annual grant agreement from the United States Department of Housing and Urban Development (HUD).

SECTION 4. The Department may approve funding allocations for the ESG Program, subject to the terms and conditions of the NOFA, Program regulations, Program guidelines, and the Standard Agreement. The Applicant acknowledges compliance with all state and federal public participation requirements in the development of its applications.

SECTION 5. If Applicant receives a grant of ESG program funds from the Department pursuant to the above-referenced ESG Program NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations laws and guidelines, including without limitation all rules and laws regarding the ESG Program, all as may be subsequently amended from time to time, as well as any and all other contracts Applicant may have with the Department.

RES. NO. 2025-40

SECTION 6. The Applicant hereby authorizes and directs the city manager or designee, to execute and deliver all applications and act on the Applicant’s behalf in all matters pertaining to all such applications.

SECTION 7. If an application is approved, the city manager or designee is authorized and directed to act on behalf of the Applicant in connection with the ESG Allocation Award and any Additional ESG Allocation enter into, execute , and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.

SECTION 8. If an application is approved, the city manager or designee is authorized to sign and submit Funds Requests and all required reporting forms, and other documentation as may be required by the State of California from time to time in connection with the grant.

PASSED AND ADOPTED at a regular meeting of the City of Fairfield City Council held on March 18, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS: ____
ABSENT:

Karen Rees, City Clerk

I, Karen Rees, am the City Clerk of the City of Fairfield City, a municipality, and as such, am familiar with the facts herein and do hereby certify as follows:

1. That the City is a municipality, duly formed, validly existing, and duly qualified to transact business in the State of California, with full power and authority to enter into agreements with the Department of Housing and Community Development (“Department”).

_____________________
By: Karen Rees, City Clerk
Date: March 18, 2025

RES. NO. 2025-40

PASSED AND ADOPTED at a regular meeting of the City of Fairfield City Council this 18th day of March, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Agenda Item No: K.3

AGENDA REPORT
DATE: March 18, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025 -41 PW Brighton Place Subdivision Improvement Agreement Acceptance

Accepting the Subdivision Improvements for the Brighton Place Subdivision as Complete

Funding Source: N/A

Contact: Roger Dunham, (707) 428-7478

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The adoption of the resolution will accept the subdivision improvements for the Brighton Place Subdivision (Subdivision) as complete.

DISCUSSION
Discovery Builders, Inc. (Developer) has completed all required improvements at the Subdivision in accordance with the subdivision improvement agreement approved by City Council on September 5, 2023, Resolution No. 2023-230. The Subdivision consists of six single-family lots on the northeast corner of Brighton Drive and Pennsylvania Avenue.

The construction work commenced in November 2023 . During the course of work, and with guidance from the City in spector, the contractor was able to achieve additional asphalt and concrete restoration beyond what was specified in the plans. Staff has inspected the Subdivision improvements and found them to be complete in accordance with City standards and the requirements of the subdivision improvement agreement. The final punch list was completed on February 5, 2025 . The proposed resolution accepts the Subdivision improvements as being complete, except for the obligation of the Developer to repair or reconstruct defective work for a period of one year after final acceptance.

FINANCIAL IMPACT
Acceptance of the public improvements by council w ill obligate the City to maintain the public improvements, which include the public water, sewer, storm drains, and streetlights. The Developer created a Property Owner’s Association (POA) to govern common interests shared between the residential lots. The new landscape installed along Pennsylvania Avenue, the stormwater quality basin installed along Brighton Avenue, and Sunningdale La ne shall be privately owned and maintained by either the homeowners or by the POA.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
If the council has any questions, acceptance may be delayed so that staff may provide the necessary additional information.

COORDINATED WITH
N/A

STAFF CONTACT
Roger Dunham, Public Works Construction Manager
(707) 428-7478
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution

CITY OF FAIRFIELD

RESOLUTION NO. 2025-41

ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR THE BRIGHTON PLACE SUBDIVISION AS

COMPLETE

WHEREAS, the City Council approved a subdivision improvement agreement with Discovery Builders, Inc. (Developer) for the required subdivision improvements for the Brighton Place Subdivision on September 5, 2023, by Resolution No. 2023-230; and

WHEREAS, the Developer has completed all the required improvements in accordance with the subdivision improvement agreement approved by council.

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

Section 1. The City hereby accepts the subdivision improvements as complete pursuant to the agreement between the City and the Developer, approved by council on September 5, 2023.

PASSED AND ADOPTED this 18th day of March 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Agenda Item No: K.4

AGENDA REPORT
DATE: March 18, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025-42 PW Fire Station 36 Easement Acquisition

Approving the Execution of the Agreement for the Acquisition of Permanent Easement Between the City of Fairfield and TAL Green Valley, LP related to Fire Station 36 on Business Center Drive

Funding Source: $60,000; Building Capital Fund

Contact: Ryan Panganiban, (707) 428-7017

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City must acquire a permanent sewer easement from TAL Green Valley, LP, to facilitate the construction of a new fire station near 4555 Business Center Drive. The total purchase price for the easement is $60,000. The proposed resolution authorizes the city manager to execute the acquisition agreement, certificates of acceptance, and all related documents.

DISCUSSION
The Public Works Department is currently in the process of procuring a contractor to build a new fire station located in the Green Valley Area on Business Center Drive (Assessor’s Parcel Number [APN]: 0148-540-360). The new Fire Station No. 36 ( CPW010036) includes the construction of a new single-story 7,260 square-foot building, including new utilities, site improvements, paving, landscaping, and full interior. To construct a gravity sewer main the Project is required to acquire a permanent easement situated on adjacent property. The Project is slated to begin construction in July.

The proposed easement impacts 4555 Business Center Drive (APN: 0148-540-410), owned by TAL Green Valley, LP. The 20-foot-wide easement extends approximately 370 feet along the northern

property line and is necessary for the construction and ongoing maintenance of the gravity sewer collection system.

FINANCIAL IMPACT
The cost for acquiring the easement from TAL Green Valley LP is $60,000. Funds are budgeted in the adopted fiscal year (FY) 2023-2024 through FY 2027-2028 Capital Improvement Program for Public Buildings (Fund 254, CPW010036).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The City Council may choose to modify or not enter into this agreement, which would delay the construction of the Project. Substantial delays in acquiring the easement would jeopardize the project completion date.

COORDINATED WITH
Fire Department and City Attorney

STAFF CONTACT
Caroline Vedder, Senior Civil Engineer
(707) 428-7484
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Agreement for Acquisition of Permanent Easement Attachment 4: Grant of Deed Easement

CITY OF FAIRFIELD

RESOLUTION NO. 2025-42

APPROVING THE EXECUTION OF THE AGREEMENT FOR THE ACQUISITION OF PERMANENT

EASEMENT BETWEEN THE CITY OF FAIRFIELD AND TAL GREEN VALLEY, LP RELATED TO FIRE STATION 36 ON BUSINESS CENTER DRIVE

WHEREAS, the City of Fairfield (City) plans to construct a new Fire Station 36 (Project) located on Business Center Drive; and

WHEREAS, a portion of the proposed improvements are located with property located at 4555 Business Center Drive (APN: 148-540-410) owned by TAL Green Valley, LP; and

WHEREAS, a permanent easement must be acquired in order to construct the Project; and

WHEREAS, the City would like to enter into a certain Agreement for Acquisition of Permanent Easement (Agreement) with TAL Green Valley, LP, and authorize the city manager to execute the Agreement and any associated instruments, including the acceptance of conveyance.

THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES AND ORDERS:

Section 1. The Agreement between the City of Fairfield and TAL Green Valley, LP , attached as Exhibit A, is hereby approved.

Section 2. The city manager is hereby authorized to sign the Agreement on behalf of the City of Fairfield to execute such additional instruments and undertake such measures as may be necessary to implement the Agreement, including one or more certificates of acceptance and Escrow Instructions as may be required.

Section 3. The city manager is hereby authorized to take all necessary steps to implement the above-mentioned appropriation authorization.

RES. NO. 2025-42

PASSED AND ADOPTED this 18th day of March 2025, by the following vote:

AYES: COUNCILMEMBERS: MOY/ BERTANI / CARR/ PANDURO / TONNESEN / SANDU / WILLIAMS

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

Agenda Item No: K.5

AGENDA REPORT
DATE: March 18, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2025 -43 PW Serpas Ranch Development Open Space Grant of Deed Restrictions

Authorizing the City Manager to Execute the Grant of Deed Restrictions on Open Space Parcels Granted to the City by the Serpas Ranch Development

Funding Source: N/A

Contact: Alvin Lei, (707) 428-7476

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Serpas Ranch residential development requires that a deed restriction be placed on parcels of land , dedicated to the City , for open space, monitoring and maintenance, and open space restoration per the report entitled “Serpas Ranch, Section 404, Mitiga tion Plan,” dated 11/30/1998. The developer is now ready for the City to accept the deed restriction. The recommended action authorizes the city manager to execute the Grant of Deed Restrictions.

DISCUSSION
The Serpas Ranch Project, previously known as Rancho Solano Oaks Project or Rancho Solano III, was a residential development entitled by Fairfield in the early 2000s. Environmental permits were issued by US Army Corps of Engineers (USACE), CA Regional Water Quality Control Board (RWQCB), and CA Department of Fish and Wildlife (CDFW, formerly CDFG) authorizing the project proponent. Duc Housing was the original developer and later legally transferred ownership to Standard Pacific Homes (Stan Pac) to fill an ephemeral channel associated with the development.

During the entitlement process, Zentner and Zentner (Zentner) was the biological consultant who secured the permits from USACE, RWQCB, and CDFW on behalf of Duc Housing. As part of the permitting process, Zentner prepared the Rancho Solano Oaks Wetland (Section 404) Revised

Mitigation Plan (Sept 16 - 2003 Mitigation Plan). The 2003 Mitigation Plan was approved by the agencies and implemented by Stan Pac. Mitigation work was completed in 2009, and the 10-year monitoring period began.

Those permits subsequently required Stan Pac to dedicate parcels of land (current Assessor’s Parcel Numbers: 0156-360-070, 0156-360-090, and 0156-360-110) as open space, restoration in that open space, and monitoring and maintenance after the 10 -year monitoring period. USACE and CDFW signed off on the mitigation work in 2009. However, RWQCB did not sign off on project completion because they required dedication of an easement over the mitigation area. Stan Pac previously transferred ownership of the mitigation area to the City and assumed that this transfer was sufficient for permit condition purposes. However, RWQCB staff did not accept the transfer as satisfying permit conditions. Subsequently, Stan Pac transferred ownership to Citation Homes.

In 2014, Citation Homes worked with RWQCB, which suggested a deed restriction as an alternative to an easemen t. Citation Homes then worked with the City of Fairfield and RWQCB staff to draft an acceptable deed restriction. Mitigation monitoring was completed in approximately 2019, which began the acceptance period with all the authorizing agencies.

Citation Home s are in the process of transferring ownership to Lennar Homes and desire to finalize discussions and satisfy RWQCB requirements. RWQCB staff are prepared to conclude the project and require the City’s acknowledgment of completion to release this mitigation from their oversight. This deed restriction represents the City’s acknowledgment of completion.

FINANCIAL IMPACT
There is no additional cost to the City in accepting the deed restriction. The City is already the owner responsible for these parcels and has been complying with maintenance and monitoring requirements.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to execute the Grant of Deed Restrictions, though staff does not recommend this due to possible penalties or additional regulatory actions unto the City by resource agencies (RWQCB, USACE).

COORDINATED WITH
City Attorney’s Office

STAFF CONTACT
Alvin Lei, Senior Civil Engineer
(707) 428-7476
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Grant of Deed Restrictions
Attachment 4: Vicinity Map

CITY OF FAIRFIELD

RESOLUTION NO. 2025-43

AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OF DEED RESTRICTIONS ON OPEN

SPACE PARCELS GRANTED TO THE CITY BY THE SERPAS RANCH DEVELOPMENT

WHEREAS, Lennar Homes (Lennar) acquired the entitlements for the Serpas Ranch development; and

WHEREAS, the Regional Water Quality Control Board requires Lennar to record a deed restriction on Assessor’s Parcel Numbers (APNs) 0156-360-070, 0156-360-090, and 0156-360-110 for open space, open space restoration, and monitoring and maintenance; and

WHEREAS, the City is the legal parcel owner of these APNs; and

WHEREAS, City staff has reviewed the terms of the deed restriction and agree.

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

Section 1. The city manager is authorized and directed to execute th e Grant of Deed Restrictions attached as Exhibit A.

Section 2. The city manager is hereby authorized to do all things necessary and proper to implement the above-mentioned agreement.

PASSED AND ADOPTED this 18th day of March 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
City of Fairfield
1000 Webster Street, 3rd floor
Fairfield, CA 94533 )
Attention: City Engineer )
____________________________________________________________________ Space Above Line for Recorder's Use Only

GRANT OF DEED RESTRICTIONS
THIS GRANT OF DEED RESTRICTIONS (“Grant of Deed Restrictions”) has been executed as of _________________, 2024, by the City of Fairfield (“City”), a municipal corporation, with respect to that certain real property containing approximately 29.36 acres (the “Property”), located in the City of Fairfield, County of Solano, State of California, more particularly described in attached Exhibit A and incorporated herein by this reference.

RECITALS
A. City is the sole owner in fee simple of the Property.

B. This Grant of Deed Restrictions is being executed, delivered, and recorded in the Official Records of Solano County (“Official Records”) to satisfy certain conditions of approval imposed by the US Army Corps of Engineers and the San Francisco Bay Regional Water Quality Control Board (collectively referred to as the “Approving Agencies”), concerning the preservation of the Property for open space and habitat management purposes as part of the Serpas Ranch subdivision development project, as set forth in the following documents (collectively, the “Serpas Ranch Approval Documents”):
(i) The Serpas Ranch Section 404 Mitigation Plan dated November 30, 1998 by Zentner and Zentner (“Mitigation Plan”), attached as Exhibit B; and (ii) The Department of the Army, Corps of Engineers Nationwide Permit Approval dated July 6, 1999, attached as Exhibit C; and (iii) The State of California, California Regional Water Quality Control Board, San Francisco Bay Region Waste Discharge Requirements dated October 20, 1999, attached as Exhibit D.

C. The Property possesses open space, wildlife, and habitat values (the “Conservation Values”), as further described in the Mitigation Plan.

AGREEMENTS
NOW, THEREFORE, in consideration of the above and mutual covenants, terms, conditions and restrictions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to the laws of the State of California, the City hereby declares that the Property, and every part thereof or interest therein, is now held and shall hereafter, in perpetuity (subject to termination only pursuant to Section 5(b) below), be held, managed, occupied, transferred, sold, leased, and conveyed subject to the restrictions (collectively, the "Restrictions") set forth herein. The Restrictions shall burden and run with the Property, and every part thereof or interest therein, and shall be binding on all persons or entities having or acquiring any right, title or interest in the Property, or any part thereof. The Restrictions are intended to be a covenant running with the land in accordance with California Civil Code Section 1461 et seq. and shall only be terminated in accordance with Section 5(b) below.

1. Purposes. The purposes of the Restrictions are to ensure that the existing open space, wildlife, and habitat values of the Property will be forever protected by preventing any use of the Property that would significantly impair or interfere with the Conservation Values (the “Purposes”).

2. Prohibited Uses. Any activity on or use of the Property inconsistent with the Purposes of the Restrictions is prohibited. Without limiting the generality of the foregoing, the City, and its personal representatives, heirs, successors, assigns, employees, agents, lessees, licensees and invitees, are expressly prohibited from doing or permitting any of the following uses and activities on the Property, unless, and only to the extent that, a generally prohibited activity is specified as an approved management practice or permitted use in the Mitigation Plan:
(a) Unseasonal or over-watering; the Mitigation Plan allows irrigation but requires that it be provided “in such a manner as to facilitate proper root development”; (b) Uncontrolled use of fertilizers, pesticides, biocides, herbicides or other agricultural chemicals; the Mitigation Plan allows the use of herbicides under specific conditions, such as control of invasive weeds, but requires that these be kept “to a minimum”; (c) Incompatible weed abatement activities; the Mitigation Plan encourages weed abatement but requires that it be used as part of an “integrated pest management” strategy;
(d) Inappropriate fire protection activities; the Mitigation Plan allows the removal of debris or other flammable material, and mowing or grazing for weed and fire hazard control;
(e) Use of off-road vehicles and use of any other motorized vehicles except by City maintenance personnel or their contractors;
(f) Agricultural activity of any kind, except for grazing used to manage vegetation and weed growth for fire and weed control.

(g) Recreational activities including, but not limited to, hunting or fishing; the Mitigation Plan encourages educational access or similar access managed by the City for educational purposes;
(h) Commercial or industrial uses;
(i) Any legal or de facto division, subdivision or partitioning of the Property or any fee transfer of less than the entire Property;
(j) Construction, reconstruction or placement of any building, billboard, or any other structure or improvement of any kind excepting temporary fencing or other temporary structures used to manage grazing or educational access; (l) Depositing or accumulation of soil, trash, ashes, refuse, waste, bio-solids or any other materials;
(l) Planting, introduction or dispersal of non-native or exotic plant or animal species, except grazing stock;
(m) Filling, dumping, excavating, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, soil, sands, gravel, rocks or other material on or below the surface of the Property, and granting or authorizing any surface entry for any of these purposes;
(n) Altering the surface or general topography of the Property, including building of roads, paving or otherwise covering the Property with concrete, asphalt, or any other impervious material;
(o) Removing, destroying, or cutting of native trees, shrubs or other vegetation, except as required for vegetation management, removal of flow obstructions, fire breaks, maintenance of existing foot trails or roads, prevention or treatment of disease, utility line clearance, or control of non-native or exotic plants;
(p) Manipulating, draining, impounding or altering any natural water course, body of water or water circulation on the Property, and activities or uses detrimental to water quality, including but not limited to, degradation or pollution of any surface or sub- surface waters except as required to ensure continued flows through the wetlands and streams, including the removal of beaver dams in accordance with California Department of Fish and Wildlife approvals; and
(q) Transferring or abandoning any water or air rights necessary to protect, sustain, maintain or restore the Conservation Values.

3. City’s Reserved Rights. City reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Property, including the right to engage in or to permit or invite others to engage in all uses of the Property that are not expressly prohibited or limited by, and are consistent with, the Purposes of the Restrictions and the terms and conditions of this Grant of Deed Restrictions.

4. Required Notice to Future Lessees and Licensees. Any lease, license, easement, or other rental or use agreement subsequently entered into or made with respect to any portion of the Property, whether written or oral, shall contain an express provision informing the lessee, tenant, licensee or other contracting party of the Restrictions and this Grant of Deed Restrictions and shall require such lessee, tenant, licensee or other contracting party to comply with all such Restrictions and the terms of this Grant of Deed Restrictions throughout the term of such lease, license or rental or use agreement.

