Agenda, first session — Fairfield City Council, February 3, 2026 (part 1 of 2)

CITY OF FAIRFIELD

CITY COUNCIL

MEETING AGENDA

Tuesday, February 3, 2026, 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 Roku City of Fairfield, Xfinity Channel 26, AT&T U-Verse Channel 99, and web streamed live at www.youtube.com/FFCATV. The public may join the meeting via Zoom at: https://fairfield.ca.gov/zoomcitycouncil or via phone (408) 638-0968, Webinar ID: 814 7538 5275, 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 - Julien Daniels of Troop 8482
D. PLEDGE OF ALLEGIANCE - Ship 8317 Color Guard
E. COUNCIL REPORTS
F. CITY MANAGER'S REPORT
G. CITY ATTORNEY'S REPORT
G.1 Workers Compensation Matters of Richard Williams v. City of Fairfield Settlement in Workers Compensation matters of Richard Williams v. City of Fairfield, Workers Compensation Appeals Board cases ADJ10729538.

ADJ10743170, ADJ10748770, ADJ7981607, and ADJ7981608 (Award made 01/15/26).

H. CITY CLERK'S REPORT
I. PRESENTATIONS
I.1 Proclamation Declaring Scouting Day Presented by Mayor Catherine "Cat" Moy I.2 Proclamation and Poem Declaring Black History Month Presented by Vice Mayor Pam Bertani 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.

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Recommended Action:

To approve the consent calendar.

K.1 Ordinance 2026-01 CD Housing Element Compliance 6
Second Reading of Ordinance 2026-01 Amending Chapter 25, Article I, Section

25.12.3 of the Fairfield Municipal Code (Also Known as Zoning Map Adopted) to Rezone (ZC2025-0006) to the Following Seven Parcels: (1) 3066 Travis Boulevard (APN: 0152-280-140) from Community Commercial District to Mixed Commercial District; (2) APN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From Office Commercial District to Mixed Commercial District; (3) APN: 0027-370-300 at Mangels Boulevard and Suisun Valley Road, from Office Commercial District to Mixed Commercial District; (4) APN: 0027-360-070 at Campus Lane and Suisun Valley Road from Industrial Business Park District to Residential Very High Density District; (5) APN: 0038-221-010 At East Tabor Avenue And Railroad Avenue From Residential High Density District to Residential Very High Density District; (6) APN: 0034-050-320 at Heath Drive and Peach Tree Drive, from Residential High Density District to Residential Very High Density District; (7) 1351 East Tabor Avenue (APN: 0037-010-120) from Residential High Density District to Residential Very High Density District; And Amending Various Sections of Chapter 25, Article I, Also Known as The Zoning Ordinance, to Implement the 2023-2031 Housing Element
Funding Source: N/A
Contact: Vicrim Chima, (707) 428-7446
Recommended Action:

Provide second reading and adopt Ordinance 2026-01.

K.2 Resolution 2026-19 PW Offsite Sewer Agreement County Asset Protection Project
73 Authorizing the City Manager to Execute an Improvement Agreement for the Solano County Downtown Fairfield Justice Campus Off-Site Sanitary Sewer Improvements
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017
Recommended Action:

Adopt resolution.

K.3 Resolution 2026-20 PW Submission of Grant Applications for Vanden Road and New Canon Road
97 Authorizing the Submission of Grant Applications to Federal and State Agencies for the Vanden Road Widening (Jepson Parkway Phase 2B and 2C) and New Canon Road Overcrossing Projects
Funding Source: N/A
Contact: Ryan Panganiban, (707) 428-7017

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Recommended Action:

Adopt resolution.

K.4 Resolution 2026-21 PW Lee Bell Prefabricated Award 103 Approving the Plans and Specifications Awarding the Lee Bell Prefabricated Restroom Project to Globe Engineering Development and Authorizing an Update to the 2025-2026 Budget
Funding Source: $267,000; Parks Capital Project Fund
Contact: Marisa Cumpian, (707) 428-7494
Recommended Action:

Adopt resolution.

L. NEW BUSINESS
L.1 Resolution 2026-10 CD North Texas Street Revitalization Program 121 Approving and Authorizing the Funding and Adoption of the North Texas Street Revitalization Program
Funding Source: $400,000; Intragovernmental Loan Fund
Contact: Dave Zellers, (707) 428-7436
Recommended Action:

Adopt resolution.

L.2 Resolution 2026-11 PR Naming Rights 133
Declaring Application Period is Open for Solicitation of Naming Rights for Two City-Owned Facilities - the Fairfield Center for Creative Arts and the Golf Range at Paradise Valley Golf Course
Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
Recommended Action:

Adopt resolution.

L.3 Resolution 2026-12 HR Authorizing and Adopting Changes to City Manager’s Compensation and Benefits
142
Authorizing Changes to the Terms and Conditions of City Manager’s Compensation & Benefits to Maintain Alignment with Series 100 Executive Management-Represented Classifications
Funding Source: $9,252; General Fund
Contact: Farbod Pirouzmand (707) 428-7397
Recommended Action:

Adopt resolution.

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M. PUBLIC HEARINGS
M.1 Ordinance 2026-02 PW Amending Section 16.4.1 of Chapter 16 to Remove the Prohibition on Micro-Trenching
164
Amending Section 16.4.1 of the Municipal Code Regarding Street and Sidewalk to Remove the Prohibition on Micro-Trenching and Finding the Adoption of the Ordinance to Be Exempt from Review under the California Environmental Quality Act
Funding Source: N/A
Contact: Thomas Martian, (707) 249-1224
Recommended Action:

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

N. ADJOURN
ADJOURN TO TUESDAY, FEBRUARY 17, 2026, 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, January 28, 2026.

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Agenda Item No: K.1

AGENDA REPORT
DATE: February 3, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-01 CD Housing Element Compliance

Second Reading of Ordinance 2026 -01 Amending Chapter 25, Article I, Section 25.12.3 of the Fairfield Municipal Code (Also Known as Zoning Map Adopted) to Rezone (ZC2025 -0006) to the Following Seven Parcels: (1) 3066 Travis Boulevard (APN: 0152 -280-140) from Community Commercial District to Mixed Commercial District; (2) APN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From Office Commercial District to Mixed Commercial District; (3) APN:
0027-370-300 at Mangels Boulevard and Suisun Valley Road, from Office Commercial District to Mixed Commercial District; (4) APN: 0027-360-070 at Campus Lane and Suisun Valley Road from Industrial Business Park District to Residential Very High Density District; (5) APN: 0038 -221-010 At East Tabor Avenue And Railroad Avenue From Residential High Density Dis trict to Residential Very High Density District; (6) APN: 0034 -050-320 at Heath Drive and Peach Tree Drive, from Residential High Density District to Residential Very High Density District; (7) 1351 East Tabor Avenue (APN: 0037 -010-120) from Residential Hi gh Density District to Residential Very High Density District; And Amending Various Sections of Chapter 25, Article I, Also Known as The Zoning Ordinance, to Implement the 2023-2031 Housing Element

Funding Source: N/A

Contact: Vicrim Chima, (707) 428-7446

RECOMMENDED ACTION
Provide second reading and adopt Ordinance 2026-01.

STATEMENT OF ISSUE
Conduct a second reading and adopt an ordinance amending the Zoning Ordinance, including zoning text and map amendments, to implement the 2023–2031 Housing Element. The ordinance includes rezoning seven sites and updating zoning regulations in response to state -adopted legislation intended to address the statewide housing shortage.

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The recommended action before the City Council is adoption o f the zoning text and map amendments to ensure compliance with applicable State law requirements. This action does not affect projects that have already been approved by the City.

DISCUSSION
Housing Element 2023-2031 Implementation
Every eight years, California jurisdictions are required by State law to update their General Plan Housing Element, which addresses a range of housing-related topics, including an assessment of the City’s ability to accommodate its assigned share of regional housing need allocation (RHNA).

As part of this process, jurisdictions must demonstrate to the California Department of Housing and Community Development (HCD) that they have adequate development capacity to accommodate a specific number of residential units citywide at all income levels. These income levels include extremely low, very low, low, moderate, and above moderate. The required number of units for each income category is determined using a standardized method developed by the Association of Bay Area Governments (ABAG) and assigned to local jurisdictions.

On February 7, 2023, the City of Fairfield adopted its 2023–2031 General Plan Housing Element.

While Fairfield’s existing zoning and General Plan designations meet HCD standards for moderate and above -moderate income levels, additional zoning and land use changes are needed to provide sufficient capacity for low, very low, and extremely low -income housing. On December 16, 2025, the City received correspondence from HCD reminding jurisdictions o f the statutory requirement to implement Housing Element programs, including required rezoning actions, within three years of Housing Element adoption (see Attachment 4).

HCD also requires local jurisdictions to remove regulatory barriers and streamline t he state environmental review process to help facilitate the construction of residential development across a range of income levels and housing types. Consistent with these requirements, a comprehensive set of zoning text amendments are proposed to implem ent the 2023–2031 Housing Element Housing Action Plan . These amendments align zoning densities with General Plan land use designations; reduce minimum lot size s and establish objective standards to support small-lot and infill development; and provide ministerial and by-right approval pathways for qualifying housing projects in accordance with State law. Additional changes expand opportunities for affordable, efficient, farmworker, supportive, emergency, and special -needs housing; and remove parking and other regulatory constraints for residential care and similar facilities.

A more detailed and comprehensive analysis of the City’s RHNA obligations, the seven re zoning sites, and the proposed zoning text amendments can be found in the attached Planning Commission staff reports from November 12, 2025 (Attachment 5), and December 10, 2025 (Attachment 6) hearings.

FINANCIAL IMPACT
N/A

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PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Public engagement has been an ongoing component of the City’s Housing Element efforts. During preparation of the 2023–2031 Housing Element, the City conducted extensive outreach, utilizing a variety of engagement strategies including a proje ct website and e -blasts, stakeholder interviews, focus groups, online surveys, and community workshops. Multiple public comment periods were held in 2022 and 2023, including hearings before the Planning Commission and City Council, and all comments received were addressed in the adopted Housing Element.

The Planning Commission initially reviewed the proposed Zoning Ordinance and Map changes at its November 12, 2025, hearing. During the discussion, Commissioners raised questions regarding supportive housing, specifically whether state law requires supportive housing to be permitted in all residential and mixed-use zones, and which projects qualify for the streamlined permitting processes. To allow staff time to address these questions, the hearing was contin ued to a date certain, December 10, 2025. The Public Hearing Notice for the November 12, 2025, meeting was published in the Daily Republic on October 22, 2025, and notices were sent to 496 property owners within a 500-foot radius of the seven subject sites.

At the continued December 10, 2025, Planning Commission meeting staff, the project consultant, and legal counsel, reviewed the states legislation, and developed and presented a series of updates that meet the state criteria, particularly as it relates t o transitional and supportive housing, while retaining as much local authority as possible to regulate specific types of uses in zoning districts where housing is already allowed. The Planning Commission unanimously approved resolution PC2025-09 recommending that the City Council adopt the proposed actions.

The council item, originally scheduled for December 16, 2025, was also continued to January 20, 2026, to accommodate the Planning Commission hearing continuation. The Public Hearing Notice for the City Council meeting was published in the Daily Republic on November 12, 2025, with the same 496 property owners notified.

The council held a public hearing for the item on January 20, 2026, and moved to introduce and approve the first reading of the Proposed Ordinance. As of the writing of this staff report, the staff has not received any subsequent correspondence on the project.

ALTERNATIVE ACTION
The council may choose to deny any or all the requests and not adopt the ordinance. The council may also direct staff to make changes to the proposed actions. In any of these instances, the 2023-2031 Housing Element implementation, as proposed, would not proceed. There is a February 7, 2026, deadline for adopting the required rezones to comply with state law. If an alternative action is chosen by the council, the city will likely miss the state mandated deadline to complete these changes.

Jurisdictions that do not comply with these mandates are also at risk of invalidation of the General Plan, loss of eligibility for state funding, not only related to housing, but for the services and infrastructure that accompany housing development, referral to the California Office of the

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Attorney General, court -imposed financial penalties, and the possible loss of local land us e authority to a court-appointed agent.

STAFF CONTACT
Vicrim Chima, Senior Planner
(707) 428-7446
[email protected]

ATTACHMENTS
Attachment 2: Proposed Ordinance
Attachment 3: Exhibit A - Zoning Map Amendments
Attachment 4: HCD Letter of Inquiry, date December 16, 2025 Attachment 5: Planning Commission November 12 Staff Report Attachment 6: Planning Commission December 10 Staff Report Attachment 7: Planning Commission Resolution PC2025-09

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CITY OF FAIRFIELD

ORDINANCE NO. 2026-01

AMENDING CHAPTER 25, ARTICLE I, SECTION 25.12.3 OF THE FAIRFIELD MUNICIPAL CODE (ALSO KNOWN AS ZONING MAP ADOPTED) TO REZONE (ZC2025-0006) TO THE FOLLOWING SEVEN PARCELS: (1) 3066 TRAVIS BOULEVARD (APN: 0152-280-140) FROM COMMUNITY COMMERCIAL DISTRICT TO MIXED COMMERCIAL DISTRICT; (2) APN: 0027-370-280 AT

WESTAMERICA DRIVE AND SUISUN VALLEY ROAD FROM OFFICE COMMERCIAL DISTRICT TO MIXED COMMERCIAL DISTRICT; (3) APN: 0027-370-300 AT MANGELS BOULEVARD AND

SUISUN VALLEY ROAD, FROM OFFICE COMMERCIAL DISTRICT TO MIXED COMMERCIAL DISTRICT; (4) APN: 0027-360-070 AT CAMPUS LANE AND SUISUN VALLEY ROAD FROM INDUSTRIAL BUSINESS PARK DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; (5) APN: 0038-221-010 AT EAST TABOR AVENUE AND RAILROAD AVENUE FROM RESIDENTIAL HIGH DENSITY DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; (6) APN: 0034-050- 320 AT HEATH DRIVE AND PEACH TREE DRIVE, FROM RESIDENTIAL HIGH DENSITY DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; (7) 1351 EAST TABOR AVENUE (APN: 0037-010- 120) FROM RESIDENTIAL HIGH DENSITY DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; AND AMENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE, TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT

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

SECTION 1. Statement of Intent

A. On February 7, 2023, the 2023 -2031 General Plan Housing Element was adopted by the Fairfield City Council.

B. On April 10, 2023, the Calif ornia Department of Housing and Community Development (HCD) sent the City of Fairfield a letter indicating that the 2023 -2031 Housing Element was in substantial compliance and met statutory requirements.

C. The implementation of the 2023 -2031 Housing El ement requires amendments to the Fairfield Municipal Code (FMC), Zoning Map, and General Plan Land Use Designation Map to fulfill rezoning requirements, ensure state law compliance, and support a wider range of housing options, including adding incentives and streamlin ing review for infill and affordable housing, reducing development barriers to certain kinds of housing, establishing by -right approval for qualifying projects, and incorporating standards for efficiency, special-needs, and farmworker housing.

D. On November 12, 2025, the Planning Commission was presented with the proposed Zoning Ordinance Amendments and Map Changes (ZC2025 -0006) and General Plan Amendment (GPA2025 -0003), and after holding a noticed public hearing, voted to

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continue the hea ring to December 10, 2025, to allow for additional review and deliberation.

E. On December 10, 2025, the Planning Commission was presented with revisions to the Zoning Ordinance Amendments (ZC2025 -0006), and after holding a noticed public hearing, voted to recommend City Council to approve the Amendments, Zoning Map Changes, and General Plan Amendment (GPA2025-0003).

F. 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 is hereby modified to the Fairfield City Code, also known as the City of Fairfield Zoning Map, is hereby amended as shown on Sectional Zoning Map (ZC2025 -0006) attached hereto as Exhibit A.

SECTION 3. Chapter 25, Article 1, Section 25.20 Residential Zoning Districts is hereby amended to modify zoning densities in Section 25.20.1 and Section 25.20.3.1: General Development Regulations, Table 25-4: Multifamily Development Regulations for consistency with land use designations adopted in the 2024 General Plan Update, as follows:

25.20.1 Description of Residential Zoning Districts
This Section provides land use and development regulations applicable to the residential zoning districts established by Section 25.12.2 (Zoning Districts Established). Where a minimum lot size is required, a numerical suffix to the zoning district designation is shown on the Zoning District Map, e.g., RVL: 20 (20,000 square feet), RL:8 (8,000 square feet), or RLM: 4.5 (4,500 square feet).

The purposes of the individual residential zoning districts are as follows:

…

D. RM (Residential, Medium Density) District. The RM zoning district is intended for areas of low density attached housing, such as duet, duplex, triplex, and four -plex units, townhouses, and condominiums. The RM district also accommoda tes innovative small -lot single -family dwellings and various forms of attached units consistent with Section 25.20.3.3 (Alternative Multifamily Development Regulations). The allowable density range is 108 to 185 dwelling units per gross developable acre. Note that medium density neighborhoods in the Heart of Fairfield Plan Area have been zoned HR and are regulated in Section 25.23.

E. RH (Residential, High Density) District. The RH zoning district is intended for multifamily development such as apartments and condominiums. RH zoned properties are located along major collector and arterial roads, adjacent to neighborhood -serving land uses such as grocery stores, and near employment centers. The allowable density range is 195 to 252 dwelling units per gross developable acre.

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F. RVH (Residential, Very High Density) District. The RVH zoning district is intended for very high-density multifamily development. The primary land uses include apartments, condominiums, and senior housing projects. To achieve the density range, three and four story structures would be typical. RVH districts are typically located near transit stations or employment centers. Note that very high density areas in the Heart of Fairfield Plan A rea have been zoned HTD and are regulated under Section 25.23 of this Ordinance. Few properties in the City are zoned RVH, so allowed non -residential uses are restricted to preserve sites for multifamily housing. The allowable density range is 2 62 to 4032 dwelling units per gross developable acre, with higher densities allowed in the HTD zoning district. (Ord. No. 2017 -14, §

6.)

…

25.20.3.1 General Development Regulations
…

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 98 810-185 195-252 262-4032

Lot dimensions
(minimum for new
subdivision)

…

Table 25-5: RLM, RM and RH Small Lot Development Regulations Regulations
Applicable
Sections and Footnotes
(all figures are minimums measured from
property line and in linear feet, unless
otherwise indicated) RLM, RM and RH Zoning Districts
Site Planning
Maximum Density (dwelling units per
acre)

4.5 to 98 du/ac in RLM
108 to 185 du/ac in RM
195 to 252 du/ac in RH

…

SECTION 4. Chapter 25, Article 1, Section 25.20 Residential Zoning Districts, Table 25 -1:

Residential Land Use Designations, is hereby amended to (1) delete “Community care facilities - Residential” and replace with “Residential care facilities, small” and “Residential care facilities, large”, with “Residential care facilities, small” permitted in all residential zones, and “Residential care facilities, large” as a conditionally permitted use in the RM, RH, and RVH districts; (2) add “Transitional housing” with use specified in “Notes”; (3) add “Supportive housing (50 units or

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fewer)” and “Supportive housing (more than 50 units)” with uses specified in “Notes”; (4) add “Efficiency units” as a permitted use in the RM, RH, and RVH zones; (5) add “Farm employee housing, small” as a permitted use in the RVL, RL, and RLM zones, and as a conditionally permitted use in the RM, RH, and RVH zones; (6) amend “Note (2)” to clarify that transitional and residential care facilities, small shall be regulated as residential uses; (7) add “Note (3)” to clarify supportive housing (50 units or fewer) m ust meet state criteria and is permitted in all zones that allow multifamily and/or mixed -use developments; (8) add “Note (4)” to clarify supportive housing (over 50 units) is subject to the same underlying zoning district standards and development procedures as any residential project; (9) add “Note (5)” specifying ministerial review for certain 2023-2031 Housing Element Sites; ( 10) add “Note (6) ” to refer to Small Lot Development exceptions; and (11) add “Note (7)” to specify that employee housing for six or fewer employees shall constitute and be regulated as a single-family use, as follows:

P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required - Not permitted
Zoning District Additional
Regulations Uses RVL RL RLM RM RH RVH

Residential Land Uses
Boarding houses, large - - - C C C §25.32.12
Boarding houses, small P P P P P P §25.32.12
Community care facilities - Residential P P P P P P Note 1 Residential care facilities, small P P P P P P Note 1, 2; §25.32.23 Residential care facilities, large - - - C C C Note 1, §25.32.24 Transitional Housing Note 2; §25.32.25
Supportive housing (50 units or fewer) Note 2, 3, §25.32.22 Supportive housing (more than 50 units) Note 2, 4, §25.32.22 Assisted Living Facility - C C P P P
Duplex - C P P P -
Duet - - P P P -
Dwelling, multifamily (townhouses, condos,
apartments)
- - C P P P Note 5
§25.20.4.8
Efficiency Units - - - P P P
Dwellings, single family detached P P P C C - Note 6, §25.20.3.5 Farm employee housing, small P P P C C C Note 7
Mobile home parks C C C C C C §25.20.4.7

Residential Accessory Uses and Improvements
Accessory dwelling units and junior
accessory dwelling units
Section 25.20.4.11
Accessory structures and improvements P P P P P P §25.20.4.1, Note 82 Animal, fowl and bee keeping (non-
commercial)
P P P P P P Note 93, Ch. 3
Family day care homes P P P P P P
Garage conversions P P P P P P §25.20.4.3
Garage and estate sales P P P P P P §25.20.4.4
Home occupations P P P P P P §25.20.4.5
Subdivision model homes P P P P P P §25.20.4.12

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Subdivision sales trailers, temporary on-site P P P P P P §25.20.4.12

Education and Training Uses (non-residential land uses) Child day care center C C C P P P §25.20.4.9
Adult day care - small (9 or fewer clients) P P P P P P Note 1, §25.20.4.9 Adult day care - large (10 or more clients) C C C P P P Note 1, §25.20.4.9 Museum, library, or gallery C C C P P - §25.20.4.9 School - Personal and Social Development - - - C C C §25.20.4.9 School - college and university C C C C C - §25.20.4.9 School - elementary and secondary (private) C C C C C - §25.20.4.9 School - elementary and secondary (public) P P P P P P Note 104, §25.20.4.9

General and Health Services (non-residential land uses) Mini-storage: Exterior - - - - - -
Mini-storage: Interior - - - - - -
Nursing home C C C P P - §25.20.4.9

Offices (non-residential land uses)
Office, Administrative, business, and
professional
- - - C C - §25.20.4.9
Office, Government P P P P P P Note 104, §25.20.4.9 Office, Medical and dental - - - C C - §25.20.4.9 Office, Property management P P P P P P §25.20.4.9

Public, Quasi-public, and Assembly Uses (non-residential land uses) Church or other place of worship P P P P P - §25.20.4.9, Table 25- 17 Community center C C C C C - §25.20.4.9
Park, playground P P P P P P
Public safety facility P P P P P P Note 104
Utilities, Public or Quasi-public - major C C C C C C Note 104 Utilities, Public or Quasi-public - minor P P P P P P Note 104

Temporary and Other Uses
Agriculture, extensive P P P P P P
Temporary uses and events See Section 25.32.8

Transportation and Communication Uses (non-residential land uses) Antenna or communication facility (non-
residential)
C C C C C C §25.20.4.9
Parking facility, non-residential - - C C C - §25.20.4.9 P Permitted use
Table 25-1: Residential District Land Use Regulations C Conditional Use Permit required - Not permitted
Zoning District Additional
Regulations Uses RVL RL RLM RM RH RVH

Residential Land Uses
Boarding houses, large - - - C C C §25.32.12
Boarding houses, small P P P P P P §25.32.12
Community care facilities - Residential P P P P P P Note 1 Assisted Living Facility - C C P P P
Duplex - C P P P -

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Duet - - P P P -
Dwelling, multifamily (townhouses, condos,
apartments)
- - C P P P §25.20.4.8
Dwellings, single family detached P P P C C -
Mobile home parks C C C C C C §25.20.4.7

General and Health Services (non-residential land uses) Mini-storage: Exterior - - - - - -
Mini-storage: Interior - - - - - -
Nursing home C C C P P - §25.20.4.9

Temporary and Other Uses
Agriculture, extensive P P P P P P
Temporary uses and events See Section 25.32.8

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Notes:
(1) No licensed community care facility shall be located within 300 feet of any other community care facility.

(26) Transitional housing, Supportive housing, and Residential care facilities, small are not regulated as separate land use s. Rather, they are identified in the land use table to establish their residential occupancy (e.g., single -family detached, duplex, or multifamily complex). For development purposes, these uses shall comply with all the standards applicable to the project site’s underlying zoning district. 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.

(3) Supportive housing (50 units or fewer) that meets the criteria under Government Code Section 65651 (defined in §25.33.22) is permitted by -right in all zones that allow multifamily dwellings and mixed uses.

(4) Supportive housing (more than 50 units) shall comply with all the development standards applicable to the project site’s underlying zoning district and follow the entitlement procedures that apply to other comparable multifamily residential projects.

(5) Pursuant to Government Code Section 65583.2(i), the following projects are subject only to ministerial review to determine compliance with the City’s adopted objective design standards, and no discretionary design review shall be required:
 Any proposed residential development on sites previously identified in Fairfield’s 5th Cycle General Plan 2023-2031 Housing Element Sites Inventory (e.g., APNs 0038221010 and 0037010120).
 Any project with owner -occupied or rental multifamily developments identified in the 2023-2031 Housing Element Sites Inventory, Table B, in which 20 percent or more of the units are affordable to lower income households.

(6) See exceptions per Section 25.20.3.5

(7) Employee housing (including farm employee housing) for six or fewer employees in a single-family dwelling shall be deemed a single -family use and treated the same as any other single-family dwelling in zoning districts where single -family dwellings are permitted.

Establishing employee housing in an existing residence does not constitute a change in occupancy for purposes of local building codes and shall not be subject to any fees beyond those

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applied to comparable single -family dwellings in the same zone . Farm employee housing of more than six units is subject to the regulations in Section 25.32.20.

(82) Includes any accessory use or improvement that is customarily incidental to a single family residence such as detached garages, gazebos, sheds, animal enclosures, cabanas, carports, greenhouses, spas, studios, tennis courts, workshops, and other similar structures.

(93) See Chapter 3 of City Code for types and number of permitted animals.

(104) City regulations, standards, and design guideline s 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.

(115) Repealed by Ord. No. 2021-14.

SECTION 5. Chapter 25, Article 1, Section 25.20 Residential Zoning Districts is hereby amended to add new section 25.20.3.5 Small Home Lot Developments in the Fairfield City Code to read as follows:

25.20.3.5 Small Home Lot Developments

A. Purpose. This section establishes objective standards and regulations to govern the subdivision of parcels and the development of qualified small home lot developments in accordance with Government Code Sections 65852.28, 65913.4.5, and 66499.41.

