Municipal code

Fairfield Zoning Code

The enacted municipal code of Fairfield, California, as published — every title, chapter, and section, verbatim and citable.

Edition
2026-06
Last ingested
2026-07-06
Jurisdiction
Fairfield

Fairfield, California

Zoning — Title 25 Zoning Ordinance

Source: codepublishing.com

Fairfield2502.html

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Division 1. Enactment and Applicability

SECTION 25.10 ORDINANCE PURPOSE AND EFFECT

Sections:

25.10.1 Title and Authority

25.10.2 Purpose and Intent

25.10.3 Relationship to the General Plan

25.10.4 Responsibility for Administration

25.10.5 Applicability of the Zoning Ordinance

25.10.6 Exemptions from Zoning Ordinance Requirements

25.10.7 Partial Invalidation of Zoning Ordinance

25.10.1 Title and Authority

A. This Chapter is and may be cited as the Zoning Ordinance of the City of Fairfield, Chapter 25 of the Fairfield City Code, hereafter referred to as “this Ordinance.”

B. This Ordinance is enacted based on the authority vested in the City of Fairfield by the State of California, including but not limited to the State Constitution; Sections 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act, Housing Act, Subdivision Map Act, and the Health and Safety Code.

25.10.2 Purpose and Intent

This Ordinance carries out the policies of the Fairfield General Plan by classifying and regulating the uses of land and structures within the City of Fairfield. This Ordinance is adopted to protect and promote the health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the City. More specifically, the purposes of this Ordinance are to:

A. Implement the General Plan by encouraging land uses designated by the Plan, while avoiding conflicts between land uses;

B. Provide regulations for the development of the City that will assist in maintaining a high quality of life without causing unduly high public or private costs for development, or unduly restricting private enterprise, initiative, or innovation in design;

C. Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning;

D. Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements; and

  • E. Conserve and protect the City’s natural resources.

25.10.3 Relationship to General Plan

This Zoning Ordinance is the primary tool used by the City of Fairfield to implement the goals, objectives, and policies of the Fairfield General Plan and any Specific Plans adopted to guide development in key areas of the City. No use of land or buildings shall be allowed unless consistent with the General Plan and relevant Specific Plans. (Ord. No. 2017-14, § 4.)

25.10.4 Responsibility for Administration

This Zoning Ordinance shall be administered by the Fairfield City Council, Planning Commission, and Director of Community Development, as provided in Division Four (Permits and Administration). The Director of Community Development shall include his or her designee(s).

25.10.5 Applicability of the Zoning Ordinance

This Zoning Ordinance applies to all land uses, subdivisions, and construction within the City of Fairfield, as follows:

A. New or changed land uses, structures, or site improvements. It shall be unlawful, and a violation of this Ordinance, for any person to establish, construct, reconstruct, alter, or replace any use of land, structure, or site improvement, except in compliance with the requirements of this Ordinance;

B. Building or grading permits. Building or Grading Permits may be issued by the Public Works Department only when:

  1. The proposed land use, improvement, and/or structure satisfies the requirements of Subsection (A) above;

  2. The Director of Community Development determines that the site was subdivided in compliance with all applicable requirements of Chapter 25, Article III (Subdivision Rules and Regulations); and

  3. All proposed grading is in compliance with all applicable requirements of Article VI (Grading and Erosion Control).

No construction authorized by a building or grading permit shall be granted a final inspection or a certificate of occupancy, unless the construction complies with any permit issued in compliance with this Ordinance, and all applicable conditions of approval. The Director may grant exceptions to this requirement provided the applicant furnishes financial surety and a written guarantee that he or she shall comply with the conditions by a date certain.

C. Continuation of an existing land use. An existing land use that was legally established is lawful and not in violation of the Fairfield City Code if operated and maintained in compliance with all applicable provisions of this Ordinance including, where applicable, Section 25.46 (Nonconforming Structures and Uses).

D. Effect of Zoning Ordinance changes on projects in progress. This Ordinance or amendments to it may impose different standards on new land uses, structures, or improvements than those that formerly applied to existing development. The following provisions determine how the requirements of this Ordinance apply to projects in progress at the time requirements are changed.

  1. Projects with pending applications. Permit applications that have been accepted as complete by the Department before the effective date of this Zoning Ordinance or any amendment, will be processed according to the requirements in effect when the application was accepted as complete. Applications for time extensions shall be consistent with the requirements of this Ordinance that are in effect when the time extension application is accepted as complete.