5. Conveyances of Property.
(a) If the City conveys the fee interest in all or any portion of the Property to another governmental or quasi-governmental entity, then upon such conveyance, the party receiving title to the Property, or portion thereof, shall confirm in writing the continued legal effectiveness of the terms and conditions this Grant of Deed Restrictions following such conveyance and shall cause to be recorded in the Official Records such instruments as the City may reasonably request to effectuate such confirmation or continue the effectiveness of the Restrictions following such transfer. (b) Before the City conveys the fee interest in all or any portion of the Property to any party other than a governmental or quasi-governmental entity, the City shall first enter into, and record in the Official Records, a conservation easement that fully satisfies all the following requirements (the “Conservation Easement”): (i) the Conservation Easement will satisfy all of the requirements under California Civil Code Section 815 et seq. for creating a conservation easement interest thereunder; (ii) the Conservation Easement will be held by a nonprofit conservation organization or other entity that is qualified and authorized to hold a conservation easement under California Civil Code Section 815.3, has the financial and stewardship capacity and experience to hold conservation easements of this nature, and has been approved in advance by the Approving Agencies; (iii) the Conservation Easement will include terms and conditions consistent with the protection of the Conservation Values and the Purposes of the Restrictions; and (iv) the form of Conservation Easement shall be approved in advance of recordation by Approving Agencies. Effective automatically upon recordation of a Conservation Easement covering all or any portion of the Property, the Restrictions and this Grant of Deed Restrictions shall terminate with respect to the portion of the Property covered by such recorded Conservation Easement.

6. Right of Inspection. The Approving Agencies, through their employees and representatives, shall each be entitled to enter upon the Property on an annual basis for the limited purpose of confirming compliance with the terms and conditions contained in this Grant of Deed Restrictions. Prior to any such entry for inspection purposes, the Approving Agency exercising such inspection rights shall provide fourteen (14) days written notice to the City, and the City shall have the right, through the City’s employees and representatives, to accompany and observe such inspections. If the Approving Agency conducting such annual inspection, or such entity’s employees or agents, prepare any reports, diagrams, charts, graphs, photographs, audio or visual recordings or other writings as a result of such inspections, copies of such documents and recordings shall be provided promptly to the City. The Approving Agency conducting such inspection, or such entity’s employees or agents, shall agree to hold harmless the City, its officers, directors, agents, employees, invitees (each of which is an indemnitee) from and against any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including attorneys’ fees), penalties, judgments, or obligations whatsoever for or in connection with injury (including death) or damage to any person or the loss or damage of property to whomsoever belonging or pecuniary or monetary loss which the City may sustain, incur,

or suffer as a result of entry and activities upon the Property pursuant to the rights granted under this Section 6 or resulting from, arising out of, or in any way related to activity conducted by or the omission of such inspecting entity, unless the injury or damage resulted from the sole negligence or the intentional and willful misconduct of the City, its officers, directors, agents or employees.

7. Remedies. If an Approving Agency determines there is a violation of the terms of this Grant of Deed Restrictions, written notice of such violation and a demand for corrective action sufficient to cure the violation shall be given to the City. If the City fails to cure the violation within thirty (30) days after receipt of written notice and demand, or if the cure reasonably requires more than thirty (30) days to complete and the City fails to begin the cure within such thirty (30) day period or fails to continue diligently to complete the cure, the Approving Agency providing the notice may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Grant of Deed Restrictions, to recover any damages to which notifying agency may be entitled for such violation or for any injury to the Conservation Values, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or for other equitable relief, including, but not limited to, the restoration of the Property to the condition in which it existed prior to any such violation or injury.

If an Approving Agency determines that circumstances require immediate action to prevent or mitigate damage to the Conservation Values, such Approving Agency may pursue its remedies under this section without prior notice to the City or without waiting for the period provided for cure to expire. Remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(a) Costs of Enforcement. Should proceedings be brought to enforce or interpret any of the terms of this Grant of Deed Restrictions, the prevailing party in any such proceedings shall be entitled to recover from the non-prevailing party its costs and expenses, including reasonable attorneys’ and experts’ fees and costs.
(b) Enforcement Discretion. Enforcement of the terms of this Grant of Deed Restrictions shall be at the respective discretion of the Approving Agencies, and any forbearance by any such party to exercise its rights under this Grant of Deed Restrictions in the event of any breach of any term of this Grant of Deed Restrictions shall not be deemed or construed to be a waiver by such entity of such term or of any subsequent breach of the same or any other term of this Grant of Deed Restrictions or of any of such entity’s rights under this Grant of Deed Restrictions. No delay or omission by Approving Agencies in the exercise of any right or remedy upon any breach shall impair such right or remedy or be construed as a waiver.
(c) Acts Beyond City’s Control. Nothing contained in this Grant of Deed Restrictions shall be construed to, or shall entitle, the Approving Agencies to bring any action against the City for any injury to or change in the Property resulting from (i) any natural cause beyond the City’s control, including, but not limited to, fire, flood, storm, and earth movement, or any prudent action taken by the City under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes; or (ii) acts by the Approving Agencies or any of their employees or agents.

8. Public Access. Nothing contained in this Grant of Deed Restrictions shall give or grant to the public a right to enter upon or use the Property or any portion thereof where no such right existed in the public immediately prior to execution and recordation of this Grant of Deed Restrictions.

9. Liberal Construction. It is the intention of the City that the Purposes of the Restrictions shall be carried out in perpetuity. Liberal construction is expressly required for purposes of effectuating the Grant of Deed Restrictions in perpetuity, notwithstanding economic hardship or changed conditions of any kind.

10. Notices. Any notice, demand, request, consent, approval, or communication that City or the Approving Agencies desires or is required to give to the others shall be in writing and be served personally or sent by recognized overnight courier that guarantees next-day delivery or by first class mail, postage fully prepaid, addressed as follows:

To City of Fairfield:
1000 Webster Street, 3rd Floor
Fairfield, CA 94533

To Corps of Engineers
District Engineer
San Francisco District
450 Golden Gate Ave 4th floor,
San Francisco, CA 94102

To San Francisco Bay Regional Water Quality Control Board Executive Officer
1515 Clay Street, Suite 1400
Oakland, CA 94612

or to such other address as any of the above entities shall designate by written notice to the others. Notice shall be deemed effective upon delivery in the case of personal delivery or delivery by overnight courier or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail.

11. Amendment. This Grant of Deed Restrictions may not be amended, modified or otherwise changed in any manner, except by a written amendment executed by the City, or the City’s successors in interest, and approved in advance by the Approving Agencies.

Any such amendment shall be consistent with the Purposes of the Restrictions and shall not affect the perpetual duration of the Grant of Deed Restrictions. Any such amendment must be in writing, must refer to this Grant of Deed Restrictions by reference to its recordation data, must be approved by the Approving Agencies, and must be recorded in the Official Records.

12. Controlling Law. The interpretation and performance of this Grant of Deed Restrictions shall be governed by the laws of the State of California, with the venue for any lawsuits being Solano County Superior Court or the Eastern District of California, disregarding the conflicts of law principles of such state, and by applicable Federal law.

13. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Grant of Deed Restrictions, such action shall not affect the remainder of this Grant of Deed Restrictions. If a court of competent jurisdiction voids or invalidates the application of any provision of this Grant of Deed Restrictions to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances.

14. Duration. This Deed Restriction shall remain in full force and effect and shall bind Owner and all its assigns or successors-in-interest in perpetuity.

15. Taxes and Assessments. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of: (a) California Constitution Article XIII, Section 8; and (b) California Revenue and Taxation Code Section 402(i) or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of California Revenue and Taxation Code Section 3712(d), or successor statute, which survives a sale of tax-deed property.

16. Exhibits. The attached Exhibits A, B, C, and D are incorporated into this Deed Restriction by reference.

IN WITNESS WHEREOF City has executed this Grant of Deed Restrictions on the day and year first above written.

The City of Fairfield, a municipal corporation
By: _______________________________
Name: David Gassaway
Title: City Manager
EXHIBITS:

Exhibit A -- Legal Description of the Property
Exhibit B -- The Serpas Ranch Section 404 Mitigation Plan dated November 30, 1998 by Zentner and Zentner
Exhibit C -- The Department of the Army, Corps of Engineers Nationwide Permit Approval, dated July 6, 1999
Exhibit D -- The State of California, California Regional Water Quality Control Board, San Francisco Bay Region Waste Discharge Requirements, dated October 20, 1999

EXHIBIT A
Legal Description

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DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF FAIRFIELD, COUNTY OF

SOLANO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF THAT CERTAIN MAP ENTITLED “THE SANCTUARY”, RECORDED IN BOOK 73 OF SUBDIVISION MAPS AT PAGE 1, SOLANO COUNTY RECORDS, AND A PORTION OF LOT 5 AS SHOWN ON THAT CERTAIN MAP ENTITLED “AFCO FAIRFIELD”, RECORDED IN BOOK 32 OF PARCEL MAPS AT PAGE 35, SOLANO COUNTY RECORDS, AND A PORTION OF LOT 415 OR THAT CERTAIN MAP ENTITLED “ROLLING HILLS UNIT 2”, RECORDED IN BOOK 52 OF MAPS AT PAGE 48, SOLANO COUNTY RECORD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;

BEGINNING AT THE MOST EASTERLY CORNER OF LOT 12 OF SAID MAP ENTITLED “THE SANCTUARY”, BEING A POINT ON THE BOUNDARY OF SAID PARCEL A, THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING TWENTY-NINE (29) COURSES:

1. NORTH 23°45'58" WEST, 153.00 FEET;

2. NORTH 09°34'26" WEST, 80.36 FEET;

3. SOUTH 85°17'07" EAST, 81.02 FEET;

4. NORTH 13°56'42" EAST, 107.00 FEET;

5. NORTH 21°08'04" WEST, 75.80 FEET;

6. ALONG A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 47.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 73°44'17" WEST, HAVING A CENTRAL ANGLE OF 79°43'41" AND AN ARC LENGTH OF 65.40 FEET;

7. NORTH 26°32'03" EAST, 106.41 FEET;

8. NORTH 52°48'43" WEST, 123.00 FEET;

9. NORTH 89°39'39" WEST, 56.94 FEET;

10. NORTH 52°50'39" WEST, 75.05 FEET;

11. NORTH 16°53'35" WEST, 31.02 FEET;

12. NORTH 72°33'38" WEST, 106.42 FEET;

13. SOUTH 86°01'03" WEST, 47.40 FEET;

14. SOUTH 04°16'36" EAST, 110.97 FEET;

15. NORTH 86°00'54" WEST, 20.21 FEET;

16. NORTH 04°16'36" WEST, 99.36 FEET;

17. NORTH 07°37'04" WEST, 76.04 FEET;

18. NORTH 10°45'50" WEST, 76.04 FEET;

19. NORTH 13°54'36" WEST, 76.04 FEET;

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20. NORTH 17°10'06" WEST, 81.47 FEET;

21. NORTH 20°26'53" WEST, 77.07 FEET;

22. NORTH 23°38'16" WEST, 77.12 FEET;

23. NORTH 34°00'45" WEST, 110.27 FEET;

24. ALONG A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 33.00 FEET, FROM WHICH THE RADIUS POINT BEARS SOUTH 49°28'22" EAST, HAVING A CENTRAL ANGLE OF 18°11'42" AND AN ARC LENGTH OF 10.48 FEET;

25. ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 47.00 FEET, HAVING A CENTRAL ANGLE OF 135°38'03" AND AN ARC LENGTH OF 111.26 FEET;

26. ALONG A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 33.00 FEET, HAVING A CENTRAL ANGLE OF 27°26'21" AND AN ARC LENGTH OF 15.80 FEET;

27. NORTH 49°28'22" WEST, 60.40 FEET;

28. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 33.00 FEET, HAVING A CENTRAL ANGLE OF 48°30'33" AND AN ARC LENGTH OF 27.94 FEET;

29. THENCE ALONG A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 47.00 FEET, HAVING A CENTRAL ANGLE OF 42°37'21" AND AN ARC LENGTH OF 34.96 FEET;

THENCE LEAVING SAID BOUNDARY LINE AND ENTERING SAID PARCEL A, THE FOLLOWING SIXTEEN (16) COURSES:

1. NORTH 32°09'53" EAST, 33.33 FEET;

2. NORTH 19°18'32" WEST, 14.77 FEET;

3. NORTH 50°09'36" WEST, 159.90 FEET;

4. NORTH 49°03'29" WEST, 105.28 FEET;

5. NORTH 34°43'24" WEST, 77.16 FEET;

6. NORTH 32°46'23" WEST, 119.44 FEET;

7. NORTH 38°44'14" WEST, 111.18 FEET;

8. NORTH 56°10'32" WEST, 192.39 FEET;

9. NORTH 79°40'26" WEST, 98.31 FEET;

10. SOUTH 78°06'28" WEST, 71.48 FEET;

11. SOUTH 71°43'42" WEST, 100.17 FEET;

12. NORTH 87°16'36" WEST, 51.19 FEET;

13. NORTH 74°51'40" WEST, 60.53 FEET;

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14. NORTH 83°17'50" WEST, 83.35 FEET;

15. SOUTH 89°36'36" WEST, 221.33 FEET;

16. THENCE NORTH 83°54'40" WEST, 191.98 FEET, TO A POINT ON THE BOUNDARY LINE OF SAID PARCEL A;

THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING THREE (3) COURSES:

1. ALONG A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 168.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 86°34'05" WEST, HAVING A CENTRAL ANGLE OF 07°01'59" AND AN ARC LENGTH OF 20.62 FEET;

2. NORTH 03°36'04" WEST, 201.61 FEET;

3. THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.00 FEET, HAVING A CENTRAL ANGLE OF 183°26'48" AND AN ARC LENGTH OF 1,050.17 FEET;

THENCE LEAVING SAID BOUNDARY LINE AND ENTERING SAID PARCEL A, AND SAID LOTS 5 AND 415 THE FOLLOWING EIGHTY-EIGHT (88) COURSES:

1. NORTH 74°54'47" WEST, 40.56 FEET;

2. NORTH 60°56'04" WEST, 48.76 FEET;

3. NORTH 03°04'04" WEST, 10.99 FEET;

4. NORTH 14°14'02" EAST, 66.03 FEET;

5. NORTH 21°11'29" EAST, 82.18 FEET;

6. NORTH 27°00'16" EAST, 72.12 FEET;

7. NORTH 27°15'58" EAST, 66.37 FEET;

8. NORTH 41°27'20" EAST, 38.83 FEET;

9. NORTH 51°02'18" EAST, 62.12 FEET;

10. NORTH 17°46'22" WEST, 150.15 FEET;

11. NORTH 06°11'11" WEST, 31.33 FEET;

12. NORTH 13°51'14" EAST, 27.29 FEET;

13. NORTH 34°51'50" EAST, 33.46 FEET;

14. SOUTH 63°38'23" EAST, 26.32 FEET;

15. SOUTH 24°39'23" EAST, 50.88 FEET;

16. SOUTH 46°34'41" EAST, 62.91 FEET;

17. SOUTH 69°03'16" EAST, 68.89 FEET;

18. NORTH 83°55'04" EAST, 45.35 FEET;

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19. SOUTH 87°45'24" EAST, 30.69 FEET;

20. SOUTH 71°48'21" EAST, 78.56 FEET;

21. SOUTH 65°43'58" EAST, 227.68 FEET;

22. SOUTH 38°31'35" EAST, 47.40 FEET;

23. SOUTH 20°55'17" EAST, 76.29 FEET;

24. SOUTH 30°10'44" EAST, 69.56 FEET;

25. SOUTH 47°00'18" EAST, 98.38 FEET;

26. SOUTH 72°37'11" EAST, 53.85 FEET;

27. NORTH 87°34'24" EAST, 56.59 FEET;

28. SOUTH 85°16'03" EAST, 33.43 FEET;

29. SOUTH 65°43'05" EAST, 52.24 FEET;

30. SOUTH 60°53'25" EAST, 28.72 FEET;

31. SOUTH 74°58'04" EAST, 56.47 FEET;

32. NORTH 87°02'32" EAST, 20.23 FEET;

33. NORTH 71°45'18" EAST, 36.69 FEET;

34. NORTH 72°25'30" EAST, 29.97 FEET;

35. NORTH 89°09'18" EAST, 52.11 FEET;

36. NORTH 72°03'47" EAST, 105.69 FEET;

37. NORTH 68°17'36" EAST, 39.06 FEET;

38. NORTH 65°56'21" EAST, 51.07 FEET;

39. SOUTH 86°44'46" EAST, 43.53 FEET;

40. NORTH 84°56'09" EAST, 87.96 FEET;

41. SOUTH 75°58'40" EAST, 64.09 FEET;

42. SOUTH 51°29'56" EAST, 70.07 FEET;

43. SOUTH 30°55'51" EAST, 59.08 FEET;

44. SOUTH 50°18'08" EAST, 82.07 FEET;

45. SOUTH 61°10'19" EAST, 122.16 FEET;

46. SOUTH 56°28'29" EAST, 150.08 FEET;

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47. SOUTH 74°07'17" EAST, 50.47 FEET;

48. NORTH 87°49'39" EAST, 61.43 FEET;

49. NORTH 72°49'00" EAST, 57.70 FEET;

50. SOUTH 53°32'45" EAST, 96.44 FEET;

51. SOUTH 27°14'53" EAST, 126.72 FEET;

52. SOUTH 01°55'48" EAST, 85.85 FEET;

53. SOUTH 05°04'41" EAST, 236.22 FEET;

54. SOUTH 19°40'22" EAST, 32.52 FEET;

55. SOUTH 42°28'37" EAST, 48.63 FEET;

56. SOUTH 58°47'21" EAST, 88.73 FEET;

57. SOUTH 27°54'38" EAST, 46.79 FEET;

58. SOUTH 10°49'50" EAST, 100.77 FEET;

59. SOUTH 20°57'10" EAST, 90.78 FEET;

60. SOUTH 26°23'11" EAST, 69.61 FEET;

61. SOUTH 25°10'28" EAST, 122.59 FEET;

62. SOUTH 12°02'04" EAST, 75.40 FEET;

63. SOUTH 24°53'53" EAST, 157.58 FEET;

64. SOUTH 45°22'38" EAST, 80.15 FEET;

65. SOUTH 60°48'23" EAST, 46.45 FEET;

66. SOUTH 71°12'46" EAST, 43.13 FEET;

67. SOUTH 68°57'15" EAST, 55.56 FEET;

68. SOUTH 74°21'51" EAST, 185.08 FEET;

69. SOUTH 63°23'40" EAST, 63.18 FEET;

70. SOUTH 56°46'51" EAST, 80.44 FEET;

71. SOUTH 43°22'27" EAST, 32.58 FEET;

72. SOUTH 25°14'51" EAST, 27.97 FEET;

73. SOUTH 04°36'33" EAST, 32.87 FEET;

74. SOUTH 26°32'36" WEST, 57.52 FEET;

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75. SOUTH 10°46'08" WEST, 22.51 FEET;

76. SOUTH 03°16'18" WEST, 66.47 FEET;

77. SOUTH 15°00'49" WEST, 109.47 FEET;

78. SOUTH 27°18'17" WEST, 84.71 FEET;

79. SOUTH 33°40'14" WEST, 177.59 FEET;

80. SOUTH 31°26'27" WEST, 127.85 FEET;

81. SOUTH 37°14'10" WEST, 134.77 FEET;

82. NORTH 77°17'29" WEST, 18.92 FEET;

83. NORTH 48°13'55" WEST, 25.90 FEET;

84. NORTH 17°28'35" WEST, 16.61 FEET;

85. NORTH 14°14'25" EAST, 18.72 FEET;

86. NORTH 38°15'56" EAST, 28.56 FEET;

87. NORTH 40°19'52" WEST, 63.19 FEET;

88. THENCE NORTH 20°49'11" WEST, 50.49 FEET TO THE POINT OF BEGINNING .

CONTAINING 26.36 ACRES MORE OR LESS.