B. Applicability. Only parcels located within the following zones are eligible for small home lot development permits:

1. RLM (Residential, Low Medium Density; including those with numerical suffixes) District

2. RM (Residential, Medium Density) District

3. RH (Residential, High Density) District

4. RVH (Residential, Very High Density) District

C. Site Criteria. Further, an applicant applying for a small home lot development permit must meet the following criteria:

1. The proposed project is for single-family housing units on fee simple ownership lots.

2. Residential properties within a radius of 500 feet of the site must be zoned for less than 30 dwelling units per acre.

3. The proposed site is not identified in the General Plan Housing Element as a site to accommodate any portion of Fairfield’s regional housing need for low-income or very low income households.

D. Prohibitions. A small home lot development is not allowed where it would require the demolition or alteration of any of the following types of housing:

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1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control.

3. Housing that an owner has not rented or leased or within the preceding 15 years.

4. Housing that has been occupied by a tenant in the last seven years.

E. Design and Development Standards. The standards of the base zon ing district apply, except as modified by this section.

1. Building and Design.
a. Roof decks are prohibited.
b. Each unit must have a separate utility connection.
c. All electrical and utility services shall be undergrounded. d. If an adjoining residential property has a rooftop solar energy system, the applicant shall submit a shadow study prepared by a California-licensed engineer or California- licensed architect demonstrating that the shadow of any proposed development shall not cover more than ten percent of the area of the rooftop solar energy system.

2. Maximum Floor Area. Average total floor area of all units shall not exceed 1,750 square feet.

3. Maximum Lot Size. 5 acres.

4. Open Space. At least 250 square feet of common or private open space shall be provided on the ground level for use by residents. Driveways and other vehicular access areas and walkways shall not count toward the open space requirement.

5. Parking. Required parking does not need to be enclosed or covered.

6. Setbacks.
a. Minimum requirement for building separation shall be determined by standards in Chapter 5 City of Fairfield Building and Housing Code of this Municipal Code. b. All portions of the dwelling unit, including eaves, awnings, sills, cornices, chimneys, overhangs and other projections, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design but in no case closer than 36 inches to the interior lot line.

SECTION 6. Chapter 25, Article 1, Section 25.22 Commercial Zoning Districts , Table 25 -9:

Commercial District Land Use Regulations is hereby amended to (1) add “Low Barrier Navigation Centers“ as a permitted use in the CN, CO, CT, CC, and CM zones; (2) delete “Community care facilities- Residential” and replace with “Residential care facilities, small”, with “Residential care facilities, small” permitted in CN, CO, CT, CC, and CM zones; (3) add “Transitional housing” with

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use specified in the “Notes” ; (4) add “Supportive housing (50 units or fewer)” and “Supportive housing (more th an 50 units)” with uses specified in the “Notes”; (5) “Efficiency units” as a permitted use in the CN, CO, CT, CC, and CM zones, and as a conditionally permitted use in the CT zone; (6) amend “Note (12)” to clarify that “Transitional housing”, “Supportive housing”, and “Residential care facilities, small” shall be regulated as residential uses; (7) “Note (13)” to clarify supportive housing (50 units or fewer) must meet state criteria and is permitted in all zones that allow multifamily and/or mixed -use deve lopments; (8) add “Note (1 4)” to clarify supportive housing (over 50 units) is subject to the same underlying zoning district standards and development procedures as any residential project; (9) add Note (4) specifying ministerial review for certain 2023-2031 Housing Element Sites 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

General Retail
New merchandise sales-less than 80,000 square feet P P C P P P C Note 1 New merchandise sales-greater than 80,000 square feet - - C C C C - Antique, jewelry and collectibles shop P P - P P P - Sec. 25.22.4.6 Apparel and shoes P P - P P P P Sec. 25.22.4.6
Automobile Parts and Accessories P C P P P P -
Building and landscape material sales - - P C C C - Commercial Cannabis Business, Retail - - P P - P P Chapter 10E (Commercial
Cannabis
Business)
Notes 152,
163
Florist P P P P P P P Sec. 25.22.4.6
Furniture, fixtures, and appliance sales - P P P P P - Sec. 25.22.4.6 Market, convenience C - C C C C - Note 2
Market, grocery or supermarket P - - P P C -
Music Shop P P - P P P P Sec. 25.22.4.6
Market, specialty food and beverage P - - P P P C Note 2 Pawn shop - - - P P - -
Pet Stores and Pet Supplies P C C P P P -
Photo, Video, Electronics P P - P P P C Sec. 25.22.4.6 Plant nursery - landscape C - P P P C -
Tobacco Sales (Specialty) and Smoke Shops C - - C C C C Sec. 25.22.4.7 Used merchandise sales - C - P P C -
Consignment Shop - P - P P C -

Education and Training
Child daycare center P C C P P C C
Museum, library, or gallery - P - P P C C
Personal instruction studio P P C P P C C
Reading room P P - P P - C
School, business - P P P P C C

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School, college or university (private) - C - C C C - School, Personal and Social Development P P P P P C C School, elementary and secondary (private) C C - C C - C School, vocational - - P P C C -

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

25.32.2 Bingo Hall C - C C C C Section

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

Food Service
Bar - C - C C C -
Catering services - P P P P - C
Food and beverage sales P P P P P P C
Restaurant, counter service P P P P P P C
Restaurant, table service P P P P P P C
Tasting Room - C - P C P -
Drive-through sales (with any food service) C - - C C C - Section

25.22.4.1 Entertainment (with any food service) - C - C C C -

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

General Services
Auction (indoor) - - P P P C -
Auction (outdoor) - - P C C C -
Bed and breakfast inn C - - C C - -
Business support services - P P P P P -
Collection Containers - - P - - - - Sec 25.32.7B Equipment rental (indoor) C P P P P - -
Equipment rental (outdoor) - - P C C - -
Funeral and interment services - C - P P - C
Hotel/motel - C - - C C - Section

25.22.4.2 Hotel/motel, Extended Stay - C - - C C - Section

25.22.4.2

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Maintenance & repair, machinery & small engine - - P P C - - Maintenance & repair, personal and household items P P P P P - - Mini-storage: Exterior - - P - - - -
Mini-storage: Interior - - P - - - -
Personal care and domestic services P P C P P P C Note 10 9 Personal care and domestic services - Limited P P C P P P C Sec. 25.32.16 Tattoo Parlor or Shop P - C P P P C
Recycling collection facility - small C C P C C - -

Offices and Financial Services
Alternative Financial Services - - C C - - Sec. 25.22.4.8 Banks P P - P P P P
Bail bond service - P C P P - P
Coworking Space P P P P P P P
Offices, Administrative, business, and professional P P P P P P P Offices, Government - P P P P C C
Offices, Medical and dental P P P P P P P

Industry
Aquaculture - - C - - - - Sec. 25.32.15
Contractor’s yard - - P - - - -
Handicraft shop C C P P P - C Sec. 25.22.4.6
Industrial services - - P P - - -
Laboratory, processing - P P P P - C
Recycling Collection and Processing Facility - - C - - - - Sec. 25.24.4.2 Manufacturing and assembly - light - - C - - - - Wholesale, distribution, and storage - light - - P - - - -

Public, Quasi-public, and Assembly (see Note 3)
Auditorium or exhibition hall, public C C P P P C C Church or other place of worship P P P P P - P Table 25-17 Club, lodge, or meeting hall C C - P P - C
Community Center/Banquet Hall C C - C C C C
Low Barrier Navigation Center P P - P P - P Section

25.32.21 Homeless shelter - - C C C - C
Public safety facility P P P P P P P
Utilities, Public or quasi-public - major C C C C C C C Utilities, Public or quasi-public - minor P P P P P P P

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

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Dwelling, multi-family
C C - C C - P Note 3, Note
4 Section

25.22.4.3.B.4
Dwelling, single family detached - - - - - - C Note 3 Family day care homes - - - - - - P
Community Care Facility-Residential - C - C C - P Residential care facilities, small P P - P P - P Note 121 Transitional housing

Note 121
Supportive housing (50 units or fewer) Note 12, 13
§25.32.22
Supportive housing (more than 50 units) Note 12, 14
§25.32.22
Single Room Occupancy Housing - - - C - - P Sec. 25.22.4.5 Efficiency unit - - - C - - P

Temporary and Other Uses
Temporary uses and events P P P P P P P

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

Vehicle Sales and Service
Automobile and truck rental - C P P P C - Note 54 Automobile and vehicle major repair - - P C C C - Note 65, Note 98 Automobile maintenance and minor repair C - P P C C - Note 98 Large truck and machinery - sales and leasing - - P C - C - Recreational vehicle, boats, trailer sales - - P P C P - Service station C - P P C C - Note 76
Vehicle, accessory equipment sales - - P P P C - Vehicle sales - antique and collector - - C P P P - Notes 54, 87, 110
Vehicle sales (greater than one acre) - - C P P P - Notes 54, 87, 110
Vehicle sales (less than one acre) - - C P C C - Notes 54, 87, 110
Vehicle storage or impound yard - - C C - - -

Notes:
…
(4) Pursuant to Government Code Section 65583.2(i), the following projects are subject only to ministerial review to determine compliance with the City’s adopted objective design standards, and no discretionary design review shall be required:

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 Any proposed residential development on sites previously identified in Fairfield’s 6th Cycle General Plan 2023 -2031 Housing Element Sites Inventory (e.g., APNs 0038221010 and 0037010120).
 Any project with owner-occupied or rental multifamily developments identified in the 2023-2031 Housing Element Sites Inventory, Table B, in which 20 percent or more of the units are affordable to lower income households.

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

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

(67) 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.

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

(89) 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.

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

(1011) Vehicle sales in the CS District shall involve no outdoor sales lot. All vehicle sales shall occur within an enclosed showroom.

(12) Transitional housing, Supportive housing, and Residential care facilities, small are not regulated as separate land uses. Rather, they are identified in the land use table to establish their residential occupancy (e.g., single -family detached, duplex, or multifamily complex). For development purposes, these uses shall comply with all the standards applicable to the project site’s underlying zoning district. 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.

(13) Supportive housing (50 units or fewer) that meets the criteria unde r Government Code Section 65651 (defined in §25.33.22) is permitted by -right in all zones that allow multifamily dwellings and mixed uses.

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(14) Supportive housing (more than 50 units) shall comply with all the development standards applicable to the project site’s underlying zoning district and follow the entitlement procedures that apply to other comparable multifamily residential projects.

(154) 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.

(165) 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 existen ce 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.

(176) Under Government Code Section 65583.2(i), any mixed -use project located on a site listed in the 2023–2031 Housing Element Sites Inventory (Table B) that includes owner-occupied or rental multifamily housing, where 20 percent or more of the units are affordable to lower - income households, shall be subject only to ministerial review for compliance with the objective standards in this section. No discretionary design review shall be required.

(Ord. No. 2008-08, § 2; Ord. No. 2009-06, § 2; Ord. No. 2009-15, § 2; Ord. 2009-17, § 2; Ord. No. 2010-03, § 2; Ord. No. 2011-01, § 2; Ord. No. 2011-03, § 2; Ord. No. 2012-04, § 2; Ord. No. 2012- 15, § 2; Ord. No. 2013-03, § 3; Ord. No. 2013-04, § 3; Ord. No. 2013-18, § 2; Ord. No. 2014-03, § 2; Ord. No. 2015-05, §§ 2, 4; Ord. No. 2015-06, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-06, § 7; Ord. No. 2017-08, § 2; Ord. No. 2017-14, §§ 10, 11; Ord. No. 2019 -04 §§ 4, 5; Ord. No. 2020 -05, § 9; Ord. No. 2020-14, § 4; Ord. No. 2020-20, § 6; Ord. No. 2021-14, § 10; Ord. No. 2021-21, § 3; Ord. No. 2023-04, § 6; Ord. No. 2024-07, § 5; Ord. No. 2025-01, § 3.) …

SECTION 7. Chapter 25, Article 1, Section 25.22 Commercial Zoning Districts , Section

25.22.4.3 Mixed-Use Residential Development Regulations, is hereby amended to (1) add text establishing a minimum density of 20 dwelling units per acre in the CM zone and a procedure to waive this requirement provided the project site is not a Housing Element site, as follows:

25.22.4.3 Mixed-Use Residential Development Regulations This Section establishes allowable density and provides development regulations for mixed -use development projects incorporating residential and commercial uses in the Neighborhood Commercial (CN), Office Commercial (CO), Community Commercial (CC), Mixed C ommercial (CM), and Commercial Thoroughfare (CT) zoning districts. For the purpose of this Section, mixed- use development shall be defined as development of a site or building with two or more different land uses, including a combination of residential, of fice, retail, or entertainment in a single or

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physically integrated group of structures. When the director has determined that a project meets this definition, the following standards shall apply:

A. Density and intensity. The maximum permitted residential density for any mixed -use development project shall be 32 dwelling units per acre in the CO, CC, CM, and CT zoning districts and 20 dwelling units per acre in CN zoning district. The minimum density for mixed -use development projects in the CM zone shall be 20 dwelling units per acre.

To achieve this density, the maximum allowable floor area ratio (FAR) in the CN, CO, CC, CM, and CT zoning districts shall be increased to .85. The calculation of FAR shall not include the area covered by ground floor parking structures or any ground floor area devoted to parking.

The Director may approve a reduction below the minimum permitted residential density in the CM zoning district if all of the following findings are made:

1. The project site is not identified in the City’s General Plan Housing Element inventory of sites to accommodate the City’s Regional Housing Needs Allocation (RHNA); and

2. The proposed density is consistent with the General Plan. …

SECTION 8. Chapter 25, Art icle 1, Section 25.26 Agriculture and Public Benefit Zoning Districts, Table 25-23: Agriculture and Public Benefit District Land Use Designations, is hereby amended to (1) add “Farm employee housing, small” and “Farm employee housing, large” as a permitted use in the AG zone; and (2) amend Note (8) nomenclature, as follows:

P Use Permitted
Table 25-13: Agriculture and Public Benefit C Conditional Use Permit District Land Use Regulations (Continued) - Not permitted Zoning District Additional
Use AG OSC REC PF Regulations

Entertainment and Recreation Related (see Note 3)
Athletic Club - - C -
Campground - - C C
Equestrian facility C C P C
Firearm or archery range C - - C Note 4
Fish or game club C C - -
Golf course - - C P
Land preserve P P P P
Stadium or arena - - C P
Theater (indoor) - - P
Theater (outdoor) - - C P

Public, Quasi-public, and Assembly Uses (see Note 3)
Cemetery or mausoleum C - - P
Church or other place of worship - - - P Note 5

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Community center - - P P
Corporation yard - - - P
Park, playground P C P P
Public safety facility - - C P
Utilities, Public and quasi-public - major C C C C
Utilities, Public and quasi-public - minor P P P P

Health and Veterinary Services
Hospital - - - P

General Services
Funeral and interment services - - - C Note 6
Hotel and Motel C 25.22.4.2

Office and Financial Services (see Note 3)
Offices, Government - - - P

Residential
Child day care center - - - C
Dwelling, single family detached P - - - Note 7
Caretaker’s residence C C - C Note 9
Farm labor employee housing, small
PC - - - Note 8,
§25.32.20Note
8 Farm employee housing, large P - - - Note 8,
§25.32.20

Temporary and Other Uses
Animal kennel C - - -
Temporary uses See Section 25.32.8

Transportation and Communication (see Note 3)
Airport - - - C
Antenna or communication facility C C C C
Helipad C - C C
Heliport C - - C
Parking facility, non-residential - - P P
Transit station or terminal - - - P

Notes:
(1) Conditional Use Permit requirement shall be waived for properties designated Intensive Agriculture on the General Plan Map.

(2) Produce stands not exceeding 400 sq. ft. of floor area are allowed for the seasonal sale of agricultural products grown on-site.

(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.

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(4) In the Agricultural zoning district, a firearm/a rchery range shall only be allowed as an outdoor use.

(5) Churches permitted only as a secondary use in an existing facility or on parcels of less than ten acres.

(6) Funeral and interment services allowed only in conjunction with cemetery or mausoleum.

(7) Only one single -family dwelling is allowed per parcel. Refer to Table 25 -1 for RVL Residential Uses and Improvements.

(8) Farm labor employee housing in Agricultural Districts shall be subject to the same requirements as Agricultural uses.

(9) Use of a Caretaker’s residence as a residence can occur only in association with an active agricultural use.

(10) In the OSC (Open Space Conservation) Zoning District, educational and/or interpretative centers require a Conditional Use Permit when developed in association with a land preserve.

(Ord. No. 2008-08, § 2; Ord. No. 2009-15, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-08, § 2; Ord.

No. 2018-03, § 7.)

SECTION 9. Chapter 25, Division 3, Section 25.32 Specific Use Regulations, is hereby amended to add new sections defining specific use regulations for (1) Farm Employee Housing (Section 25.32.20); (2) Low Barrier Navigation Center (Section 25.32.21); (3) Supportive Housing (Section 25.32.22); (3) Residential Care Fac ilities, Small (Section 25.32.23); (4) Residential Care Facilities, Large (Section 25.32.24); and (5) Transitional Housing (Section 25.32.25), as follows:

25.32.20 Farm Employee Housing.

Farm Employee Housing (Farm Employee Housing, Small and Farm Employee Housing, Large) must be located, developed, and operated in compliance with the following standards, where allowed by the land use regulations for the agricultural or public benefit zoning district in Table 25-13.

A. Eligible facilities. Farm employee housing may consist of a variety of living quarters, dwelling units, group housing, tents, bunkhouses, recreational vehicles, mobile homes, or other housing designed and maintained for use by eligible farm employees for temporary or seasonal residency or permanent residency. Farm employee housing does not include a hotel, motel, inn, tourist hotel, multiple-family dwelling, or single-family homes where the housing is offered and rented to nonagricultural employees on the same terms as to farm employees, the owner of the housing is not an agricultural employer, or the housing is classified as

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“employee community housing” under the California Health and Safety Code Section 17005.5 and is owned by a public entity or is privately owned by a qualified nonprofi t entity and has been granted an exemption under Health and Safety Code Section 17031.3.

B. Streamlined review. Small farm employee housing, consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or ho usehold on a site in an Agricultural Zone or Open Space Zone, is a permitted agricultural use and only requires a Zoning Clearance under Section 25.40.2 to confirm that the standards of this Section and other applicable requirements of this Title are met. Large farm employee housing requires Site Approval by the Planning Commission; however, the time limits for review and approval, established in Section 17021.8 of the California Health and Safety Code apply.

C. Limits on location. No farm employee housing shall be allowed in the following locations:

1. Within 75 feet of barns, pens, or structures housing livestock or poultry;

2. Within 50 feet of a Residential zoning district;

3. On wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

4. Within a very high or high fire hazard severity zone, as determined by the California Department of Forestry and Fire Protection;

5. On a hazardous waste site, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;

6. Within a delineated earthquake fault zone, as determined by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building S tandards Commission and by the City’s building department;

7. Within a flood plain as determined by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit;

8. Within a floodway as determined by the Federal Emergency Management Agency;

9. On land subject to a natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan, or subject to a conservation easement (excluding Williamson Act contracts); and

10. On land subject to a natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan, or subject to a conservation easement (excluding Williamson Act contracts); and

11. On land where the groundwater is within five feet of the soil surface where onsite wastewater disposal would serve six or more family units.

B. Limits on fees. No taxes or permit fees that are not normally required for other development or agricultural activities in an Agricultural Zone shall be required for farm employee housing.

C. Maximum height. 25 feet.

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D. Minimum sleeping area – group quarters. In group quarters, the minimum floor area available for sleeping purposes shall be 50 square feet per occupant.

E. Accessory uses and structures – group quarters. The following accessory uses and structures are allowed for farm employee group quarters: food service for residents with a kitchen and dining hall; laundry facilities; storage facilities; and community facilities for education, group or individual meetings, reading, health, or other services.

F. No limits on density. Farm employee housing is exempt from the density limits of the Agricultural zoning district.

G. No occupancy restrictions. The occupants are not required to live in the housing as a condition of employment or of securing employment and the occupants are not required to live in the housing by the employer of the occupants, an agent of the employer of the occupants, or an agricultural employer as defined by the California Labor Code.

H. Open space required. When a farm employee housing project includes more than 12 dwelling units, recreational facilities and common open space for residents’ use shall be provided as follows:

1. Common area. A minimum of 5 percent of the site area for the far m employee housing shall be outdoor common area with recreational facilities for activities such as baseball, basketball, soccer, horseshoes, or children’s play areas

2. Private open space. 120 square feet of private open space per unit shall be provided.

I. Employee housing for six or fewer employees. Employee housing that accommodates six or fewer employees shall be considered a single -family structure and residential use pursuant to California Health and Safety Code Section 17021.5 and only has to meet the s tandards that apply to a single family dwelling on a lot. Use of a single-family dwelling for such housing does not constitute a change of occupancy for purposes of State Housing Law or the City’s Building Code.

J. Permit Required. A permit from the California Department of Housing and Community Development (HCD) is required for housing for five or more employees pursuant to the California Employee Housing Act; a copy of the HCD permit shall be provided to the Director of Development Services within 14 days of issuance.

K. Off-street parking. Off-street parking shall be provided as required by Section 25.34.

L. Setbacks. All farm employee housing shall be a minimum of 75 feet from any barn, pen, or other structure that houses livestock or poultry and a minimum of 50 feet from any other agricultural use.

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M. Water and wastewater disposal. All farm employee housing shall have public water service and public wastewater collection service.

N. Minimum period of occupancy. The owner of farm employee housing approv ed under this section must agree to maintain this housing for a minimum period of 10 years after issuance of a final building permit.

O. Compliance with other codes. Farm employee housing shall conform with all the requirements of the City that are applicabl e to agricultural uses in an Agricultural Zone in which the property is located. All farm employee housing must satisfy building, fire, and safety standards, such as fire lane widths, minimum fire flows, and emergency egress, as established through State of California’s Fire and Building Codes and as amended by the City.

25.32.21 Low Barrier Navigation Centers
A. Purpose. This section establishes standards for low barrier navigation centers (LBNCs), consistent with the General Plan and State law.

B. General Requirements. LBNCs are allowed by right with a zoning clearance in all areas zoned for mixed-use and nonresidential zones permitting multifamily uses under the Base Zoning Districts.

C. Development Standards. LBNCs shall be located, developed, and operated in compliance with the development standards of the zone where they are located.

D. Operating Standards. LBNCs shall comply with the requirements of California Government Code Section 65660 as follows:

1. LBNCs shall offer services to connect people to permanent housing through a services plan that identifies services staffing.

2. LBNCs shall be linked to a coordinated entry system, so that staff who co -locate in the facility may conduct assessments and provide services to connect people to permanent housing. In this context, a “coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any r elated requirements, intended to coordinate participant intake, assessment, and referrals.

3. LBNCs shall have a working system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homele ss Management Information System.

E. Review and Approval. Within 30 days of receipt of an application for a LBNC development, the City shall notify a developer whether the developer’s application is complete. Within 60 days of receipt of a completed application, the City shall act upon its review of the application.

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25.32.22 Supportive Housing
A. Purpose. This section establishes regulations and standards for supportive housing in the City that will ensure land use compatibility with existing residential development, while also providing opportunities for this type of housing to meet the City’s housing needs, in accordance with Government Code Sections 65583(c)(3) and 65650–56.

B. General Requirements. Supportive housing shall be located, develo ped, and operated in compliance with the standards below, in zones where Supportive housing is allowed by Tables 25-1 and 25-9 and the corresponding Notes.

C. Development Standards.

1. Supportive housing projects are subject to the development and objective design standards that apply to other residential dwelling units of the same type in the same zoning district.

2. When Supportive housing projects of 50 units or fewer meet the criteria of Government Code Section 65651 and are located in zones where multifamil y or mixed uses are permitted, they shall be processed under the same objective development standards and policies that apply to other multifamily projects within the underlying zoning district.

3. If the supportive housing development meets the criteria of G overnment Code Section 65651 and is located within one -half mile of a public transit stop as determined by the definition of “major transit stop” in Public Resources Code § 21064.3, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.

E. Licensing Requirements. Applicants shall comply with all federal and California state licensing requirements and applicable building codes and fire codes, including maximum occupancy restrictions. No limits shall be established on the length of stay.

F. Entitlements Required.

1. Supportive housing (50 units or fewer) , regardless of the Density Bonus Law, shall be approved by right in zones where multifamily and mixed uses are permitted and shall require only a zone clearance when the project meets the criteria outlined in Government Code Section 65651. Supportive housing (50 units or fewer) that: (1) do not meet the criteria of Government Code Section 65651; or (2) are in zones where multifamily and mixed uses are not permitted shall be subject to the same restrictions that apply to other residential dwellings of the same type within the same zoning district.

2. Supportive housing (more than 50 units) shall follow the same entitlement review process and permi tting requirements that apply to other comparable multifamily residential projects in the applicable underlying zoning district.

G. Application Processing Time. If the Supportive housing development meets the criteria of Government Code Section 65651, the City shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportiv e housing. The

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City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

25.32.23 Residential Care Facilities, Small
A. Purpose. This section establishes standards for small residential care facilities (serving six or fewer residents in addition to the caregiver) to ensure quality of care while protecting neighborhood character and compliance with State law.

B. No Discretionary Review Required. No conditional use permit, zoning variance, or other discretionary approval shall be required for the establishment or operation of a small residential care facility in any zone that permits single -family dwellings. Such facilities shall be treated as a residential use of property, subject only to the same standards that apply to a single-family dwelling in the same zone.

C. State Licenses and Permits. Small residential care facilities must obtain all required s tate licenses and permits prior to operation. Evidence of such licensing shall be provided to the City.

D. Development Standards. Small residential care facilities shall comply with all applicable development standards for single -family dwellings in the zon ing district where they are located.

25.32.24 Residential Care Facilities, Large
A. Purpose. This section establishes standards for residential care facilities for the physically and/or mentally disabled to provide quality services and facilities and minimize impacts to neighboring properties.

B. Applicability. The standards below apply only to Large Residential Care Facilities with 7 or more residents in addition to the caregiver.

C. Permit Required. Planning Commission approval of a Special Conditional Use Permit is required to establish a large residential care facility. The application for a residential care facility shall include the following information:

1. The number of persons being cared for.

2. The number of employees.

3. The facility’s hours of operation.

4. The State license number.

5. A site plan, including locations of existing residences or any other nearby structures.

6. An accurate traffic circulation plan detailing parking, circulation and areas for pick-up and drop-off.

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D. State Licenses and Permits Required. No occupancy permit shall be granted until the City has received evidence that all necessary State licenses and permits have been obtained.