  2. Approved projects not yet under construction. Any approved development project for which construction has not begun as of the effective date of this Zoning Ordinance or amendment, may still be constructed as approved, so long as required Building Permits have been obtained before the expiration of any applicable permit issued pursuant to this Ordinance, or, where applicable, before the expiration of any approved time extension granted under Section 25.42 (Permit Implementation).

hich construction has not begun as of the effective date of this Zoning Ordinance or amendment, may still be constructed as approved, so long as required Building Permits have been obtained before the expiration of any applicable permit issued pursuant to this Ordinance, or, where applicable, before the expiration of any approved time extension granted under Section 25.42 (Permit Implementation).

  1. Approved projects not requiring construction. Any approved land use not requiring construction that has not been established as of the effective date of this Zoning Ordinance or amendment, may still be established in compliance with its approved permit, so long as establishment occurs before the expiration of the permit, or, where applicable, before the expiration of any approved time extension granted under Section 25.42 (Permit Implementation).

  2. Projects under construction. A structure that is under construction on the effective date of this Zoning Ordinance or any amendment need not be changed to satisfy any new or different requirements of this Zoning Ordinance, so long as construction is completed prior to the expiration of the applicable building permit(s), including time extensions.

E. Conformity of lots created prior to adoption of this Ordinance. Any lot created legally prior to the adoption of this Ordinance that no longer meets the minimum lot size established by this Ordinance shall be considered conforming.

F. Other requirements may still apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other approval or entitlement required by other provisions of the City Code or the requirements of any City department, or any local, State, or Federal agency.

G. Conflicting permits and licenses to be void. All permits or licenses shall be issued by the City in compliance with the provisions of this Zoning Ordinance, after the effective date of this Zoning Ordinance or any applicable amendment. Any permit or license issued in conflict with this Zoning Ordinance shall be void.

25.10.6 Exemptions from Zoning Ordinance Requirements

The following activities, land uses, structures, and/or site improvements are exempt from the permit requirements of this Zoning Ordinance, but are not exempt from the California Environmental Quality Act (CEQA) or any requirements resulting from City implementation of the Act, unless specifically exempted from CEQA:

A. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit by Chapter 5 (Building and Housing Codes) of the City Code, or a Grading Permit by Chapter 25, Article VI (Grading and Erosion Control) of the City Code, and are not over 30 inches above natural grade and not over any basement or story below.

B. Swimming pools (residential). Swimming pools proposed in conjunction with any residential land use shall be exempt from this Ordinance.

C. Governmental activities. Certain governmental agencies as prescribed by State law.

D. Interior remodeling. Interior alterations that do not increase the number of rooms or the floor area within the structure, change the use of any portion of the structure as regulated by this Ordinance, or require exterior modifications.

E. Exterior color changes. Exterior color changes to detached single-family dwellings and any type of attached dwellings on properties two acres or less.

F. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure or site improvements, and if any exterior maintenance and repairs employ the same materials and design as the original.

G. Temporary construction trailers. A mobile home, travel trailer, or other recreational vehicle used as a construction office on the same site as an approved construction project that has complied with the requirements of Chapter 5 of the City Code and the Uniform Building Code. Temporary construction offices shall not be placed in the public right-of-way. Up to one sleeping trailer for use by on-site security shall also be permitted.

H. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains,

sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures (e.g., substations), shall be permitted in any zoning district without limit as to height, provided that the route of any electrical transmission line(s) shall be subject to Planning Commission review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Section 25.33 (Wireless Telecommunications Facilities).

25.10.7 Partial Invalidation of Zoning Ordinance

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Zoning Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Zoning Ordinance. The Fairfield City Council hereby declares that this Zoning Ordinance and each article, chapter, section, Subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this Zoning Ordinance may be declared invalid, unconstitutional or unenforceable.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2503.html

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SECTION 25.12

ZONING DISTRICTS ESTABLISHED, ZONING MAP ADOPTED

Sections:

25.12.1 Purpose

25.12.2 Zoning Districts Established

25.12.3 Zoning Map Adopted

25.12.1 Purpose

This Section establishes the zoning districts to be applied to property throughout the City, adopts the City’s Zoning Map, and determines how the regulations of each zoning district apply to property.

25.12.2 Zoning Districts Established

All land in the City shall be divided into zoning districts that are consistent with the General Plan Land Use Element. The following zoning districts are hereby established, and shall be shown on the official Zoning Map.