END OF DESCRIPTION

PREPARED BY:

______________________________ ____________________ _

IAN BRUCE MACDONALD DATE
LICENSED LAND SURVEYOR NO. 8817

STATE OF CALIFORNIA

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Line TableLine #L127L128L129L130L131L132L133L134BearingS37°14'10"WN77°17'29"WN48°13'55"WN17°28'35"WN14°14'25"EN38°15'56"EN40°19'52"WN20°49'11"WLength134.77'18.92'25.90'16.61'18.72'28.56'63.19'50.49'Curve TableCURVE #C1C2C3C4C5C6C7C9RADIUS47.00'33.00'47.00'33.00'33.00'47.00'168.00'328.00'DELTA79°43'41"18°11'42"135°38'03"27°26'21"48°30'33"42°37'21"7°01'59"183°26'48"LENGTH65.40'10.48'111.26'15.80'27.94'34.96'20.62'1050.17'EXHIBIT "A"PAGE 18 OF 18 JZL1"=100'29239.000DATEJOB NO.SCALEDRAWNPLAT TO ACCOMPANY DESCRIPTIONFAIRFIELDMITIGATION AREACALIFORNIAJUNE, 2024

EXHIBIT B
The Serpas Ranch Section 404 Mitigation Plan dated November 30, 1998 by Zentner and Zentner

DEPARTMENT OF THE ARMY

SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
sAN FRANCTSCO, CALTFORNIA 941 05-21 97
-JUL 0 6 lggg

BEPLY TO
ATTENTION OF:

Regulatory Branch
SUBJECT: File No. 23920N
Mr. John Zentner
Zentner and Zentner
4240 Hollls Street, Suite 360
Emeryville, California 94608
Dear Mr. Zentner:

This is in reference to your Pre-Construction Notification (PCN) of December 14, 1998, on behalf of Condiotti Enterprises, concerning Department of the Army authorization to to construct the Serpas Ranch Housing Project, Phase II, on a 160-acre development palcel (APN 151-70-01), located northwest of Highway 80 and north of Waterman Boulevard, in the City of Fairfield, Solano County, Califomia. The construction of 340 single-family houses on the development parcel would necessitate the discharge of approximately 290 cubic 'yards (cys) of fill material into 2.04 acres of seasonal wetlands and 0.63 acre of ephemeralL tributary channels (other waters of the United States), as depicted on Figures 3 and 4 of the PCN and entitled, "Development Project and 404 Jurisdictional Impacts, Serpas Ranch." In addition, a series of weirs would be constructed in Channel Segments "C" and "E" for mitigation purposes, requiring the discharge of approximately 20 cys of rock below the plane of ordinary high water.

Based on a review of the information in your submittal and the current conditions of the site, as verified during a field investigation of August 18, 1998, the project qualifies for authorization under Department of the Army Nationwide Permit 26 for Headwaters ttnd Isolated Waters Disclnrges (61 FR 65,874; Dec. 13, 1996), pursuant to Section 404 of the Clean Water Act ()3 U,S.C. 1344\.

The project must be in compliance with the General Conditions cited in Encktsure 1 and any Special Conditions specif,red in this letter for the nationwide permit authorization to remain valid. Non-compliance with any condition could result in the revocation of the nationwide permit for your project, thereby requiring you to obtain an individual permit from the Corps. Upon completion of the project and all associated mitigation and monitoring requirements, you shall sign and retum the statement cited in Enclosure 2, cefiifying all work complies with the terms and conditions of the permit. This nationwide permit authorization for your project does not obviate the need to obtain other State or local approvals required by law.

Project authorization will remain valid until September 15,1999, at which time Nationwide Permit 26 is scheduled to expire. If the project has commenced or is under contract to corrunence work prior to any modification, suspension, or revocation of the nationwide permit and the project could not comply with any newly issued nationwide permit, you shall have twelve (I2) months from that date to complete the project under the present terms and conditions of this nationwide permit authorization.

Project authorization will not be effective until you have obtained Section 401 water quality certification or a waiver from the Regional Water Quality Conrrol Board (RWQCB), San Francisco Bay Region. You shall subrnit a copy of the certification or waiver to the Corps prior to the commencement of work. You shall comply wirh any condition o[ certification required by the RWQCB and consider it to be an integral part of the nationwide permit authorization for your project. If the RWQCB fails to act on a valid request for certification within two (2) months after receipt, the Corps may presume a waiver oif water quality certification has been obtained.

To ensure compliance with this nationwide perrnit authorization, the project is subject to the following Special Conditions:

To compensate for the loss of 2.04 acres of seasonal wetlands and 0.(i3 acre of tributary channels associated with project construction, an array of mitigation measures shall be performed in the manner described in the "serpas Fianch Section 4O4Mitigation Plan" (Zentner,30 November 1998). This plan calls for the creation of approximately 4.1 acres of seasonal wetlands, 1.2 acrer; of tributary channels, and 7.5 acres of (non-julisdictional) riparian-oak woodland principally along Channel Segments "C" and "E" of the development parcel.

The plan further specifies site preparation and planting procedures to be employed during construction; identifies specific performance criteria to be used in evaluating created habitat functions and values; and establishes a frve- year maintenance and monitoring program to ensure compliance with the prescribed perfolmance criteria. Phase I (Pelmit No. 1858lN) mitigation construction at the Detention Basin has resulted in an overage of O.2l acre of seasonal wetlands which may be applied to the 4.I-acre wetland mitigation requirement for Phase fI.

Wetland and riparian mitigation construction shall commence concurre:ntly with or in advance of any authorized wetland or channel fill discharge associated with project construction and shall be completed within one (l) year, thereafter. within ten (10) calendar days after each dare, the corps shall be notified in writing of the wetland construction start and completion dates.

Wetlands to be preserved on the development and mitigation parcels shall be flagged or protected by other means to prevent disturbance during construction 1 t-

2. aJ.

a
J
work.

Within three (3) months after completion of the wetland and riparian mitigation construction work, a Summary Report shall be submitted to the Corps which describes the as-built condition of all required mitigation elements. T'he Summary Report shall include a detailed plan and profile of the created wetlands and tributary channels, and identify wetland and riparian plant species and planting locations established in the field.

By october l5 for each year of the five-year monitoring period, an Annual Monitoling Report shall be sr-rbmitted to the Corps which describes the results of completed maintenance and monitoring activities, progress towalds the attainment of the performance criteria; proposed corrective actions, if required; completed field data sheets; and photo documentation of the created Lrabitats taken from permanent reference points. The frrst Annual Monitoring Report shall be submitted by October 15 of the year following the first growing season after planting.

6. As shown on the "Conceptual Landscape Plan, Serpas Ranch," a perirneter fence shall be installed around channel Segments "c" and "E" (to the Detention Basin) to deter public access and preclude incidental cattle grazing and mowing within the mitigation parcel.

Within three (3) months after completion of the mitigation construction work, a conservation easement, restrictive covenant, or similar land encumbrance shall be completed and registered with the County Recorder's Office, speciiying the preservation in perpetuity of the mitigation parcel as a wetland/open space preserve. A certified copy of the land encumbrance instnrment shall be provided to the Corps.

A delineation of the created wetlands shall be performed at the conclusion of the five-year monitoring period, utilizing the evaluation procedures and parameters for vegetation, hydrology, and soils described in the "corps of Engineers Delineation Manual" (January l98i). If the required mitigation acreage has not been established at that time, the Corps may require additional corrective measures or other compensatory mitigation to be performed.

If previously unknown historic, cultural, or archaeological resources are encountered while performing the authorized work, the Corps shall be promptly notified of the find. The Corps will initiate Section 106 consultarion with the State Historic Preservation Office to determine if such resources warrant a recovery effort or are eligible for listing on the National Register.

5. l

8. 9.
t rtiz
a

E
4 You may refer any questions on this matter to Mr. Peter Straub of my staff at telephone 415-971-8M3. All conespondence should be addressed to the Regulatory Branch, North Section, referencing the file number at the head of this letter.

Sincerely,
Chief, Regulatory Branch
Enclosures
Copies Furnished:

Condiotti Enterprises, Santa Rosa, CA
CA RWQCB, Oakland, CA

EXHIBIT C
The Department of the Army, Corps of Engineers Nationwide Permit Approval, dated July 6, 1999.

DEPARTMENT OF THE ARMY

SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS
333 MARKET STREET
sAN FRANCTSCO, CALTFORNIA 941 05-21 97
-JUL 0 6 lggg

BEPLY TO
ATTENTION OF:

Regulatory Branch
SUBJECT: File No. 23920N
Mr. John Zentner
Zentner and Zentner
4240 Hollls Street, Suite 360
Emeryville, California 94608
Dear Mr. Zentner:

This is in reference to your Pre-Construction Notification (PCN) of December 14, 1998, on behalf of Condiotti Enterprises, concerning Department of the Army authorization to to construct the Serpas Ranch Housing Project, Phase II, on a 160-acre development palcel (APN 151-70-01), located northwest of Highway 80 and north of Waterman Boulevard, in the City of Fairfield, Solano County, Califomia. The construction of 340 single-family houses on the development parcel would necessitate the discharge of approximately 290 cubic 'yards (cys) of fill material into 2.04 acres of seasonal wetlands and 0.63 acre of ephemeralL tributary channels (other waters of the United States), as depicted on Figures 3 and 4 of the PCN and entitled, "Development Project and 404 Jurisdictional Impacts, Serpas Ranch." In addition, a series of weirs would be constructed in Channel Segments "C" and "E" for mitigation purposes, requiring the discharge of approximately 20 cys of rock below the plane of ordinary high water.

Based on a review of the information in your submittal and the current conditions of the site, as verified during a field investigation of August 18, 1998, the project qualifies for authorization under Department of the Army Nationwide Permit 26 for Headwaters ttnd Isolated Waters Disclnrges (61 FR 65,874; Dec. 13, 1996), pursuant to Section 404 of the Clean Water Act ()3 U,S.C. 1344\.

The project must be in compliance with the General Conditions cited in Encktsure 1 and any Special Conditions specif,red in this letter for the nationwide permit authorization to remain valid. Non-compliance with any condition could result in the revocation of the nationwide permit for your project, thereby requiring you to obtain an individual permit from the Corps. Upon completion of the project and all associated mitigation and monitoring requirements, you shall sign and retum the statement cited in Enclosure 2, cefiifying all work complies with the terms and conditions of the permit. This nationwide permit authorization for your project does not obviate the need to obtain other State or local approvals required by law.

Project authorization will remain valid until September 15,1999, at which time Nationwide Permit 26 is scheduled to expire. If the project has commenced or is under contract to corrunence work prior to any modification, suspension, or revocation of the nationwide permit and the project could not comply with any newly issued nationwide permit, you shall have twelve (I2) months from that date to complete the project under the present terms and conditions of this nationwide permit authorization.

Project authorization will not be effective until you have obtained Section 401 water quality certification or a waiver from the Regional Water Quality Conrrol Board (RWQCB), San Francisco Bay Region. You shall subrnit a copy of the certification or waiver to the Corps prior to the commencement of work. You shall comply wirh any condition o[ certification required by the RWQCB and consider it to be an integral part of the nationwide permit authorization for your project. If the RWQCB fails to act on a valid request for certification within two (2) months after receipt, the Corps may presume a waiver oif water quality certification has been obtained.

To ensure compliance with this nationwide perrnit authorization, the project is subject to the following Special Conditions:

To compensate for the loss of 2.04 acres of seasonal wetlands and 0.(i3 acre of tributary channels associated with project construction, an array of mitigation measures shall be performed in the manner described in the "serpas Fianch Section 4O4Mitigation Plan" (Zentner,30 November 1998). This plan calls for the creation of approximately 4.1 acres of seasonal wetlands, 1.2 acrer; of tributary channels, and 7.5 acres of (non-julisdictional) riparian-oak woodland principally along Channel Segments "C" and "E" of the development parcel.

The plan further specifies site preparation and planting procedures to be employed during construction; identifies specific performance criteria to be used in evaluating created habitat functions and values; and establishes a frve- year maintenance and monitoring program to ensure compliance with the prescribed perfolmance criteria. Phase I (Pelmit No. 1858lN) mitigation construction at the Detention Basin has resulted in an overage of O.2l acre of seasonal wetlands which may be applied to the 4.I-acre wetland mitigation requirement for Phase fI.

Wetland and riparian mitigation construction shall commence concurre:ntly with or in advance of any authorized wetland or channel fill discharge associated with project construction and shall be completed within one (l) year, thereafter. within ten (10) calendar days after each dare, the corps shall be notified in writing of the wetland construction start and completion dates.

Wetlands to be preserved on the development and mitigation parcels shall be flagged or protected by other means to prevent disturbance during construction 1 t-

2. aJ.

a
J
work.

Within three (3) months after completion of the wetland and riparian mitigation construction work, a Summary Report shall be submitted to the Corps which describes the as-built condition of all required mitigation elements. T'he Summary Report shall include a detailed plan and profile of the created wetlands and tributary channels, and identify wetland and riparian plant species and planting locations established in the field.

By october l5 for each year of the five-year monitoring period, an Annual Monitoling Report shall be sr-rbmitted to the Corps which describes the results of completed maintenance and monitoring activities, progress towalds the attainment of the performance criteria; proposed corrective actions, if required; completed field data sheets; and photo documentation of the created Lrabitats taken from permanent reference points. The frrst Annual Monitoring Report shall be submitted by October 15 of the year following the first growing season after planting.

6. As shown on the "Conceptual Landscape Plan, Serpas Ranch," a perirneter fence shall be installed around channel Segments "c" and "E" (to the Detention Basin) to deter public access and preclude incidental cattle grazing and mowing within the mitigation parcel.

Within three (3) months after completion of the mitigation construction work, a conservation easement, restrictive covenant, or similar land encumbrance shall be completed and registered with the County Recorder's Office, speciiying the preservation in perpetuity of the mitigation parcel as a wetland/open space preserve. A certified copy of the land encumbrance instnrment shall be provided to the Corps.

A delineation of the created wetlands shall be performed at the conclusion of the five-year monitoring period, utilizing the evaluation procedures and parameters for vegetation, hydrology, and soils described in the "corps of Engineers Delineation Manual" (January l98i). If the required mitigation acreage has not been established at that time, the Corps may require additional corrective measures or other compensatory mitigation to be performed.

If previously unknown historic, cultural, or archaeological resources are encountered while performing the authorized work, the Corps shall be promptly notified of the find. The Corps will initiate Section 106 consultarion with the State Historic Preservation Office to determine if such resources warrant a recovery effort or are eligible for listing on the National Register.

5. l

8. 9.
t rtiz
a

E
4 You may refer any questions on this matter to Mr. Peter Straub of my staff at telephone 415-971-8M3. All conespondence should be addressed to the Regulatory Branch, North Section, referencing the file number at the head of this letter.

Sincerely,
Chief, Regulatory Branch
Enclosures
Copies Furnished:

Condiotti Enterprises, Santa Rosa, CA
CA RWQCB, Oakland, CA

EXHIBIT D

The State of California, California Regional Water Quality Control Board, San Francisco Bay Region Waste Discharge Requirements, dated October 20, 1999

r :r
. ; . STATE OF CALIFORNIA

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION
ITEM:

SUBJECT:

DISCUSSION:

RECOMMEN-
DATION:

File No.

APPENDICES:

STAFF SUMMARY REPORT (Stephen Berger)
MEETING DATE: October 20.1999
5G
Oceanis, a Partnership, and LB|L Duc Fairfield, LLC, Serpas Ranch Housing Project, Hilborn Road, Fairfield, Solano County - Adoption of New Waste Discharge Requirements
Oceanis, a Partnership, and LB/L Duc Fairfield, LLC, have submitted an equivalent to a Report of Waste Discharge for the fill of 2.04 acres of seasonal u'etlands, 0.63 acre of ephemeral tributary channels, and 0.05 aeres of intermittent tributary in comection with the Serpas Ranch Housing Project. The project would construct 340 houses. Originally, the applicants applied for water quality certification under Section 401 of the Clean Water Act. Because water quality certification cannot be issued for more than one applicant, I recommend that the Regional Board issue Waste Discharge Requirements for the project, in lieu of water quality certification.

The proposed u,etland mitigation would create 4.1 acres of seasonal marsh habitat and 1.2 acres of seasonal tributary. In addition, 7.5 acres of riparian oak woodland and native grassland would be created. The proposed wetland mitigation measures will offset the temporal and permanent loss of beneficial uses of Waters of the State resulting from the wetland fill. The City of Fairfield will obtain ownership of the mitigation areas once success is achieved. In addition, a $150,000 surety bond inthe name of the City of Fairfield will be obtained to ensure success of the mitigation.

Adoption of the Waste Discharge Requirements.
2128.207}(SLB)
A: Tentative Waste Discharge Requirements
B: Staff Report
OcT L 4 199$
!:

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION
TENTATIVE ORDER 99-xxx
WASTE DISCHARGE REQUIREMENTS FOR:

LBIL Duc FAIRFIELD, LLC

OCEANIS, A PARTNERSHIP
FAIrJ'IELD, SOLANJ COUNTY
lhe California Regional Water Quality Control Board, San Francisco Bay Region, hereinafter Board, finds that:

LB/L Duc Fairfield, LLC, (hereinafte r LBlLDuc) is a limited Iiability corporation.

Oceanis, a Partnership, (hereinafter Oceanis) is a limited partnership with the general panners of Dancon Corporation, Marcon Corporation,MalzCorporation and Arbet Trust.

All of these entities are referred to as Dischargers.

The Dischargers are constructing a phased housing development known as the Serpas Ranch Housing Project (hereinafter Project), located on or near Hilborn Road in the City of Fairfield, Solano County. Most of the Project site is owned by Oceanis, with the rest owned by LBIL Duc. Oceanis and LB/L Duc will separately construct their respective phases of the Project. A total of 340 houses will be constructed.

There are currently 2.09 acres of seasonal \\,etlands and2.72 acres of tributary on the Project site. Development of the entire Project will impact2.67 acres ofjurisdictional waters of the United States. Atotal of 2.04 acres of seasonal wetlands,0.58 acres (4,550 feet) of ephemeral tributary channels, and 0.05 acres (400 feet) of intermittent tributary channels will be filled. The portiori of the site developed by Oceanis will impact 1.64 acres of seasonal wetlands and 0.2 acres (1,750 feet) of ephemeral tributary chamels, and

0.05 acres (400 feet) of intermittent tributary channels. The portion developed by LBIL Duc will impact 0.4 acres of seasonal wetlands and 0.38 acres (2,800 feet) of ephemeral tributary channels.

This Order regulates the discharge of dredged and fill material to surface waters and does not apply to storrn water discharges associated with construction activities. The Dischargers are responsible for obtaining and complying with the rules and regulations of National Pollutant Discharge Elimination System O{PDES) permit requirements.

The Dischargers have applied to the Board for Water Quality Certification under Section 401 of the Clean water Act. on July 6, 1999, the U. S. Army corps of Engineers (hereinafter Corps) issued an authorization under Nationwide Permit No. 26 for the Proiect.

Il.

2. AT.

5.

7. Order 99-xxx

6. State autliority to regulate the discharge, and threatened discharge of waste to Waters of ater, and wetlands was granted to the State
r-Cologne Water Quality Act (Act). Water
designating the beneficial uses to be
easonably required for that purpose.
cordance with Section 13240 et seq. of the
ality Control Plan, San Francisco Bay Basin
d revised Basin Plan was apprbved by the
e Office of Administrative Law on July 20,
. A summary of regulatory provisions is
r defines beneficial uses and water quality
objectives forrltaters of the State. including surface waters and groundwaters. This order is in conrplianc$ with the Basin Plan.