E. Development Standards. Residential care facilities in commercial zones shall be developed in accordance with all development standards and density requirements applicable to the zone where they are located.

F. Maximum Concentration. No residential care facility may locate within 300 feet of any other such facility.

G. Density. The minimum site area required for a residential care facility shall be 350 square feet per resident.

H. Minimum Unit Size. 350 square feet.

I. Open Space Requirements. A minimum of 10 percent of the net lot area shall be dedicated to recreational areas and improved permanent usable ope n space accessible to all residents of the development, exclusive of driveways, parking areas, dwellings and non-recreation building areas.

J. Parking. Off-street parking spaces shall be located a maximum of 150 feet from building entrances.

K. Recreation Areas.

Recreation areas shall be enclosed by a minimum 6 -foot-high fence or wall. Property line fences or walls may be used to fulfill this requirement.

1. Any swimming pool, pond, wading pools, or similar bodies of water greater than 18 inches in depth shall be fully enclosed by a minimum 5-foot-high non-climbable fence.

2. All entrances and exits shall have self-closing and latching gates. All latches shall be located at least 54 inches above adjacent grade

3. An assembly/lounge area with enough seating capacity to accommodate 60 percent of all residents at one time shall be included in the care facility, in addition to adequate restroom facilities and an activity room.

25.32.25 Transitional Housing
A. Purpose. This section establishes regulations and standards for transitional housing in the City that will ensure land use compatibility, while also providing opportunities for this type of housing to meet the City’s housing needs.

B. General Requirements. Transitional housing shall be located, developed, a nd operated in compliance with the standards below, in zones where this housing is allowed by the land use regulations in the Base District Regulations.

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C. Additional Land Use Regulations. Transitional housing may include office space for on -site supportive services, such as counseling, access to social services, medical and mental health care, housing and employment opportunities. On -site supportive services are considered an accessory use and not subject to any additional standards or permitting requirements.

D. Development Standards. Transitional housing shall only be subject to the development standards that apply to other residential uses in the zone where such housing is proposed. The maximum number of allowable dwelling units for transitional housing shall be the same as number allowed for residential development projects in the zone where the transitional housing project is proposed unless a residential density bonus is granted or the land or the land use regulations for specific zone specify another limit.

E. Minimum Unit Size. Transitional housing facilities shall have a minimum of 150 square feet of living space, shower and toilet facilities, laundry facilities, and secure storage areas for intended residents.

F. Building Accessibility and Safety Equi pment. Indoor common areas and living units shall be handicapped adaptable and be provided with all necessary safety equipment (e.g., grab bars, ramps etc.), as well as emergency signal/intercom systems.

G. Parking. The entrance to off -street parking spac es shall be located a maximum of 150 feet from building entrances.

H. Operating Standards. No individual or family shall reside in transitional housing for more than 24 months. A minimum of 60 days shall be required between stays. The operator of the transitional housing shall maintain adequate documentation to demonstrate compliance with this provision.

I. Licensing and Permit Requirements. Applicants shall comply with all federal and California state licensing and permit requirements and applicable building codes and fire codes, including maximum occupancy restrictions.

J. Permits or Review Required.

1. Transitional housing may be provided in a variety of rental housing types (e.g., multiple - unit dwelling, single-room occupancy, group residential, or single unit dwelling).

2. Transitional housing providing accommodations for six or fewer individuals shall be deemed a single-family use; only a zoning clearance is required.

3. All entrances and exits shall have self closing and latching gates. All latches shall be located at least 54 inches above adjacent grade.

4. Transitional housing providing accommodations for more than six individuals also is a permitted use in zones where multi-family and mixed use development is allowed and shall require administrative and design review.

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SECTION 10. Chapter 25, Division 3, Section 25.34 Parking and Loading, Table 25-17: Parking Spaces Required by Land Use is hereby amended to (1) revise standards for “Homeless shelters”; (2) revise standards for “Residential care facility, sm all”; (3) amend standards for “Residential care facility, large”, (4) revise standards “Farm labor employee housing, small”; (5) revise standards for “Farm labor employee housing, large”; and (6) revise standards for “Transitional Housing”, as follows:

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

Industry
Contractor’s yard Parking for office, warehouse and outdoor storage area required per this table
Handicraft shop 1 space per 300 s.f. floor area
Industrial services 1 space per 500 s.f. floor area
Laboratory, processing 1 space per 500 s.f. floor area Manufacturing and Assembly: 1 space per 750 s.f. of floor area, plus 1 space per 10,000 s.f. of outdoor use area
Multi-use/flex buildings (with up to 30%
office area) 1 space per 500 s.f. floor area
Office use in industrial facility or zoning
district 1 space per 250 s.f. floor area
Outdoor Storage 1 space per 10,000 s.f. floor area
Waste Diversion and Material Recovery 1 space per 1000 s.f. floor area, plus 1 space per 10,000 of outdoor use area
Wholesale, Storage and Distribution: Note 4
first 10,000 s.f. of floor area 1 space per 1000 s.f. floor area floor area from 10,000 s.f. up to 40,000
s.f. 1 space per 1500 s.f. floor area
floor area more than 40,000 s.f. 1 space per 3000 s.f. floor area Note 4: The floor areas referred to under Wholesale, Storage and Distribution apply to a single building. Where two or more buildings are located on the same parcel, the parking requirement is calculated separately for each building.

Offices and Financial Services
Banks 1 space per 200 s.f. floor area
Bail bond service 1 space per 200 s.f. floor area
Check cashing service 1 space per 200 s.f. floor area
Offices:

Admin & business, professional &
personal service Note 5
first 5,000 s.f. of floor area 1 space per 200 s.f. floor area floor area more than 5,000 s.f. 1 space per 250 s.f. floor area Medical and dental 1 space per 200 s.f. floor area
Government 1 space per 200 s.f. floor area
Note 5: The floor areas referred to under administrative office apply to a single building. Where two or more buildings are located on the same parcel, the parking requirement is calculated separately for each building.

Public, Quasi-public, and Assembly Uses
Cemetery or mausoleum As determined by review authority Church or other place of worship
1 space per 4 fixed seats in sanctuary, or 1
space per 50 s.f. of assembly area with no
fixed seating

Auditorium, dance hall, exhibition hall or
meeting hall
1 space per 4 fixed seats, or 1 space per 50
s.f. of floor area used for assembly,
exhibitions or dancing with no fixed seats

Community center As determined by review authority

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Corporation yard As determined by review authority
Homeless shelter
As determined by review authority,
provided this number does not exceed the
comparable parking standard for the base
zone (§25.20.3).As determined by review
authority

Park, playground As determined by review authority
Public safety facility As determined by review authority Utilities, Public or quasi- public utilities -
minor Note 1 above (following Agriculture)
Utilities, Public or quasi- public utilities -
major As determined by review authority
Table 25-17: Parking Spaces Required by Land Use (cont.) Use Minimum Parking Required Applicable Sections

Residential Uses
Assisted living facilities As determined by review authority Caretaker’s residence 1 space per dwelling
Community care facility
Parking is required per this table based on
the type of facility (e.g., dwelling, nursing
home, etc.)

Residential care facility, small The comparable parking standard for the base zone (§25.20.3).

Residential care facility, large 0.25 spaces per bed
Dwellings See residential development regulations §25.20.3 Family day care (large and small) No additional parking beyond that required for the dwelling
Farm labor employee housing, small The comparable parking standard for the base zone (§25.20.3).

Farm employee housing, large
One parking space for one bedroom or
studio units, two spaces for units with two
or more bedrooms, and one space per three
beds for group quarters.1 space per
dwelling

Mobile home See residential development regulations §25.20.4.6 Transitional housing
The comparable parking standard for the
base zone (§25.20.3).As determined by
review authority

Residential Accessory Uses and Improvements
Accessory dwelling units 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

Temporary and Other Uses
Temporary uses and events As determined by review authority

Transportation and Communication
Airport As determined by review authority
Antenna or communication facility Note 1 above (following Agriculture) Helipad 5 spaces per pad
Heliport As determined by review authority
Parking facility none
Transit station or terminal As determined by review authority

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Vehicle and Equipment Sales and Service
Automobile and vehicle related:

Accessory equipment sales 1 space per 200 s.f. floor area Automobile and truck rental
1 space per 200 s.f. of office floor area, plus
1 space per 400 s.f. of maintenance floor
area

Large equipment sales 1 space per 400 s.f. floor area, plus 1 space per 2000 s.f. outdoor sales area
Maintenance and repair
1 space per 200 s.f. of office floor area, plus
1 space per 400 s.f. of maintenance floor
area

Recreational vehicle, boats, trailer sales 1 space per 400 s.f. floor area, plus 1 space per 2000 s.f. outdoor sales area
Service station
1 space per 200 s.f. of office or retail floor
area, plus 1 space per 400 s.f. of
maintenance floor area

Vehicle sales 1 space per 400 s.f. floor area, plus 1 space per 2000 s.f. outdoor sales area
Vehicle storage or impound yard 1 space per 200 s.f. floor area Equipment rental (indoor) 1 space per 200 s.f. floor area Equipment rental (outdoor) 1 space per 400 s.f. floor area, plus 1 space per 2000 s.f. outdoor sales area

SECTION 11. Chapter 25, Division 4, is hereby amended to add a new section for Ministerial Housing Review (Section 25.40.9) procedures for certain qualifying multifamily housing and small lot home development, as follows:

25.40.9 Ministerial Housing Review
The purpose of this Section is to streamline the permitting process for infill multifamily residential development projects, including mixed -use development projects, that comply with specific development options set forth in California Government Code Sections 65852.24, 65912.100 - 65912.105, 65913.4, 65913.12, and 65913.16. Nothing in this Section precludes an applicant from applying for Development Review or Minor Development Review.

A. Infill housing projects eligible for streamlined, ministerial approval process under Government Code Section 65913.4 (otherwise known as SB 35 projects).

1. Applicability. Ministerial Housing Review approval will be granted for a multifamily residential development, including a mixed -use development, if it complies with the following:
a. Qualifies for streamlined, ministerial approval under California Government Code Section 65913.4.
b. Complies with the City's objective zoning standards and objective subdivision standards, as defined in California Government Code Section 65913.4 and set forth in the Zoning Ordinance.

2. Conflicting laws. In the case of a conflict between the City’s standards set forth in Section 25.40.9.A.1 above and the standards set forth in California Government Code Section 65913.4, the provisions of the California Government Code shall prevail.

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3. Notification of compliance with the standards. If the Department determines a project submitted under this section conflicts with any of the requirements set forth in Section 25.40.9.A.1 above, it shall inform the applicant, in writing, of the requirements the project conflicts with, along with an explanation of all conflicts, within the following timeframes:
a. Within 60 days of the application submittal if the project contains 150 or fewer dwelling units; or
b. Within 90 days of the application submittal if the project contains more than 150 dwelling units.

4. Deemed approved. If the City does not provide written notice as required by Section

25.40.9.A.3 above, the project shall be deemed to satisfy the requirements specified in Section 25.40.9.A.1 above and must be granted Ministerial Housing Review approval.

5. Time limits on project approvals. Section 25.42.5.A governs the establishment and expiration of Ministerial Housing Review approvals granted under this Section, except when it conflicts with subdivision (f) of California Government Code Section 65913.4, in which case the provisions of the California Government Code shall prevail.

B. Residential development on commercially-zoned lands consistent with Government Code Chapter 4.1 (California Government Code Sections 65912.100 through 65912.140)(Affordable Housing and High Road Jobs Act of 2022).

1. Applicability. Ministerial Housing Review approval will be granted for multifamil y residential development if it complies with the following:
a. Qualifies for streamlined, ministerial approval under California Government Code Chapter 4.1.
b. Complies with the City's objective zoning standards and objective subdivision standards, as defined in California Government Code Chapter 4.1 and as set forth in the Zoning Ordinance.
c. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utiliti es Code Sections 21670 through 21679.5.

2. Conflicting laws. In the case of a conflict between the City’s standards set forth in Section 25.40.9.B.1 above and the standards set forth in California Government Code Chapter 4.1, the provisions of the California Government Code shall prevail.

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a. Within 60 days of the application submittal if the project contains 150 or fewer dwelling units; or
b. Within 90 days of the application submittal if the project contains more than 150 dwelling units.

4. Deemed approved. If the City does not provide written notice as required by Section

25.40.9.B.3 above, the project shall be deemed to satisfy the requirements specified in subsection 1 above and must be granted Ministerial Housing Review approval.

C. Residential development on land zoned for office, retail, or parking consistent with California Government Code Section 65852.24 (Middle Class Housing Act of 2022).

1. Deemed allowable use. A housing development project, as defined in California Government Code Section 65852.24, is deemed an allowable use on land zoned for office, retail, or parking and shall not require a rezone, if it complies with the following:

a. Complies with California Government Code Section 65852.24. b. Is not within a special planning district, overlay zone, or planned unit development that prohibits office, retail, or stand-alone surface parking as permitted uses. c. Complies with the City's objective zoning standards.

2. Conflicting laws. In the c ase of a conflict between the City’s standards set forth in Section 25.40.9.B.1 above and the standards set forth in California Government Code Section 65852.24, the provisions of the California Government Code shall prevail.

D. Residential development consistent with Government Code Section 65913.16 (Affordable Housing on Faith and Higher Education Lands Act of 2023).

1. Applicability. Ministerial Housing Review will be granted for a multifamily residential development project if it complies with the following:
a. Qualifies for streamlined, ministerial approval under California Government Code Section 65913.16.
b. Complies with the City's objective zoning standards and objective subdivision standards, as defined in California Government Code Section 65913.16 and as set forth in the Zoning Ordinance.
c. Complies with the objective standards set forth in an applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code Sections 21670 through 21679.5.

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2. Conflicting laws. In the case of a conflict between the City’s standards set forth in

25.40.9.D.1 above and the standards set forth in California Government Code Section 65913.16, the provisions of the California Government Code shall prevail.

3. Notification of compliance with the standards. If the Department determines a project submitted under this section conflicts with any of the requirements set forth in Section 25.40.9.D.1 above, it shall inform the applicant, in writing, of the requirements the project conflicts with, along with an explanation of all conflicts, within the following timeframes:
a. Within 60 days of the applicati on submittal if the project contains 150 or fewer dwelling units; or
b. Within 90 days of the application submittal if the project contains more than 150 dwelling units.

4. Deemed approved. If the City does not provide written notice as required by Section

25.40.9.D.3 above, the project shall be deemed to satisfy the requirements specified in subsection 1 above and must be granted Ministerial Housing Review approval.

E. Extremely affordable adaptive reuse projects consistent with Government Code Section 65913.12.

1. Applicability. Ministerial Housing Review will be granted for a multifamily residential development project if it complies with the following:
a. Qualifies for streamlined, ministerial approval under California Government Code Section 65913.12.
b. Complies with the city's objective zoning standards and objective subdivision standards, as set forth in the Zoning Ordinance.
c. Complies with the objective standards set forth in an app licable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code Sections 21670 through 21679.5.

2. Conflicting laws. In the case of a conflict between the City’s standards set forth in

25.40.9.E.1 above and the standards set forth in California Government Code Section 65913.12, the provisions of the California Government Code shall prevail.

3. Notification of compliance with the standards. If the Department determines a project submitted under this section conflicts with any of the requirements set forth in

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Section 25.40.9.E.1 above, it shall inform the applicant, in writing, of the requirements the project conflicts with, along with an explanation of all conflicts, within the following timeframes:
a. Within 60 days of the application submittal if the project contains 150 or fewer dwelling units; or
b. Within 90 days of the application submittal if the project contains more than 150 dwelling units.

4. Deemed approved. If the City does not provide written notice as required by

25.40.9.E.3 above, the project shall be deemed to satisfy the requirements specified in subsection 1 above and must be granted Ministerial Housing Review approval.

SECTION 12. Chapter 25, Division 5, Section 25.50 Definitions of Terms and Phrases, is hereby amended to add and modify the following definitions, as follows:

25.50.2 Land Use Definitions
The following land use definitions are listed in alphabetic order.

Assisted Living Facility. A residential land use that provides individual dwelling units supplemented with limited nursing and other services available on site. Assisted Living facilities typically have group facilities for dining and cooking, centralized food service, and can offer social programs and other group amenities.

A facility offering skilled nursing services, memory care, or other more intensive medical care as licensed by the State Department of Public Health is defined as a “nursing home.”

A family home or group care facility not offering individual dwelling units, or similar facility licensed by the State of California as an Adult Residential Care Facility will be classified as a Community Care Facility-Residential.Residential care facilities, large or Residential care facilities, small, according to the size of the family home or group care facility.

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

Boarding House, Small. The renting of rooms within a dwelling to three to six separate households where each household is subject to a separate rental or lease agreement or other payment arrangement with the property owner. Small Boarding Houses may include but are not

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limited to fraternity or sorority houses, housing for migrant farm workers, and supportive and transitional housing programs. Meals may or may not be provided, but there is one common kitchen facility. Small Boarding Houses differ from the Community Care Facility-Residential care facilities, large, and Residential care facilities, small, in that they are not licensed by the State of California.

Community Care Facility - Residential. Any family home, group care facility, or similar facility for twenty-four (24) hour a day residential non -medical care including, but not limited to persons with disabilities, or incompetent persons. All Community Care Facilities - Residential shall be licensed by the State of California and operated in full compl iance with all State, Building Code, Fire Code, and Health Code requirements. This land use category does not include facilities which provide non-residential care on less than a 24 hour a day basis; said uses are classified as Adult Day Care.

Discretionary approval. Any entitlement or approval, including but not limited to a use permit, variance, site approval, and subdivision map.

Efficiency Unit. A small, self -contained dwelling unit (occupied by no more than two persons) containing one habitable room. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms.

Farm employee. A person employed in agriculture or activities associated with agricultural packing and storage and transportation o f agricultural products. The employment may be full - time, full-time seasonal, temporary, or part-time.

Farm employee housing, large. Farm employee housing consisting of more than thirty-six beds in group quarters used exclusively for farm employees, or m ore than twelve units or spaces designed for use by a single family or household with one or more farm employees.

Farm employee housing, small. Farm employee housing consisting of no more than thirty-six beds in group quarters used exclusively for farm employees, or twelve units or spaces designed for use by a single family or household with one or more farm employees. Farm employee housing includes single-family dwelling units occupied by a farmworker employed full -time and working on-site where the dwelling unit is located and the farmworker's household.

Low Barrier Navigation Center. A Housing First, low barrier, temporary, service -enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing.

Ministerial approval. An administrative approval of an entitlement or permit application that involves little or no discretion to determine whether development standards and other applicable requirements are met based on the facts presented in an application. Ministerial approvals may include use of a checklist or similar compliance procedure.

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Objective Design Standards. A standard that involves no personal or subjective judgement by a public official or decision -making authority and are uniformly verifiable by refe rence to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official or decision -maker prior to submittal of an application. This term includes “objective zoning standards,” “ objective design standards”, and “objective subdivision standards.”

Residential care facilities, large. Housing that provides seven or more residents with a program of assisted -living services to deal with the activities and instrumental activities of da ily living.

Residential shall be licensed by the State of California and operated in full compliance with all State, Building Code, Fire Code, and Health Code requirements. This land use category does not include facilities which provide non-residential care on less than a 24 hour a day basis; said uses are classified as Adult Day Care.

Residential care facilities, small. Housing that provides less than seven residents with a program of assisted -living services to deal with the activities and instrumental activities of daily living.

Supportive Housing. Housing with no limit on length of stay that is occupied by a target population, and that is linked to on -site or off -site services that assist the supportive housing resident in retaining housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Regulations and permitting requirements for supportive housing are differentiated in part by number of units: 50 units or less, or more than 50 units.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Target population. Adults or families who are homeless or at risk of homelessness and who have one or more disabling conditions, including a mental disability, physical disability, developmental disability, chronic health condition, HIV or AIDS, or a substance use disorder. The term also includes individuals or families experiencing homelessness or at risk of homelessness who require supportive services, including survivors of domestic violence, transition -age youth exiting the child welfare or juvenile justice systems, veterans, and migratory agricultural workers.

SECTION 13. Chapter 25, Article III, Division 15, Merger of Contiguous Parcels, is hereby amended to add new Section 25.166.124, Lot Merger Incentives, that specify the purpose, eligibility, and incentives, as follows:

Page 43 of 168 ends

ORD. NO. 2026-01

Page 35 ends

25.166.124 Lot Merger Incentives.

A. Purpose. The purpose of this article is to encourage the redevelopment of smaller sites through allowing incentives for qualifying housing projects that include the merging or consolidation of parcels.

B. Eligibility for Incentives.

1. Qualifying Projects: Housing developments that consist of lot consolidation pursuant to Division 14 Merger of Contiguous Parcels and meet either of the following location and affordability criteria:
a. Housing Inventory Sites that construct at a minimum, the number of residential units at the level of affordability identified in the Housing Element Appendix C: Sites Inventory.
b. Residential Zoning Districts RM, RH, and RVH; Heart of Fairfield Zoning Districts HD/HDC, HO, HWT, HTD, and HR; and Commercial Zoning District C M sites not identified in the Housing Element Sites Inventory associated with a rental development proposal consisting of twenty (20%) percent of the units affordable to lower income households and ownership development proposal consisting of twenty (20%) percent of the units affordable to moderate income households.

2. Development Standards:
a. Consolidated sites must meet a minimum site area of 7,500 square feet and not exceed a maximum of 5 acres after consolidation.
b. All projects shall comply with the respective development standards, objective design standards, and allowable uses as specified in the underlying Base Zoning District.

C. Incentives. Projects meeting criteria defined in B above are eligible for the following incentives:

1. Application processing shall be prioritized throughout the planning entitlement phase to the maximum extent feasible

2. All subdivisions, regardless of the number of parcels created, shall be subject to the administrative Parcel Map subdivision process; howeve r, maps requiring exceptions as specified in Division 5, Section 25.158 shall follow the standard review process.

3. Parking requirements for residential units less than 500 sq. ft. shall be reduced by 50%, regardless of bedroom count;

4. Waiver of planning entitlement fees: Waive all planning application fees except for direct costs for consultant fees associated with project review. This waiver shall not include applicable parking in lieu or development impact fees.

Section 25.47.5 Findings. The City Council finds as follows:

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ORD. NO. 2026-01

Page 36 ends

A. The proposed Zoning Map Change, Zoning Ordinance Amendments, and General Plan Amendments are consistent with the goals, policies, and actions of the General Plan. The Zone Change creates consistency between the adopted 2023-2031 Housing Element and the Land Use Element, in conjunction with the proposed General Plan Amendment, by allowing housing on sites identified in the Housing Element, and in compliance with requirements for sites rezoned to accommodate lower income RHNA i dentified in Government Code § 65583.2(h). These Zoning Ordinance Text Amendments are direct implementation actions associated with the 2023 -2031 Housing Element and are therefore directly consistent. The General Plan Amendment creates consistency between the adopted 2023 -2031 Housing Element and the Land Use Element by applying Community Commercial and Residential Very High land use designations to sites identified in the Housing Element to allow for residential development. The proposed General Plan Land Use Amendment is consistent with all other provisions of the General Plan.

B. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed General Plan Amendment, Zone Change, and Zoning Ordinance Text Amendment are mandated by State Housing Law to implement the Housing Element rezoning program for the 2023 –2031 planning period. These amendments implement Housing Element policy by providing housing opportunities for diverse households and facilitating the development of housing for all income levels—very low, low, moderate, and above moderate—on sites identified as suitable for redevelopment. The amendments consist solely of land use and zoning changes; no specific developments are proposed at this time. Any future residential proposals on these sites will require separate City review and must comply with all applicable Zoning Ordinance standards, including those designed to minimize potential impacts on adjacent properties. The proposed amendments will not be detrimental to surrounding properties or to the public interest, health, safety, convenience, or welfare of the City, and they promote the development of adequate housing sites, support affordable housing, and affirmatively further fair housing consistent with the Housing Element’s goals and policies to accommodate the City’s share of regional housing needs.

C. The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments. The proposed zoning changes include sites that are physically suitable for the requested zoning designations and antici pated residential uses. Pursuant to Government Code Sections 65583(a)(3) and 65583.2(a) –(g), the City’s 2023–2031 Housing Element evaluated each site to ensure it is adequate in size, shape, topography, zoning, access, and availability of utilities, and is compatible with surrounding land uses. The sites proposed for rezoning meet these state-mandated criteria and are appropriate for the requested zoning designations and anticipated residential uses. The proposed General Plan amendments apply land use designations consistent with the zoning changes required as part of the 2023-2031 Housing Element. As such, the sites have been evaluated and deemed suitable for residential development as part of the Housing Element development process.

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ORD. NO. 2026-01

Page 37 ends

D. The proposed amen dment is in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to Assembly Bill 131 (Government Code section § 65583(c), the Zoning Ordinance Amendments and Map Changes intended to implement the rezoning actions (actions 6.1 and 6.2) identified in the 2023-2031 Housing Element are statutorily exempt from CEQA. Other proposed related amendments to the Zoning Ordinance to implement other Housing Action Plan programs (actions 2.3, 2.4, 2.5, 6.3, 7.2, 7.6 and 8.2) are al so exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse effect on the environment (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3)). These zoni ng amendments primarily modify organizational or administrative activities that will not result in direct or indirect physical changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs.

Section 15378). An Initia l Study/Addendum to the Final Environmental Impact Report ( ER2025- 0026) for the project has been prepared pursuant to the CEQA, which found that potential impacts from implementation of the General Plan Amendment were previously analyzed and mitigated by the City of Fairfield General Plan Environmental Impact Report (SCH No. 2021080289). No new significant impacts have been identified; therefore, now further environmental review is required.

