CITY OF FAIRFIELD
ORDINANCE NO. 2026-02
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
WHEREAS, California Government Code Section 65964.5(b)(1) establishes that “[t]he local agency with jurisdiction to approve excavations shall allow micro -trenching for the installation of underground fiber if the installation in the micro -trench is limited to fiber, unless the local agency makes a written finding that allowing micro -trenching for a fiber installation would have a specific, adverse impact on the public health or safety[;]” and
WHEREAS, California Government Code Section 65964.5(b)(3) establishes that “[t]o the extent necessary, a local agency with jurisdiction to approve excavations shall adopt or amend existing policies, ordinances, codes, or construction rules to allow for micro - trenching pursuant to this subdivision.”
THE CITY COUNCIL OF THE CITY OF FAIRFIELD HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council hereby makes the following findings:
A. The facts set forth in the Recitals of this Ordinance are true and correct.
B. This Ordinance complies with California state law, including California Government Code Section 65964.5, which requires local agencies to allow micro - trenching for fiber installation unless specific adverse impacts on public health or safety or identified.
C. Micro-trenching for fiber installation will not have a specific, adverse impact on public health or safety when conducted in accordance with applicable standards and permit requirements.
SECTION 2. Amendment. Section 16.4.1 of Chapter 16 (Streets and Sidewalks), Article I (Encroachments) of the Fairfield Municipal Code is hereby amended by striking in its entirety the following:
“Trench. A form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines. Such excavation is different from micro-trenching in that different equipment is used, the resulting opening in the ground is wider and deeper, and greater site preparation, clean-up and restoration activities are required. Micro-trenching shall not be allowed.” ORD. NO. 2026-02
In its place shall be inserted the following:
“Trench. A form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines. Micro-trenching is permitted in accordance with applicable standards.”
SECTION 3 . CEQA Exemption. Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, the City Council in their own independent judgment has reviewed the whole record and has determined that Ordinance No. 2026 - 02 is exempt from further environmental analysis pursuant to CEQA Guidelines Section 15061(b)(3). Under this Section, “CEQA only applies to projects which have th e potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” This code amendment removes the prohibition on micro-trenching, consistent with California state law, and does not involve consideration of a specific micro-trenching project that would result in a physical change to the environment. Each individual micro -trenching project will require a separate permit application and will be subject to environmental review as applicable at the time of application.
SECTION 4. Severability. If any provision of this Ordinance or its application is deemed invalid by a court of compe tent jurisdiction, the City Council intends that such invalidity will not affect the validity of the remaining provisions or their application and, to this end, the provision of this Ordinance is severable.
SECTION 5. Interpretation. The City Manager, or his authorized representative shall have the power to do all things necessary to enforce the provisions of this Ordinance as is reasonably necessary to effectuate the purpose of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall be effective 30 days following its adoption by the City Council. Within 15 days after passage, a summary of this Ordinance shall be published in accordance with California Government Code Section 36933, together with the names of the City Councilmembers voting for and against it.
ORD. NO. 2026-02
INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 3rd day of February 2026, and
PASSED AND ADOPTED this _____ 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:
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CITY CLERK