8. The Proiect site is located within the Suisun Basin as identified in the Basin Plan. The impacted jurisd ional waters are located adjacent to and tributary to the Laurel Creek Basin. The foll wing existing beneficial uses are identified in the Basin Plan: Cold Freshwater Ha at, Freshwater Replenishment, Fish Migration, Water Contact Recreation, ontact Water Recreation, Fish Spawning, Warm Freshwater Habitat. and Wildlife Habita
The Basin Plan
acreage and no
etland Fill Policy establishes that there is to be no net loss of u,etland t loss of uetland value when the project and any proposed mitigation are el'aluated t
9 same area of th
ether, and that mitigation for wetland fill projects is to be located in the Region, wherever possible, as the project. The Policy further establishes that wetland di es should be avoided whenever possible, and if not possible, should be mini ized, and only after avoidance and minimization of impacts should mitigation for wetlands be considered. The Discharsers have submitted documentation show that appropriate effort was made to avoid and then to minimize wetland distu nce, as required b1'the Basin Plan. Tlie Board concurs u'ith this finding.

10. To protect the ter quality at and in the vicinity of the site for the duration of project construction. to uately address proposed project impacts and mitigation to waters of the State. to m the objectives of the California Wetland Conservation Policy, to require appropriate over the life of the project and its construction, and to address public safety concerns
resulate dischar
an environmentally responsible way, the Board has determined to e of dredged and fill material to surface waters by issuance of Waste Discharge R rements (WDRs).

The Project con$ists of the construction of 340 single-family houses on 160 acres of land.

The total acreagp forthe Project site is about400 acres. Approxinrately half the site (231 ll
acres) rvill remain a's permanent open-space managed by the Solano Open Space Foundatiorr.'l I

Order 99-xxx

13. r
The Dischargers have proposed a mitigation plan, "serpas Ranch Section 404 Mitigation Plan" (hereinafter Mitigation Plan), dated November 30, 1998, as apart of its proposal. to offset the loss of beneficial uses of waters of the State. The Board concurs with the Mitigation Plan.

Thg Mitigation Plari proposes, at a minimum, to create 4.1 acres of seasonal marsh habitat and 1 .2 acres of seasonal tributary. All of the created marsh habitat and seasonal tributary will be on the portion of the site currently owned by Oceanis. In additio n,7 .5 acres of' riparian oak woodland and native grassland'vould be created. The proposed wetland mitigation measures will offset the temporal and permanent loss of beneficial uses of S/aters of the State resulting from the wetland fill.

To assure that unavoidable impacts to the waterbodies of the United States are successfully mitigated, tlie Dischargers will post a surety bond, The performance bond, in the amount of $150,000, will name the City of Fairfield as a beneficiary. The City has agreed to act as the beneficiary. The bond u,ill co\rer all the costs associated with constructing, monitoring. and, if necessary, repairing the wetland mitigation during the five-year, or longer if the mitigation is not successful, monitoring period. The Dischargers rvill be obligated to maintain all mitigation nreasures until such time as the nritigation perforntance criteria are ntet.

Stornr water discharges to surface waters associated rvith construction activities and post project construction u'ill occur.

The California Environmental Quality Act (CEQA) requires all projects approved by State agencies to be in full compliance u'ith CEQA, and requires a lead agency to prepare an appropriate environnrental document (EIR or Negative Declaration) for such projects.

The Cit5'of Fairfield adopted a Mitigated Negative Declaration forthe Project on January

21.1992. Potential sigrrificant inrpacts to water qualitl, and the proposed mitigation nteasures to reduce these impacts to less than significant were identified in the N{itigated l.Negative Declaration. These impacts and the recommended mitigations are: unstable slopes and soils - implententation of standard engineering measures in the geotechnical report; creek channel improvements - determine which channel stabilization materials are best for drainage and biotic purposes; and loss of wetlands and other waters of the United States - creation of wetlands and other u'aters to compensate for the loss.

Pursuantto Title 23, California Code of Regulations Section 3857, the Board is issuing WDRs and will not act on the Dischargers' application for Water Quality Certification.

By letter dated September 28, 1999, the Board notified the Dischargers of its intent to prescribe WDRs for this discharge.

The Board, in a public meeting, heard and considered all comments per-taining to rhe discliarsb.

15. 12.
l4

16. 17.

18. t9.

Order 99-xxx
IT IS HEREBY ORDERED that the Dischargers, in order to meet the provisions contained in ,. ' Division 7 of the Califomia Water Code and regulations adopted thereunder, shall comply with" the following:

A. Discharge Prohibitions
I ' The direct discharge of wastes to surface waters or surface water drainage courses is prohibited.

2. The disuharge of oil, gasoline, diesel fuel, anypetroleum derivative, any toxic chemical, or hazardous waste is prohibited.

3. The discharge of u'aste shall not cause a pollution or nuisance as defined in Section 13050 of tlie California Water Code.
4' At tlo time shall surplus or \4'aste earthen materials be placed in surface drainage courses. or in such a manner as to allorv the discharge of such materials to adiacent undisturbed land or to any surface water drainage course except as authorized bythe Order and described in Findings 3 and 13, above, and as described in the Discharsers' application/Report of waste Discharge and supporting materials.

5. Discharges of materials other tlran storm water, u'hich are not otherwise regulated by a NPDES permit or allowed by this Order to waters of the Stare are prohibited.

6. The groundwater shall not be degraded as a result of project construction and related activities.

B. Provisions

1. The Dischargers shall comply u'ith all the Prohibitions and Provisions of this Order immediately upon adoption of this order or as provided berow. 2' The Dischargers shall immediately notify the Board by telephone whenever an adyerse condition occurs as a result of this discharge. An adverse condition includes. but is not limited to, a violation or of the conditions of this Order, significant spill of petroleum products or toxic chemicals, or damage to control facilities that could cause noncompliance. Pursuant to Section 13267(b) of the California Water Code. a u,ritten notification of the adverse condition shall be submitted to the Board within two r',,eeks of occurrence. The written notification shall identifu the adverse condition. describe the actions necessary to remedy the condition, and specify a timetable, subject to the modifications of the Board, for the remedial actions.

3. The Dischargers shall notii/ the Board in writing 30 days prior to actual stan dates for each phase of ionstruction.

+
5 6.

7. 8

9. Order 99-xxx
"' aor.. "' ;:

The Dischargers shall at ali tinres fully comply witi the engineering plans, specificarions, and technical reports submitted with the Dischargers' application for water quality certification and the completed report of waste discharge.

To reduce the potential impacts to water quality, the Dischargers shall divert any flow around construction and/or restoration work within waterbodies using a low flow channel, pipe, or other practices such that the flow does not flow across the work area and no equipment operates in areas of flowing or standing water.

All reports pursuant to tlese Provisions shall be prepared under the supervision of a suitable professional in the State of California.

The discharge of any hazardous, designated or non-hazardous waste as defined in Title27, Division 2' Subdivision 1, Chapter 2 of the California Code of Regulations shall be:
conducted in accordance u,ith applicable state and federal regulations.

Tlie Dischargers shall rento\/e and relocate any wastes rvhich are discharged at any sites in violation of this Order.

In accordance with Section 13260 of the California Water Code, the Dischargers shall fileu'ith tJre Board a reporl of any material change or proposed change in the cha-racter, locatiott. or quantity of tliis \\raste discharge. Any proposed material change in operatign shall be reported to the Executive Officer at least 30 days in advance of irnplenientatiorr of any proposal. This shall include, bul not be limited to, all significant neyy soil disturbances, all proposed expansion of development. or any change in drailage characteristics at the Project site. For the purpose of these requirements. this i-ncludes aniproposed chanse in the boundaries of the project site.

The Dischargers shall maintain a copy of this Order at the project site so as to be available at all times to site operating persomel.

The Dischargers are considered to have full responsibility for correcting any and all problems which arise in the event of a failure which results in an unauthorized release of waste or wastewater.

The Dischargers shall permit the Board or its authorized representative. upon presentation of credentials:
l0

11. 12.

A
b.

Entry on to the project site or the premises in which records are kept.

Access to copy any records required to be kept under the terms and conditions ofthis Order.

Inspection of any treatment equipment, monitoring equipment. or monitoring method required by this Order.
c.

l3
Order 99-xxx

15. d. ' Sampling of any discharge or surface water covered by this Order.

The Dischargers shall comply with the nine Special Conditions in the July 6, 1999, Corps' authorization Ietter. The Special Conditions include implementation of the Mitigation PIan and reporting requirements. The Dischargers shall notify the Board in. writing of the actual start date of the mitigation. Any substantive future changes to ttre Mitigation PIan that do not change acreage or values of the created wetlands must be approved in writing in advance by the Executive Officer. Change; that will affect the acreage or values of the created wetlands must be approved by the Board.

All reports and othe, information, including mitigation monitoring reports, required to be submitted to the Corps shall also be submitted to the Executive Officer at the same tinte the;' are submitted to the Corps.

When the Dischargers have determined that mitigation has achieved success criteria. rhet' shall subnrit a notice of mitigation conipletion. acceptable to the Executive Officer. The notice of nlitigation completion shall include a plan for long-term maintenance and lltana,qentent. acceptable to the Executive Officer. The Dischargers shall impJenient these plarrs.

By Decenrber 1, 1999, the Dischargers will provide a surety bond in the anrount of $150.000 to cover all the costs associated with constructing, monitoring, and, if necessary, repairing the *'etland mitigation during the five-year. or longer if the mitigation is not successful, monitoring period. A copy of the bond shall be submitred to tlre Board and the Corps by Decernber 1, 1999. The Citl,of Fairfield shall be named as a beneficiarl'of the bond. The bond shall terminate upon approval by the Executive Ofllcer that the nritigation plan has been implemented and perfonlance criteria have been lret.

The Disclrargers sliall be considered to have a continuing responsibility for ensuring compliance rvith the prohibitions, limitations, and Provisions of this Order in the operations or use of the owned property. The Dischargers shall immediatel), notif)' the Board u'hen a change in ounership of the Project site occurs.

These Requirements do not authorize commission of any act causing injurl,to the property of another or of the public; do not convey any property rights; do not remove liability under federal, state or local lau,s, regulations or rules of other programs and agencies nor do these Requirements authorize the discharge of wastes without appropriate perrnits from other agencies or organizations,
Before any soil is disturbed onsite, the Dischargers must file aNotice of Intent for coverage under the State's General Construction Activity Storm Water Pernrit. This n'rust cover both the residential development and the wetland riritigation areas. : -'
j;!: -
..: ;,:'_li ;
1AlT.
t6

17. 18

19.

Order qg-***
Native seed mixture shall be used for hydroseeding or broadcast seeded disturbed surfaces outside of the constructed wetlands.

The Dischargers shall submit copies of all necessary approvals and/or permits for the project and mitigation projects from applicable goverrrment agencies, including the State . Department of Fish and Game, prior to the start of construction.

I, Loretta K. Barsamian, Executive Officer, do hereby certiff that the foregoing is a full, complete and conect copy of an Order adopted by the Califomia Regiona1Waier Quality Control Board, San Francisco Bay Region, on October 20,lg9g.

Attachnent l: July 6, 1999 U.S.

Loretta K. Barsamian
Executive Officer
Army Corps of Engineers'Authorization Letter

20. 21.

Agenda Item No: K.6

AGENDA REPORT
DATE: March 18, 2025

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Ordinance 2025-01 CD Amending Various Sections of Chapter 25 and Ordinance 2025-02 Amending Section 7.5 of Chapter 7

Second Reading of Ordinance 2025-01 Amending Various Sections of Chapter 25, Article I of the Municipal Code, also known as the Zoning Ordinance, to Revise and Create New Land Use Definitions; Update Land Use and Development Regulations for Several Zoning Districts; Remove References to the Former Downtown Commercial Core District in the Train Station Specific Plan PD Overlay District; Adjust the Development Permit Requirement Thresholds for Single -Family Residential Developments; and Create New Measurement Regul ations to Calculate Building Transparency; and

Ordinance 2025 -02 Amending Section 7.5 of Chapter 7, Article II of the Municipal Code, also Known as the Electricity Ordinance, to Remove Provisions that Require Transformers to be Installed Within Subsurface Vaults in the Train Station Specific Plan Area

Funding Source: N/A

Contact: Jonathan Atkinson, (707) 428-7387

RECOMMENDED ACTION
Provide second reading and adopt Ordinance 2025-01 and Ordinance 2025-02.

STATEMENT OF ISSUE
Staff periodically finds it necessary to revise the Zoning Ordinance, Chapter 25 of the Fairfield Municipal Code. Revisions are typically proposed to address new issues, correct typographical errors, make minor organizational revisions, clarify language, i ncorporate amendments that implement city policy and practice, implement General Plan goals, objectives, and policies, and comply with State law. The Proposed Ordinance includes the Amendments to the Zoning Ordinance.

The Electricity Ordinance, Section 7. 5, requires transformers to be installed within subsurface vaults in the Train Station Specific Plan area. The Pacific Gas and Electric Company (PG&E) no longer manufactures subsurface transformers, which now effectively only requires ground - mounted transformers on a pad. The undergrounding requirement under Section 7.5 conflicts with PG&E practices. The Proposed Ordinance updates the Fairfield Municipal Code to align with PG&E practices.

On February 18, 2025, the City Council held the first reading of ordinances that would amend the Zoning Ordinance and the Electricity Ordinance.

DISCUSSION
Zoning Ordinance Amendments:

Land Use Definitions
 Alternative Financial Services: Amend this definition to also include establishments that purchase goods from cl ients, such as cash for gold, plasma centers, and similar businesses.

 Commercial Recreation: Major and Minor : Create new definitions to differentiate establishments that involve intensive commercial recreational activities from less intensive activities.

 Parking Facility, Non-Residential: Amend this definition to clarify that this land use does not allow for the storage of vehicles that are under repair or have just completed repair or impound.

 Pet Stores and Pet Supplies : Create a new definition under Zoning Ordinance Section

25.50.2.P to appropriately classify this type of business and enhance the usability of the Zoning Ordinance.

 Tattoo Parlor or Shop: Create a new definition under Zoning Ordinance Section 25.50.2.T to appropriately classify this type of business and enhance the usability of the Zoning Ordinance.

Land Use Regulations

 Commercial Recreation: Major and Minor : Regulate “Commercial Recreation: Major” uses as follows: Conditionally permit in the Neighborhood Commercial (CN) District, Service Commercial (CS) District, Thoroughfare Commercial (CT) District, Community Commercial (CC) District, Regional Commercial (CR) District, Downtown (HD) District [Ground and Upper Floors], Downtown Core (HDC) Dis trict [Ground and Upper Floors], and West Texas Street (HWT) District. Prohibit this use in the Office Commercial (CO) District, Mixed -Use Commercial (CM) District, Mixed Use Office (HO) District, Transit -

Oriented Development (HTD) District, Residential (H R) District, and Public Facilities - Transit (HPF) District.

Regulate “Commercial Recreation: Minor” uses as follows: Permit by right in the CT District, CC District, and CR District. Conditionally permit in the CN District, CS District, HD District [Ground and Upper Floors], HDC District [Ground and Upper Floors], and HWT District. Prohibit this use in the HO District, HTD District, HR District, and HPF District.

Staff recommends prohibiting permanent outdoor recreational activities in the Heart of Fairfield Plan zoning districts.

 Mixed-Use Development: Land Use Regulations : Staff recommends adding “Section

25.22.4.3.B.4” to the Additional Regulations column next to “Duplex,” “Duet,” and “Dwelling, multi-family” in Zoning Ordinance Table 25 -9 to clarify minimum commercial use requirements for mixed-use developments. Staff also recommends revising Note 3 to state that residential -only projects are allowed in the CM District. New minimum commercial requirements for mixed-use developments are discussed in the Development Regulations section of the staff report.

 Personal Care and Domestic Services – Limited: Staff recommends permitting this use in the HD District with a Use Permit and a prohibition on Texas Street. This would create a pathway for t here to be a self -service laundry mat in the HD District, which can be a beneficial amenity for a vibrant downtown.

 Service Stations in the HWT District : Staff recommends the creation of a 1,600 -foot separation requirement for new service stations in the HWT District under Zoning Ordinance Table 25-H1.

 Single-Family Residential Uses in Commercial Districts : Staff recommends prohibiting detached single -family dwellings in the CN District, CO District, CT District, and CC District.

Development Regulations

 Multifamily Residential Standards : Staff recommends the following amendments for multifamily residential developments under Zoning Ordinance Table 25-4:

 Car Wash Parking Space: Eliminate the requirement for a car wash area.

 Exterior Storage: Eliminate the requirement for exterior storage space of 100 cubic feet.

 Heart of Fairfield Plan Zoning Districts: Staff recommends the following amendments for development regulations for the HOF Plan zoning districts:

 Commercial Parking Requirements in Downtown Fairfield: Require one parking space per 1,000 square feet for commercial uses in Downtown Fairfield, specifically the HD District and HDC District. This change to downtown parking requirements aligns with Strategy 5.14.b of the HOF Plan.

 Offsite Parking Allowance Clarification : Staff recommends that Zoning Ordinance Tables 25-H2, 25-H3, and 25-H4 be amended to simplify the offsite parking allowance by clarifying that proof of authorization is required to use a private parcel or public facility for parking.

 Private Open Space Requirements for Single -Family Residential : Staff recommends reducing private open space requirements for single-family residential developments as follows: Amend Note 2 of Zoning Ordinance Table 25 -H5 so that the required minimum uncovered dimension is 8 feet instead of 10 feet; and amend Note 5 so that the required minimum dimension is 5 feet instead of 8 feet.

 Residential Density Allowances: Zoning Ordinance Table 25-H5 establishes a required density range of 8-15 units per gross acre for the following HOF Plan zoning districts:

HWT District, HO District, and HR District. The HOF Plan allows maximum densities of 48 units per gross acre for Mixed Use West Texas Street (MU -WTS) designation and 35 units per gross acre for the Mixed Use Office (MU -O) and Medium Density Residential – Downtown (RM -D) designations. Staff recommends that Zoning Ordinance Table 25 -H5 be amended to alig n with the maximum permitted density allowance in the HOF Plan.

 Typographical Error: Staff recommends amending Zoning Ordinance Table 25 -H5 to correct a misspelled word regarding onsite parking requirements for single -family residences.

 Mixed-Use D evelopment Standards : Staff recommends the following amendments to mixed-use development standards:

 Commercial Thresholds : Establish minimum commercial thresholds for mixed -use development projects that are standalone parcels and/or part of a master pla nned center to ensure the provision of adequate commercial space. Include a provision that allows the Commission to reduce or waive this requirement where the Commission determines that the recreational amenities integrated into the mixed-use project are publicly accessible and would effectively serve as commercial uses.

 Building Transparency: Establish minimum transparency requirements to ensure an active building -streetscape interface for mixed -use developments. Transparency is defined as vertical surfaces constructed with transparent materials, such as glass windows or storefronts. Include a provision that allows the Commission to reduce or

waive this requirement where the Commission determines that the building façade has a high-quality design.