SECTION 14 . This Ordinance shall be effective 30 days foll owing its adoption by the City Council. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

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ORD. NO. 2026-01

Page 38 ends

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 20th day of January 2026, and

PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:

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

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

Page 47 of 168 ends

IJ :I I [ I ,
Figure 2-2 Housing Element Rezoning and General Plan AmendmenfSites - ···················-······
: ············•••••••••• __________ ..
oano
Comm
College
Tw,
sis
/k,y
Site #2
0027370280
Exist Zone: CO
Proposed Zone: CM
Exisitng GP Designation:

Res High
Proposed GP Designation:

Comm Community
0027370300
Exist Zone: CO
Proposed Zone: CM
Exisitng GP Designation:

Res High
Proposed GP Designation:

Comm Community
Resid
Nei
1/,
Miles
� 'f},e, �ff 10/15/20
/
Site #4
0027360070
Exist Zone: IBP
Proposed Zone: RVH
Exisitng GP Designation:

Res Very High
Proposed GP Designation:

I / '"-·
rm
Rancho Solano North
(not considered
in General Plan)
:.;---.................. -·--
/ ________ ' ! �
.. �
Rancho So/ono
Golf Course
Site #6
0034050320
Exist Zone: CC
Proposed Zone: CM
Exisitng GP Designation:

Comm Community
Proposed GP Designation: -
is
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Exisitng GP Designation:

Res High
Proposed GP Designation:

Res Very High
,v·'?::
r
·
--+-------!�UCO
-
0037010120
Exist Zone: RH
Proposed Zone: RVH
Exisitng GP Designation:

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Proposed GP Designation:

Res Very High
Housing Element Rezoning Sites
Sites used in prior two
RHNA Cycles- Vacant
i II
Kirby
�
r-·•
City Limit Highway L__J
/ Major Sphere of Influence
,,' ,, Railroad D Planning Area
f ....... i Urban Limit Line
Water
Source: Solono County GIS, 2020; City of Fairfield, 2020; Dyett & Bhotio, 2020

EXHIBIT A

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Ste. 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 16, 2025

Dave Zellers, Director
Community Development Department
City of Fairfield
1000 Webster Street, 2nd Floor
Fairfield, California 94533

RE: City of Fairfield 6
th Cycle Housing Element Update Rezone Requirements –
Letter of Inquiry

Dear Dave Zellers:

The purpose of this letter is to inquire about the status of the City of Fairfield’s (City) 6 th
Cycle Housing Element implementation program related to sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Government Code section 65585, subdivision (i). The California Department of Housing and Community Development (HCD) sent the City a letter on April 10, 2023, finding the City’s housing element in substantial compliance with Housing Element Law.1 This was based on, among other reasons, the City’s commitment to complete Program 6 (Zoning Ordinance Update) to rezone adequate sites to satisfy its lower-income RHNA shortfall and to allow by-right processing of sites identified in previous housing elements pursuant to Government Code section 65583.2, subdivision (c).

Rezoning Requirements
Pursuant to Government Code section 65583, subdivision (c)(1)(A), all rezoning actions must be completed generally three years from the statutory deadline (January 31, 2023) if the local government adopted a sixth cycle housing element and HCD found the adopted element to be in substantial compliance within one year of the statutory deadline.2

1 Gov. Code, § 65580 et seq.
2 Please note that for the sixth and previous cycles, the jurisdiction’s actual rezone deadline is either three years after either the date the housing element is adopted pursuant to Government Code section 65585, subdivision (f), or 90 days after receipt of comments from HCD pursuant to section 65585, subdivision (b), whichever is earlier. However, for the ease of implementation, HCD is using three years from the statutory deadlines as a general benchmark.

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Name, Title

Page 2 ends

Consequences of Failure to Implement Program 6

Government Code section 65585, subdivision (i), grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or Housing Element Law. This includes failure to implement program actions included in the housing element. Failure to implement rezone actions in Program 6 by the statutory deadline means the City’s housing element will no longer substantially comply with Housing Element Law, and HCD may revoke its finding of substantial compliance.

Various consequences may apply if the City does not have a housing element in compliance with Housing Element Law, including ineligibility or delay in receiving certain state funds, referral to the California Office of the Attorney General, court-imposed financial penalties, the loss of local land use authority to a court-appointed agent, and the application of the “builder’s remedy.”3

Conclusion

Housing elements are essential to developing a blueprint for growth and are a vital tool to address California’s prolonged housing crisis. Accordingly, state law has established clear disincentives for local jurisdictions that fail to comply with Housing Element Law.

To ensure the City continues to meet the 6
th cycle update requirements for a
substantially compliant housing element, HCD requests that the City provide an update on the status and timeline of implementation of Program 6 by January 15, 2026 and submit any adopted rezones and accompanying resolutions to HCD for review.

HCD will consider any written response before taking further action authorized by Government Code section 65585, subdivision (i), including issuance of a Corrective Action Letter and revocation of HCD’s finding of housing element compliance.

HCD looks forward to receiving your written response to this inquiry. If you have any questions or would like to discuss the content of this letter, please contact Reid Miller, Housing Policy Specialist, at [email protected].

Sincerely,

Melinda Coy
Housing Accountability Unit Chief

3 Gov. Code, §§ 65585, subds. (j), (l)(1), (i); 65589.5, subd. (d)(6) and (h)(11).

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Agenda Item No: G.2

AGENDA REPORT
DATE: November 12, 2025

TO: Chairperson and Members of the Planning Commission

FROM: Community and Economic Development Department

SUBJECT: Resolution PC2025-09 (2023-2031 Housing Element Implementation)

Recommending the City Council Approve General Plan Amendments ( GPA2025-0003) for the Following Five Assessors Parcel Numbers (APN): (1) A PN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From High Density Residential to Community Commercial; (2) APN: 0027- 370-300 at Mangels Boulevard and Suisun Valley Road From High Density Residential to Community Commercial; (3) APN: 0038-221-010 At East Tabor Avenue and Railroad Avenue, from High Density Residential to Very High Density Residential; (4) APN: 0034-050-320 at Heath Drive and Peach Tree Drive from High Density Residential to Very High Density Residential; (5) 1351 East Tabor Avenue (APN: 0037 -010-120) from High Density Residential to Very High Density Residential; and Approve a Zone Change (Z C2025-0006) Rezoning the Following Seven Parcels:
(1) 3066 Travis Boulevard ( APN: 0152-280-140) from Community Commercial District to Mixed Commercial District; (2) APN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From Office Commercial District to Mixed Commercial Di strict; (3) A PN: 0027 -370-300 at Mangels Boulevard and Suisun Valley Road, from Office Commercial District to Mixed Commercial District; (4) APN: 0027-360-070 at Campus Lane and Suisun Valley Road from Industrial Business Park District to Residential Very High Density District; (5) A PN: 0038-221-010 At East Tabor Avenue And Railroad Avenue From Residential High Density District to Residential Very High Density District; (6) A PN: 0034 -050-320 at Heath Drive and Peach Tree Drive, from Residential High Density District to Residential Very High Density District; (7) 1351 East Tabor Avenue (APN: 0037- 010-120) from Residential High Density District to Residential Very High Density District; And Amending Various Sections of Chapter 25, Article I, Also Known as The Zoning Ordinance, to Implement the 2023-2031 Housing Element
Contact:

City Contact: Vicrim Chima, (707) 428-7446, [email protected] Planning Consultant: Alison Moore, (415) 956-4300, [email protected]

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PROJECT RECORD
Resolution No.: PC2025-09
File No.: General Plan (GP2025-0003); Zone Change (ZC2025-0006); Environmental Review (ER2025-0026); Environmental Review (ER2025-0027)
Location: Citywide
Applicant: City of Fairfield

RECOMMENDED ACTION
The Planning Commission adopt Resolution PC2025-09, recommending City Council adoption of a General Plan Amendment, Zone Change, and Zoning Ordinance Amendment to comply with the City's adopted 2023 -2031 Housing Element and California Department of Housing and Community Development regional affordable housing requirements.

STATEMENT OF ISSUE
Public hearing requested by the City for zoning text and map amendments and associated General Plan amendments to implement the City’s 2023 –2031 Housing Element. The project includes rezoning of seven sites and making associated General Plan amendments for five of these sites for consistency.

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Agenda Item No: G.2

DISCUSSION
Table 1: Sites Proposed for Rezoning, Existing Conditions Site # APN Address Parcel
Size
Existing
Use
Current
Zoning
Current GP
Designation
Surrounding Parcel
Zoning
Surrounding Parcel
Existing Use
Surrounding Parcel GP
Designation
1 0152280140
Travis Blvd
and Oliver
Rd

0.8 Dutch
Bros
Coffee
Community
Commercial
(CC)
Commercial
Community
North, East, South,
West: CC
North: Commercial
East: Public
South: Commercial
West: Commercial
North, East, South,
West: Com
Community
2 0027370280
Westamer
ica Dr and
Suisun
Valley Rd

2.5 Vacant
Office
Commercial
(CO)
Residential
High
North: RM
East: RM
South: CO
West: CO
North: Residential
East: Residential
South: Vacant
West: Office
North: Res Medium
East: Res Medium
South: Com Office
West: Com Office
3 0027370300
Mangels
Rd and
Suisun
Valley Rd

3.5 Vacant CO Residential
High
North: CO
East: RM
South: RVH
West: CO
North: Vacant
East: Residential
South: Vacant
West: Office
North: Com Office
East: Res Medium
South: Ind Business &
Ind Park
West: Com Office
4 0027360070
Campus Ln
and Suisun
Valley Rd

3.1 Vacant
Industrial
Business
Park (IBP)
Residential
Very High
North: N/A
East: IBP
South: RM
West: RM
North: School
East: Office
South: Residential
West: Residential
North: Public
Facilities
East: Ind Business &
Ind Park
South: Res Medium
West: Res Medium
5 0038221010
E Tabor Rd
and
Railroad
Ave

1.5 Vacant Residential
High (RH)
Residential
High
North: RH, RLM
East: N/A
South: N/A
West: Site #7
North: Residential
East: N/A
South: N/A
West: Site #7
North: Res High
East: N/A
South: N/A
West: Site #7
6 0034050320
Heath Dr
and Peach
Tree Dr

1.6 Vacant RH Residential
High
North: RH
East: RH
South: RM
West: RH
North: Residential
East: Church
South: Residential
West: Church
North: Res High
East: Res High
South: Res Medium
West: Res High
7 0037010120 1351 E
Tabor Ave 5.0 Vacant RH Residential
High
North: RH
East: Site #5
South: N/A
West: CN, RH
North: Residential
East: Site #5
South: N/A
West: Commercial,
Residential
North: Res High
East: Site #5
South: N/A
West: Res High

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Agenda Item No: G.2

Other Site Information:

The following sites currently have Planning entitlements:
 Site 4, APN 0027360070, entitled multifamily residential project  Site 6, APN 0034050320, entitled recovery services facility

Background
Housing Element Rezoning:

Every eight years, the City and all other California jurisdictions are required by State law to revise and update their individual Housing Elements. On February 7, 2023, the City approved the 2023- 2031 General Plan Housing Element (Housing Element). Article 10.6, Section 65580 – 65589.8, Chapter 3 of Division 1 of Title 7 of the Government Code sets forth the legal requirements for a housing element and encourage s the provision of affordable housing in suitable living environments for all communities to meet statewide goals.

California Housing Element law requires each city and county to develop local housing programs designed to meet their “fair share” of housing needs for all inc ome groups . These needs are determined based on projected population growth through the Regional Housing Needs Allocation (RHNA) (Government Code Section 65580). The RHNA represents the number of housing units a jurisdiction must plan for during the 8 -year Housing Element planning period.

Fairfield’s RHNA is 3,069 units, divided into income categories, shown in Table 2, below.

Table 2: 2023 – 2031 Fairfield Regional Housing Needs Allocation Income Category Needed Units Percent of Needed Units
Extremely Low (0-30% of AMI)1 396 -
Very Low (0-50% of AMI) 792 25.8%
Low (51-80% of AMI) 464 15.1%
Moderate (81-120% of AMI) 539 17.6%
Above Moderate (more than 120% of AMI) 1,274 41.5%
Total 3,069 100.0%

1. Development needs of extremely-low-income units are assumed to be 50 percent of very-low-income housing needs.

Source: ABAG-MTC Housing Needs Data Workbook (Association of Bay Area Governments)

The Housing Element notes that while the City has made progress toward meeting its RHNA figure through constructed projects and existing vacant and underutilized sites , there remains a shortfall for lower income housing. To address this, the City must rezone areas to allow for future residential development. Table 3 below identifies the existing opportunity sites, the rezone sites, and the unit shortfall and surplus calculations.

Sites rezoned to accommodate lower -income RHNA also must meet certain requirements (Government Code Section 65583.2):

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 Have zoning that allows owner-occupied and rental multifamily residential uses “by-right” (only subject to ministerial approval) in which 20 percent or more of the units are affordable to lower income households.
 Permit a minimum of 20 dwelling units per acre, and a maximum density range that allows the “default density” (the minimum residential density that California law assumes is appropriate to accommodate lower-income housing needs) of 30 dwelling units per acre.

In the Housing Element, the City identified seven sites with potential for mixed-use or residential development, which could accommodate 449 housing units to address the remaining lower- income RHNA shortfall (see ‘C. Surplus/Shortfall’ in Table 3). The Housing Element commits the City to rezoning these sites to meet the RHNA, as required by State Housing law. Additionally, the California Department of Housing and Community Development ( HCD) requires all jurisdictions to provide a buffer of additional sites to meet the lower -income RHNA to ensure sufficient capacity in the event a developer elects to construct market-rate housing or non-residential uses on sites planned for affordable housing. This requirement of state law is referred to as “no net loss”.

Table 3: Other Opportunity Sites

Very Low/Low-
Income Moderate-Income
Above-Moderate
Income Total
RHNA 1,256 539 1,274 3,069
Total Credits 528 154 1,864 2,546
A. Surplus (+)/ Shortfall (-) -728 -385 +590 -523
Specific Plan Sites 335 303 - 651
Vacant 219 303 522
Non-Vacant 129 129
Other Opportunity Sites 189 226 42
Vacant 168 226 - 403
Non-Vacant 22 - - 22
Total Capacity 569 529 - 1,055
B. Surplus (+)/ Shortfall (-) -204 +144 +590 +532
RHNA 5 Site Rezone1 143 0 0 143
Other Rezone 1 35 0 0 35
AFFH Rezone 271 0 0 271
Rezone Total +449 0 0 -
C. Surplus (+)/ Shortfall (-) +245 +144 +590 -
GRAND TOTAL (% of RHNA) 1,514 (121%) 683 (127%) 1,864 (146%) 4,048

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State law requires that rezoning to address shortfalls in housing needs to be accomplished within three years of Housing Element adoption (Gov. Code § 65583(c)(1)(A)). Failure to comply with the requirements can have financial and legal ramifications, including actions from the California Office of the Attorney General and court-imposed penalties for persistent noncompliance. Other consequences include the loss of local land use authority to a court -appointed agent and ineligibility to receive state funds that require a complaint housing element as a prerequisite. The city may also be susceptible to housing applications and permit streamline legislation aimed at jurisdictions that do not have a certified housing element.

These required rezone sites were identified due to their potential for redevelopment over the next eight y ears and to advance fair housing opportunities throughout the city. While some of these sites now have planning entitlements, they do not yet have building permits. Even with these entitlements, the City still has capacity to achieve its lower income RHNA. If development on any site in Table B of Fairfield’s Sites Inventory (in the Housing Element) (see Table 4 in the staff report) result in fewer units by income category than projected in the Housing Element, and the remaining sites are insufficient to meet the jurisdiction’s share of regional housing needs, the City must identify and make additional adequate sites available within 180 days , in accordance with the No Net Loss Law (Government Code Section 65863).

Housing Element Program Implementation:

The Housing Element includes five overall goals to support compliance with state law and to achieve the City’s RHNA. To achieve these goals during this Housing Cycle, the Housing Element includes 36 policies, 11 programs, and 34 specific actions. Numerous Housing Element actions require Zoning Code amendments. For practical purposes, staff has bundled a number of these updates into the first phase of Zoning Code Amendments. These include many revisions that are prescribed in detail within an implementation action item and/or are mandated by State Law.

Changes are described in the Project Description section of this Staff Report.

PROJECT DESCRIPTION
Housing Element Rezoning:

Zoning Ordinance amendments include rezoning and related actions necessary to implement the City’s Housing Element, including the completion of rezoning for seven sites identified in Housing Action Plan programs 6.1 and 6.2 to accommodate Fairfield’s lower -income RHNA shortfall.

These sites are shown in Table 4 below and are also included as part of the Housing Element Sites Inventory. Sites are also shown on a map in Attachment 3–Exhibit A. It is recommended that General Plan amendments for APNS 0027370280 ; 0027370300; 0038221010; 0034050320; and 0037010120 also be made for consistency with proposed zoning.

Table 4: Candidate Sites for Rezoning (Table B, 2023-2031 Fairfield Housing Element Sites Inventory) APN Address Current
Zoning
Proposed
Zoning
Current GP
Designation
Proposed GP
Designation

Page 56 of 168 ends

0152280140 Travis Blvd and Oliver
Rd CC CM Commercial
Community -
0027370280 Westamerica Dr and
Suisun Valley Rd CO CM Residential High Commercial
Community
0027370300 Mangels Rd and
Suisun Valley Rd CO CM Residential High Commercial
Community
0027360070 Campus Ln and
Suisun Valley Rd IBP RVH Residential Very
High -
0038221010 E Tabor Rd and
Railroad Ave RH RVH Residential High Residential Very
High
0034050320 Heath Dr and Peach
Tree Dr RH RVH Residential High Residential Very
High
0037010120 1351 E Tabor Ave RH RVH Residential High Residential Very High

Housing Element Program Implementation:

To implement the General Plan and Housing Element policies, State law requires that the City review and update the Zoning Code to ensure that its review processes and requirements are compatible with the objectives, policies, and programs specified in the General Plan and in conformance with State Law. The Proposed Project includes Zoning Code amendments that would amend certain sections of the Zoning Code to facilitate and support the production of new housing at all income levels, add incentives and strea mlined review for infill and affordable housing, reduce development barriers to certain kinds of housing, establish by-right approval for qualifying projects, and incorporate standards for efficiency, special -needs, and farmworker housing to ensure state l aw compliance and support a wider range of housing options . Table 5 below is a summary of the proposed amendments.

Table 5: Zoning Amendments to Implement Fairfield’s 2023-2031 Housing Element Housing Action Plan
Housing Element Action Zoning Amendment Summary Purpose / Key Effect Land Use Density Consistency
Updated Section 25.20.1 and
Table 25-4 to align zoning
density ranges with new General
Plan land use designations.

Maintain consistency between
GP and zoning densities.

Action 2.3 – Small Lot
Consolidation Incentives
Added new 'Lot Merger
Incentives' section to FMC
Article 3 for qualifying housing
projects; provides expedited
review, reduced parking, and fee
waivers for small unit projects.

Encourage infill and affordable
housing on small/underutilized
parcels.

Action 2.4 – Streamlining of
Housing Permits
Added Section 25.40.5(E)
'Ministerial Review' for SB 35, SB
330, AB 803 projects using
objective design standards;
limited PC review to verifying
compliance.

Ensure ministerial approval per
state law and clarify entitlement
findings.

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Table 5: Zoning Amendments to Implement Fairfield’s 2023-2031 Housing Element Housing Action Plan
Action 2.5 – Citywide Densities,
Zoning & Circulation
Reduced minimum lot sizes in
RLM/RM districts; established
consistency with small-lot
provisions; tied to AB 803
eligibility.

Added Section 25.20.3.5 'Small
Home Lot Developments';
updated Tables 25-1 & 25-9;
established objective design
standards and clarified single-
family use in multifamily zones.

Facilitate small-lot and infill
development; remove lot size
barriers.

Actions 6.1 & 6.2 – Rezoning &
By-Right Housing
Rezoned seven Housing Element
sites; added CM minimum
density of 20 du/ac; added by-
right provision for 20 percent
lower-income projects.

Meet RHNA rezoning
requirement, enable by-right
approvals for qualifying sites.

Action 6.3 – Efficiency Units
Defined 'efficiency unit' in §

25.51.2; allowed by-right in
medium-to-very-high density
zones and mixed-use zones; CUP
in CT zone.

Support smaller, lower-cost
units and flexible housing types.

Action 7.2 – Housing for Persons
with Disabilities
Added note to Table 25-17
clarifying residential care
facilities (≤ 6 residents) cannot
have special parking
requirements.

Align with state law for small
residential care facilities.

Action 7.6 – Farmworker
Housing
Added 'Farm Employee Housing,
Small/Large' to Tables 25-1 &
25-13; added standards (§

25.32.20) and definitions (§

25.51.2).

Implement HSC §§ 17021.5–
17021.6; allow small facilities by
right.

Action 8.2 – Homeless & Special
Needs Housing
Added standards and definitions
for: Low Barrier Navigation
Centers (AB 101),
Emergency/Transitional Housing
(AB 139), Supportive Housing
(by right), and Residential Care
Facilities in sections 25.32.20-

25.32.55 Facilitate housing options for
homeless and special-needs
populations.

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Agenda Item No: ___

ANALYSIS FOR PLANNING COMMISSION
To effectuate the required rezoning and zoning amendments specified in the adopted Housing Element, three separate actions are required:
 Zoning map amendment
 Zoning ordinance amendments
 General plan land use amendment

Zoning Map Amendment:

As required by State Housing Element law, the project includes a Zoning Map amendment for seven parcels, as identified in Table 4 above. The Mixed Commercial (CM) and Residential Very High Density (RVH) zoning designations allow s ites to meet criteria required of sites rezoned to accommodate lower-income RHNA as described in the ‘Background’ section of this staff report.

Zoning Ordinance Amendments:

The zoning text amendments are consistent with the Housing Element policies referenced above and are intended to implement rezoning actions, support the production of housing at all income levels, protect existing residents from displacement, and expand opportunities for a variety of residential uses.

General Plan Land Use Amendment:

The project includes a General Plan Land Use Plan amendment to redesignate five parcels for consistency with the rezoning changes, as described in Table 4 above. These land use designations are not incompatible with other surrounding parcels’ land use designations.

ENVIRONMENTAL REVIEW
The proposed zoning map changes have been deemed categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.085. (a) of the Public Resources Code, in accordance with Senate Bill 131 (2025).

Zoning Ordinance Amendments to implement other Housing Action Plan (actions 2.3, 2.4, 2.5,

6.3, 7.2, 7.6 and 8.2) are also exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse effect on the environment (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3)). These zoning amendments primarily modify organizational or administrative activities that will not result in direct or indirect physica l changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Section 15378).

For the General Plan Amendments, an Addendum to the 2024 City General Plan Update and Climate Action Plan Environmental Impact Report (SCH No. 2021080289 ) has been prepared pursuant to CEQA Section 15164 , and no subsequent environmental review is required in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Section 15162.

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CORRESPONDENCE
The Public Hearing Notice was published in the Daily Republic on Wednesday, October 22, 2025, and hearing notices were sent to 496 property owners within a 500’ radius from the seven subject sites on October 22, 2025.

STAFF CONTACT
Vicrim Chima, Senior Planner
(707) 428-7446
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution PC2025-09
Attachment 3: Exhibit A - Proposed General Plan Amendments & Zoning Map Amendments Attachment 4: Exhibit B
- Proposed Zoning Ordinance Text Amendments
Attachment 5: Exhibit C - Proposed General Plan EIR Addendum and Statutory Exemption

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Agenda Item No: H.3

AGENDA REPORT
DATE: December 10, 2025

TO: Chairperson and Members of the Planning Commission

FROM: Community and Economic Development Department

SUBJECT: Resolution PC2025-09 (2023-2031 Housing Element Implementation)

Recommending the City Council Approve General Plan Amendments (GPA2025 -0003) for the Following Five Assessors Parcel Numbers (APN): (1) APN: 0027 -370-280 at Westamerica Drive and Suisun Valley Road From High Density Residential to Community Commercial; (2) APN:
0027370-300 at Mangels Boulevard and Suisun Valley Road From High Density Residential to Community Commercial; (3) APN: 0038-221-010 At East Tabor Avenue and Railroad Avenue, from High Density Residential to Very High Density Residential; (4) APN: 0034-050-320 at Heath Drive and Peach Tree Drive from High Density Residential to Very High Density Residential; (5) 1351 East Tabor Avenue (APN: 0037 -010-120) from High Density Residential to Very High Density Residential; and Approve a Zone Change (ZC2025 -0006) Rezoning the Following Seven Parcels:
(1) 3066 Travis Boulevard (APN: 0152 -280-140) from Community Commercial District to Mixed Commercial District; (2) APN: 0027-370-280 at Westamerica Drive and Suisun Valley Road From Office Commercial District to Mixed Commercial District; (3) APN: 0027 -370-300 at Mangels Boulevard and Suisun Valley Road, from Office Commercial District to Mixed Commercial District; (4) APN: 0027 -360-070 at Campus Lane and Suisun Valley Road from Industrial Business Park District to Residential Very High Density District; (5) APN: 0038 -221-010 At East Tabor Avenue And Railroad Avenue From Residential High Density District to Residential Very High Density District; (6) APN: 0034 -050-320 at Heath Drive and Peach Tree Drive, from Resid ential High Density District to Residential Very High Density District; (7) 1351 East Tabor Avenue (APN: 0037- 010-120) from Residential High Density District to Residential Very High Density District; And Amending Various Sections of Chapter 25, Article I, Also Known as The Zoning Ordinance, to Implement the 2023-2031 Housing Element.

Contact: Vicrim Chima, (707) 428-7446, [email protected]

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PROJECT RECORD
Resolution No.: PC2025-09
File No.: General Plan (GP2025 -0003); Zone Change (ZC2025 -0006); Environmental Review (ER2025-0026); Environmental Review (ER2025-0027)
Location: Citywide
Applicant: City of Fairfield

RECOMMENDED ACTION
Hold public hearing and adopt resolution.

STATEMENT OF ISSUE
Continued public hearing requested by the City for zoning text and map amendments and associated General Plan amendments to implement the City’s 2023–2031 Housing Element. The project includes rezoning of seven sites, making associated General Plan amendments for five of these sites for consistency, and various text amendments to the Zoning Ordinance.

BACKGROUND

Housing Element 2023-2031 Implementation
The City is implementing several actions to fulfill the requirements of its 2023 –2031 Housing Element. To effectuate the required rezoning and zoning amendments specified in the adopted Housing Element, three separate actions are required:

 Zoning map amendment. As required by State Housing Element law, the project includes a Zoning Map amendment for seven parcels. The proposed Mixed Commercial (CM) and Residential Very High Density (RVH) zoning designations are intended to ensure these sites meet the criteria for accommodating Fairfield’s lower -income Regional Housing Needs Allocation.

 General plan land u se amendment. The project includes a General Plan Land Use Plan amendment to redesignate five parcels for consistency with the zoning changes.

 Zoning ordinance amendments. The zoning text amendments are consistent with the Housing Element actions and are intended to implement rezoning actions, support the production of housing at all income levels, protect existing residents from displacement, and expand opportunities for a variety of residential uses.

One such action, Action 8.2 of the Housing Element, directs the City to amend the Zoning Code to comply with AB 2162. This state law requires supportive housing to be regulated in the same manner as any other residential use allowed in the zoning district. It further requires supportive housing projects with 50 units or fewer to be approved by right, or ministerially, in zones where multifamily or mixed-use development is permitted.

The Planning Commission reviewed the proposed amendments at its November 12, 2025 ,

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meeting. The meeting materials, including the staff report providing additional background on the three actions, are attached for reference. The hearing was continued to a date and time certain to allow staff time to address Commission questions regarding supportive housing requirements. The analysis of this issue, along with any revisions made to the draft Zoning Code amendments since November 12, 2025, is provided below.

ANALYSIS FOR PLANNING COMMISSION
At the November 12, 2025 , Planning Commission hearin g, Commissioners raised questions regarding supportive housing, specifically whether state law requires supportive housing to be permitted in all residential and mixed -use zones and whether all supportive housing projects must adhere to the City’s Objectiv e Development Standards (ODS) and ministerial review processes.

Supportive Housing in Residential Zones
State law (AB 2162; Gov. Code §§ 65650–65656) establishes two separate requirements for local permitting of supportive housing.

1. As described in Gov. Code § 65651(f), supportive housing must be treated as a residential use in any zoning district where residential uses are permitted. This means that in zones where multifamily housing is allowed, supportive housing in a multifamily building must be allowed under the same permit procedures. In lower -density residential zones, supportive housing is p ermitted only when the proposed building type is one that the zoning district already allows, such as a single-family dwelling or duplex.

2. AB 2162 creates a ministerial, by -right approval requirement for supportive housing projects that meet the criteria i n Gov. Code § 65651(a). Generally, this includes 100 - percent residential projects located in a zone that allows multifamily or mixed -use housing, long-term affordability requirements, provision of supportive services, majority supportive housing units, qua lified sponsorship, and compliance with only objective zoning and design standards for similar multifamily housing types in that zone. When a project satisfies these criteria, including being located in a zone where multifamily or mixed-use development is permitted, the City must process the application ministerially and may not require discretionary review. Projects that do not meet all statutory criteria are subject to the requirements described above and follow the same permitting procedures that apply to comparable residential projects in the applicable zoning district.

Because Fairfield is a city under 200,000 residents with a homeless population under 1,500, these by-right provisions apply only to supportive housing projects of 50 units or fewer (§ 65 651(d)). Projects that exceed the threshold or do not meet the criteria are processed under the City’s standard permitting for residential uses as described above.

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Applicability of Objective Design Standard and Ministerial Review Under Government Code § 65651(a) (AB 2162), supportive housing projects that qualify for ministerial, by-right approval must comply with the ODS, consistent with the requirement that ministerial projects be reviewed only for compliance with objective standards that apply to other multifamily residential uses in the same zon ing district . Because § 65651(d) limits by -right approval in Fairfield to supportive housing developments of 50 units or fewer located in zones that allow multifamily or mixed -use housing, only those qualifying projects are subject to ODS.

Supportive housing proposals with more than 50 units, or do not meet the AB 2162 criteria , are processed under the City’s standard discretionary review procedures and must meet the same development standards that apply to other comparable residential projects.

Proposed Changes
To address the differences in by -right approvals for supportive housing with 50 units or fewer, and supportive housing projects with more than 50 units, the following changes are made to the Zoning Ordinance amendments:

Chapter 25, Article 1, Section 25.20 and Section 25.22
Table 25-1: Residential District Land Use Regulations and Table 25 -9: Commercial District Land Use Regulations
 Supportive housing (50 units or fewer) that meets the criteria under Government Code Section 65651 is permitted by right in all zoning districts that allow multifamily or mixed- use development.

 Supportive housing (more than 50 units ) is required to follow the same entitlement procedures and permitting requirements that apply to other comparable multifamily residential projects in the base zone. These developments must also comply with all development standards applicable to the project site’s underlying zoning district.

Chapter 25, Division 3, Section 25.32 Specific Use Regulations For supportive housing development standards, the following revisions are made:
 Clarification that no minimum parking may be required for supportive housing located within one-half mile of a public transit stop, consistent with Gov. Code § 65655.

 Addition of detailed criteria for when supportive housing projects of 50 units or fewer qualify for ministerial, by -right approval under Gov. Code §§ 65651 –65652, including long-term affordability, restrictions to lower-income households, minimum set-asides for the target population, required supportive services space, documentation requirements, and replacement -unit obligations. Projects larger than 50 units must follow the same permitting process as other multifamily residential developments.

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 Establishment of application processing timelines consistent with Gov. Code § 65653, requiring completeness determinations within 30 days and ministerial approvals within 60 days for qualifying projects (or 120 days for projects over 50 units).

Chapter 25, Division 4, Section 25.40.9 Ministerial Housing Review Section 25.40.9 establishes a streamlined ministerial review process for eligible infill multifamily and mixed-use housing projects, including those qualifying under SB 35 and other state housing laws. Projects must comply with the City’s objective zoning and subdivision standards, as well as any applicable Airport Land Use Compatibility Plan. Eligible projects are reviewed only for compliance with these objective standards, and if no conflicts are identified within the required notification period, the project is deemed approved. Where City st andards conflict with state law, state provisions prevail.

Chapter 25, Division 5, Section 25.50 Definitions of Terms and Phrases Other clarifications are made to the definitions to reflect:
 Replacement of Community Care Facility-Residential with Residential Care Facilities, small and Residential Care facilities, large in any other definitions referencing Community Care Facility-Residential.
 In Supportive Housing, clarification of differing permitting requirements for supportive housing, 50 units or less, and for supportive housing, more than 50 units.  New definition for Target Population (referenced in Supportive Housing)

Zoning Ordinance Amendm ents to implement other Housing Action Plan (actions 2.3, 2.4, 2.5,

6.3, 7.2, 7.6 and 8.2) are also exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse e ffect on the environment (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3)). These zoning amendments primarily modify organizational or administrative activities that will not result in direct or indirect physical changes to the environment (Publ ic Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Section 15378).

For the General Plan Amendments, an Addendum to the 2024 City General Plan Update and Climate Action Plan Environmental Impact Report (SCH No. 2021080289) has been prepared pursuant to CEQA Section 15164 and no subsequent environmental review is required in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Section 15162.

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sites on Octobe r 22, 2025. The November 1 2, 2025, hearing w as continued t o a date certain, December 10, 2025.

STAFF CONTACT
Vicrim Chima, Senior Planner
(707) 428-7446
[email protected]

ATTACHMENTS
Attachment 2: November 12, 2025 Staff Report
Attachment 3: Proposed Resolution PC2025-09
Attachment 4: Exhibit A - Proposed General Plan Amendments & Zoning Map Amendments Attachment 5: Exhibit B - Proposed Zoning Ordinance Text Amendments Attachment 6: Exhibit C - Proposed General Plan EIR Addendum and Statutory Exemption

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CITY OF FAIRFIELD PLANNING COM M ISSION
RESOLUTION NO. PC2025-09
RECOM M ENDING THE CITY COUNCIL APPROVE GENERAL PLAN AM ENDM ENTS (GPA2025- 0003) FOR THE FOLLOW ING FIVE ASSESSOR PARCEL NUM BERS (APN):
(1) APN: 0027-370-280 AT W ESTAM ERICA DRIVE AND SUISUN VALLEY ROAD FROM HIGH DENSITY RESIDENTIAL TO COM M UNITY COM M ERCIAL; (2) APN: 0027-370-300 AT MANGELS

BOULEVARD AND SUISUN VALLEY ROAD FROM HIGH DENSITY RESIDENTIAL TO COM M UNITY COM M ERCIAL; (3) APN: 0038-221-010 AT EAST TABOR AVENUE AND RAILROAD AVENUE, FROM HIGH DENSITY RESIDENTIAL TO VERY HIGH DENSITY RESIDENTIAL; (4) APN: 0034-050- 320 AT HEATH DRIVE AND PEACH TREE DRIVE FROM HIGH DENSITY RESIDENTIAL TO VERY HIGH DENSITY RESIDENTIAL; (5) 1351 EAST TABOR AVENUE {APN: 0037-010-120) FROM HIGH DENSITY RESIDENTIAL TO VERY HIGH DENSITY RESIDENTIAL;
AND APPROVE A ZONE CHANGE (ZC2025-0006) REZONING THE FOLLOW ING SEVEN PARCELS:
(1) 3066 TRAVIS BOULEVARD (APN: 0152-280-140) FROM COM M UNITY COM M ERCIAL DISTRICT TO MIXED COM M ERCIAL DISTRICT; (2) APN: 0027-370-280 AT W ESTAM ERICA DRIVE

AND SUISUN VALLEY ROAD FROM OFFICE COM M ERCIAL DISTRICT TO MIXED COM M ERCIAL DISTRICT; (3) APN: 0027-370-300 AT MANGELS BOULEVARD AND SUISUN VALLEY ROAD, FROM OFFICE COM M ERCIAL DISTRICT TO M IXED COM M ERCIAL DISTRICT; (4) APN: 0027-360- 070 AT CAM PUS LANE AND SUISUN VALLEY ROAD FROM INDUSTRIAL BUSINESS PARK DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; (5) APN: 0038-221-010 AT EAST

TABOR AVENUE AND RAILROAD AVENUE FROM RESIDENTIAL HIGH DENSITY DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; (6) APN: 0034-050-320 AT HEATH DRIVE AND

PEACH TREE DRIVE, FROM RESIDENTIAL HIGH DENSITY DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; (7) 1351 EAST TABOR AVENUE (APN: 0037-010-120) FROM RESIDENTIAL HIGH DENSITY DISTRICT TO RESIDENTIAL VERY HIGH DENSITY DISTRICT; AND AM ENDING VARIOUS SECTIONS OF CHAPTER 25, ARTICLE I, ALSO KNOWN AS THE ZONING ORDINANCE, TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. On February 7, 2023, the 2023-2031 General Plan Housing Element was adopted by the City Council.

Section 2. On April 10, 2023, the California Department of Housing and Community Development (HCD) sent the City a letter indicating that the 2023-2031 Housing Element was in substantial compliance and met statutory state requirements.

Section 3. The implementation of the 2023-2031 Housing Element requires amendments to the Fairfield Municipal Code (FMC), Zoning Map, and General Plan Land Use Designation Map.

Section 4. The candidate sites identified to be rezoned to accommodate shortfall housing need will meet the requirements of Government Code §65583.2, including but not limited to a

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RES. NO. PC2025-09

Page 2 ends

minimum density of 20 units per acre and zoned to allow ownership and rental housing by right in which at least 20 percent of the units are affordable to lower income households.

Section 5. Housing Element Action Plan actions 2.3, 2.4, 2.5, 6.1, 6.2, 6.3, 7.2, 7.6, and 8.2 commit the City to review and amend the City's Zoning Code to add incentives and streamlined review for infill and affordable housing, reduce development barriers to certain kinds of housing, establish by-right approval for qualifying projects, and incorporate standards for efficiency, special-needs, and farmworker housing to ensure state law compliance and support a wider range of housing options.

Section 6. The City initiated the proposed Zoning Ordinance Amendments, Map Changes, and General Plan Amendments pursuant to FMC Section 25.47.

Section 7. The proposed Zoning Ordinance Amendments, Map Changes, and General Plan Amendments are consistent with the City General Plan, as they are implementation measures of the 2023-2031 Housing Element and are therefore directly consistent with the General Plan.

Section 8. On October 22, 2025, notices were sent to property owners within a 500-foot radius from the subject sites, and the notice was published in the Daily Republic, specifying the date, time, and location of the public hearing for Zoning Ordinance Amendments and Map Changes (ZC2025-0006) and General Plan Amendment (GPA2025-0003).

Section 9. On November 12, 2025, the Planning Commission held a duly noticed public hearing.

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 the proposed General Plan and Zoning Ordinance Amendments. To provide more time for analysis and discussion, the commission moved to continue the item to a date certain, December 10, 2025.

Section 10. On December 10, 2025, the Planning Commission resumed the public hearing. 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 the proposed General Plan and Zoning Ordinance Amendments.

Section 11. Pursuant to and in accordance with the provisions of the Environmental Quality Act (Public Resources Code Section 21000 et seq., (herein referenced to as "CEQA")), the State of California Guidelines for Implementation of the California Environmental Quality Act (14. Cal Code of Regs. Section 15000, et seq., (herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as the term is defined in Section 15378 of the CEQA Guidelines.

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RES. NO. PC2025-09

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Section 12. The cornrnrssron reviewed environmental impacts and determined the following findings exist to support the adoption of the Zoning Ordinance Amendments and Map Changes and General Plan Amendments.
(a) Pursuant to Assembly Bill 131 (Government Code section § 65583(c), the Zoning Ordinance Amendments and Map Changes intended to implement the rezoning actions identified in the 2023-2031 Housing Element are statutorily exempt from CEQA. (b) Other proposed related amendments to the Zoning Ordinance to implement other Housing Action Plan programs (actions 2.3, 2.4, 2.5, 6.3, 7.2, 7.6 and 8.2) are also exempt from CEQA because it can be seen with certainty that there is no possibility that the adoption of these provisions would have a significant adverse effect on the environment (CEQA Guidelines, 14 Cal. Code of Regs. Section 15061(b)(3)). These zoning amendments primarily modify organizational or administrative activities that will not result in direct or indirect physical changes to the environment (Public Resources Code section 21065; CEQA Guidelines, 14 Cal. Code of Regs. Section 15378).
(c) An Initial Study/Addendum to the Final Environmental Impact Report (ER2025-0026) for the project has been prepared pursuant to the CEQA, which found that potential impacts from implementation of the General Plan Amendment were previously analyzed and mitigated by the City of Fairfield General Plan Environmental Impact Report (SCH No. 2021080289). No subsequent environmental review is required in accordance with Public Resources Code Section 21166 and State CEQA Guidelines Section 15162.

Section 13. The commission adopts the following findings in support of the Zoning Ordinance Amendments and Zone Change:
(a) The proposed amendment is consistent with the goals, policies, and actions of the General Plan. These Zoning Ordinance Text Amendments are direct implementation actions associated with the 2023-2031 Housing Element and are therefore directly consistent. The Zone Change creates consistency between the adopted 2023-2031 Housing Element and the Land Use Element, in conjunction with the proposed General Plan Amendment, by allowing housing on sites identified in the Housing Element, and in compliance with requirements for sites rezoned to accommodate lower income units RHNA identified in Government Code § 65583.2{h).
(b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed Zone Change and Zoning Ordinance Text Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendments are required by State Housing Law

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RES. NO. PC2025-09

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to implement the Housing Element rezoning program for the 2023-2031 planning period and are intended to ensure the City provides adequate housing sites and supports the development of affordable housing. No specific development projects are proposed at this time, and any future residential proposals on these sites will be subject to separate City review and must comply with all applicable Zoning Ordinance standards, including those designed to minimize potential impacts on adjacent properties. The Zone Change and Zoning Ordinance Text Amendment promote public health, safety, and general welfare by providing housing opportunities for households at all income levels- very low, low, moderate, and above moderate- and by affirmatively furthering fair housing. These actions implement the Housing Element's goals and policies to accommodate the City's share of regional housing needs and facilitate redevelopment of sites identified as suitable for housing in the Housing Element.
(c) The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments. The proposed amendment includes sites that are physically suitable for the requested zoning designations and anticipated residential uses. Pursuant to Government Code Sections 65583{a)(3} and 65583.2{a)- (g), the City's 2023-2031 Housing Element evaluated each site to ensure it is adequate in size, shape, topography, zoning, access, and availability of utilities, and is compatible with surrounding land uses. The sites proposed for rezoning meet these state-mandated criteria and are appropriate for the requested zoning designations and anticipated residential uses.
(d) The proposed amendment is in compliance with the provisions of CEQA. Pursuant to Assembly Bill 131 (Government Code Section 65583{c}), the Zoning Ordinance Amendments and Map Changes intended to implement the rezoning actions identified in the 2023-2031 Housing Element are statutorily exempt from the California Environmental Quality Act (CEQA). Other related amendments to the Zoning Ordinance implementing Housing Action Plan Programs 2.3, 2.4, 2.5, 6.3, 7.2, 7.6, and 8.2 are also exempt from CEQA under Section 15061{b){3} of the CEQA Guidelines, as it can be seen with certainty that there is no possibility these actions would have a significant adverse eff ect on the environment. These amendments are primarily organizational or administrative in nature and will not result in direct or indirect physical changes to the environment, consistent with Public Resources Code Section 21065 and CEQA Guidelines Section 15378. As such, no additional environmental review is required.

Section 14. The commission adopts the following findings in support of the General Plan Amendment:

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RES. NO. PC2025-09

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(a) The proposed amendment is consistent with the goals, policies, and actions of the General Plan. The General Plan Amendment establishes consistency between the adopted 2023- 2031 Housing Element and the Land Use Element by applying Community Commercial and Residential Very High land use designations to sites identified in the Housing Element to facilitate residential development. The Housing Element requires rezoning of specific sites to allow for additional residential development, and the proposed Zone Change, together with the General Plan Amendment, ensures consistency among the 2023- 2031 Housing Element, the General Plan Land Use Element, and the Zoning Ordinance.
(b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed amendment is mandated by State Housing Law, as the City is required to implement the Housing Element rezoning efforts for the 2023-2031 planning period. The General Plan Amendment implements Housing Element policy, providing housing opportunities for diverse households and facilitating the development of housing for all income levels, including very low-, low-, moderate-, and above moderate-income levels, on sites identified as viable for redevelopment. The proposed amendment will not be detrimental to surrounding properties because it will only consist of amendments to the General Plan Land Use Map. No developments are proposed as part of the Housing Element rezoning efforts. Furthermore, each future proposal on any of these sites will require a separate City review process. Any future proposed residential developments would be required to comply with applicable development regulations of the Zoning Ordinance, including those addressing minimizing potential effects on existing adjacent properties.
(c) The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments. The proposed General Plan amendments apply land use designations consistent with the zoning changes required as part of the 2023-2031 Housing Element. As such, the sites have been evaluated and deemed suitable for residential development as part of the Housing Element development process.
(d) The proposed amendment is in compliance with the provisions of the CEQA. An Initial Study/ Addendum to the Final Environmental Impact Report (ER2025-0026} for the project has been prepared pursuant to the CEQA, which found that potential impacts from implementation of the General Plan Amendment were previously analyzed and mitigated by the City of Fairfield General Plan Environmental Impact Report (SCH No. 2021080289}.

No new significant impacts have been identified; therefore, now further environmental review is required.

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RES. NO. PC2025-09

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Section 15. Based upon the above findings, the Planning Commission hereby recommends that the City Council approval of:
(a) Proposed General Plan Amendment (GPA2025-0003) and Zone Change (ZC2025-0006) as contained in Exhibit "A."
(b) Proposed Zoning Ordinance Text Amendment (ZC2025-0006) as contained in Exhibit "B." (c) Proposed General Plan EIR Addendum and Statutory Exemption (ER2025-0027, ER2025- 0026) as contained in Exhibit "C."
Section 16. This Resolution takes effect on the date of its adoption and shall be transmitted by Planning Commission staff to the City Clerk for placement on the City Council meeting agenda for consideration by the City Council.

PASSED AND ADOPTED this 10th day of December 2025, by the following vote:

AYES: COMMISSIONERS: KENNEDY /ALI-SULLIVAN/GREVE/~ -EW'S/PAUL/REESE/SI NGH NOES: COMMISSIONERS: -- ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

GEORGE KENNEDY, CHAIR

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Agenda Item No: K.2

AGENDA REPORT
DATE: February 3, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-19 PW Offsite Sewer Agreement County Asset Protection Project

Authorizing the City Manage r to Execute an Improvement Agreement for the Solano County Downtown Fairfield Justice Campus Off-Site Sanitary Sewer Improvements

Funding Source: N/A

Contact: Ryan Panganiban, (707) 428-7017

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
At the request of the County of Solano ( County), the City and Fairfield-Suisun Sewer District (District) have been collaborating to address existing sanitary sewer mains currently in conflict with an upcoming Asset Protection Project (Project) at the Solano County Campus. The recommended action authorizes execution of an Improvement Agreement (Agreement) with the County for the relocation of sanitary sewer improvements within the City’s public right-of-way.

DISCUSSION
The County is implementing the Solano County Campus Project, which includes the construction of low barrier walls, hydraulic gates, landscaped berms, and roadway ramps , at their facilities located at 530 and 600 Union Avenue. As part of this effort, the County is required to relocate portions of an existing sanitary sewer pipeline that conflicts with the planned Project. The sewer relocation will occur within the City’s public right -of-way along portions of Union Avenue, Clay Street, Texas Street, and Washington Street. The 8-inch sewer pipelines will be owned, operated and maintained by the City while the 18-inch trunk main will be the responsibility of the District.

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As the proposed work will be constructed within the City’s public right -of-way, execution of the Agreement Agreement) is required. Upon completion and acceptance of the sewer improvements, and before approval of the Clay Street right-of-way vacation, the County shall:

 Easements, Access, and Circulation - Provide public service easements along Clay Street and Delaware Street, including the Clay Street Ditch; construct access improvements in accordance with City standards, such as two new driveways and a vehicle turnaround/cul- de-sac; install non -through street signage; and ensure access for the City, District, and other utility providers (e.g., PG&E, AT&T, Comcast) through future vehicular gates to facilitate ongoing maintenance and emergency access.
 Utility Relocations a nd Infrastructure Improvements - Construct and reroute public storm drain improvements along Texas Street and Clay Street; decommission or abandon existing sewer manholes within the levee (including the use of cured-in-place pipe (CIPP) lining if removal is not feasible); and privatize on-site water utilities by installing backflow preventers at West Texas Street and Union Avenue.
 Operations, Maintenance, and Long -Term Responsibility - Assume maintenance responsibility for Clay Street and Delaware Street r oadways, streetlights, storm drain pump station, and security fencing; retain City and District maintenance responsibility for the Clay Street ditch, public sewer mains, backflow preventers, and on-site water meters; and submit a draft maintenance agreement to the City defining limits of responsibility for execution prior to right-of-way vacation.

The County anticipates bidding the off -site sewer improvements following approval of the Agreement. At this time staff do not have a construction schedule for when work will begin. The County will be responsible for conducting public outreach to notifying impacted stakeholders of the upcoming construction.

FINANCIAL IMPACT
Approval of the improvement agreement will have no fiscal impact on the City, as all costs for the off-site sewer work will be borne by the County.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
District staff were consulted during planning and design of the proposed off -site sewer relocations, and a similar item will be presented to the District Board for consideration on January

26. Similarly, the County is looking at presenting the agreement at the Board meeting on February

27. ALTERNATIVE ACTION
The City Council may choose not to approve the Agreement. If this action is taken, construction of the off -site sewer relo cation improvements would be delayed, and the County would be required to re -evaluate Project timing, coordination, and potential impacts to existing sanitary sewer infrastructure associated with the Project.

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COORDINATED WITH
City Attorney’s Office and the Fairfield-Suisun Sewer District

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director and City Engineer (707) 428-7017
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Agreement

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-19

AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR THE

SOLANO COUNTY DOWNTOWN FAIRFIELD JUSTICE CAMPUS OFF-SITE SANITARY SEWER

IMPROVEMENTS

WHEREAS, the County of Solano is implementing the Solano County Campus Asset Protection Project, which requires relocation of existing sanitary sewer infrastructure that conflicts with planned improvements, including construction of off -site sanitary sewer improvements within the City of Fairfield’s publi c right -of-way along portions of Union Avenue, Clay Street, Texas Street, and Washington Street; and

WHEREAS, since the proposed work will be constructed within the City’s public right -of-way, execution of an Improvement Agreement is required to estab lish terms and conditions for construction, inspection, bonding, indemnification, acceptance of improvements, ownership and maintenance responsibilities, and coordination with the Fairfield-Suisun Sewer District.

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

Section 1. The city manager is hereby authorized and directed to execute on behalf of the City of Fairfield that certain Improvement Agreement with County of Solano for the Solano County Downtown Fairfield Justice Campus Off-Site Sanitary Sewer Improvements, subject to review and approval by the city attorney.

Section 2. The city manager, or designee, is authorized to execute any related documents and do all things necessary and proper to implement the above-mentioned agreement and intent of this Resolution.

PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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CITY OF FAIRFIELD

IMPROVEMENT

AGREEMENT
Sewer Improvement Project
Solano County

THIS IMPROVEMENT AGREEMENT ("Agreement") dated ___________, 2026 (“Effective Date”) is made and entered into by and between the CITY OF FAIRFIELD, a municipal corporation, hereinafter referred to as "City," the FAIRFIELD -SUISUN SEWER DISTRICT, a special district organized and existing under the laws of the State of California, hereinafter referred to as District, and the COUNTY OF SOLANO, a political subdivision of the State of California, hereinafter referred to as "County," referred to together herein as “Parties” or individually as “Party.” The purpose of this Agreement is to set forth the respective obligations of the Parties with respect to coordination and discretionary approvals by the involved public entities relating to the proposed County Improvement.

R E C I T A L:

A. County has presented to City a plan for a sewer improvement project (the “Improvement”) located within the corporate limits of City, the plan having been prepared in accordance with the requirements of the Director of Public Works or their designee (“City Engineer ”) and the General Manager for the Fairfield-Suisun Sewer district or their designee (“District Engineer”).

A G R E E M E N T S:

The Parties hereto agree as follows:

1. The General Contractor: The City acknowledges and agrees that the County is not a licensed contractor, but that the County intends to contract with a licensed general contractor (the "General Contractor") who will construct and install the Improvement. The contract between the County and General Contractor for completion of the Improvement is referred to herein as the Construction Contract.

2. Performance of Work: Subject to the prior receipt of all required approvals, permits, entitlements, and authorizations from the City and any other applicable public agencies, County agrees to furnish, construct, and install at its own expense, or cause to be furnished, constructed, and installed, all the Improvement, as shown on the plans and specifications, a copy of which is on file in the Office of the City Engineer and is incorporated herein by reference, along with any changes and modifications as may be required by the City Engineer due to errors or omission on the plans.

3. Work; Satisfaction of the City Engineer: All of the work on the Improvement is to be done at the places, with the materials, and in the manner and at the grades, all

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as shown on the approved plans and specifications and the City's Standard Specifications and Details as authorized via Fairfield City Council Resolution 2014- 93, and to the satisfaction of the City Engineer and District Engineer.

4. Work; Time for Commencement and Performance: The Parties agree that County will perform the work according to the construction schedule attached as Exhibit B. At least fifteen (15) calendar days prior to the commencement of the work, the County shall notify the City Engineer in writing of the scheduled start date. This notice will allow the City Engineer to arrange inspection services and to hold a pre- construction meeting between the Parties.