 Housing Accountability Act: Because the Commission has the authority to reduce or waive certai n development regulations for mixed -use developments, staff recommends adding a provision to Zoning Ordinance Section 25.22.4.3 that a project must comply with objective development regulations to determine zoning compliance under the Housing Accountability Act.

 Parking: Staff recommends the following amendments under Zoning Ordinance Section

25.34: Parking and Loading:

 Accessory Dwelling Unit Parking Standards : Amend Zoning Ordinance Table 25 -17 to clarify that no additional parking is required for either an ADU or a JADU. This amendment would align Zoning Ordinance Table 25-17 with Zoning Ordinance Section

25.20.4.11.C.4 and would implement State law.

 Public Transportation Parking Exemption : Amend Zoning Ordinance Section 25.34.5:

Adjustments t o Off -Street Parking Requirements to include parking exemptions for development projects within a ½ mile of a major public transit stop. This amendment is proposed to comply with Assembly Bill (AB) 2097 (Government Code Section 65863.2).

 Train Station Specific Plan Reference to former CDC District: Staff recommends amending Zoning Ordinance Section 25.28.7.K.D.2.B.3(e)(f) to remove references to the former Downtown Commercial Core (CDC) District with the HDC District.

 Transparency Calculation Measurement: Staff recommends the creation of measurement regulations to calculate building transparency under Zoning Ordinance Section 25.51.

Development Permit Requirements

 Single-Family Residential Tract Housing: Staff recommends removing a reference to “tract housing” from the “Single family detached” column in Zoning Ordinance Table 25 -18, as not all single-family residential uses are tract housing.

 Single-Family Residential Review Threshold for Heart of Fairfield Plan: Staff recommends amending Note 5 of Zoning Ordinance Table 25 -18 to require a Minor Development Review application rather than a Development Review application in the HOF Plan zoning districts for single -family residential developments involving a minimum of 12 units per gross acre. Note 5, which currently includes mixed -use development permit provisions, would be replaced entirely because it is unnecessary to determine permit requirements.

Environmental Review:

Zoning Ordinance Amendments : The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations. The Zoning Ordinance amendments constitute minor code text changes pertaining to land use and development regulations for several zoning districts; land use definitions; permit requirement thresholds; building transparency measurement calculations; and general corrections. These changes will not result in any new substantial physical c hanges to the environment. Furthermore, any projects that result from these changes would be subject to the applicable level of environmental review in accordance with CEQA.

Electricity Ordinance Amendment : The proposed Electricity Ordinance amendment i s exempt from CEQA under Section 15061(b)(3): Common Sense Exemption. This change will not result in any new substantial changes to the environment.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION

Public Contact: The following public notifications were provided for the February 18, 2025, City Council meeting: published a public hearing notice in the Daily Republic newspaper on the City’s Planning Division webpage on January 29, 2025. The staff has not received any correspondence at the time of this writing.

Advisory Body Recommendation: On December 11, 2024, the Planning Commission held a duly noticed public hearing on the Zoning Ordinance Amendments. Following the closure of the public hearing, the commission adopted Resolution No. PC2024-13 in a 7-0 vote, recommending council approval of the proposed Zoning Ordinance Amendments. Because the Electricity Ordinance is not under the purview of the commission, only the council will review amendments to Section

7.5. ALTERNATIVE ACTION
The council may choose to do any of the following: (1) approve the proposed Zoning Ordinance and Electricity Ordinance amendments, as recommended; (2) provide direction to staff to revise the proposed amendments for City Council review at a future meeting; or (3) deny the proposed amendments. Denial of the proposed amendments would maintain the status quo of the existing regulations, including instances where there are typographical errors and/or conflicts.

COORDINATED WITH
Public Works

STAFF CONTACT
Jonathan Atkinson, Senior Planner
(707) 428-7387
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance – Zoning Ordinance Amendments Attachment 3: Proposed Ordinance – Electricity Ordinance Amendment Attachment 4: Planning Commission Supporting Documents

CITY OF FAIRFIELD

ORDINANCE NO. 2025-01

AMENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I OF THE MUNICIPAL CODE,

ALSO KNOWN AS THE ZONING ORDINANCE, TO REVISE AND CREATE NEW LAND USE DEFINITIONS; UPDATE LAND USE AND DEVELOPMENT REGULATIONS FOR SEVERAL ZONING DISTRICTS; REMOVE REFERENCES TO THE FORMER DOWNTOWN

COMMERCIAL CORE DISTRICT IN THE TRAIN STATION SPECIFIC PLAN PD OVERLAY DISTRICT; ADJUST PERMIT REQUIREMENT THRESHOLDS FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENTS; AND CREATE NEW MEASUREMENT REGULATIONS TO

CALCULATE BUILDING TRANSPARENCY

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

SECTION 1. Statement of Intent

A. On April 20, 1999, t he City Council adopted an updated Zoning Ordinance and Zoning Map to ensure consistency between the Zoning Ordinance and the General Plan.

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

C. On December 11 , 2024 , the Planning Commission was presented with the revisions to the Zoning Ordinance, as contained herein, and after holding a duly noticed public hearing, voted to recommend that the council approve the proposed revisions.

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

SECTION 2. Chapter 25, Article I, Section 25.20 Residential Zoning Districts, Section

25.20.3 Development Regulations, Table 25 -4 is hereby amended to (1) delete the carwash area parking requirement and (2) delete the private exterior storage requirement of 100 cubic feet per unit, as follows:

ORD. NO. 2025-01

Table 25-4: Multifamily Residential Development Regulations Regulations Zoning District
Applicable
Sections and
Footnotes
(all figures are
minimums measured
from property line
and in linear feet,
unless otherwise
indicated) RLM RM RH RVH
Site Planning
Density range
(maximum dwelling
units per acre)
up to 8 8-15 15-22 22-32

Lot dimensions
(minimum for new
subdivision)

Area (acres) 1 3 3 3 Section 25.10.5 (F)
Width/depth
(feet)
150/150 200/200 200/200 200/200
Parking Note 1
Studio/efficiency 1 space per unit
One bedroom 1.5 spaces per unit
Two or more
bedrooms
2 spaces per unit
Visitor Rental Projects: 1 space for each seven units
Ownership Units: 1 space for each four units
Car wash area Required
Landscaping Section 25.20.4.8 (C)
Street trees (one
tree for each ...)
25 feet of street frontage Note 2
Tree density, on-
site (number per sq.
ft. of landscape area)
1 tree for each 325 square feet of landscape area
Note 3
Minimum depth of
interior property line
landscaping (feet)
5 Note 4
Recreation amenities Section 25.20.4.8 (B)
Major (e.g., pool,
recreation building,
tennis court, etc.)
Requirements based on number of
dwellings in project
Minor (tot lot,
BBQ/picnic area,
volleyball court, etc.)
Open space Section 25.20.4.8
(A)
Private open space
per unit, sq. ft.
(ground floor/upper
story unit)
120/60 80/48
Note 5

ORD. NO. 2025-01

Table 25-4: Multifamily Residential Development Regulations Regulations Zoning District
Applicable
Sections and
Footnotes
(all figures are
minimums measured
from property line
and in linear feet,
unless otherwise
indicated) RLM RM RH RVH
Common open
space (percent of net
parcel area)
50% 45% 40% 35%

Laundry facilities Private or common facilities required Storage space
(private, exterior
area per unit)
100 cubic feet

Trash enclosures for
garage and
recyclable materials
Required
Section 25.30.7

SECTION 3. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts , Section

25.22.2 Allowed Uses and Permit Requirements, Table 25 -9 is hereby amended to (1) delete “Commercial recreation” as a land use; (2) add “Commercial recreation: major” as a conditionally permitted use in the CN (Neighborhood Commercial) District, CS (Service Commercial) District, CT (Thoroughfare Commercial) District, CC (Community Commercial) District, and CR (Regional Commercial) District; (3) add “Commercial recreation: minor” as a conditionally permitted use in the CN District and CS District, and a permitted use in the CT District, CC District, and CR District; (4) delete “Dwelling, single family detached” as a conditionally permitted use in the CN District, CO (Office Commercial) District, CT District, and CC District ; (5) add Section 25 .22.4.3.B.4 to the Additional Regulations column next to “Duplex”, “Duet”, and “Dwelling, multi -family”; and (6) revise Note 3 to state that residential-only projects are allowed in the CM (Mixed- Use Commercial) District, as follows:

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

Entertainment and Recreation Related
Adult entertainment business - - P P - - - Section

25.32.2 Bingo Hall C - C C C C Section

12.201
Athletic club P C - P P C -
Fitness Studio P P C P P P

ORD. NO. 2025-01

P Use Permitted
Table 25-9: Commercial District
Land Use Regulations
C Conditional Use Permit
- Not permitted
Use CN CO CS CT CC CR CM
Additional
Regulations
Campground - - C - - C -
Commercial recreation C - C P P C -
Commercial recreation: major C - C C C C -
Commercial recreation: minor C - C P P P -
Stadium or arena - - C C C C -
Theater (indoor) - - - P P P -
Theater (outdoor) - - C C C C -

Residential

(Note 11)
Accessory dwelling units Section 25.20.4.11
Boarding houses, large C C - C C - C
Boarding houses, small C C - C C - C
Adult Day Care Facility - C - C C - P
Assisted Living Facility C C - C C - C
Duplex
C C - C C - P Note 3
Section

25.22.4.3.B.4
Duet
C - - C C - P Note 3
Section

25.22.4.3.B.4
Dwelling, multi-family
C C - C C - P Note 3
Section

25.22.4.3.B.4
Dwelling, single family detached C C - C C - C Note 3
Family day care homes - - - - - - P
Community Care Facility-Residential - C - C C - P
Single Room Occupancy Housing - - - C - - P Sec.

25.22.4.5 Notes:

(1) In the CS zone district, a Conditional Use Permit (CUP) is required for retail sales when the sale of products is a pr imary use. A CUP is not required for retail sales that occur as an ancillary or accessory use, such as the sale of items associated with a repair or service business, or the sale of products produced, repaired, or refurbished on-site.

(2) A Conditional Use Permit shall be required for any specialty food or beverage market selling alcohol.

(3) Residential land uses shall only be allowed in conjunction with a commercial land use on the same property, except in the CM zoning district where purely residential projects can be allowed. Residential-only projects are allowed in the CM District.

(4) Conditional Use Permit approval shall be required for any automobile or vehicle sales or leasing in any multitenant building.

ORD. NO. 2025-01

(5) Major repair use is also permitted as an ancillary use to vehicle sales dealerships which occupy sites of greater than one acre.

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

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

(8) All auto repair shall be conducted within an enclosed building or in a rear or side yard behind a solid masonry wall. No work shall occur in parking lots or driveways.

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

(10) Vehicle sales in the CS District shall involve no outdoor sales lot. All vehicle sales shall occur within an enclosed showroom.

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

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

(13) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600 ) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as defin ed in Chapter 10E of the Fairfield Municipal Code. The distance measured shall be the horizontal distance measured in a straight line from the property line of the parcel with the sensitive use to the closest property line of the lot on which the cannabis business is located.

SECTION 4. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts , Section

25.22.4.3 Mixed -Use Residential Development Regulations is hereby amended to (1) delete Section 25.22.4.3.B.4. Ground Floor Residential uses.; (2) create minimum commercial requireme nts for integrated centers and standalone parcels under a new Section 25.22.4.3.B.4; (3) create minimum building transparency requirements for mixed- use development projects, as follows:

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

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

ORD. NO. 2025-01

2. Parking. The residential portion of any mixed-use development project shall provide one space per unit, irrespective of the number of bedrooms within individual units, in addition to the parking that the City would normally require for commercial portion of the project:

3. Projects with residential and commercial buildings not physically connected. The residential portion of any mixed -use development project in which the proposed commercial building is physically separated from the proposed residential buildin g shall comply with the development regulations contained in Table 25-6: Alternative Multifamily Development Regulations, with the exception of the minimum lot area and parking requirements identified by Table 25 -6. Instead, the minimum lot area specified in Table 25-10 for the respective zone in which the project is proposed shall apply and the parking regulations identified in the Parking section above shall apply.

4. Ground Floor Residential uses. For all buildings facing an arterial public street, no more than 50% of the occupied frontage façade on the ground floor facing the street shall be devoted to a residential use. Residential uses may occupy 100% of the ground floor frontage facing any local or collector street, parking area, or landscaped area.

4. Minimum Commercial Uses. Projects shall include commercial uses as follows:

a. Individual Parcels. For buildings that face an arterial road, 100 percent of the ground floor façade that faces the arterial road and 20 percent of the floor area for the ground floor shall be designed for commercial occupancy independent of the residential use.

A minimum of 10 percent of the combined first floor square footage of all other buildings on the parcel shall be designed for commercial uses independent of residential uses. This commercial space may be in any building on the parcel.

b. Master Planned Centers. Unless designed as a master planned project that includes residential uses, all parcels in a mixed -use development project must contain commercial uses. Commercial uses shall occupy a minimum of 50 percent of ground floor space in a master planned center.

The Planning Commission shall have the ability to reduce or waive the requirement for commercial uses in any project where the Commission determines that the recreational amenities integrated into the mixed -use project are publicly accessible and would effectively serve as commercial uses.

5. Minimum Building Transparency. For buildings that face a public street, the street - facing ground floor shall have a minimum transparency of 50 percent for the Thoroughfare Commercial (CT) District, Community Commercial (C C) District, and Neighborhood Commercial (CN) District, and 30 percent for the Office Commercial (CO) District. The Planning Commission shall have the ability to reduce or waive the requirement for building transparency where the Commission determines tha t the building façade has a high-quality design.

ORD. NO. 2025-01

C. Housing Accountability Act. For the purposes of zoning compliance with the Housing Accountability Act under Government Code Section 65589.5, projects shall comply with the objective development standards for mixed-use development.

SECTION 5. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.2 Allowed Uses and Permit Requirements, Table 25-H1 is hereby amended to (1) delete “Commercial recreation” as a land use; (2) add “Commercial recreation:
major” as a conditionally permitted use in the HD (Heart of Fairfield Downtown) District:

Ground and Upper Floors, HDC (Heart of Fairfield Downtown Core) District: Ground and Upper Floors, and HWT (Heart of Fairfield West Texas) District; (3) add “Commercial recreation: minor” as a conditionally permitted use in the HD District: Ground and Upper Floors, HDC District: Ground and Upper Floors, and HWT District; (4) add “Personal care and domestic services – Limited” as a conditionally permitted use in the HD District; (5) create a “Note 20” that prohibits outdoor commercial recreation activities and add “Note 20” to the Additional Regulations column next to “Commercial recreation: major” and “Commercial recreation: minor”; (6) create a “Note 21” that prohibits “Personal care and domestic services – Limited” uses are not permitted on the ground floor for any parcels fronting Texas Street in the HD District; and (7) create a “Note 22” that prohibits “Service station” uses from being located within 1,600 feet of existing service stations in the HWT District, and add “Note 22” to the Additional Regulations column next to “Service station”, as follows:

Table 25-1: Heart of Fairfield Land Use Regulations

P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Entertainment and Recreation Related
Adult entertainment
business
- - - - - - - - -
Bingo Hall - - - - - - - - -
Athletic club - P - P - P - - -
Fitness Studio P P - P C P C - C
Campground - - - - - - - - -
Commercial recreation C C C C - C - - -

ORD. NO. 2025-01

P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Commercial recreation:
major
C C C C - C - - - Note 20
Commercial recreation:
minor
C C C C - C - - - Note 20
Stadium or arena - - - - - - - - -
Theater (indoor) P P P P - P - - -
Theater (outdoor) C C C C - C - - -

General Services
Auction (indoor) - - - - - P - - -
Auction (outdoor) - - - - - - - - -
Bed and breakfast inn C C - C C P P P -
Business support
services

C P C C P P P - -
Equipment rental
(outdoor)
- - - - - - - - -
Equipment rental
(indoor)

P P C P P P P - -
Funeral and interment
services
- - - - C P - - -
Hotel C C P P - P - - - Sec.

25.22.4.2 Motel - - - - - - - - -
Hotel, Extended Stay C C P P - P - - - Sec.

25.22.4.2 Motel, Extended Stay - - - - - - - - - Maintenance & repair,
machinery & small
engine
- - - - - C - - - Note 15
Maintenance & repair,
personal and household
items

P P P P P P P - P
Mini-storage - - - - - - - - -
Personal care and
domestic services
P P C P P P P - P Note 8
Note 19

ORD. NO. 2025-01

P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Personal care and
domestic services -
Limited
C C - - - P - - - Sec.

25.32.16 Note 21
Tattoo Parlor - P - P P P P - -
Collection Containers - - - - - - - - -
Recycling collection
facility - small
- - - - - - - - - Sec.

25.22.32.7 Vehicle Sales and Service
Automobile and truck
rental
- - - - - - - - -
Automobile and vehicle
major repair
- - - - - - - - -
Automobile
maintenance and minor
repair
- - - - - - - - -

Large truck and
machinery - sales and
leasing
- - - - - - - - -

Recreational vehicle,
boats, trailer sales
- - - - - - - - -
Service station - - - - - C - - - Note 4
Note 22
Vehicle, accessory
equipment sales
- - - - - - - - -
Vehicle sales - antique
and collector
- - - - - - - - -
Vehicle sales (greater
than one acre)
- - - - - - - - -
Vehicle sales (less than
one acre)
- - - - - - - - -
Vehicle storage or
impound yard
- - - - - - - - - Note 5

(1) Repealed by Ord. No. 2020-06.
(2) Assembly uses (including churches) in the HDC and HD zone are not permitted on any parcel fronting Texas Street, Madison Street, or Jefferson Street south of Texas Street.

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

ORD. NO. 2025-01

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600 ) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as defin ed in Chapter 10E of the Fairfield Municipal Code. The distance measured shall be the horizontal distance measured in a straight line from the property line of the parcel with the sensitive use to the closest property line of the lot on which the cannabis business is located.

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

(20) Permanent outdoor commercial recreation activities are prohibited.

(21) “Personal care and domestic services – Limited” uses are not permitted on the ground floor for any parcels fronting Texas Street in the HD District.

(22) Service station uses in the HWT District shall not be permitted within a 1,600-foot radius of existing service stations.

SECTION 6. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25-H2 is hereby amended to (1) add Section 25.28.3 to the Sections and Footnotes column next to Parking; (2) replace the commercial parking requirements for the HD District and HDC District in the “Number of spaces required” row; and (3) clarify off-site parking allowances and add that proof of

ORD. NO. 2025-01

authorization is required to use a private parcel or public facility for parking under Note 3, as follows:

Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings

Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings Regulations
(all figures are
minimums
measured from
property lines and in
linear feet, unless
otherwise indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD

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

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

25.28.3 and 25.34 1
space per 1,000
square feet
See Section 25.34 See Section 25.28.3
and 25.34
See Section 25.34
Private surface lot
location and access
Rear or side only.

No access from
Texas Street.

Rear or side only Rear or side only Rear or side only
Landscaping
Depth @ street
frontage
4' 10' 8' 5' Note 5, Note 6
Depth @ interior
property line
0' 5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or
use
0' 5' 5' 5' Note 5

ORD. NO. 2025-01

Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings Regulations
(all figures are
minimums
measured from
property lines and in
linear feet, unless
otherwise indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD
Street tree spacing
(one tree for each ...)
30' 30' 30' 30'
Outdoor Seating or
Merchandise Display
See Section 25.32.9
Activity Zone 4' along Texas
Street; 0' elsewhere
0' 0' 4' Note 7

Notes:

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

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

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

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

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

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

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

(8) In the HWT Zone, an additional 1' of setback shall be provided for each 1' of building height over 20', up to 40' maximum setback.

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

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

SECTION 7. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25 -H3 is hereby amended to clarify off-site parking allowances and add that proof of authorization is required to use a private parcel or public facility for parking under Note 2, as follows:

Table 25-H3: Development Regulations for Multifamily Buildings

Notes:

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

ORD. NO. 2025-01

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

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

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

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

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

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

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

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

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

SECTION 8. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25-H4 is hereby amended to (1) add Note 4 and Section 25.28.3 to the Sections and Footnotes column next to Parking; (2) replace the commercial parking requirements for the HD District and HDC District in the “Number of spaces required” row; and (3) clarify off-site parking allowances and add that proof of authorization is required to use a private parcel or public facility for parking under Note 4, as follows:

Table 25-H4: Development Regulations for Mixed Use

ORD. NO. 2025-01

Table 25-H4: Development Regulations for Mixed Use
(Properties with a Mixture of Residential and Commercial Development) (all figures are
minimums
measured from
property lines and
in linear feet, unless
otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD

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

Width N/A 50' 50' 50'
Depth N/A 150' 150' 150'
Floor Area Ratio 3.0 2.0 0.6 3.0 Note 1
Multifamily Housing-
Where Permitted
Not permitted on
first floor of Texas
Street
No restrictions No restrictions No restrictions
Commercial
Buildings-Where
Permitted
No restrictions Commercial
buildings permitted
only on parcels with
West Texas Street
and Beck Avenue
access
No restrictions No restrictions
Parking Note 4
See Section 25.28.3
Number of spaces
required-residential
1 space per unit 1 space per unit 1 space per unit 1 space per unit Note 4 Number of spaces
required-
commercial
See Section 25.28.3,
Section 25.34 1
space per 1,000
square feet
Section 25.34 See Section 25.28.3,
Section 25.34
Section 25.34
Private surface lot
location and access
Rear or side only;
no access from
Texas Street
Rear or side only
Open Space and
Recreational
Amenities

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

ORD. NO. 2025-01

Table 25-H4: Development Regulations for Mixed Use
(Properties with a Mixture of Residential and Commercial Development) (all figures are
minimums
measured from
property lines and
in linear feet, unless
otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD
Recreational
amenities
Required See Section

25.20.4.8(B)
Landscaping Note 2, Note 3, Note
9 Depth @ street
frontage
4' 10' 8' 5' Note 9
Depth @ interior
property line
0' 5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or
land use
0' 5' 5' 5'
Street tree
spacing (one tree for
each ...)
30' 30' 30' 30'
Laundry Facilities Required
Storage Space
(private area per
unit)
100 cubic feet per unit
Trash Enclosures
(including
recyclables)
Required Section 25.30.7

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

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

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

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

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

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

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

ORD. NO. 2025-01

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

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

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

SECTION 9. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25-H5 is hereby amended to (1) increase the density for the HWT District to 48 units per gross developable acre; (2) increase the density for the HO District and HR District to 35 units per gross developable acre; (3) correct a typo in the On Site Space per Dwelling row; (4) revise Note 2 so that the required minimum uncovered dimension for private open space is 8 feet instead of 10 feet; and ( 5) amend Note 5 so that the required minimum uncovered dimension for private open space is 5 feet instead of 8 feet, as follows:

Table 25-H5: Development Regulations for Single Family Homes

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

Site Planning
Lot Area No Minimum No Minimum No Minimum
Lot Dimensions
Width 25' interior, 35' corner 25' interior, 35' corner 25' interior, 35' corner Note 6 Depth As required to provide
private open space
As required to provide
private open space
As required to provide
private open space

Location of Home (Street
Frontage)
Any location except
fronting on West Texas
Street
Any location Any location

Density 8 - 15 48 8 - 15 35 8 - 15 35
Parking
On Site Space per
Dwelling
For units larger than 960 square feet: 1 covered, 1 uncovered parking space.

For units smaller than 960 square feet: 1 uncovered space

Off-Site Space per
Dwelling (Includes on-
street parking)
1 uncovered. Second
uncovered off-site
space may replace on-
site space
1 uncovered. Second
uncovered off-site
space may replace on-
site space
1 uncovered. Second
uncovered off-site
space may replace on-
site space
Note 1

ORD. NO. 2025-01

Table 25-H5: Development Regulations for Single Family Homes (all figures are minimums
measured from property
lines and in linear feet
unless otherwise
indicated) HWT HO HR
Sections and
Footnotes
Heart of Fairfield Land Use
Designation MU-WTS MU-OCD RM-D
Driveway Widths-
Maximum Percentage
50% 50% 50%
Open Space and
Recreational Amenities

Private Open Space 280 square feet 280 square feet 280 square feet Notes 2, 5

Common Open Space
(Subdivisions with 20 or
more units)
5% of net subdivision
area
5% of net subdivision
area
5% of net subdivision
area

Landscaping Note 3
Depth @ street frontage 10' 8' 8'
Depth @ interior
property line
5'; 0' if side building
setback is 0'
5' 5'

Depth adjacent to
residential zone or land
use
5' 5' 5'
Street tree spacing (one
tree for each ...)
30' 30' 30'
Residential Waste
Collection and Storage
For new subdivisons with street frontage, project shall provide 12 linear feet per unit on street for toter placement.

Alternatively, residential waste can be disposed of in a shared receptacle (dumpster or bin) contained within an approved trash enclosure that meets City of Fairfield standards
Note 7
Alley Development

Single Family Dwellings
Fronting on Alley
Permitted?
With a Conditional Use Permit Note 3

Notes:

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

(2) Required private open space shall not be located in the required front yard setback, and shall have a minimum u ncovered dimension of 10 8 feet. Partially covered or enclosed rear yard areas shall be allowed to be counted towards 50% of the required open space as long as they are completely open to the rear yard on a minimum of two sides.

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

(4) An increase in Building Height is allowed with approval of a Conditional Use Permit (see Section 25.40.6). (5) Private open space may be reduced to 80 square feet with a minimum dimension of 8' 5 feet when the project provides at least 200 square feet per dwelling unit of common open space developed for multiple active uses, such as playgrounds, play courts, barbecue areas, pool, etc.

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

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

ORD. NO. 2025-01

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

SECTION 10. Chapter 25, Article I, Section 25.28 Overlay Zoning Districts , Section

25.28.7.K.D.2.B.3(e)(f) is hereby amended to replace references to the former Downtown Commercial Core (CDC) District in the Train Station Specific Plan PD Overlay District as follows:

3. Development Regulations. For areas designated as follows on Figure 1-2 of the Specific Plan:

e. Community Commercial: Development shall occur subject to the requirements of CDC HDC and CN Zoning Districts except as modified by this Specific Plan.

f. Commercial Mixed Use: Development shall occur subject to the requirements of the Zoning Ordi nance for the CM, CDC HDC and CN Zoning Districts except as modified by this Specific Plan.

SECTION 11. Chapter 25, Article I, Section 25.30 General Development Re gulations, Section 25.30.2 Fences, Walls, and Hedges is hereby amended to revise Figure 25 -4:

Allowed Fences in the Street Side Yard to replace all visual references for 6-foot-high fences to 7 feet, as follows:

Figure 25-4: Allowed Fences in the Street Side Yard

ORD. NO. 2025-01

SECTION 12. Chapter 25, Article I Section 25.34 Parking and Loading is hereby amended to (1) clarify that no additional parking is required for accessory dwelling units or junior accessory dwelling units under Table 25 -7: Parking Spaces Required by Land Use in Section 25.34.4 Number of Parking Spaces Required and (2) add provisions under Section

25.34.5 Adjustments to Off-Street Parking Requirements to clarify that off-street parking is not required for eligible projects that are within a half -mile of public transit under Government Code Section 65863.2, as follows:

Table 25-7: Parking Spaces Required by Land Use

Table 25-17: Parking Spaces Required by Land Use (cont.) Use Minimum Parking Required Applicable Sections

Residential Accessory Uses and Improvements
Accessory dwelling units
1 space for efficiency or one bedroom
unit, 2 spaces for unit with two or more
bedrooms.
§25.20.4.11

ORD. NO. 2025-01

Table 25-17: Parking Spaces Required by Land Use (cont.) Use Minimum Parking Required Applicable Sections
No additional parking shall be required.

See §25.20.4.11.

Common area uses and facilities As determined by review authority Subdivision sales trailer, temporary on-site Note 1 above (following Agriculture) Subdivision model homes 2 spaces per model for subdivisions with 75 or more lots

Section 25.34.4 Number of Parking Spaces Required

D. Projects within one-half mile of a public transit stop. Projects that are located within one-half mile of a public transit stop, as defined in Public Resources Code Section 21155, shall not be subject to off-street parking requirements, if they meet the criteria set forth in Government Code Section 65863.2.

SECTION 13. Chapter 25, Article I, Section 25.40 Permits, Section 25.40.4, Table 25-18 is hereby amended to (1) remove “(tract housing)” from the Single family detached row; (2) add Note 5 to the Applicable Sections & Notes column next to “…11 or more units” rows under Single fam ily detached and Single family attached; (3) strike Note 5 from the Applicable Sections & Notes column next to Multifamily; (4) delete Note 5 entirely from the Notes section; and create a new Note 5 indicating that Minor Development Review is required for single-family residential developments that have a minimum density of 12 units per gross developable acre for Heart of Fairfield Plan zoning districts, as follows:

Table 25-18: Development Permit Requirements

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

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

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

ORD. NO. 2025-01

Table 25-18: Development Permit Requirements

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

Review
Development
Review
... 1 to 10
units
- - - X -
... 11 or more
units
- - - - X Note 1
Note 5
Single family
attached:

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

... single family
detached or
attached lot

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

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

ORD. NO. 2025-01

Table 25-18: Development Permit Requirements

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

Review
Development
Review
... Minor - - X - -
... Major - - - X -
... Demolition - - - - X
Model home
complex
- - X - -

Notes:

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

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

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

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

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

(5) Single-family residential developments involving a minimum re sidential density of 12 units per gross developable acre within Heart of Fairfield Plan zoning districts require Minor Development Review.

SECTION 14. Chapter 25, Article I, Section 25.50 Definitions of Terms and Phrases , Section 25.50.2 Land Use Definitions is hereby amended to revise, delete, and add the following definitions:

A. Land use definitions, “A”.

Alternative Financial Services. “Alternative Financial Service” shall mean a use, other than a State or Federally chartered bank, credit union, mortgage lender, savings and loan association, or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. The term “Alternative Financial Service” includes, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing services or businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. “Alternative Financial Service” also includes establishments that purchase goods from clients, such as cash for gold, plasma centers, and similar businesses, and “Check Cashing Service” as defined in

ORD. NO. 2025-01

Fairfield Municipal Code Section 25.50. Non -profit financial institutions are not encompassed by the term “Alternative Financial Service.” The term “Alternative Financial Service” does not include retail sellers engage d primarily in the business of selling consumer goods to retail buyers and that cash checks for a minimum fee, not exceeding five percent, as a service to its customers that is incidental to its main purpose or business.

C. Land use definitions, “C”.

Commercial Recreation. A commercial establishment that provides recreation and entertainment to customers that participate in games, sports, or other recreation activities. This classification includes the following uses:

ice or roller skating rinks laser tag facilities
bowling alleys miniature or golf driving range
billiard hall pinball arcade or electronic game center
having four or more game machines
dance hall

This classification does not include race tracks, stadiums, and outdoor arenas.

Commercial Recreation: Minor. A commercial establishment having 50,000 square feet or less that provides indoor recreation and entertainment to customers that participate in games, sports, or other recreation activities. This classification includes the following uses and similar activities:

billiard hall
bowling alleys
dance hall
ice or roller skating rinks
pinball arcade or electronic game center having four or more game machines

This classification does not include race-tracks, stadiums, and outdoor arenas.

Commercial Recreation: Major. A commercial establishment that provides recreation and entertainment to customers that participate in intensive games, sports, or other recreational activities. This classification includes the following uses and similar activities:

airsoft shooting range
axe or knife throwing
go-kart racing or bumper cars
outdoor miniature or golf driving range
paintball

ORD. NO. 2025-01

smash or rage rooms

This classification does not include firearm or archery ranges, stadiums, or outdoor arenas.

P. Land use definitions, “P”.

Parking Facility, Non -residential. A parcel, or portion thereof, used or designed for daily storage of motor vehicles as the principal land use on the parcel. This classification does not include the storage of motor vehicles that are under repair or have just completed repair or impound.

Pet Stores and Pet Supplies. An establishment primarily engaged in the retail sales of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals, such as horses, goats, sheep, and poultry. This use also includes the retail sale of pet food and supplies, including merchandise. Veterinary services during normal business hours and/or grooming, training, and other services to small animals with no overnight boarding are permitted as accessory uses.

T. Land use definitions, “T”.

Tattoo Parlor or Shop. An establishment engaged primarily in the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture skin. This classification also includes establishments that offer body-piercing services.

SECTION 15. Chapter 25, Article I, Section 25.5 1 Measurements is hereby amended to create a new Section 25.51.6 Measuring Building Transparency, as follows:

25.51.6 Measuring Building Transparency

A. Building Transparency. Building transparency shall be the percentage of the vertical surface area of ground floor and upper floor walls along the building frontage that is constructed with transparent materials, measured from finished floor to finished ceiling. This includes windows, transparent glazing, transoms, and doors.

Figure 25-14: Building Transparency

ORD. NO. 2025-01

SECTION 16. This Ordinance shall be effective 30 days following its adoption by the council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 18th day of February 2025, and

PASSED AND ADOPTED this 18th day of March 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

CITY OF FAIRFIELD

ORDINANCE NO. 2025-02

AMENDING SECTION 7.5 OF CHAPTER 7, ARTICLE II OF THE MUNICIPAL CODE, ALSO

KNOWN AS THE ELECTRICITY ORDINANCE, TO REMOVE PROVISIONS THAT REQUIRE

TRANSFORMERS TO BE INSTALLED WITHIN SUBSURFACE VAULTS IN THE TRAIN

STATION SPECIFIC PLAN AREA

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

SECTION 1. Chapter 2 7, Article I I. Underground Utilities , Section 7.5 Required; Exceptions is hereby amended as follows:

All transformers located within the Train Station Specific Plan area, as defined in Section

25.28.7(K), shall be enclosed within subsurface vaults, if the transformers are appurtenant to underground facilities and are located within a front or side street setback.

Public or private utility, transmission or distribution lines, wires or cables, to be installed within and for the purpose of serving new subdivisions and all other undeveloped or redeveloped parcels of land shall be placed underground. There shall be no poles, overhead wires or associated overhead structures installed except poles without overhead wires used exclusively for street lighting, fire alarm boxes or other municipal equipment installed under supervision of and to the satisfaction of the director of public works. The subdivider or developer shall be held responsible to make the necessary arrangements with the utility companies. This section does not apply to:

a. High voltage transmission lines transmitting electricity of fifty thousand volts or more.

b. Equipment outside of the Train Station Specific Plan area boundaries and appurtenant to underground facilities, such as pedestal mounted terminal boxes meter cabinets, and concealed ducts.

c. Wires attached to the exterior walls of a building for the purpose of interconnecting communication facilities within the building.

The City Council may grant special permission on such terms as it may deem appropriate for installation of the " streamlined" underground electrical distribution system, and in cases of emergency or extreme hardship without discrimination as to any person or utility company to erect, construct, install, maintain, use, or operate poles and overhead wires and associated overhead structures notwithstanding any other provisions of this article.

Application for such special permission shall be filed with the director of public works and shall be transmitted by the city manager to the council, along with any recommendations which he may have concerning the granting or denial of such application.

ORD. NO. 2025-02

SECTION 2. This Ordinance shall be effective 30 days following its adoption by the council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 18th day of February 2025, and

PASSED AND ADOPTED this 18th day of March 2025, by the following vote:

AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

City of Fairfield Planning Commission
RESOLUTION NO. PC2024-13

RESOLUTION OF THE CITY OF FAIRFIELD PLANNING COMMISSION

RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
AMENDING CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE, TO REVISE AND CREATE NEW LAND USE DEFINITIONS;

UPDATE LAND USE AND DEVELOPMENT REGULATIONS FOR SEVERAL ZONING DISTRICTS; REMOVE REFERENCES TO THE FORMER DOWNTOWN

COMMERCIAL CORE (CDC) DISTRICT IN THE TRAIN STATION SPECIFIC PLAN PD OVERLAY DISTRICT; ADJUST PERMIT REQUIREMENT
THRESHOLDS FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENTS; AND

CREATE NEW MEASUREMENT REGULATIONS TO CALCULATE BUILDING TRANSPARENCY.

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

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

SECTION 2. The commission has held a duly noticed public hearing on December 11, 2024. The City staff presented substantial factual information regarding the proposal in staff reports and through oral presentations before the commission, and the commission considered all public testimony and information presented during the public hearing regarding this application.

SECTION 3. The commission has determined that the Zoning Ordinance amendments are consistent with the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations. The Zoning Ordinance amendments constitute minor code text changes pertaining to land use and development regulations for several zoning districts; land use definitions; permit requirement thresholds; building transparency measurement calculations; and general corrections. These changes will not result in any new substantial physical changes to the environment. Furthermore, any projects that result from these changes would be subject to the applicable level of environmental review in accordance with CEQA.

SECTION 4. Based upon the written findings set forth in section 3 of this Resolution, the commission hereby recommends City Council approval of:
(a) Proposed Zoning Ordinance Amendment contained in the att ached Exhibit "A." PC ITEM NO.: A
FILE NO.: OA2024-001
PC DATE: 12/ 11/2024
S:\Planning\PC Meetings\PC-2024\24-12-11\ltem A- Zoning Ordinance Amendments\2 OA2024-001 PC Resolution 2024-12-11.docx

SECTION 5. The record of proceedings shall be located at the Community Development Department and the director of community development shall be the custodian of such documents.

PASSED AND ADOPTED this 11th day of December 2024.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

Don GREVE/ George KENNEDY/ Chris MATTHEWS/ Shashi
PAUL/ Rheonna REESE/ Jasmine SINGH / Tina WERBLIN
Nooe
None
None
if EORGf KENE DY, Chair
ATTEST:

L
PC ITEM NO.: A
PC FILE NO.: OA2024-001
PC DATE: 12/ 11/ 2024
PAGE 2
S:\Planning\PC Meetings\PC-2024\24-12-11 \Item A- Zoning Ordinance Amendments\2 OA2024-001 PC Resolution 2024-12-11.docx

EXHIBIT A
DRAFT

CITY OF FAIRFIELD

ORDINANCE NO. 2024-___

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I OF THE FAIRFIELD CITY CODE, ALSO KNOWN AS THE ZONING ORDINANCE, TO REVISE AND CREATE NEW LAND USE DEFINITIONS;

UPDATE LAND USE AND DEVELOPMENT REGULATIONS FOR SEVERAL ZONING DISTRICTS; REMOVE REFERENCES TO THE FORMER DOWNTOWN COMMERCIAL CORE (CDC) DISTRICT IN THE TRAIN STATION SPECIFIC PLAN PD OVERLAY DISTRICT; ADJUST

PERMIT REQUIREMENT THRESHOLDS FOR SINGLE-FAMILY RESIDENTIAL DEVELOPMENTS; AND CREATE NEW MEASUREMENT REGULATIONS TO CALCULATE BUILDING TRANSPARENCY.