5. Time of Essence; Extension: Time is of the essence in this Agreement, but the dates for commencement and completion of the work of construction may be extended pursuant to Section 6 of this Agreement. The City Engineer shall be the sole and final judge as to whether good cause has been shown to entitle County to an extension. Extensions shall not be unreasonably withheld.

6. Request for Extension; Granting : Requests for extension of commencement and completion date shall be in writing and shall be delivered to the City in the manner hereinafter specified for services of notices. Extensions, if granted, shall be in writing; an oral extension shall not be valid for any purpose whatsoever.

7. Extension; No Release of Obligations: In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension as shall be granted shall in no way release any guarantee given by the County pursuant to this Agreement, or to relieve or release those providing improvement security pursuant to this Agreement. The sureties in executing the bonds shall be deemed to have expressly agreed to any such extension of time.

8. Extension; Conditions: The granting of any extension may be conditioned upon the County providing the City with new or amended surety bonds in amounts increased to reflect increases in the costs of constructing the Improvement that have occurred prior to the granting of the extension or are likely to occur prior to the completion of work.

9. Improvement Security : Concurrently with the execution hereof, County shall furnish City:
(a) Improvement security in the sum of $4,041,400, which sum is equal to one hundred ten percent (110%) of the estimated cost of constructing the Improvement, rounded up, and the cost of any other obligation to be performed by County hereunder, securing the faithful performance of this Agreement.

(b) Separate improvement security in the sum of $ 2,020,700, which sum is equal to fifty-five percent (55%) of the estimated cost of constructing the Improvement, securing payment to the General

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Contractor, its subcontractors, and to person furnishing labor, materials, or equipment to them for the construction
Improvement.

(c) The form of the improvement security shall be subject to the approval of the City Attorney. Improvement security shall be reduced or released by the City only in the manner provided by the ordinances of the City. No change, alteration, or addition to the terms of this Agreement or the plans and specifications accompanying the same shall in any manner affect the obligation of those providing improvement security pursuant to this Agreement.

10. Engineering and Inspection Fee: The County shall:
(a) Pay to the City an engineering plan check fee of 1.35% of the total cost of the Improvement, as estimated by the City Engineer, less the initial plan check fee of one percent (1%) of the total cost paid upon submittal of improvement plans, rounded to the nearest whole number. The total amount of this fee due is:
(1.35% x $3,674,000) = $49,599.

(b) Pay to the City an engineering and inspection fee of five and a half percent (5.5%) of the total cost of the Required Improvements, rounded to the nearest whole number, as estimated by the City Engineer, being:
(5.5% x $3,674,000) = $202,070.

(c) Fee includes only items of work to be inspected by the City. It is understood that such fee covers only those inspections and engineering work performed by the City during the normal working hours of the City.

11. Hold Harmless Agreement:
(a) County will indemnify, hold harmless and assume defense of, in any actions of law or in equity, the City of Fairfield, Fairfield-Suisun Sewer District, officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of General Contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for General Contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the City of Fairfield or the Fairfield -Suisun Sewer District. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the work as well as during the work's progress.

(b) Acceptance of insurance certificates required under this Agreement does

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not relieve General Contractor from liability under this indemnity and hold harmless clause. This indemnity and hold harmless clause shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of County’s, its General Contractor's or any subcontractor's operations regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

(c) The City and the District will indemnify, hold harmless and assume defense of, in any actions of law or in equity, the County of Solano, its officers, employees, agents, and elective and appointive boards from all claims, losses, damage, including property damage, personal injury, including death, and liability of every kind, nature and description, directly or indirectly arising from the operations of the County of Solano, General Contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the County of Solano, General Contractor or any subcontractor, but not including the sole or active negligence or willful misconduct of the County of Solano. This indemnification shall extend to claims, losses, damages, injury and liability for injuries occurring after completion of the work as well as during the work's progress.

12. Limitation of Liability: To the extent permitted by law, in no event will the Parties or any of their contractors or suppliers be liable under or in connection with this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any consequential, incidental, indirect, exemplary, special, or punitive damages. This limitation includes the cost or replacement goods or services regardless of whether Parties were advised of the possibility of such losses or damages, or such losses or damages were otherwise foreseeable. The parties agree that the limitations and exclusions of liability and disclaimers specified in this agreement will survive termination. Notwithstanding the foregoing limitation, nothing in this Section 12 shall limit or exclude either Party’s liability for:
(a) Direct damages, including the actual costs of repair, replacement, cleanup, or remediation;
(b) Any amounts owed under Section 11;
(c) Any obligations under Section 25; or
(d) Any liability that cannot be limited or excluded under applicable law

13. Waiver of Warranties:
(a) General Disclaimer: Except as required by applicable law, Parties will not be responsible or liable for any inaccuracies in the data or the information provided under or in connection with this Agreement, all warranties, express or implied, statutory or otherwise, including without limitation, any warranty of fitness for a particular purpose, merchantability, good and workmanlike product or service or

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otherwise, are disclaimed by the Parties for any work, opinion, or information provided pursuant to or in connection with this Agreement.
(b) Preservation of Statutory Obligations. Nothing in this Agreement shall be construed to waive, limit, or disclaim any warranty, duty, or obligation imposed by California law.
(c) Contractor Warranties Preserved. This section does not affect the General Contractor’s warranties regarding workmanship and materials as required by Section 17 of this Agreement and applicable law.

14. Contractor's Insurance : The County shall not commence work under this Agreement or permit its General Contractor or any subcontractor to commence work thereunder until County shall have obtained or caused to be obtained all insurance required under this paragraph and such insurance shall have been approved by the City Engineer of City as to form, amount, and carrier. The insurance shall be maintained in force and effect until the completion of work under this Agreement and the acceptance thereof by the City. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. (a) WORKER'S COMPENSATION INSURANCE: The County shall obtain and maintain (or cause to be obtained and maintained) workers' compensation insurance for all the County and General Contractor employees employed at the site of improvement. Proof of a qualified self-insurance program is acceptable. County shall require any subcontractor similarly to provide workers' compensation insurance for all of the subcontractor's employees, unless such employees are covered by the protection afforded by the County or the General Contractor. In case any class of employees engaged in work under this Agreement at the site of the project is not protected under any workers' compensation law, the County shall provide and shall cause General Contractor and each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.

County hereby agrees to indemnify the City for any damage resulting to it from failure of General Contractor or any subcontractors to take out or maintain such insurance. The County shall provide the City Engineer with a certificate of insurance indicating workers' compensation coverage prior to engaging in any activity required by this Agreement.

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15. Liability Insurance: The County shall be responsible for maintaining a program of insurance or self -insurance, or any combination thereof, that shall cover its indemnification obligations as set forth in this Agreement. The County shall provide the City with certificates of self-insurance, or other documentation, which details the scope, limits, and forms of the County’s self- insurance coverage. The County agrees to provide the City with written notification of any changes in coverage applicable to this Agreement and shall do so within 30 days of the change or within ten days in the event the change results in the termination of coverage(s) applicable to this Agreement.

16. Title to Improvements : Title to and ownership of all improvements constructed hereunder shall vest absolutely in the City and the District upon completion and acceptance of such improvements by City.

17. Repair or Reconstruction of Defective Work: If, within a period of one year after final acceptance of the work performed under this Agreement, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by County, or any of the work done under this Agreement f ails to fulfill any of the requirements of this Agreement or the specifications referred to herein, the County shall without delay and without any cost to the City or District, repair or replace or reconstruct, or cause to be repaired or replaced or recons tructed, any defective or otherwise unsatisfactory part or parts of the work or structure. Should the County fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before County can be notified, the City or District may, at option, make the necessary repairs or replacements or perform the necessary work, and County shall pay to the City or District, as applicable the actual cost of such repairs.

18. Neither County nor General Contractor Are Agent of City or District: Neither the County nor General Contractor nor any of the County’s or General Contractor's agents or subcontractors are or shall be considered to be agents of the City or District in connection with the performance of the obligations under this Agreement.

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19. Remedies for Breach of Agreement. Should any Party form the opinion that another Party has breached, or is about to breach, any term of this Agreement, the Party concerned with the actual or potential breach shall notify the other Party of its concern in writing (email permitted) within ten days of learning of the alleged breach or anticipated breach. Upon receipt of notice, the Party accused shall have thirty days to cure the alleged breach. The alleging Party shall not unreasonably refuse to accept a timely and adequate cure.

20. Remedies if Party Fails to Undertake an Obligation Under this Agreement. If, after thirty days of communication and receipt of the notice described in Section 19 , the alleged breach has not been cured or avoided to the satisfaction of the Party asserting it, and a breach is determined to have occurred, the Party alleging it may seek judicial remedies by filing a breach of contract action in the Solano County Superior Court. Specific performance shall be the exclusive remedy for any proven breach, as determined by the Superior Court or of an appeal by a court of higher authority. This Agreement shall be admissible in any proceeding for its enforcement in accordance with Section 1118 and 1123 of the California Evidence Code.

21. Notice of Breach and Default: If during the course of the construction of the work on the Improvement, County refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extension thereof, or fails to obtain completion of the work within such time, or if County should be adjudged a bankrupt, or County should make a general assignment for the benefit of County’s creditors, or if a receiver should be appointed in the event of County's insolvency, or if County or its General Contractor or any of its subcontractors, agents, or employees should violate any of the provisions of this Agreement, City Engineer may serve written notice upon County and County's surety of breach of this Agreement, or of any portion thereof, and of default of County hereunder.

22. Breach of Agreement; Performance by Surety or City : In the event of any such notice in Section 21 , the County's surety shall have the duty to take over and complete the work and the improvement herein specified; provided, however, that if the surety within fifteen (15) days after the serving of such notice of breach upon it does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within fifteen (15) days after notice to City of such election, the City may take over the work and prosecute the same to completion by contract, or by any other method City may deem advisable, for the account and at the expense of the County, and the County’s surety shall be liable to City for any excess cost of damages occasioned City thereby; and in such event, City, without liability for so doing, may take possession of and utilize in completing the work, such materials, appliances, plant and other property belonging to County or its General Contractor as may be on the site of the work and necessary therefor. County shall cause the

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Construction Contract to include a provision implementing the rights of City pursuant to Section 18.

23. Notices: All notices herein required shall be in writing, and delivered in person or sent by registered mail, prepaid postage.

Notices required to be given to City shall be addressed as follows:

Fairfield City Hall, Attn: City Engineer
1000 Webster Street
Fairfield, CA 94533

Notices required to be given to District shall be addressed as follows:

Fairfield-Suisun Sewer District, Attn: General Manager
1010 Chadbourne Road
Fairfield, CA 94534

Notices required to be given to County shall be addressed as follows:

General Services Dept., Attn: Capital Projects Manager
County of Solano County
675 Texas Street, Suite 2500
Fairfield, CA 94533

Notices required to be given to surety of County shall be addressed as follows:

General Services Dept., Attn: Capital Projects Manager
County of Solano County
675 Texas Street, Suite 2500
Fairfield, CA 94533

Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

24. Oversizing: Public improvement oversizing and/or reimbursement as defined in City Code Chapter 6B, Chapter 10, Article IV, Sections 10.56 through 10.65; and Chapter 25, Article III, Section 25.166.79 through 25.166.81 is not applicable.

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25. Pollution Liability: The County is responsible for impacts from sanitary sewer spills associated with construction, including bypass pumping operations. The County’s liability for such sanitary sewer spills shall include, but is not limited to, cleanup and repair costs and any fines imposed by local, state or federal regulatory agencies in connection with such sanitary sewer spills. To the fullest extent permitted by law, the County shall also indemnify, defend and hold City and District harmless from any and all claims, which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, result from, or relate to sanitary sewer spills from the Improvement.

26. Additional Terms and Conditions: This Agreement is subject to the following additional terms and conditions (except as specifically provided otherwise):

(a) Conditions of Improvement : Following the construction of s ewer improvements and prior to approval of the right -of-way vacation for Clay Street, the County shall:
i. Provide public service easements on Clay Street and Delaware Street, that includes the Clay Street Ditch. The Clay Street ditch and sewer utilities will remain City-maintained.
ii. Construct public storm drain system in Texas Street and Clay Street, rerouting the public storm drain system within the County property.
iii. Remove or abandon the three (3) sewer manholes in the existing levee. If manholes cannot be removed, they should be
abandoned by CIPP lining the manholes and filled with material approved by the City.
iv. Privatize the public on -site water main by installing backflow preventers at the West Texas and Union Avenue right -of-way.

Onsite water meters will remain City-maintained.
v. Take maintenance responsibility of the streetlights along Clay Street.
vi. Provide City and FSSD access to the future vehicular gates to be installed in Clay Street and Delaware Street. FSSD and City requires “nose-in,” no turnaround access through Clay Street and Delaware Street. County shall construct vehicle turnaround/cul - de-sac at the vehicle gate in Clay Street.
vii. Construct two (2) new driveways, per the City standards, on Clay Street for City vehicles to access the ditch.
viii. Install street signage noting Clay Street and Delaware Street are not through streets.
ix. Submit to City a draft maintenance agreement, for execution between the County and the City, outlining limits of responsibility:

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• City = Clay Street ditch; sewer main within Clay Street; backflow preventers; and onsite water meters.
• County = storm drain pump station; Clay Street and
Delaware Street roadways; streetlights; and security
fencing.

27. Prohibited Interest: No employee of the City shall have any direct financial interest in this Agreement. This Agreement shall be voidable at the opinion of the City if this provision is violated.

28. Local Employment Policy: The City of Fairfield desires, wherever possible, to hire qualified local residents to work on city projects. Local resident is defined as a person who resides in Solano County.

The City encourages an active local employment preference program on the part of its contractors, consultants, and the County. When local projects require, subcontractors, contractors, consultants, and County will solicit proposals from qualified local firms where possible.

29. Prevailing Wage Policy. County shall ensure or cause to be ensured that all work performed under the Construction Contract complies with California prevailing wage requirements pursuant to Labor Code sections 1720 et seq., including but not limited to registration, certified payroll, and posting requirements.

30. Governing Law and Venue. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Solano Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Eastern District of California.

31. Severability. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement.

32. Warranty of Authority. Each of the person signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the Party indicated, and each of the Parties by signing this Agreement warrants and represents that such Party is legally authorized and entitled to enter into this Agreement.

33. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. No other promises, agreements, or statements between the Parties shall be binding unless made in writing and signed by all Parties hereto. Each Party acknowledges that no other Party, no r any agent or attorney of any other Party, has made any promise, representation, or warranty whatsoever, express or

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implied, that is not expressly contained in this Agreement. Each Party further acknowledges that it has not executed this Agreement in reliance upon any collateral promise, representation, or warranty.

34. Amendments. This Agreement cannot be changed or supplemented orally and may be modified or superseded only by written instrument executed by all Parties.

35. Cooperation. The Parties agree to do all things necessary, and to execute all further documents necessary and appropriate, to carry out and effectuate the terms and purpose of this Agreement.

36. Termination. This Agreement shall continue in effect from its Effective Date until the earlier of the following dates: a) the first date when all of the Parties’ obligations under this Agreement have been fully satisfied; or b) the Parties agree in writing to terminate this Agreement.

37. Binding Effect. This Agreement is for the benefit of and shall be binding on all Parties and their successors, assigns, heirs, executors, administrators, predecessors, partnerships, employees, attorneys, insurers, sureties, agents, representatives, directors, officers, receivers, trustees, and stockholders.

38. Execution in Counterparts. This Agreement may be executed in several counterparts and shall be deemed legally effective at such time as counterparts thereof duly executed on behalf of all Parties have been furnished and delivered to the attorneys for the Parties to this Agreement. S igned copies and facsimile versions of this Agreement shall have the same force and effect as signature of the original. Signatures may be transmitted electronically.

[SIGNATURES ON FOLLOWING PAGE]

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By:

City Clerk
By:

By: Fairfield-Suisun Sewer District,
District Clerk a California special district
By:

General Manager
Solano County
a political subdivision of the State of
California
By:

Name:

Title:

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite its respective signatures.

Dated: City of Fairfield,
a municipal corporation
ATTEST:

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Solano County Downtown Fairfield Campus Asset Protection Project Offsite Sanitary Sewer Improvements – 60% Design Submittal – FSSD Review Attachment “A” – Sanitary Sewer Bypass Provisions

The County shall enter into an agreement with the District that outlines the County’s responsibilities related to administration and oversight of the bypass operations, spill response and liability, and indemnification.

The County shall be liable for damages associated with this Work, including fines imposed on the District for spilled sewage due to failure of the sanitary sewer bypass system.

County shall pay fines and reimburse the District for costs associated with emergency cleanup efforts. County is also responsible for payment of costs associated with legal actions related to failure of the sanitary sewer bypass system.

District’s approval of submitted plans for sewer connection and temporary rerouting shall in no way relieve the County of their responsibility for the protection of adjacent properties, downstream drainage systems, and water tributaries against sewage spill. Any litigation, claims, fines, etc. associated with any sewage spill shall be the responsibility of the County.

• It is the County’s responsibility to arrange all necessary access and temporary construction agreements with all affected parties for the location of the bypass pumping system.
• Bypass operations shall only occur between the dates of April 15 and October 15, and only when flow conditions are below peak levels. The Asset protection project schedule shall be established and administered to meet this requirement. • Dumping of sewage, free flow of sewage, or leaking or dripping of sewage from bypass equipment, hoses, or pumps into private property, gutters, streets, sidewalks, or into storm drains, creeks, wetlands, or habitat is prohibited. Flushing sewage from spills or from bypass equipment leakage into storm drains, creeks, or sloughs is prohibited.

• County is responsible for immediate and proper cleanup should any spill occur, regardless of amount. Bypassing of untreated or partially treated wastewater to surface waters or drainage courses will not be permitted during construction.

Bypassing of untreated wastewater to surface waters and drainage courses will result in assessment of any and all costs incurred by the District for the remedial actions. The County and County’s contractors shall comply with all State and Federal regulations.

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• The County shall begin clean-up efforts immediately if untreated or partially treated wastewater enters a natural water or drainage course. In addition, the Contractor will be required to notify the District, Engineer and, subsequently, the California Regional Water Quality Control Board at 510 -622-2300 and be prepared, at that time, to fully describe the nature of the spill and the cleanup efforts that are being undertaken to mitigate the spill.
• Notification and response procedures shall be consistent with the California State Water Resources Control Board's Statewide General Waste Discharge Requirements General Order for Sanitary Sewer Systems adopted on December 6, 2022.

• The County shall repair without cost to the District damage that may result from its or its Contractor(s) negligence, inadequate or improper installation, maintenance and operation of bypassing and a dewatering system including mechanical or electrical failures.

If bypass is to occur prior to permanent diversion of offsite flows away from the site, add the following minimum Contractor requirements to the drawings sheet:
• The actual design of the bypass arrangement and alignment shall be prepared by the Contractor and shall be submitted to the Engineer to determine conformance to project objectives. Means and methods of accomplishing the bypassing shall be the responsibility of the Contractor.
• By-pass pumping systems provided by the Contractor shall be designed by a California registered professional engineer.
• Sanitary sewer mains shall remain in service at all times throughout the duration of the project. Contractor shall be responsible for diverting flow away from the limits of construction through the use of bypass pumping or flow diversions with prior written approval by the Engineer.
• The Contractor is responsible for obtaining current flow condition information at the time of construction. The Engineer and District are not responsible for any deviations in quantity of sewage flow at any time during the construction period.

Higher flows may be encountered depending on weather and other upstream conditions.

• In areas where flows are bypassed, all bypass flows shall be discharged as approved by the Engineer. No bypassing to the ground surface, receiving waters, storm drains, or bypassing which results in soil or groundwater contamination or any potential health hazards shall be permitted.

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• The Contractor shall test each bypass system at least two calendar days prior to bypassing sewage. The Contractor shall perform leakage and pressure tests of the bypass system piping using water prior to the actual operation. This test must last at least 24 hours. The pressure and leakage test shall be conducted at 1.5 times the maximum operating pressure of the system for a period of two hours. No leakage is permitted during this test. The test shall be performed in the presence of a District and County representative.

• Bypass operations shall only occur between the dates of April 15 and October 15, and only when flow conditions are below peak levels.
• The Contractor shall notify Engineer and District 48 hours prior to shutting down or bypassing the pipeline.
• No new manholes will be allowed to facilitate bypassing operations. • Contractor shall utilize staff and/or a subcontractor that has been directly responsible for completion of a bypass pumping of sewage flows in excess of 5 MGD. • The Contractor shall submit drawings and complete design data showing methods and equipment they propose to utilize in sewer bypassing for approval by the Engineer and District. The submittal shall include the following information:

o Sewage diversion plan including:
 Sequence of diversion implementation.
 Drawings indicating the scheme and location of temporary sewer plugs and bypass discharge lines including diameter and size. The drawings shall also show the method and location for discharging the bypass lines.
 List of manholes to be monitored as part of system check for sewer bypassing.
 Provide pump performance curves, capacity of pumps and standby equipment.
 Show suction and discharge points with elevations & stationing on the design plans.
 An emergency action plan to be followed in the event of failure of the diversion system or sewer pipeline being surcharged to an unacceptable level. This shall include provisions for suspending or abandoning work underway at the time the plan is executed. The plan shall include how plugs or other flow restrictions will be removed from the sewer or how additional flow will be mitigated.

 Capacities of pumps, prime movers, and standby equipment.  Design calculations proving adequacy of the system and selected equipment.

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-16-

 Calculations to verify suction lift of pumps will not be exceeded.  Power Plan: Primary and Standby power sources, including data sheets for generator equipment and location of Pacific Gas and Electric (PG&E) Company power pole for power drops as applicable.  Staffing plan that identifies and designates full -time responsible personnel for Contractor that will be responsible for monitoring the diversion system and have the ability to correct problems with the diversion system.
 Proposed noise control and exhaust control plans for pumping equipment.
 Bypass piping testing and inspection plan.
 Spill Plan: Sewer spill prevention plan shall include, but is not limited to, flushing, cleaning, disassembling, handling and removal of bypass system. Spill prevention plan shall include the emergency response plan to be followed in the event of a bypass pumping system failure.

The spill prevention plan shall include standby pumps. Devices and materials proposed for spill containment shall be submitted for acceptance.
o Design Criteria:
 The system of pumps and piping shall be of adequate capacity to accommodate 150% of the anticipated maximum sewage flow. The bypass system shall include 100% redundancy, 24 -hour backup pumping equipment/generator, emergency contact numbers, qualified personnel to provide continuous supervision of bypass pumping system, traffic control, surface pipe restrictions to accomplish bypass pumping operation. Standby pumps shall be fueled and operational at all times.

 A minimum of one additional (spare) pipeline shall be constructed and plumbed for immediate operation that is equal in diameter to the largest pipe size in use for the bypass setup.
 Bypass system velocities may not exceed 12 feet per second.  The bypass pumping system shall be designed to normally maintain the wastewater flow below the top of the pipe, without surcharging.  All surface bypass piping shall be fused HDPE piping. The sewage flow control piping shall be completely leak free. Any drips or leaks shall be repaired by the Contractor immediately and all leaked material collected, and the area cleaned. Dimension Ratio (DR) rating of the pipe shall be sufficient to withstand the external and internal loads

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-17-

anticipated, including pressure tests. HDPE fittings shall be pressure rated to match the pipe DR pressure rating. Hoses for sewage bypassing shall be leak -proof flexible hose. Hoses shall be secured in place to prevent discharge of sewage anywhere besides a sanitary sewer manhole.
 Pumps and generators used during bypass operations shall be sound attenuated and shall not exceed applicable noise decibel limits per County and City noise ordinances.
 For electrical power, it is acceptable to use diesel generators or an electrical power drop. Contractor is responsible for coordinating directly with PG&E and providing standby power if a power drop is used.

 Systems shall have solids handling design with ability to pump minimum 3-inch diameter sphere.
 Provide necessary start/stop controls for each pump. System shall be able to run dry for long periods of time to accommodate cyclical nature of flows.
 Pumps shall be fully automatic, self-priming units that do not require use of foot valves or vacuum pumps.
o Execution and Monitoring:
 The Contractor shall take all necessary precautions including constant monitoring (24 hours per day, 7 days per week continuous monitoring by on-site Contractor personnel while sewage flow control system is in place) of sewage flow, control pumping, and diversion plug or bulkhead to ensure that there are no sewage spills and no upstream properties are subjected to a sewage backup. The Contractor shall be responsible for providing the appropr iate and required amount of personnel for monitoring of entire bypass system. Monitoring personnel shall be qualified with a minimum of 3 years of experience in the specified bypass pumping operations. The person responsible for system monitoring shall have no other job or responsibility except for the monitoring and maintaining of the sewage flow control system.

 The Contractor shall inspect the entire bypass pumping and piping system for leaks or spills on an hourly basis. The Contractor shall also create an inspection log and shall enter the time of the inspections and the condition of the piping and the name of the inspector into the log for review by the Engineer and District.

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 A visual and audible alarm system shall be installed to notify the Contractor when the pumps fail to operate and to signal high level upstream of the bypass point. High-level setting shall be a minimum of 5 feet deep to the water level from the ground surface at upstream manhole with lowest rim elevation. In the event of pump failure or alarm, the Contractor shall immediately evacuate excavations until the bypass system is operational. The Contractor shall immediately notify the Engineer and the District should a sanitary sewer overflow (SSO) occur.
 The bypassing system shall not be shut down between shifts, on holidays or weekends, or during work stoppages without written permission from the Engineer and District.
 Plugs shall withstand anticipated upstream differential head without leakage or displacement. A watertight seal is required to prevent sewage from entering the work area. The Contractor shall provide double bulkheads and plugs, both able to withstand upstream head, upstream of locations where persons will be entering the sewer and at all full flow diversions. Contractor shall coordinate installation and removal of bulkheads and plugs with the Engineer and District.  The Contractor shall maintain on site a sufficient number of valves, tees, elbows, connections, tools, sewer plugs, piping, hoses and other parts of system hardware to ensure immediate repair or modification of any part of the system as necessary.

 All generators or pumps shall be fueled at all times. All pumps, generators, and fuel shall be stored in double containment to eliminate possibility of fuel spills to ground surface.

 Prior to breaking down bypass piping, Contractor shall clean piping with potable water. All contents within bypass discharge piping shall be discharged into the sanitary sewer system prior to dismantling the bypass discharge piping system. Any water used for cleaning temporary flow diversion piping, plugs, or bulkheads shall be discharged to the sewer and shall not be discharged to any ground surface, private property, storm sewer, creek or flood channel.