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

SECTION 1. Statement of Intent

A. On April 20, 1999, t he City Council adopted an updated Zoning Ordinance and Zoning Map to ensure consistency between the Zoning Ordinance and the General Plan.

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

C. On December 11 , 2024 , the Planning Commission was presented with the revisions to the Zoning Ordinance, as contained herein, and after holding a duly noticed public hearing, voted to recommend that the council approve the proposed revisions.

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

SECTION 2. Chapter 25, Article I, Section 25.20 Residential Zoning Districts, Section

25.20.3 Development Regulations, Table 25 -4 is hereby amended to (1) delete the carwash area parking requirement and (2) delete the private exterior storage requirement of 100 cubic feet per unit, as follows:

EXHIBIT A
DRAFT ORD. NO. 2024-___

Table 25-4: Multifamily Residential Development Regulations Regulations Zoning District
Applicable
Sections and
Footnotes
(all figures are
minimums measured
from property line
and in linear feet,
unless otherwise
indicated) RLM RM RH RVH
Site Planning
Density range
(maximum dwelling
units per acre)
up to 8 8-15 15-22 22-32

Lot dimensions
(minimum for new
subdivision)

Area (acres) 1 3 3 3 Section 25.10.5 (F)
Width/depth
(feet)
150/150 200/200 200/200 200/200
Parking Note 1
Studio/efficiency 1 space per unit
One bedroom 1.5 spaces per unit
Two or more
bedrooms
2 spaces per unit
Visitor Rental Projects: 1 space for each seven units
Ownership Units: 1 space for each four units
Car wash area Required
Landscaping Section 25.20.4.8 (C)
Street trees (one
tree for each ...)
25 feet of street frontage Note 2
Tree density, on-
site (number per sq.
ft. of landscape area)
1 tree for each 325 square feet of landscape area
Note 3
Minimum depth of
interior property line
landscaping (feet)
5 Note 4
Recreation amenities Section 25.20.4.8 (B)
Major (e.g., pool,
recreation building,
tennis court, etc.)
Requirements based on number of
dwellings in project
Minor (tot lot,
BBQ/picnic area,
volleyball court, etc.)
Open space Section 25.20.4.8
(A)
Private open space
per unit, sq. ft.
120/60 80/48 Note 5

EXHIBIT A
DRAFT ORD. NO. 2024-___

Table 25-4: Multifamily Residential Development Regulations Regulations Zoning District
Applicable
Sections and
Footnotes
(all figures are
minimums measured
from property line
and in linear feet,
unless otherwise
indicated) RLM RM RH RVH
(ground floor/upper
story unit)
Common open
space (percent of net
parcel area)
50% 45% 40% 35%

Laundry facilities Private or common facilities required Storage space
(private, exterior
area per unit)
100 cubic feet

Trash enclosures for
garage and
recyclable materials
Required
Section 25.30.7

SECTION 3. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts , Section

25.22.2 Allowed Uses and Permit Requirements, Table 25 -9 is hereby amended to (1) delete “Commercial recreation” as a land use; (2) add “Commercial recreation: major” as a conditionally permitted use in the CN District, CS District, CT District, CC District, and CR District; (3) add “Commercial recreation: minor” as a conditionally permitted use in the CN District and CS District, and a permitted use in the CT District, CC District, and CR District; (4) delete “Dwelling, single family detached” as a conditi onally permitted use in the CN District, CO District, CT District, and CC District ; (5) add Section 25 .22.4.3.B.4 to the Additional Regulations column next to “Duplex”, “Duet”, and “Dwelling, multi-family”; and (6) revise Note 3 to state that residential-only projects are allowed in the CM District, as follows:

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

Entertainment and Recreation Related
Adult entertainment business - - P P - - - Section

25.32.2 Bingo Hall C - C C C C Section

12.201
Athletic club P C - P P C -
Fitness Studio P P C P P P

EXHIBIT A
DRAFT ORD. NO. 2024-___

P Use Permitted
Table 25-9: Commercial District
Land Use Regulations
C Conditional Use Permit
- Not permitted
Use CN CO CS CT CC CR CM
Additional
Regulations
Campground - - C - - C -
Commercial recreation C - C P P C -
Commercial recreation: major C - C C C C -
Commercial recreation: minor C - C P P P -
Stadium or arena - - C C C C -
Theater (indoor) - - - P P P -
Theater (outdoor) - - C C C C -

Residential

(Note 11)
Accessory dwelling units Section 25.20.4.11
Boarding houses, large C C - C C - C
Boarding houses, small C C - C C - C
Adult Day Care Facility - C - C C - P
Assisted Living Facility C C - C C - C
Duplex
C C - C C - P Note 3
Section

25.22.4.3.B.4
Duet
C - - C C - P Note 3
Section

25.22.4.3.B.4
Dwelling, multi-family
C C - C C - P Note 3
Section

25.22.4.3.B.4
Dwelling, single family detached C C - C C - C Note 3
Family day care homes - - - - - - P
Community Care Facility-Residential - C - C C - P
Single Room Occupancy Housing - - - C - - P Sec.

25.22.4.5 Notes:

(1) In the CS zone district, a Conditional Use Permit (CUP) is required for retail sales when the sale of products is a primary use. A CUP is not required for retail sales that occur as an ancillary or accessory use, such as the sale of items associated with a repair or service business, or the sale of products produced, repaired, or refurbished on-site.

(2) A Conditional Use Permit shall be required for any specialty food or beverage market selling alcohol.

(3) Residential land uses shall only be allowed in conjunction with a commercial land use on the same property, except in the CM zoning district where purely residential projects can be allowed. Residential-only projects are allowed in the CM District.

EXHIBIT A
DRAFT ORD. NO. 2024-___

(4) Conditional Use Permit approval shall be required for any automobile or vehicle sales or leasing in any multitenant building.

(5) Major repair use is also permitted as an ancillary use to vehicle sales dealerships which occupy sites of greater than one acre.

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

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

(8) All auto repair shall be conducted within an enclosed building or in a rear or side yard behind a solid masonry wall. No work shall occur in parking lots or driveways.

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

(10) Vehicle sales in the CS District shall involve no outdoor sales lot. All vehicle sales shall occur within an enclosed showroom.

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

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

(13) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as defined in Chapter 10E of the Fairfield Municipal Code. The distance measured shall be the horizontal distance measured in a straight line from the property line of the parcel with the sensitive use to the closest property line of the lot on which the cannabis business is located.

SECTION 4. Chapter 25, Article I, Section 25.22 Commercial Zoning Districts , Section

25.22.4.3 Mixed -Use Residential Development Regulations is hereby amended to (1) delete Section 25.22.4.3.B.4. Ground Floor Residential uses.; (2) create minimum commercial requirements for integrated centers and standalone parcels under a new Section 25.22.4.3.B.4; (3) create minimum building transparency requirements for mixed- use development projects, as follows:

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

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

EXHIBIT A
DRAFT ORD. NO. 2024-___

Commission determines that commercial activity integrated into the mixed -use project would effectively serve as common open space.

2. Parking. The residential portion of any mixed-use development project shall provide one space per unit, irrespective of the number of bedrooms within individual units, in addition to the parking that the City would normally require for commercial portion of the project:

3. Projects with residential and commercial buildings not physically connected. The residential portion of any mixed -use development project in which the proposed commercial building is physically separated from the proposed residential building shall comply with the development regulations contained in Table 25-6: Alternative Multifamily Development Regulations, with the exception of the minimum lot area and parking requirements identified by Table 25 -6. Instead, the minimum lot area specified in Table 25-10 for the respective zone in which the project is proposed shall apply and the parking regulations identified in the Parking section above shall apply.

4. Ground Floor Residential uses. For all buildings facing an arterial public street, no more than 50% of the occupied frontage façade on the ground floor facing the street shall be devoted to a residential use. Residential uses may occupy 100% of the ground floor frontage facing any local or collector street, parking area, or landscaped area.

4. Minimum Commercial Uses. Projects shall include commercial uses as follows:

a. Individual Parcels. For buildings that face an arterial road, 100 percent of the ground floor façade that faces the arterial road and 20 percent of the floor area for the ground floor shall be designed for commercial occupancy independent of the residential use.

A minimum of 10 percent of the combined first floor square footage of all other buildings on the parcel shall be designed for commercial uses independent of residential uses. This commercial space may be in any building on the parcel.

b. Master Planned Centers. Unless designed as a master planned project that includes residential uses, all parcels in a mixed -use development project must contain commercial uses. Commercial uses shall occupy a minimum of 50 percent of ground floor space in a master planned center.

The Planning Commission shall have the ability to reduce or waive the requirement for commercial uses in any project where the Commission determines that the recreational amenities integrated into the mixed -use project are publicly accessible and would effectively serve as commercial uses.

5. Minimum Building Transparency. For buildings that face a public street, the street - facing ground floor shall have a minimum transparency of 50 percent for the Thoroughfare Commercial (CT) District, Community Commercial (CC) District, and Neighborhood Commercial (CN) District, and 30 pe rcent for the Office Commercial

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(CO) District. The Planning Commission shall have the ability to reduce or waive the requirement for building transparency where the Commission determines that the building façade has a high-quality design.

C. Housing Accountability Act. For the purposes of zoning compliance with the Housing Accountability Act under Government Code Section 65589.5, projects shall comply with the objective development standards for mixed-use development.

SECTION 5. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.2 Allowed Uses and Permit Requirements, Table 25-H1 is hereby amended to (1) delete “Commercial recreation” as a land use; (2) add “Commercial recreation:
major” as a conditionally permitted use in the HD District: Ground and Upper Floors, HDC District: Ground and Upper Floors, and HWT District ; (3) add “Commercial recreation:
minor” as a conditionally permitted use in the HD District: Ground and Upper Floors, HDC District: Ground and Upper Floors, and HWT District; (4) add “Personal care and domestic services – Limited” as a conditionally permitted use in the HD District; (5) create a “Note 20” that prohibits outdoor commercial recreation activities and add “Note 20” to the Additional Regulations column next to “Commercial recreation: major” and “Commercial recreation: minor ”; (6) create a “Note 21” that prohibits “Personal care and domestic services – Limited” uses are not permitted on the ground floor for any parcels fronting Texas Street in the HD District; and (7) create a “Note 22” that prohibits “Service station” uses from being located within 1,600 feet of existing service stations in the HWT District, and add “Note 2 2” to the Additional Regulations column next to “Service station” , as follows:

Table 25-1: Heart of Fairfield Land Use Regulations

P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Entertainment and Recreation Related
Adult entertainment
business
- - - - - - - - -
Bingo Hall - - - - - - - - -
Athletic club - P - P - P - - -
Fitness Studio P P - P C P C - C

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P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Campground - - - - - - - - -
Commercial recreation C C C C - C - - -
Commercial recreation:
major
C C C C - C - - - Note 20
Commercial recreation:
minor
C C C C - C - - - Note 20
Stadium or arena - - - - - - - - -
Theater (indoor) P P P P - P - - -
Theater (outdoor) C C C C - C - - -

General Services
Auction (indoor) - - - - - P - - -
Auction (outdoor) - - - - - - - - -
Bed and breakfast inn C C - C C P P P -
Business support
services

C P C C P P P - -
Equipment rental
(outdoor)
- - - - - - - - -
Equipment rental
(indoor)

P P C P P P P - -
Funeral and interment
services
- - - - C P - - -
Hotel C C P P - P - - - Sec.

25.22.4.2 Motel - - - - - - - - -
Hotel, Extended Stay C C P P - P - - - Sec.

25.22.4.2 Motel, Extended Stay - - - - - - - - - Maintenance & repair,
machinery & small
engine
- - - - - C - - - Note 15
Maintenance & repair,
personal and household
items

P P P P P P P - P

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P Use Permitted
Table 25-H1: Heart of Fairfield Land Use Regulations C Conditional Use Permit - Not permitted
Heart of Fairfield Zoning District
Use
HD HDC HO HWT HTD HR HPF Additional
Regulations
Ground Upper Ground Upper
All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7
Note
13 Mini-storage - - - - - - - - -
Personal care and
domestic services
P P C P P P P - P Note 8
Note 19
Personal care and
domestic services -
Limited
C C - - - P - - - Sec.

25.32.16 Note 21
Tattoo Parlor - P - P P P P - -
Collection Containers - - - - - - - - -
Recycling collection
facility - small
- - - - - - - - - Sec.

25.22.32.7 Vehicle Sales and Service
Automobile and truck
rental
- - - - - - - - -
Automobile and vehicle
major repair
- - - - - - - - -
Automobile
maintenance and minor
repair
- - - - - - - - -

Large truck and
machinery - sales and
leasing
- - - - - - - - -

Recreational vehicle,
boats, trailer sales
- - - - - - - - -
Service station - - - - - C - - - Note 4
Note 22
Vehicle, accessory
equipment sales
- - - - - - - - -
Vehicle sales - antique
and collector
- - - - - - - - -
Vehicle sales (greater
than one acre)
- - - - - - - - -
Vehicle sales (less than
one acre)
- - - - - - - - -
Vehicle storage or
impound yard
- - - - - - - - - Note 5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600 ) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as defin ed in Chapter 10E of the Fairfield Municipal Code. The distance measured shall be the horizontal distance measured in a straight line from the property line of the parcel with the sensitive use to the closest property line of the lot on which the cannabis business is located.

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

(20) Permanent outdoor commercial recreation activities are prohibited.

(21) “Personal care and domestic services – Limited” uses are not permitted on the ground floor for any parcels fronting Texas Street in the HD District.

(22) Service station uses in the HWT District shall not be permitted within a 1,600-foot radius of existing service stations.

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SECTION 6. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25-H2 is hereby amended to (1) add Section 25.28.3 to the Sections and Footnotes column next to Parking; (2) replace the commercial parking requirements for the HD District and HDC District in the “Number of spaces required” row; and (3) clarify off-site parking allowances and add that proof of authorization is required to use a private parcel or public facility for parking under Note 3, as follows:

Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings

Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings Regulations
(all figures are
minimums
measured from
property lines and in
linear feet, unless
otherwise indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD

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

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

25.28.3 and 25.34 1
space per 1,000
square feet
See Section 25.34 See Section 25.28.3
and 25.34
See Section 25.34

Private surface lot
location and access
Rear or side only.

No access from
Texas Street.

Rear or side only Rear or side only Rear or side only
Landscaping

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

Notes:

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

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

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

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

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

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

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

(8) In the HWT Zone, an additional 1' of setback shall be provided for each 1' of building height over 20', up to 40' maximum setback.

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

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

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SECTION 7. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25 -H3 is hereby amended to clarify off-site parking allowances and add that proof of authorization is required to use a private parcel or public facility for parking under Note 2, as follows:

Table 25-H3: Development Regulations for Multifamily Buildings

Notes:

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

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

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

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

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

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

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

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

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

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

SECTION 8. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25-H4 is hereby amended to (1) add Note 4 and Section 25.28.3 to the Sections and Footnotes column next to Parking; (2) replace the commercial parking requirements for the HD District and HDC District in the “Number of spaces required” row; and (3) clarify off-site parking allowances and add that proof of authorization is required to use a private parcel or public facility for parking under Note 4, as follows:

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Table 25-H4: Development Regulations for Mixed Use

Table 25-H4: Development Regulations for Mixed Use
(Properties with a Mixture of Residential and Commercial Development) (all figures are
minimums
measured from
property lines and
in linear feet, unless
otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD

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

Width N/A 50' 50' 50'
Depth N/A 150' 150' 150'
Floor Area Ratio 3.0 2.0 0.6 3.0 Note 1
Multifamily Housing-
Where Permitted
Not permitted on
first floor of Texas
Street
No restrictions No restrictions No restrictions
Commercial
Buildings-Where
Permitted
No restrictions Commercial
buildings permitted
only on parcels with
West Texas Street
and Beck Avenue
access
No restrictions No restrictions
Parking Note 4
See Section 25.28.3
Number of spaces
required-residential
1 space per unit 1 space per unit 1 space per unit 1 space per unit Note 4 Number of spaces
required-
commercial
See Section 25.28.3,
Section 25.34 1
space per 1,000
square feet
Section 25.34 See Section 25.28.3,
Section 25.34
Section 25.34
Private surface lot
location and access
Rear or side only;
no access from
Texas Street
Rear or side only
Open Space and
Recreational
Amenities

Common open
space (as percentage
of net parcel area)
0% 25% 25% 0% Note 9, Note 10

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Table 25-H4: Development Regulations for Mixed Use
(Properties with a Mixture of Residential and Commercial Development) (all figures are
minimums
measured from
property lines and
in linear feet, unless
otherwise
indicated) HD/HDC HWT HO HTD
Sections and
Footnotes
Heart of Fairfield
Land Use
Designation CD-CDC MU-WTS MU-O MU-TOD
Private open
space (ground
floor/upper floor in
square feet)
48 Buildings fronting
West Texas Street:
48; other streets:
80/48
80/48 48
Recreational
amenities
Required See Section

25.20.4.8(B)
Landscaping Note 2, Note 3, Note
9 Depth @ street
frontage
4' 10' 8' 5' Note 9
Depth @ interior
property line
0' 5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or
land use
0' 5' 5' 5'
Street tree
spacing (one tree for
each ...)
30' 30' 30' 30'
Laundry Facilities Required
Storage Space
(private area per
unit)
100 cubic feet per unit
Trash Enclosures
(including
recyclables)
Required Section 25.30.7

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

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

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

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

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

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

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

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

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

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

SECTION 9. Chapter 25, Article I, Section 25.23 Heart of Fairfield Plan Zoning Districts, Section 25.23.3 General Development Regulations, Table 25-H5 is hereby amended to (1) increase the density for the HWT District to 48 units per gross developable acre; (2) increase the density for the HO District and HR District to 35 units per gross developable acre; (3) correct a typo in the On Site Space per Dwelling row; (4) revise Note 2 so that the required minimum uncovered dimension for private open space is 8 feet instea d of 10 feet; and ( 5) amend Note 5 so that the required minimum uncovered dimension for private open space is 5 feet instead of 8 feet, as follows:

Table 25-H5: Development Regulations for Single Family Homes

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

Site Planning
Lot Area No Minimum No Minimum No Minimum
Lot Dimensions
Width 25' interior, 35' corner 25' interior, 35' corner 25' interior, 35' corner Note 6 Depth As required to provide
private open space
As required to provide
private open space
As required to provide
private open space

Location of Home (Street
Frontage)
Any location except
fronting on West Texas
Street
Any location Any location

Density 8 - 15 48 8 - 15 35 8 - 15 35
Parking

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Table 25-H5: Development Regulations for Single Family Homes (all figures are minimums
measured from property
lines and in linear feet
unless otherwise
indicated) HWT HO HR
Sections and
Footnotes
Heart of Fairfield Land Use
Designation MU-WTS MU-OCD RM-D
On Site Space per
Dwelling
For units larger than 960 square feet: 1 covered, 1 uncovered parking space.