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Exhibit B
Construction Schedule

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Exhibit C
I

MPROVEMENT AGREEMENT CHECK LIST
SUBDIVISION: Sewer Improvement Project
O
WNER: Solano County
ADDRESS: General Services Department, 675 Texas Street, Suite 2500, Fairfield, 94533 C
OUNCIL MEETING DESIRED: January 20th, 2026
S
UBMISSION DEADLINE: 12 PM, December 17th, 2025

DESCRIPTION QUANTITY UNIT COST AMOUNT RECD BY DATE
Plan Check Fee (less initial PC) 1.35% $3,674,000 $28,889 Engineering/Inspection Fee 5.5% $3,674,000 $202,070
FSSD Plan Check Fee 1 N/A N/A
TOTAL: $230,959
Civil Engineer's Estimate $3,674,000
Faithful Performance Bond 110% $4,041,400
Labor and Materials Bond 55% $2,020,700
Insurance Certificate $3 Million
Signed Agreement
Construction Plans
Executed Copies Provided to: City
Manager
City Engineer
County Capital Projects Manager

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Agenda Item No: K.3

AGENDA REPORT
DATE: February 3, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-20 PW Submission of Grant Applications for Vanden Roa d and New Canon Road

Authorizing the Submission of Grant Applications to Federal and State Agencies for the Vanden Road Widening (Jepson Parkway Phase 2B and 2C) and New Canon Road Overcrossing Projects

Funding Source: N/A

Contact: Ryan Panganiban, (707) 428-7017

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City is advancing design and permitting for the Vanden Road Widening and the New Canon Road Overcrossing (Projects), which are critical to improv ing regional connectivity, safety, and access to future development in northeast Fairfield. To maximize the use of external funding and reduce reliance on local monies, staff are actively pursuing competitive federal and state grant opportunities. This resolu tion authorizes the city manager, or his designees, to prepare and submit grant applications to eligible federal and state funding programs for which these projects may qualify, and to execute all related agreements, certifications, and documents necessary to support such applications.

DISCUSSION
The proposed Projects realign approximately 2.2 miles of existing Vanden Road and New Canon Road and upgrade a narrow two -lane roadway to current design and safety standards. The Projects incorporate new bike lane s, sidewalks, traffic signals, and lighting to support active transportation and multimodal connectivity. A key component of the Projects is a new grade - separated overcrossing of the Union Pacific Railroad at Vanden Road and New Canon Road, which will improve rail and roadway safety by eliminating an at-grade conflict between trains, vehicles,

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cyclists, and pedestrians. As demonstrated in Exhibit A, the general location of the proposed projects is illustrated by the accompanying map.

The Projects provide a more direct and reliable route between Vanden Road and Travis Air Force Base, which is Solano County’s largest employer and a critical national defense installation. Once completed the Projects significantly improve mobility for military personnel, civilian employees, freight movement, and emergency response. In addition, the Projects will unlock access to approximately 286 acres of industrial land, supporting up to 4.3 million square feet of new industrial development and the creation of high-quality jobs. The Projects are located less than a mile from the Fairfield-Vacaville Hannigan Train Station and reinforce the integration of rail investments with land use, economic development, and transportation planning goals.

Grant Funding
In December 2025 , the Federal Railroad Administration (FRA) released a Notice of Funding Opportunity (NOFO) for the fiscal years 2024–2025 Federal-State Partnership (FSP) for Intercity Passenger Rail (FSP) Program. The total funding available under this NOFO is up to $5.07 billion.

The FSP Program allocates federal funding to improve passenger rail assets nationwide. The FSP program supports initiatives aimed at improving safety, including grade crossing enhancements, reducing the backlog of projects needed to maintain the system in a state of good repair , enhancing overall system performance , and expanding or establishing new intercity passenger rail services.

The Projects include a grade -separated crossing over an active passenger rail corridor and are well-aligned with the objectives of the FSP Program. Working in coordination with regional partners, including the Solano Transportation Authority (STA) and the Capitol Corr idor Joint Powers Authority (CCJPA), the City intends to submit a grant application for this program prior to the established deadline.

This resolution provides the necessary authorization for city staff to efficiently pursue this and future federal and s tate funding opportunities for the Projects without requiring additional council action for each individual application.

FINANCIAL IMPACT
Adoption of this resolution does not have an immediate fiscal impact, as it authorizes the submission of grant applic ations only and does not commit the City to accept funding or expending local monies at this time.

The preliminary construction cost estimate for the Projects is $112 million. A typical requirement of federal and state grant programs is the provision of a local funding match, which generally ranges from 11% to 25% of the total project costs. Based on the current estimate, the anticipated local match could range from approximately $12.3 million (11%) to $28 million (25%). The City’s share of the local funding match is anticipated to be provided through a combination of development-related funding sources, including regional, citywide, and northeast Fairfield development impact fees, as well as other developer contributions. These funding sources are

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contingent upon continued residential and industrial development activity, including strong residential home sales, and will be collected over time as development occurs.

If grant funding is awarded, City staff will return to the City Council with detailed funding agreements and budget actions that clearly outline the Projects’ financial obligations, including the required local match and any associated terms and conditions.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to adopt the resolution, which would result in the City being unable to submit grant applications for the Projects and may delay or limit opportunities to secure external funding.

COORDINATED WITH
Solano Transportation Authority and Capitol Corridor Joint Powers Authority

STAFF CONTACT
Ryan Panganiban, Assistant Public Works Director and City Engineer (707) 428-7017
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Exhibit A – Project Map

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-20

AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS TO FEDERAL AND STATE AGENCIES FOR THE VANDEN ROAD WIDENING (JEPSON PARKWAY PHASE 2B AND 2C) AND NEW CANON

ROAD OVERCROSSING PROJECTS

WHEREAS, the City is advancing the Vanden Road Widening and the New Canon Road Overcrossing Projects (Projects), which are critical transportation infrastructure improvements that enhance safety, regional connectivity, multimodal access, and support planned growth in northeast Fairfield; and

WHEREAS, the City routinely pursues federal and state grant opportunities to leverage local funding sources and accelerate the delivery of capital improvement projects; and

WHEREAS, various federal and state agencies, including but no t limited to the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), California Department of Transportation (Caltrans), and other funding partners periodically offer competitive grant programs for which the Projects may be eligible; and

WHEREAS, many federal and state grant programs require authorization by the City Council to submit applications and execute related certifications and documents; and

WHEREAS, adoption of this resolution does not commit the City to accept any grant funds or expend local funds but authorizes City staff to pursue eligible funding opportunities.

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

Section 1. The city manager, public works director, and city engineer are hereby authorized to prepare, execute, and submit grant applications to eligible federal and state funding programs for which the Projects may qualify.

Section 2. The city manager, public works director, and city engineer, are further authorized to execute all related documents, certifications, and assurances necessary to support such grant applications, including amendments or supplemental documentation required by the funding agencies.

Section 3. Acceptance of any grant funding and commitment of local matching funds, if required, shall be subject to future City Council approval through separate funding agreements or budget actions.

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RES. NO. 2026-20

Page 2 ends

Section 4. The city recognizes that it will be responsible for compliance with all applicable federal and state grant requirements, assurances, and laws should grant funding be awarded and accepted.

PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:

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

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

MAYOR

ATTEST:

____________________________

CITY CLERK

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MANUEL CAMPOS PARKWAY
NEW McCRORY ROAD
27 22
23 284
12 5
10 14
3 31
35 24
NEW
21 PEABODY ROAD
2 15
42 8 26
16 9
30 3
11 32
1 25
29 34
37 39
33 38
40 41
44 CAMPOS
45 6
3A
2 6
5 4
1A
ROAD

VANDEN ROAD

WALTERS ROAD
48 7
CANON

PEABODY ROAD
NEW
CANON
ROAD

PARKWAYMANUEL
17B
17A
18 19
LEGEND:

NORTHEAST AREA FEE BOUNDARY

ON-SITE ROAD TO BE IMPROVED AS PART OF

BACKBONE INFRASTRUCTURE WORK
1 APPENDIX A REFERENCE

LINEAR PARKS ROAD TO BE IMPROVED AS PART OF

BACKBONE INFRASTRUCTURE WORK
DATE: MARCH 23, 2017
0' 3,000'1,000' 4,000'
1" = 1,000'SCALE:

NORTHEAST AREA FEE

PROJECT SUMMARY

CITY OF FAIRFIELD SOLANO COUNTY CALIFORNIA G:\1668\1668-01\ACAD\EXHIBITS\XB-1_PROJECT SUMMARY.DWG
5/18/2017 4:21 PM
& Gibson, Inc.

Carlson, Barbee
SAN RAMON, CALIFORNIA 94583
2633 CAMINO RAMON, SUITE 350

CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866-0322
www.cbandg.com OF SHEETS
SHEET NO.
1 1

MANUEL CAMPOS PARKWAY
2 DOVER TO MYSTIC
3 MYSTIC TO DICKSON HILL - PHASE 1
4 MYSTIC TO DICKSON HILL - PHASE 2
5 DICKSON HILL TO CLAY BANK
6 CLAY BANK TO PORTLAND DRIVE - PHASE 1
7 CLAY BANK TO PORTLAND DRIVE - PHASE 2
8 PORTLAND DRIVE TO WALTERS - PHASE 1
9 PORTLAND DRIVE TO WALTERS - PHASES 2 AND 3
10 WALTERS TO NOONAN - PHASE 1
11 WALTERS TO NOONAN - PHASE 2
12 NOONAN TO PEABODY

VANDEN ROAD
14 PEABODY TO WEST COLLECTOR
15 WEST COLLECTOR TO LAKE ENTRANCE
16 LAKE SIGNAL TO PHASE 2A LIMIT
17A PHASE 2A LIMIT TO SOUTH SIDE OF EMBANKMENT
17B SOUTH SIDE OF EMBANKMENT TO NEW CANON
18 NEW CANON TO NORTH SIDE OF EMBANKMENT
19 NORTH SIDE OF EMBANKMENT TO CITY LIMIT

PEABODY ROAD
21 AIR BASE PARKWAY TO DOBE LANE
22 DOBE LANE TO HUNTINGTON
23 HUNTINGTON TO NEW MARKELEY
24 NEW MARKELEY TO VANDEN
25 UPRR OVERCROSSING
26 VANDEN TO 350' PAST VANDEN
27 350' PAST VANDEN TO INTERSECTION #44
28 INTERSECTION #44 TO INTERSECTION #45
29 INTERSECTION #45 TO LINEAR PARK
30 LINEAR PARK TO PUTAH SOUTH CANAL
31 PUTAH SOUTH CANAL BRIDGE
32 PUTAH SOUTH CANAL BRIDGE TO CHUCK HAMMOND DRIVE
33 CHUCK HAMMOND DRIVE TO McAVENIA DRIVEWAY
34 McAVENIA DRIVEWAY TO NEW CANON ROAD
35 NEW CANON ROAD TO CITY LIMITS

NEW CANON ROAD
37 PEABODY TO PUTAH SOUTH CANAL
38 PUTAH SOUTH CANAL TO RESIDENTIAL COLLECTOR
39 RESIDENTIAL COLLECTOR TO VANDEN
40 VANDEN TO McCRORY
41 McCRORY TO END OF INDUSTRIAL
42 END OF INDUSTRIAL TO NORTHGATE
McCRORY ROAD EXTENSION
44 NEW CANON TO INDUSTRIAL
45 INDUSTRIAL TO OLD McCRORY ROAD

WALTERS ROAD
48 AIR BASE PARKWAY TO MANUEL CAMPOS PARKWAY

LINEAR PARKS
1 CLAY BANK TO PORTLAND
1A PORTLAND TO MANUEL CAMPOS/WALTERS
2 WALTERS TO PEABODY
3 PEABODY TO LAKE TRAIL
3A LINEAR TRAIL TO VANDEN
4 VANDEN TO CENTER SCHOOL
5 LAKE TRAIL TO NEW CANON
6 VANDEN PEDESTRIAN BRIDGE
PROJECT LIST:

Vanden Road Widening
Improvements and New
Canon Road Overcrossing
Exhibit A

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Agenda Item No: K.4

AGENDA REPORT
DATE: February 3, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-21 PW Lee Bell Prefabricated Award

Approving the Plans and Specifications Awarding the Lee Bell Prefabricated Restroom Project to Globe Engineering Development and Authorizing an Update to the 2025-2026 Budget

Funding Source: $267,000; Parks Capital Project Fund

Contact: Marisa Cumpian, (707) 428-7494

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The proposed Lee Bell Prefabricated Restroom Project (Project; CPW050118) has been allocated $701,173 in funding through the Community Development Block Grant (CDBG) to support the installation of a public restroom at Lee Bell Park (Lee Bell). The resolution awards a contract to Globe Engineering Development (GED) for the purchase and delivery of one prefabricated restroom building in the amount of $267,000. A separate bidding process is currently in progress to select a contractor for the required sitework and installation.

DISCUSSION
Many of the City’s public park restroom facilities are aging, outdated, and have been subject to vandalism, making maintenance increasingly challenging and costly. To address these issues and provide better facilities for the public, staff have worked with maintenance and Police personnel to develop standards for new restroom facilities. This effort resulted in a standardized performance specification for a modular restroom design that is compliant with the A mericans with Disabilities Act (ADA), vandal resistant, more cost-effective, easier to maintain, and provides greater security. The intent is to implement this new restroom design throughout the City , as new park restroom facilities are installed, or existing restrooms need to be upgraded. Lee Bell has been identified as a location for installation.

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The bid specifications included the purchase of one restroom building under this contract, to be installed at Lee Bell. These restroom units are designed to b e portable and can be relocated as needed, making them a great asset to the City’s changing park needs.

Bids for this Project were opened on January 7, 2026. Four vendors submitted bids and ranged between $267,000 and $290,000. The Engineer’s Estimate fo r the Project was $250,000. The lowest bidder was GED of Fairfield, California. GED is appropriately licensed in the State of California to perform this type of work and demonstrates adequate experience. Staff have reviewed their bid documents and found them to be complete and compliant with no exceptions noted and properly acknowledging both Addendum No. 1 and Addendum No. 2.

On January 12, 2026, the Public Restroom Company (PRC) filed a bid protest challenging the City's proposed award of the Lee Bell Park Prefabricated Restroom Project to Global Engineering Development (GED). PRC contends that GED's bid is non-responsive because GED proposes panelized construction rather than modular construction.

PRC's primary contentions are:

1. The specifications require a factory-built modular unit delivered as a single piece, and panelized construction does not qualify as "prefabricated”

2. The specifications require a pre-cast foundation shipped physically attached to the building

3. The specifications require single lift relocatability without disassembly

4. The terminology "erection or placement" applies exclusively to modular construction

5. GED's proposal does not qualify as an "approved equal" to PRC's modular product

6. Addendum No. 2 requires all mechanical and electrical systems to be 100% factory- installed before shipment

Staff, in coordination with the City Attorney's office, have conducted a thorough review of the contract documents, including the original specifications, Addendum No. 1 that was published on December 15, 2025, Addendum No. 2 that was published on December 23, 2025, plan sheet L1.0, and both bidders' submittals. Staff find GED’s proposal is responsive. Therefore, staff rejects PRC’s bid protest Staff has completed a comprehensive review of the protest allegations and recommends denial of the protest.

Staff therefore recommends that the City Council award the contract to GED as the lowest responsive and responsible bidder. A separate bidding process to perform the necessary sitework and installation is underway.

FINANCIAL IMPACT
The construction for this Project was originally scheduled for fiscal year (FY) 2026-2027. However, due to CDBG funding require ments that all funds be fully expensed by early 2027 , the

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construction timeline has been pushed forward. The total amount for the prefabricated restroom is $293,700, which includes the bid amount of $267,000 plus a $26,700 contingency.

This will not fully utilize the available CDBG funding. Site work will be bid separately and will also utilize the remaining CDBG funding. A budget adjustment is ne cessary to reallocate the construction expenses to FY 2025 -2026 and update the funding sources, including $701,173 to CDBG and Bedroom Tax (Fund 165) for $48,827. The total cost of the Project as approved will not change. Funding for the Project is allocated under the Parks Capital Project Fund (Fund 251).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
A notice inviting bids for this Project was advertised in the Daily Republic newspaper. In addition, the staff mailed a notice of the Project and complete bid package to a total of nineteen builder’s exchanges covering the area from Redding to San Jose and Stockton to Santa Rosa. A total of 4 contractors purchased bid documents for this project.

ALTERNATIVE ACTION
The council may reject the bid and not award the Project. This is not recommended as this may place the City out of complianc e with the Department of Housing and Urban Development’s timelines requirement for delivering the Project. This will lead to the City losing grant funds for the Project and risking future funding from the CDBG program.

COORDINATED WITH
Parks & Recreation Department, Police Department and City Attorney’s Office

STAFF CONTACT
Marisa Cumpian, Sr. Management Analyst
(707) 428-7494
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Bid Results
Attachment 4: Bid Protest – Public Restroom Company
Attachment 5: Bid Protest Response – GED
Attachment 6: Bid Protest Response – City of Fairfield

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-21

APPROVING THE PLANS AND SPECIFICATIONS AWARDING THE LEE BELL PREFABRICATED

RESTROOM PROJECT TO GLOBE ENGINEERING DEVELOPMENT AND AUTHORIZING AN UPDATE TO THE 2025-2026 BUDGET

WHEREAS, many of the City’s public park restroom facilities are aging, outdated, and have been subject to vandalism, making maintenance increasingly challenging and costly; and

WHEREAS, staff have determined that a prefabricated restroom building will meet City standards and identified Lee Bell Park as a location for installation; and

WHEREAS, the bid opening for the Lee Bell Prefabricated Restroom Project (Project; CPW050118) took place on January 7, 2026; and

WHEREAS, the City determined that Globe Engineering Development (GED) to be the lowest - priced responsive and responsible bidder; and

WHEREAS, on January 1 2, 2026, the Public Restroom Company (PRC) filed a bid protest challenging the City's proposed award of the Lee Bell Park Prefabricated Restroom Project to GED as they contend that GED's bid is non-responsive as GED proposes panelized construction rather than modular construction.; and

WHEREAS, staff, in coordination with the City Attorney's office, have conducted a comprehensive and thorough review and recommend rejecting the protest; and

WHEREAS GED has agreed to enter into an agreement directly with the City to provide one prefabricated restroom building; and

WHEREAS, the construction for the Project was allocated for fiscal year (FY) 2026-2027 and will need to be brought forward to FY 2025-2026 due to CDBG funding requirements; and

WHEREAS, funding sources must be reallocated in FY 2025 -2026 Budget for the Project, thus requiring a $701,173 budget reallocation for the Community Development Block Grant (CDBG) and $48,827 for the Bedroom Tax Fund (Fund 165); and

WHEREAS, the revised appropriation constitutes an update to the FY 2025 -2026 budget approved pursuant to Resolution No. 2025-103.

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RES. NO. 2026-21

Page 2 ends

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

Section 1. The plans and specifications for the Project are hereby approved.

Section 2. The city manager is authorized to enter into a contract with GED for the Project in the amount of $267,000.

Section 3. The director of public works is hereby authorized to execute and administer change orders for an amount not to exceed the 10% contingency of the agreement value in the amount of $26,700.

Section 4. The council hereby approves a budget adjustment to reallo cate funding to $701,173 of CDBG funds and $48,827 of Bedroom Tax Fund (Fund 165).

Section 5. The council hereby approves an update to the project (CPW050118) to move construction costs and funding from FY 2026-2027 to FY 2025-2026.

Section 2. The city m anager or designee is hereby authorized to implement the above- mentioned contract.

PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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City of Fairfield
Public Works Department

Lee Bell Park Prefabricated Restroom Project CDBG
2025

NAME OF PROJECT
January 7, 2026, 2:00 p.m.

DATE OF BID

NO. BIDDER AMOUNT
1 Globe Engineering Development Fairfield, CA $267,000
2 The Public Restroom Minden, NV $269,339
3 Greentech Industry, Inc Pleasant Hill, CA $287,777
4 Swierstok Enterprise/dba Pro
Builders Orangevale CA $290,000
5 6
7 Engineer’s Estimate $250,000
Note: This bid summary shows the bids in order as opened but is not a determination of award, responsiveness, or responsibility of bids received. The values computed are values based on staff’s interpretation of the bids, correction of mathematical errors and assumptions made where ambiguous and/or illegible entries are encountered during the review process.

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1 Project: Lee Bell Park Prefabricated Restroom Project CDBG 2025 Solicitation No.: CPW050118
Awarded Contractor: Global Engineering Development
Protesting Party: Public Restroom Company
Date: January 12th, 2026
To: Marisa Cumpian, Sr. Management Analyst / Public Works Department Ryan N. Panganiban, City Engineer/Assistant Director of Public Works Public Restroom Company (“PRC”) hereby submits this formal post-award bid protest pursuant to the governing procurement rules for the above-referenced project.

PRC respectfully protests the award of the contract to a bidder proposing a site-built restroom structure, on the grounds that such a proposal is materially non-responsive to the mandatory requirements of the Contract Documents.

1.BASIS OF PROTEST — MATERIAL NON-RESPONSIVENESS
The published specifications require a factory-built, prefabricated modular restroom building with an integral transportable foundation. The awarded bidder’s proposal does not comply with these requirements and therefore should have been rejected as non-responsive.

The Contract Documents require, among other things:

1. A prefabricated restroom building
The specifications expressly call for “furnishing and installing all items necessary to fabricate and install a prefabricated restroom building.”

2. An integral prefabricated foundation
The documents require “a prefabricated 8-inch-thick monolithic concrete mat slab shipped integral with the restroom building.”

3. Relocatable design
The slab must be “designed to allow relocation of the slab and building intact at any future date with built-in lifting hardware.”

4. Placement of a manufactured structure
The work includes “erection or placement of a prefabricated building,” which is terminology used exclusively for modular units delivered to the site, not site-constructed facilities.

5. Manufacturer-specific product
The restroom is specified as a defined manufactured model by Public Restroom Company or approved equal, which establishes a product-based procurement, not a conventional site-built construction scope.

A site-built restroom constructed on a poured-in-place slab cannot satisfy these requirements, because it is not:
• Factory fabricated
• Shipped with an integral foundation
• Relocatable intact
• Placed or erected as a modular unit
• A manufactured product equivalent
The proposal accepted by the city therefore provides a fundamentally different type of facility than what was advertised.

EXHIBIT A

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2 2. MATERIAL DEVIATION FROM THE ADVERTISED PROCUREMENT Under public procurement law, a bid that fails to comply with mandatory technical requirements is non- responsive and must be rejected. Acceptance of a site-built solution where a modular, factory-built structure with an integral foundation was specified constitutes a material deviation from the solicitation.

Such a deviation:
• Alters the nature of the work
• Changes long-term ownership, relocation, and maintenance characteristics • Eliminates the very attributes the city explicitly required • Creates unequal competition between bidders
This is not a matter of preference or value engineering. It is a failure to meet mandatory “shall” requirements.

3. RELIEF REQUESTED
PRC respectfully requests that the city:

1. Rescind the award made to the non-compliant bidder

2. Determine the bid non-responsive due to failure to meet the prefabricated modular requirements

3. Re-evaluate responsive bids in accordance with the published specifications

4. Take any other corrective action necessary to preserve the integrity of the procurement

4. RESERVATION OF RIGHTS
PRC reserves all rights and remedies available under law and equity, including the right to pursue further administrative or judicial relief if necessary.

Respectfully submitted,
Public Restroom Company

Steve Myler
2587 Business Parkway, Minden NV 89423
775-783-1200
[email protected]

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1 Project: Lee Bell Park Prefabricated Restroom Project CDBG 2025 Solicitation No.: CPW050118
Awarded Contractor: Global Engineering Development
Protesting Party: Public Restroom Company (“PRC”)
Date: January 12th ,2026
To: Marisa Cumpian, Sr. Management Analyst / Public Works Department Ryan N. Panganiban, City Engineer/Assistant Director of Public Works

Public Restroom Company submits this Supplemental Post-Award Bid Protest to further clarify and expand upon its initial protest regarding the award of the above-referenced contract to a bidder proposing a non- compliant building system.

This supplemental filing is prompted by the assertion that the awardee is offering a “factory-built” alternative. The Contract Documents—particularly Addendum No. 2—establish that the City is procuring a fully integrated manufactured restroom system, not a generic prefabricated shell or kit-of-parts building.

The awarded proposal fails to meet these mandatory requirements and remains materially non-responsive.

1. ADDENDUM NO. 2 ESTABLISHES A MANUFACTURED SYSTEM, NOT A GENERIC PREFAB Addendum No. 2 materially revises the technical specifications to require a factory-integrated restroom system with a dedicated utility chase and manufacturer-installed mechanical and electrical infrastructure, including, without limitation:
• Chase-mounted plumbing and Unistrut-mounted distribution • Factory-installed pressure management (including bladder/pressure tank) • Factory-installed fixtures, valves, and through-wall accessories • Chase-mounted lighting, controls, and electrical distribution These are system-level architectural requirements that define a manufactured product delivered to the site as a complete, pre-engineered, and factory-tested unit.

A proposal that provides only a prefabricated shell, panelized structure, or building kit—while installing plumbing, electrical, controls, or chase components in the field—does not comply.

2. “FACTORY-BUILT” IS NOT THE SAME AS A MANUFACTURED RESTROOM SYSTEM Many vendors label their products “factory-built,” but the Contract Documents do not solicit merely a factory-fabricated building envelope. They require a factory-manufactured restroom system whose:
• Mechanical systems
• Electrical systems
• Pressure management
• Serviceability
• Chase architecture
are installed, tested, and certified in the manufacturing facility prior to shipment.

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2 A bidder proposing any of the following is not an approved equal:
• Flat-pack or panelized systems assembled on site
• Factory shells with field-installed piping or wiring
• Field-assembled utility chases
• Site-installed pressure tanks or distribution systems • Buildings requiring local trade build-out to become operational

These approaches defeat the purpose and requirements of Addendum No. 2 and provide a fundamentally different product than what the city specified.

3. THE AWARDED BID REMAINS NON-RESPONSIVE
Because the awarded bidder’s proposal does not provide a fully integrated, factory-manufactured restroom system with the required chase-based MEP architecture, it:

1. Fails to meet mandatory Addendum No. 2 requirements

2. Substitutes a different construction methodology

3. Changes the long-term maintenance, serviceability, and performance characteristics of the facility

4. Creates unequal competition by allowing a materially different product than what was advertised Under public procurement law, such a bid is non-responsive and must be rejected.