For units smaller than 960 square feet: 1 uncovered space

Off-Site Space per
Dwelling (Includes on-
street parking)
1 uncovered. Second
uncovered off-site
space may replace on-
site space
1 uncovered. Second
uncovered off-site
space may replace on-
site space
1 uncovered. Second
uncovered off-site
space may replace on-
site space
Note 1
Driveway Widths-
Maximum Percentage
50% 50% 50%
Open Space and
Recreational Amenities

Private Open Space 280 square feet 280 square feet 280 square feet Notes 2, 5

Common Open Space
(Subdivisions with 20 or
more units)
5% of net subdivision
area
5% of net subdivision
area
5% of net subdivision
area

Landscaping Note 3
Depth @ street frontage 10' 8' 8'
Depth @ interior
property line
5'; 0' if side building
setback is 0'
5' 5'

Depth adjacent to
residential zone or land
use
5' 5' 5'
Street tree spacing (one
tree for each ...)
30' 30' 30'
Residential Waste
Collection and Storage
For new subdivisons with street frontage, project shall provide 12 linear feet per unit on street for toter placement.

Alternatively, residential waste can be disposed of in a shared receptacle (dumpster or bin) contained within an approved trash enclosure that meets City of Fairfield standards
Note 7
Alley Development

Single Family Dwellings
Fronting on Alley
Permitted?
With a Conditional Use Permit Note 3

Notes:

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

(2) Required private open space shall not be located in the required front yard setback, and shall have a minimum uncovere d dimension of 10 8 feet. Partially covered or enclosed rear yard areas shall be allowed to be counted towards 50% of the required open space as long as they are completely open to the rear yard on a minimum of two sides.

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

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

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

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

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

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

SECTION 10. Chapter 25, Article I, Section 25.28 Overlay Zoning Districts , Section

25.28.7.K.D.2.B.3(e)(f) is hereby amended to replace references to the former Downtown Commercial Core (CDC) District in the Train Station Specific Plan PD Overlay District as follows:

3. Development Regulations. For areas designated as follows on Figure 1 -2 of the Specific Plan:

e. Community Commercial: Development shall occur subject to the requirements of CDC HDC and CN Zoning Districts except as modified by this Specific Plan.

f. Commercial Mixed Use: Development shall occur subject to the requirements of the Zoning Ordinance for the CM, CDC HDC and CN Zoning Districts except as modified by this Specific Plan.

SECTION 11. Chapter 25, Article I, Section 25.30 General Development Re gulations, Section 25.30.2 Fences, Walls, and Hedges is hereby amended to revise Figure 25 -4:

Allowed Fences in the Street Side Yard to replace all visual references for 6-foot-high fences to 7 feet, as follows:

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Figure 25-4: Allowed Fences in the Street Side Yard

SECTION 12. Chapter 25, Article I Section 25.34 Parking and Loading is hereby amended to (1) clarify that no additional parking is required for accessory dwelling units or junior accessory dwelling units under Table 25 -7: Parking Spaces Required by Land Use in Section 25.34.4 Number of Parking Spaces Required and (2) add provisions under Section

25.34.5 Adjustments to Off-Street Parking Requirements to clarify that off-street parking is not required for eligible projects that are within a half -mile of public transit under Government Code Section 65863.2, as follows:

Table 25-7: Parking Spaces Required by Land Use

Table 25-17: Parking Spaces Required by Land Use (cont.) Use Minimum Parking Required Applicable Sections

Residential Accessory Uses and Improvements

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Table 25-17: Parking Spaces Required by Land Use (cont.) Use Minimum Parking Required Applicable Sections
Accessory dwelling units
1 space for efficiency or one bedroom
unit, 2 spaces for unit with two or more
bedrooms.

No additional parking shall be required.

See §25.20.4.11.
§25.20.4.11
Common area uses and facilities As determined by review authority Subdivision sales trailer, temporary on-site Note 1 above (following Agriculture) Subdivision model homes 2 spaces per model for subdivisions with 75 or more lots

Section 25.34.4 Number of Parking Spaces Required

D. Projects within one-half mile of a public transit stop. Projects that are located within one-half mile of a public transit stop, as defined in Public Resources Code Section 21155, shall not be subject to off-street parking requirements, if they meet the criteria set forth in Government Code Section 65863.2.

SECTION 13. Chapter 25, Article I, Section 25.40 Permits, Section 25.40.4, Table 25-18 is hereby amended to (1) remove “(tract housing)” from the Single family detached row; (2) add Note 5 to the Applicable Sections & Notes column next to “…11 or more units” rows under Single family detached and Single family attached; (3) strike Note 5 from the Applicable Sections & Notes column next to Multifamily; (4) delete Note 5 entirely from the Notes section; and create a new Note 5 indicating that Minor Development Review is required for single -family residential developments that have a minimum density of 12 units per gross developable acre for Heart of Fairfield Plan zoning districts, as follows:

Table 25-18: Development Permit Requirements

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

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

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Table 25-18: Development Permit Requirements

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

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

... 1 to 10
units
- - - X -
... 11 or more
units
- - - - X Note 1
Note 5
Single family
attached:

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

... single family
detached or
attached lot

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

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Table 25-18: Development Permit Requirements

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

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

... Minor - - X - -
... Major - - - X -
... Demolition - - - - X
Model home
complex
- - X - -

Notes:

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

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

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

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

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

(5) Single-family residential developments involving a minimum residential density of 12 units per gross developable acre within Heart of Fairfield Plan zoning districts require Minor Development Review.

SECTION 14. Chapter 25, Article I, Section 25.50 Definitions of Terms and Phrases , Section 25.50.2 Land Use Definitions is hereby amended to revise, delete, and add the following definitions:

A. Land use definitions, “A”.

Alternative Financial Services. “Alternative Financial Service” shall mean a use, other than a State or Federally chartered bank, credit union, mortgage lender, savings and loan association, or industrial loan company, that offers deferred deposit transaction

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services or check cashing services and loans for payment of a percentage fee. The term “Alternative Financial Service” includes, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing services or businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. “Alternative Financial Service” also includes establishments that purchase goods from clients, such as cash for gold, plasma centers, and similar businesses, and “Check Cashing Service” as defined in Fairfield Municipal Code Section 25.50. Non -profit financial institutions are not encompassed by the term “Alternative Financial Service.” The term “Alternative Financial Service” does not include retail sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks for a minimum fee, not exceeding five percent, as a service to its customers that is incidental to its main purpose or business.

C. Land use definitions, “C”.

Commercial Recreation. A commercial establishment that provides recreation and entertainment to customers that participate in games, sports, or other recreation activities. This classification includes the following uses:

ice or roller skating rinks laser tag facilities
bowling alleys miniature or golf driving range
billiard hall pinball arcade or electronic game center
having four or more game machines
dance hall

This classification does not include race tracks, stadiums, and outdoor arenas.

Commercial Recreation: Minor. A commercial establishment having 50,000 square feet or less that provides indoor recreation and entertainment to customers that participate in games, sports, or other recreation activities. This classification includes the following uses and similar activities:

billiard hall
bowling alleys
dance hall
ice or roller skating rinks
pinball arcade or electronic game center having four or more game machines

This classification does not include race-tracks, stadiums, and outdoor arenas.

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Commercial Recreation: Major. A commercial establishment that provides recreation and entertainment to customers that participate in intensive games, sports, or other recreational activities. This classification includes the following uses and similar activities:

airsoft shooting range
axe or knife throwing
go-kart racing or bumper cars
outdoor miniature or golf driving range
paintball
smash or rage rooms

This classification does not include firearm or archery ranges, stadiums, or outdoor arenas.

P. Land use definitions, “P”.

Parking Facility, Non -residential. A parcel, or portion thereof, used or designed for daily storage of motor vehicles as the principal land use on the parcel. This classification does not include the storage of motor vehicles that are under repair or have just completed repair or impound.

Pet Stores and Pet Supplies. An establishment primarily engaged in the retail sales of domestic animals, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals, such as horses, goats, sheep, and poultry. This use also includes the retail sale of pet food and supplies, including merchandise. Veterinary services during normal business hours and/or grooming, training, and other services to small animals with no overnight boarding are permitted as accessory uses.

T. Land use definitions, “T”.

Tattoo Parlor or Shop. An establishment engaged primarily in the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture skin. This classification also includes establishments that offer body-piercing services.

SECTION 15. Chapter 25, Article I, Section 25.5 1 Measurements is hereby amended to create a new Section 25.51.6 Measuring Building Transparency, as follows:

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25.51.6 Measuring Building Transparency

A. Building Transparency. Building transparency shall be the percentage of the vertical surface area of ground floor and upper floor walls along the building frontage that is constructed with transparent materials, measured from finished floor to finished ceiling. This includes windows, transparent glazing, transoms, and doors.

Figure 25-14: Building Transparency

SECTION 16. This Ordinance shall be effective 30 days following its adoption by the council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the ___ day of _________________, 2025, and

PASSED AND ADOPTED this ___ day of _________________, 2025, by the following vote:

AYES: Councilmembers: MOY / BERTANI / CARR /PANDURO / TONNESEN/ MANVEER /

WILLIAMS

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

MAYOR

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ATTEST:

_________________________

CITY CLERK

STAFF REPORT
Meeting
Date: December 11, 2024
To: Chairperson and Members of the Planning Commission
From: Community Development Department
Subject: ITEM A: ZONING ORDINANCE AMENDMENTS
Resolution No. PC2024 -13
Ordinance Amendment (OA2024-001)
Location: Fairfield Citywide
Applicant: City of Fairfield
Owner: N/A
Public hearing on the request by the City of Fairfield for Zoning Ordinance amendments to revise and create new land use definitions; update land use and development regulations for several zoning districts; remove references to the former Downtown Commercial Core (CDC) District in the Train Station Specific Plan PD Overlay District; adjust the development permit requirement thresholds for single-family residential developments; and create new measurement regulations to calculate building transparency. The proposed Zoning Ordinance amendments have been deemed categorically exempt from the California Environmental Quality Act (CEQA) per Section 15305: Minor Alterations in Land Use Limitations. (Planner: Jonathan Atkinson, 707-428-7387, [email protected])

BACKGROUND
Staff periodically finds it necessary to revise the Zoning Ordinance. Revisions are typically proposed to address new issues, correct typographical errors, make minor organizational revisions, clarify language, incorporate amendments that implement city policy and practice, implement General Plan goals, objectives, and policies, and to comply with State law. Staff proposes Zoning Ordinance amendments as shown in the following section.

The Planning Commission serves as an advisory body to the City Council for legislative actions, such as Zoning Ordinance amendments. The Commission will be asked to recommend these amendments to the City Council.

City of Fairfield
Community Development Department
Prepared by: J 1'
Reviewed by:U'

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ZONING ORDINANCE AMENDMENTS

Land Use Definitions

• Alternative Financial Services : Businesses that primarily offer services including but not limited to deferred deposit transaction (payday loans), check cashing, or motor vehicle title lenders who offer a short -term loan secured by the motor vehicle title are classified as a “Alternative Financial Services” use under Zoning Ordinance Section 25.50.2.A . This use excludes State or Federally chartered bank, credit union, mortgage lender, savings and loan association, or industrial loan company businesses. Staff recommends that the definition for this use be amended to also include establishments that purchase goods from clients, such as cash for gold, plasma centers, and similar businesses.

• Commercial Recreation: Major and Minor: Staff recommends the creation of new definitions to differentiate establishments that involve intensive commercial recreational activities from less intensive activities . Uses to be considered as more intensive would be defined as “Commercial Recreation: Major” . These include but are not limited to paintball and airsoft guns, axe-throwing, and smash or rage rooms . This definition would also include any indoor commercial recreation establishment that is 50,000 square feet or greater. Other uses would be classified as “Commercial Recreation: Minor”.

• Parking Facility, Non-Residential: Non-residential parking facilities, such as surface parking lots and parking garages, are a regulated land use , and defined under Zoning Ordinance Section 25.50.2.P. Staff recommends that the definition be amended to clarify that this land use does not allow for the storage of vehicles tha t are under repair or have just completed repair or impound.

• Pet Stores and Pet Supplies: Pet stores and pet supplies are a regulated land use in the City’s commercial and Heart of Fairfield (HOF) Plan zoning districts. However, the Zoning Ordinance does not contain a definition for pet stores and pet supplies. Staff recommends the creation of a definition under Zoning Ordinance Section 25.50.2.P to appropriately classify this type of business and enhance the usability of the Zoning Ordinance.

• Tattoo Parlor or Shop: Tattoo shops are a regulated land use in the City’s commercial and HOF Plan zoning districts . However, the Zoning Ordinance does not contain a definition for tattoo shops. Staff recommends the creation of a definition under Zoning Ordinance Section

25.50.2.T to appropriately classify this type of business and enhance the usability of the Zoning Ordinance.

Land Use Regulations

• Commercial Recreation: Major and Minor : Staff recommends regulating “Commercial Recreation: Major” uses as follows in commercial zoning districts: Conditionally permitted in

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the Neighborhood Commercial (CN) District, Service Commercial (CS) District, Thoroughfare Commercial (CT) District, Community Commercial (CC) District, and Regional Commercial (CR) District; and prohibited in the Office Commercial (CO) District and Mixed Commercial (CM) District. This use would be regulated as follows in H OF Plan zoning districts: Conditionally permitted in the Downtown (HD) District (Ground and Upper Floors), Downtown Core (HDC) District (Ground and Upper Floors), and West Texas Street (HWT) District; and prohibited in the Mixed Use Office (HO) District, Transit-Oriented Development (HTD) District, Residential (HR) District, and Public Facilities-Transit (HPF) District.

Staff recommends regulating “Commercial Recreation: Minor” uses as follows in commercial zoning districts: Permitted by right in the CT District, CC District, and CR District; conditionally permitted in the CN District and CS District; and prohibited in the CO District and CM District.

This use would be regulated as follows in H OF Plan zoning districts: Conditionally permitted in the HD District (Ground and Upper Floors), HDC District (Ground and Upper Floors), and HWT District; and prohibited in the HO District, HTD District, HR District, and HPF District.

Staff also recommends prohibiting permanent outdoor recreational activities in the Heart of Fairfield zoning districts.

• Mixed-Use Development: Land Use Regulations : Staff recommends adding “Section

25.22.4.3.B.4” to the Additional Regulations column next to “Duplex”, “Duet”, and “Dwelling, multi-family” in Zoning Ordinance Table 25 -9 to clarify minimum commercial use requirements for mixed -use developments. Staff also recommends revising Note 3 to state that residential -only projects are allowed in the CM District . New minimum commercial requirements for mixed -use developments are discussed in the Development Regulations section of the staff report.

• Personal Care and Domestic Services – Limited: Staff recommends permitting this use in the HD District with a Use Permit and a prohibition on Texas Street. This would create a pathway for there to be a self-service laundry mat in the HD District, which can be a beneficial amenity for a vibrant downtown.

• Service Stations in the HWT District: Service stations are permitted in the HWT District with a Use Permit. There are currently four existing service stations along Texas Street and West Texas Street from Pennsylvania Avenue to 5 th Street. Staff recommends the creation of a 1,600-foot separation requirement for new service stations in the HWT District under Zoning Ordinance Table 25-H1.

• Single-Family Residential Uses in Commercial Districts: On August 28, 2024, the Commission advised staff during a study session that single -family dwellings are not appropriate as part of a mixed-use development (in commercial zoning districts) . Staff recommends prohibiting detached single-family dwellings in the CN District, CO District, CT District, and CC District.

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Development Regulations

• Multifamily Residential Standards : Staff recommends the following amendments for multifamily residential developments under Zoning Ordinance Table 25-4:

▪ Car Wash Parking Space: Eliminate the requirement for a car wash area.

▪ Exterior Storage: Eliminate the requirement for exterior storage space of 100 cubic feet.

• Fences in Street Side Yard Figures : Staff recommends amending all three exhibits under Zoning Ordinance Figure 25 -4 to clarify that under, existing regulations, seven feet is the maximum fence height for the street side yard scenarios depicted for single-family residential properties.

• Heart of Fairfield Plan Zoning Districts : Staff recommends the following amendments for development regulations for the HOF Plan zoning districts:

▪ Commercial Parking Requirements in Downtown Fairfield: Require one parking space per 1,000 square feet for commercial uses in Downtown Fairfield, specifically the HD District and HDC District . This change to downtown parking requirements aligns with Strategy

5.14.b of the HOF Plan. Staff recommends that Zoning Ordinance Tables 25-H2 and 25-H4 be amended to include this required parking ratio for commercial uses in the HD District and HDC District. For properties in the Downtown Area Parking (P1) Overlay District, new parking would typically not be required.

▪ Offsite Parking Allowance Clarification: The HOF Plan zoning districts allow 50 percent of required parking to be provided on -street within 300 feet of the parcel line , and the remaining 50 percent to be provided on any private parcel or public parking facility within 750 feet of the parcel line. Staff recommends that Zoning Ordinance Tables 25-H2, 25-H3, and 25-H4 be amended to simp lify the offsite parking allowance by clarifying that proof of authorization is required to use a private parcel or public facility for parking.

▪ Private Open Space Requirements for Single -Family Residential : Staff recommends reducing private open space requirements for single -family residential developments as follows: Amend Note 2 of Zoning Ordinance Table 25 -H5 so that the required minimum uncovered dimension is 8 feet instead of 10 feet; and amend Note 5 so that the required minimum dimension is 5 feet instead of 8 feet.

▪ Residential Density Allowances: Zoning Ordinance Table 25 -H5 establishes a required density range of 8-15 units per gross acre for the following HOF Plan zoning districts: HWT District, HO District, and HR District. The HOF Plan allows maximum densities of 48 units per gross acre for Mixed Use West Texas Street (MU -WTS) designation and 35 units per gross acre for the Mixed Use Office (MU-O) and Medium Density Residential – Downtown

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(RM-D) designations. Staff recommends that Zoning Ordinance Table 25-H5 be amended to align with the maximum permitted density allowance in the HOF Plan.

▪ Typographical Error : Staff recommends amending Zoning Ordinance Table 25 -H5 to correct a misspelled word regarding onsite parking requirements for single -family residences.

• Mixed-Use Development Standards: Staff recommends the following amendments to mixed- use development standards under Zoning Ordinance Section 25.22.4.3 based on Planning Commission direction during study sessions on April 10, 2024, May 1, 2024, and August 28, 2024:

▪ Commercial Thresholds : Establish minimum commercial thresholds for mixed -use development projects that are standalone parcels and/or part of a master planned center to ensure the provision of adequate commercial space. Include a provision that allows the Commission to reduce or waive this requirement where the Commission determines that the recreational amenities integrated into the mixed -use project are publicly accessible and would effectively serve as commercial uses.

▪ Building Transparency: Establish minimum transparency requirements to ensure an active building-streetscape interface for mixed -use developments. Transparency is defined as vertical surfaces constructed with transparent materials, such as glass windows or storefronts. Include a provision that allows the Commission to reduce or waive this requirement where the Commission determines that the building façade has a high - quality design.

▪ Housing Accountability Act: Because the Commission has the authority to reduce or waive certain development regulations for mixed-use developments, staff recommends adding a provision to Zoning Ordinance Section 25.22.4.3 that a project must comply with objective development regulations to determine zoning compliance under the Housing Accountability Act.

• Parking: Staff recommends the following amendments under Zoning Ordinance Section

25.34: Parking and Loading:

▪ Accessory Dwelling Unit Parking Standards : Amend Zoning Ordinance Table 25 -17 to clarify that no additional parking is required for either an ADU or a JADU. This amendment would align Zoning Ordinance Table 25-17 with Zoning Ordinance Section 25.20.4.11.C.4 and would implement State law.

▪ Public Transportation Parking Exemption: Amend Zoning Ordinance Section 25.34.5:

Adjustments to Off -Street Parking Requirements to include parking exemptions for