4. REQUESTED RELIEF
PRC respectfully reiterates and supplements its request that the city:

1. Rescind the award to the non-compliant bidder

2. Determine the bid non-responsive for failure to provide a compliant manufactured restroom system

3. Re-evaluate responsive bids in accordance with the Contract Documents, including Addendum No. 2

4. Take any other corrective action necessary to preserve the integrity of the procurement

5. RESERVATION OF RIGHTS
PRC reserves all rights and remedies available at law and in equity.

Respectfully submitted,
Public Restroom Company
Steve Myler
Regional Sales Representative
775-783-1200
[email protected]

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GED Clarification Letter

Lee Bell Park Prefabricated Restroom Project (CDBG 2025) Solicitation No.: CPW050118 | Date: January 13, 2026
Owner: City of Fairfield, Public Works Department
Attention: Marisa Cumpian, Senior Management Analyst

Contractor: Globe Engineering Development
2002 Elijah Street, Fairfield, CA 94533
(916) 856-2255 | [email protected]

This letter is submitted to provide clarification regarding the subcontractor listing for the Lee Bell Park Prefabricated Restroom Project and Globe Engineering Development’s bid.

Pursuant to the project specifications, Page IB-1, Paragraph 3.c, contractors holding either a Class A or Class B license are eligible to bid on this project. Globe Engineering Development is a duly licensed California Class A contractor and submitted its bid in full compliance with the project requirements.

For this project, Globe Engineering Development selected CXT as the manufacturer of the prefabricated precast restroom unit. Prevailing wage and subcontractor listing requirements apply only to work performed on-site as part of the public works project. CXT manufactures the restroom unit entirely off- site at its permanent manufacturing facility, including structural concrete, plumbing, electrical systems, and interior assemblies. Because this work is performed off-site and is not part of the on-site construction activities, it is treated by the California Department of Industrial Relations and in public works practice as manufacturing or supply work rather than construction work. CXT will not perform any on-site construction or installation activities for this project.

Because CXT functions solely as a manufacturer and supplier and performs no on-site work, it was not required to be listed as a subcontractor in the bid documents.

Globe Engineering Development, as the prime contractor, will self-perform one hundred percent (100%) of the on-site work, including coordination of delivery, offloading and placement of the restroom unit following completion of site work by others, and all required utility connections. This approach fully satisfies and exceeds the project’s fifty percent (50%) self-performance requirement.

Please let us know if any additional information or clarification is required. We appreciate the City’s time, review, and consideration.

Sincerely
Dawood Kavosh, PE
Project Manger

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606 N Pines Rd Suite 202
Spokane Valley, WA 99206
Phone: 509.921.8766 • Fax: 509.928.8270
Toll Free: 800.663.5789
Email: [email protected] • www.cxtinc.com

1/13/2026

To Whom It May Concern:

All of our buildings are CXT Commercial Modular Unit, that are stamped and inspected by the California Department of Housing and Community Development.

The building will be 3rd party engineer inspected and also approved by CA state based on the requirements of title 25 California code of regulations Chapter 3 subchapter 2 Commercial Modular. Below is an example for reference only:

1. All our buildings are prefabricated buildings that are manufactured by CXT Inc (ID) 6701 E .

Flamingo Ave Bld 300 Nampa, ID 83687.

2. All of our buildings come with an integral foundation. Since our buildings are all concrete including the roof and walls our buildings are more structurally sound and only require a prefabricated 5- inch-thick concrete slab shipped integral with the building.

3. All of our buildings are relocatable design with The slab designed to allow relocation of the slab and building intact at any future date with built-in lifting hardware. We use PS-22 lifting plates that attach to AS-7 embeds w/(2) 1.5” DIA High tensile coil bolts. Below is for reference:

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606 N Pines Rd Suite 202
Spokane Valley, WA 99206
Phone: 509.921.8766 • Fax: 509.928.8270
Toll Free: 800.663.5789
Email: [email protected] • www.cxtinc.com

4. The manufactured structure will be delivered and placed on a prepared crushed gravel pad.

5. CXT buildings are not site-built restroom constructed on a poured-in-place slab, our buildings are prefabricated precast concrete restroom buildings.
a. We are factory fabricated to meet all CA and ADA building codes. b. Shipped with an integral foundation (State stamped plans and calculations are included).
c. Maintain relocatable intact.
d. They will be placed as a modular unit defined by the CA Department of Housing and Community Development.
e. We are not a site built construction and meet all the specifications of the bid set.

Since CXT Buildings are again NOT a site-built solution but in fact a modular, factory-built structure with an integral foundation this does not create a deviation of the mandatory requirements.

Furthermore, the building will come with chase mounted plumbing, factory installed fixtures, valves, lighting, controls and electrical distribution. Please see below for reference:

If you have any further questions please contact me [email protected] or 254-479-4792.

Manuel Alvarado
Territory Sales Manager

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PUBLIC WORKS DEPARTMENT
Engineering Division

January 28, 2026

Mr. Steve Myler
Public Restroom Company
2587 Business Parkway
Minden, NV 89423

Email: [email protected]
[email protected]

Re: Bid Protest – Lee Bell Park Prefabricated Restroom Project CDBG

Mr. Myler:

This is in response to Public Restroom Company’s formal protest of the bid of Globe Engineering Development (GED) for the Lee Bell Park Prefabricated Restroom Project CDBG (Project) submitted on January 12, 2026.

Following review and analysis of the protest and response of GED , and consultation with legal counsel, the City has determined that your protest lacks merit for the reasons stated below.

The protest is based on PRC’s interpretation that the specifications require a single-piece, factory- manufactured modular unit with pre -attached foundation, delivered to the site as a complete assembly. PRC contends that GED’s panelized construction is non -responsive. Under California law, a bid is responsive if it promises to do all required work and conforms to the material terms of the bid specifications.
1 1 Taylor Bus Serv., Inc. v. San Diego Bd. of Educ., 195 Cal. App. 3d 1331, 1341 (Ct. App. 1987) (“A bid is responsive if it promises to do what the bidding instructions demand.).

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Letter to Mr. Steve Myler
Re: Bid Protest – Lee Bell Park Prefabricated Restroom Project CDBG January 28, 2026

Page 2 ends

A bid that conforms to all material requirements is responsive even if minor deviations exist, provided the deviations do not give the bidder an unfair competitive advantage. 2 GED’s bid promises to provide a prefabricated restroom building with all specified equipment, an 8 -inch monolithic concrete foundation, relocatability, and all required materials and finishes, consistent with the City’s bidding instructions.

For the reasons detailed below, the bid protest filed by PRC is DENIED and the award to GED is AFFIRMED.

I. Response To Specific Allegations

a. Allegation 1: Prefabricated Restroom Building Requirement PRC asserts that the specifications require “furnishing and installing all items necessary to fabricate and install a prefabricated restroom building” and that only a factory -built, modular units delivered as a single piece can satisfy this requirement for a “prefabricated restroom building.”
The Contract Documents require “furnishing and installing all items necessary to fabricate and install a prefabricated restroom building” but contain no limiting language such as “modular only” or “no field assembly.” The specifications repeatedly include “or approved equal” language, which invites alternative approaches meeting functional requirements. GED;’s proposal includes wall panels, roof systems, and structural components manufactured in a factory environment, which constitutes factory fabrication.

GED’s panelized prefabrication approach satisfies the City’s specifications and its bid is responsive.

b. Allegation 2: Integral Prefabricated Foundation
PRC contends that the specifications require a prefabricated 8 -inch-think monolithic concrete mat slab “shipped integral with” the restroom building. PRC interprets “shipped integral with” to mean the slab must be pre-cast, physically attached to the building structure, and transported as a single unit with the building.

This interpretation is contradicted by the City’s Addendum No. 1, dated December 15, 2025, significantly clarifies the City’s intent regarding foundations. On page SP -19 under Special Provisions, Scope 4, the Addendum states: “Supplier to provide a template for the concrete slab to install the prefabricated restroom for finalizing the foundation design (size, thickness, utility,

2 DeSilva Gates Constr., LP v. Dep’t of Transportation, 242 Cal. App. 4th 1409, 1422 (2015).

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Letter to Mr. Steve Myler
Re: Bid Protest – Lee Bell Park Prefabricated Restroom Project CDBG January 28, 2026

Page 3 ends

connection, etc.” This language clearly contemplates that suppliers provide design specifications (a template) for a foundation to be constructed on -site rather than delivered pre -cast and attached to the building. If the City intended pre-cast slabs shipped with the building, Addendum No. 1 would not request foundation templates for site construction.

This is not a responsiveness defect. GED’s bid promises a site -poured foundation designed integrally with the building system in compliance with the specifications clarified the City’s Addendum No. 1.

c. Allegation 3: Relocatable Design
PRC contends that the specifications require the slab and building to be relocatable “intact” at any future date with built-in lifting hardware. PRC contends that only a modular building with an attached pre-cast slab can be relocated “intact” and that a panelized construction cannot meet this requirement because it requires disassembly for relocation.

The specifications do not require that the restroom must be relocatable as a single piece without disassembly. GED’s panelized design includes bolted panel connections permitting systematic disassembly, lefting points integrated into structure components, component identification marking for reassembly, assembly drawings showing disassembly sequence, and connection details designed for multiple assembly cycles. The City’s goal of preserving flexibility for future park planning is achieved with GED’s design.

GED’s design satisfies the relocability requirement.

d. Allegation 4: Placement of Manufactured Structure
PRC contends that the phrase “erection or placement of a prefabricated building” is terminology used exclusively for modular units delivered to the site, not for site -constructed or site - assembled facilities. PRC contends this language mandates modular-only construction.

The specification phrase uses the disjunctive phrase “or” between “erection” and “placement,” suggesting the City intended broad coverage of installation methods rather than restriction to a single approach.

The phrase “erection or placement” applies to panelized construction, and PRC’s contention is unsupported.

e. Allegation 5: Manufacturer-Specific Product
PRC contends that the restroom is specified as “Public Restroom Company or approved equal,” establishing a product-based procurement requiring a manufactured modular unit equivalent to PRC’s product. PRC contends that this specification excludes alternative construction.

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Letter to Mr. Steve Myler
Re: Bid Protest – Lee Bell Park Prefabricated Restroom Project CDBG January 28, 2026

Page 4 ends

PPC Section 3400(b) states that “[n]o . . . municipal corporation . . .shall draft . . . specifications for bids . . . calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words “or equal” so that bidders may furnish any equal material, product, thing, or service.” GED’s proposal is functionally equivalent to the specifications and meets all functional criteria, including building dimensions, materials, equipment, ADA compl iance, vandal -resistant features, and durability standards. PRC’s interpretation would render the “or approved equal” language meaningless and create an unlawful sole-source procurement.

GED’s proposal qualifies as an “approved equal” under California law because it meets all functional, performance, and quality requirements specified in the Contract Documents.

f. Allegations 6 and 7: Addendum No. 2 Requirements
In its supplemental protest, PRC argues that Addendum No. 2, dated December 23, 2025, requires a “factory-integrated restroom system” with all mechanical and electrical components fully installed before shipment. PRC contends that any field installation of plumbing, electrical, controls, or chase components violates the specifications and that proposals involving panelized systems assembled on site factory shells with field-installed systems, or buildings requiring local trade build-out are non-responsive.

The City’s Addendum No. 2 establishes equipment standards and installation methods but does not mandate that all systems be fully installed before shipment. • Section 2.10 PLUMBING, Part B, page 1 of Addendum No. 2 specifies: “WATER PIPING:

Shall be Copper. All water piping shall be designed and constructed with high and low point drain fittings. All piping shall be mounted on Uni-strut wall brackets with neoprene isolators, to code.”
• Section 2.11 ELECTRICAL, Parts B and C, pages 1 and 2 of Addendum No. 2 specify ficture models, performance requirements, and locations but do not state that fixtures shall be wired and operational before shipment or prohibit installation during site assembly.

The City makes a distinction between “factory -integrated” systems and “factory -completed” systems. GED’s approach provides factory integration meeting Addendum No. 2 requirements.

II. Decision

Therefore, for all the reasons stated above, the bid protest filed by PRC is DENIED, and the award to GED is AFFIRMED.

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Letter to Mr. Steve Myler
Re: Bid Protest – Lee Bell Park Prefabricated Restroom Project CDBG January 28, 2026

Page 5 ends

The City will recommend that the City Council reject Public Restroom Company’s bid protest and award the Project to GED as the lowest responsible, responsive, bidder.

Sincerely,

SANJAY MISHRA
Public Works Director

SM/mc

cc: Globe Engineering Development
Ryan Pangagniban, Assistant Public Works Director

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Agenda Item No: L.1

AGENDA REPORT
DATE: February 3, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-10 CD North Texas Street Revitalization Program

Approving and Authorizing the Funding and Adopti on of the North Texas Street Revitalization Program

Funding Source: $400,000; Intragovernmental Loan Fund

Contact: Dave Zellers, (707) 428-7436

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The City seeks to launch the North Texas Street Revitalization Program (Program), a new grant program designed to support commercial property owners and business owners within the North Texas Street District. The Program will provide financial reimbursement for eligible improvements made to exterior signage, lighting, landscaping, and parking lot conditions to enhance the appearance, safety, and economic vitality of this key commercial corridor. Adoption of the Program is necessary to begin implementation.

DISCUSSION
At the direction of the council during its 2025 Retreat, $400,000 was allocated for use to enhance the North Texas Street business corridor. Two uses for the funds were identified: a pilot project for clean-up services and a grant program for property improvements. The Program, based upon the same principles as the successful downtown façade grant program, is designed to encourage private investment that enhances the visibility, aesthetics, and economic environment of the North Texas Street District. The types of improvements to be funded were identified by direction as being those with the most impact to safety and making tangible improvements to the physical condition of the corridor.

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The Program provides reimbursement grants of 50 -70% of eligible project costs, with maximum awards ranging from $25,000 to $30,000 depending on applicant type. Eligible improvements include exterior lighting, landscaping, signage, and parking lot repairs. Eligible applicants include commercial property owners an d tenants located within the North Texas Street Business Improvement District, subject to program requirements and verification of good standing with applicable City departments.

Applications will be prioritized based on alignment with program goals, incl uding improving exterior aesthetics, enhancing the overall streetscape, and strengthening the district’s business climate. Small independent businesses such as restaurants, retail shops, tasting rooms, incubator spaces, and entertainment venues will receive priority consideration.

The Program will be administered by the Community Development Department’s Economic Development Division . The Program steps include application submittal, staff review, permit approvals, inspection, and reimbursement upon project completion and execution of an improvement deed to ensure upkeep of improvements for a minimum of five years. Approval of proposed resolution will authorize the allocation of funds and formalize the Program , enabling staff to finalize the application and promote the upcoming opportunity to the potential applicants.

Should council approve this allocation, applications for the Program will begin in March 2026.

FINANCIAL IMPACT
Council previously directed use of $400,000 for North Texas from the Intragovernmental Loan Fund (55160199-8411-10603), which was created when a public works project was canceled. The $400,000 will be allocated to the North Texas Street Revitalization Program with $372,274 allocated for grants and the remaining $27,274 allocated for a pilot cleaning program to support six months of portering and maintenance services within the corridor.

No additional General Fund impact is anticipated.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
Staff worked closely with t he North Texas Street Business Association to engage their members and incorporate their feedback during the development of the proposed Program and on the length of time for the portering pilot program.

ALTERNATIVE ACTION
The council may choose to modify the proposed Program or funding allocation or not approve the Program.

COORDINATED WITH
North Texas Street Business Association and City Attorney’s Office

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STAFF CONTACT
Shifra de Benedictis-Kessner, Economic Development Manager (707) 428-7649
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Exhibit A - North Texas Street Revitalization Program Guidelines

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-10

APPROVING AND AUTHORIZING THE FUNDING AND ADOPTION OF THE NORTH TEXAS STREET

REVITALIZATION PROGRAM

WHEREAS, during the City Council Retreat of January 2025, council instructed staff to create an improvement program to meet the needs of the businesses and properties located within the North Texas Street District; and

WHEREAS, with the success of the Downtown’s Revitalization & Enhancement Assistance Program (REAP), staff created a simila rly structured program based on input from the North Texas Street Business Association and its members; and

WHEREAS, staff created the North Texas Street Revitalization Program for the purpose of encouraging property and business owners of commercial property to enhance and revitalize the appearance and safety of properties through improvements to exterior lighting, signage, landscaping and parking lots within the North Texas Street District.

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

Section 1. The council hereby approves the North Texas Street Revitalization Program in the form and content presented and attached hereto as Exhibit A.

Section 2. The council hereby approves funding in the amo unt of $372,274 for the North Texas Street Revitalization Program property improvement grants.

Section 3. The council authorizes the city manager, or their designee, to implement the review process incorporated in Exhibit A , and is further authorized to revise the Program, and application requirements described by Exhibit A with advice and counsel of the city attorney.

Section 4. The city manager is hereby authorized to take all actions as may be required to implement this resolution and the Program, including but not limited to, disbursement of Program funding, execution of Improvements Deeds, and the execution of Certificate s of Acceptance.

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RES. NO. 2026-10

Page 2 ends

PASSED AND ADOPTED this 3rd day of February 2026, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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EXHIBIT A

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Introduction
The North Texas Street Revitalization Program (the “Program”) is intended to encourage business owners and/or commercial property owners to enhance the visibility, appearance, community pride, and economic setting of their properties and/or businesses located in the City of Fairfield’s North Texas Street District. The Program provides grants to make improvements to the appearance and visibility of privately owned properties in the following ways:
• Exterior signage
• Landscaping improvements
• Exterior lighting improvements
• Parking lot repairs and improvements

Program Goals:

1. Facilitate investment by business owners and/or commercial property owners to improve, update and enhance their exterior lighting, signage, and landscaping.

2. Enhance the appearance of the overall streetscape in the North Texas Street District.

3. Revitalize the business climate and strengthen economic vitality in the North Texas Street District.

Grant Amounts:

The grants and reimbursement amounts will be structured in one of four ways:

Applicant Type Project
location
Grant Amount Example

1.Business with less
than $500,000
annual revenue
Property where
their business
operates
70% reimbursement,
up to $30,000 grant
Total project cost of $40,000. Total
grant of $28,000. Cost to business
after reimbursement of $12,000

2.Business owner
that owns their own
building
Property where
ONLY their
business
operates
65% reimbursement,
up to $30,000 grant
Total Project cost of $40,000. Total
grant of $26,000. Cost to business
after reimbursement of $14,000

3.Property Owner of
a large shopping
center
Large Shopping
Center
property that
they own
50% reimbursement,
up to $30,000 grant
Total project cost of $60,000. Total
grant of $30,000. Cost to property
owner after reimbursement of
$30,000

4.All other eligible
commercial property
or business owners
50% reimbursement,
up to $25,000 grant
Total project cost of $50,000. Total
grant of $25,000. Cost to applicant
after reimbursement of $25,000

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Applicants must provide documentation of the Applicant Type they are applying under:

1. A business with less than $500,000 annual revenue must provide the reported gross receipts for the prior two calendar years, as submitted to both the Internal Revenue Service and the City of Fairfield Business License Tax.

2. A business that owns and operates out of its own freestanding property must provide their current City of Fairfield business license and property title with matching/correlating address and ownership information.

3. A property owner of a large shopping center must provide County documents with the recorded property size or parcel dimensions reporting their parcel to be over five acres in total shared size.

4. All other eligible applicants may apply for the lesser amount of $25,000 or 50% of the total improvements approved.

Prioritization of funding:
• Applications from small independent businesses, including but not limited to, restaurants, wine and beer tasting rooms, bars, live entertainment, incubator spaces, and retail will be given preference.
• Applications will be reviewed and funding prioritized based on the proposed project’s relative impact and fulfillment of the program goals, according to the following:

Program Goals

1. Facilitate investment by business owners and/or commercial property owners to improve, update and enhance their exterior lighting, signage, and landscaping that will enhance the overall appearance of the North Texas Street District.

2. Enhance the appearance of the streetscape and create a more attractive commercial environment in the North Texas Street District.

3. Revitalize and reenergize the business climate and strengthen economic vitality in the North Texas Street District.

1. The Community Development Department’s Economic Development Division shall administer the Program. The Director of Community & Economic Development, or designee, will make the determination as to a participant’s Program eligibility based on qualifying and eligibility measures as outlined in these guidelines.

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Eligibility Requirements

1. Applicant Eligibility
• Property owners and/or tenants of commercial buildings within the North Texas District. • Submittal of a complete Program application. Any applicant with a submitted application deemed incomplete will have 30 days after City notification to provide any missing information and documentation requested by the city in order to remain under consideration for participation in the program and continue along the application review process. Should any application remain incomplete for a period of 30 days or more after City notification, that incomplete application will be removed from the queue for consideration and the application review process will be terminated for that application.

To be reconsidered for participation in the program, the applicant must reapply and submit a completely new application that will be considered as submitted for review on the date of the new complete submission and not by the submission date of the old incomplete application.
• All tenants must provide to the City written consent from the property owner where the proposed improvements are to occur.
• Applicants must have a current Business License to conduct business at the address where improvements are to occur and must NOT be delinquent or past due on any North Texas Street Business Improvement District fees, where applicable, for the term of the Improvement Easement.
• Applicants must be in good standing with all City of Fairfield divisions and departments e.g., Planning, Building, Public Works, Police, Code Enforcement, etc. • Property owners and tenants of legal non-conforming uses are NOT eligible for program funds.
• Applicant, property owners (if different entities), and the property itself may NOT be in arears, or have been in collection action in the previous 36 months, on any local, state, and/or federal taxes; this includes City of Fairfield Business License Tax and Transient Occupancy Tax.

2. Property Eligibility
• The property must have an address within the North Texas Street Business Improvement District (see attached map designating area of eligibility). • Projects funded by this program are intended to be not less than $5,000 in total approved improvements.

3. Excluded Expenses:

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• Any building used exclusively for residential or industrial occupancy. • The use of materials and fixtures that are unreasonably opulent e.g. gold plating, as determined by the Economic Development Division Manager, or their designee. • Plants, trees, and/or landscape materials that are not likely to survive in Fairfield’s climate or may create health & safety issues for pedestrian or vehicle traffic.

C. Eligible Improvements & Expenses:

1. Exterior lighting Improvements: Parking lot lighting, building lighting and decorative lighting that enhances the look and visibility of the building, parking lot, and property.

2. Landscaping improvements: Replacement or addition of ground cover (not to be primary landscape material), including but not limited grass, bark, and rock. Replacement or addition of trees, hedges, bushes and other plants and materials. Replacement or additional irrigation needed to serve new or existing landscaping.

3. Signage: Eligible signage improvements must be non-temporary building sign cabinets, blade signs, pylon signs, monument signs, or fascia elements that are integrated into building facades.

B. Eligible Soft Costs
The reimbursable “soft costs” of approved improvement projects include:

1. Architectural design review, plan check, boundary survey.

2. Architectural and/or consultant services to the property or business tenant; e.g. preparation of bids, preparation and filing of plans, construction monitoring, progress payments, lien releases, or change orders.

3. Costs of current title report for the property.

4. Such other costs, and fees approved by the Economic Development Division Manager, or their designee, which are consistent with the objectives of the Program.

All property improvements made under this Program must be consistent with the City’s Zoning Ordinance and General Plan. As with any other project, the property improvements under this program must also adhere to all applicable building codes, sign ordinances, and development/design standards for the City of Fairfield. Any code violations must be corrected before funding is released. Should any code violations occur related to any improvements made using funding from this Program and remain uncured for a period of time as outlined in a code enforcement citation, the participant may be required to reimburse the City for any unamortized funding over a 5-year period from the date funding is released.

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Program Steps:

1. Submission of a complete application by the applicant; and

2. Review and approval of the application by Economic Development staff; and

3. Property owner has signed the Improvement Deed; and

4. Submission and approval of any applicable permits for improvements; and

5. Completion of the approved improvements; and

6. Proof of paid invoices provided to the Economic Development staff; and

7. Reimbursement payment made payable to the applicant.

Program Requirements
A. Funding Allocations & Availability
Any and all funding assistance is subject to availability of Program funds. All approved payments made by the City under the terms of the Program shall represent payments or reimbursements of a portion of the actual costs incurred by the applicant. The City Manager, or his or her designee, may consider approving any Program deviations found to be in the best interest of the City of Fairfield including, but not limited to, Program funding limits, boundary limits, improvement eligibility, grant award amounts, and applications accepted outside of any application period. These guidelines and financial terms are in effect until the Program funds are expended, unless additional funding is approved, or the Program is terminated.

C. Bids, Selection of Contractor, Improvement Easement

1. Written evidence of no less than two (2) bids (including soft costs, if applicable) are to be submitted to the Economic Development Division Manager, or their designee, for review.

2. Participants must select the lowest and best qualified bidder who meets the job requirements and is responsive to the written bid proposal, and inform the Economic Development Division Manager, or their designee, of their decision. (Because unforeseen contingencies commonly occur during rehabilitation, 10% should be added to the bid to provide for such if not already included.)

3. Participants must submit proof to the Economic Development Division Manager, or their designee, that the selected contractor (and his or her subcontractors) has the following:
• A State of California Contractor's License.
• A City of Fairfield Business License.

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4. Improvement Assistance: Recordation of an Improvement Easement.

In order to receive funding assistance for property improvements, the property owner of the participating building must grant the City of Fairfield an Improvement Easement over the property improvements for a period of five years. Said Improvement Easement shall be recorded and shall include the following provisions:
• The Improvement Easement shall cover improvements of the property, including all improvements/installations funded by this Program.
• The building owner may request the City terminate and release the Improvement Easement at any time, subject to payment of an early termination and release fee in an amount equal to the value of all funding assistance received for the improvements for which the Improvement Easement was granted. Said value shall be discounted by 20% for each anniversary year subsequent to the completion of the improvements, the disbursement of funds by the City, and recordation of the Improvement Easement. • The building owner shall be obligated to maintain the building in accordance with the maintenance provisions of the Improvement Easement.

The Economic Development Division Manager or their designee may waive the requirement to provide the City an Improvement Easement for any applicant if, their sole discretion, they make the following findings:
1) the amount of funding assistance sought by the applicant is nominal; and 2) the improvements to be funded represent only a small percentage of the building’s footprint.

If the Economic Development Division Manager or their designee make such findings, the applicant shall solely enter into a Property Maintenance Agreement.

5. Inspection, Release of Funding
• Progress inspections by City staff may be conducted to ensure that the improvements are being constructed in accordance with the approved plans and the City's Codes. • A final inspection by City staff shall be conducted to determine that the improvements have been completed in accordance with the plans, and with the City's Codes. • Upon completion of the proposed improvements, the City will reimburse applicant for project related invoices (direct expenses) for up to the maximum amount allowed under these guidelines. Applicants shall be responsible for any and all costs, including soft costs in excess of the funding assistance received or the maximum amount allowed as stated above.

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Fairfield City CouncilFebruary 3, 2026

Fairfield City Council
February 3, 2026