Zoning Map General Plan Land Use District Symbol Implemented by Zoning District

Zoning District

Zoning District Zoning Map
Symbol
General Plan Land Use District
Implemented by Zoning District
Residential
Residential, Very Low Density RVL Residential, Very Low Density
Residential, Low Density RL Residential, Low Density
Residential, Low Medium
Density
RLM Residential, Low Medium Density
Residential, Medium Density RM Residential, Medium Density
Residential, High Density RH Residential, High Density
Residential, Very High
Density
RVH Residential, Very High Density
Commercial
Community Commercial CC Community Commercial
Mixed Commercial CM Mixed Commercial
Neighborhood Commercial CN Neighborhood Commercial
Ofce Commercial CO Ofce Commercial
Regional Commercial CR Regional Commercial
Service Commercial CS Service Commercial
Thoroughfare Commercial CT Community Commercial
Industry
Zoning District Zoning Map
Symbol
General Plan Land Use District
Implemented by Zoning District
--- --- ---
Limited Industrial IL Limited Industrial
General Industrial IG General Industrial
Industrial and Business Park IBP Business and Industrial Park
Agriculture and Public Beneft
Agriculture AG Agriculture - Extensive and Intensive
Open Space OS Open Space - Conservation
Public Facility PF Public Facilities - Institutional
Recreation REC Open Space - Recreational
Public Facilities - Recreational
Overlay Zones
Downtown Area Parking
Overlay
-P1 None
Hillside Development Overlay -H None
North Cordelia Overlay -NC None
Planned Development
Overlay
-PD None
Heart of Fairfeld
Downtown and Downtown
Core
HD/HDC CD/CDC
West Texas Street HWT MU-WTS
Zoning District Zoning Map
Symbol
General Plan Land Use District
Implemented by Zoning District
--- --- ---
Mixed Use Ofce HO MU-O
Transit-Oriented
Development
HTD MU-TOD
Residential HR RM-D
Public Facilities-Transit HPF PF-T

(Ord. No. 2017-14, § 5.)

25.12.3 Zoning Map Adopted

A. Inclusion by reference. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the map has been adopted by the Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Zoning Ordinance by reference as though it were fully set forth here.

B. Zoning district boundaries. The boundaries of the zoning districts established by Section 25.12.3 shall be shown upon the map designated as the “City of Fairfield Zoning Map” (hereafter referred to as the “Zoning Map"), on file with the City Clerk, and available at the Department.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2504.html

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Division 2. Zoning Districts and Allowable Land Uses

SECTION 25.20

RESIDENTIAL ZONING DISTRICTS

Sections:

25.20.1 Description of Residential Zoning Districts

25.20.2 Allowed Uses and Permit Requirements 25.20.3 Development Regulations 25.20.3.1 General Development Regulations 25.20.3.2 Small Lot Single Family Development Regulations 25.20.3.3 Alternative Multifamily Development Regulations 25.20.3.4 SB 9 Development Regulations 25.20.3.5 Small Home Lot Developments 25.20.4 Specifc Regulations 25.20.4.1 Accessory Structures and Room Additions 25.20.4.2 Common Area Uses and Facilities 25.20.4.3 Garage Conversions 25.20.4.4 Garage Sales 25.20.4.5 Home Occupations 25.20.4.6 Mobile Homes 25.20.4.7 Mobile Home Parks

25.20.4.8 Multifamily Development 25.20.4.9 Non-Residential Development - 25.20.4.10 Residential Occupancy Overcrowding Prohibited 25.20.4.11 Accessory Dwelling Units and Junior Accessory Dwelling Units 25.20.4.12 Subdivision Model Homes, Trailers, and Sales Ofces

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:

A. RVL (Residential, Very Low Density) District. The RVL zoning district is intended for areas of single-family detached homes on large lots. The RVL district typically serves as a transition between urban development and agricultural or open space areas. The district may also be applied to land within hillside areas. Minimum lot sizes range from 15,000 square feet to 40,000 square feet (RVL:15, RVL:20, and RVL:40). The maximum density is 2.5 dwelling units per gross developable acre.

B. RL (Residential, Low Density) District. The RL zoning district is intended for areas of single family detached homes on minimum lot sizes of 8,000 and 10,000 square feet (RL:8, RL:10). The allowable density range is 2.5 to 4.5 dwelling units per gross developable acre.

C. RLM (Residential, Low Medium Density) District. The RLM zoning district is intended for single family neighborhoods with minimum lot sizes of 4,500, to 6,000 square feet (RLM:4.5, RLM:5, and RLM:6). Where no minimum lot size suffix is provided, more compact and innovative design is allowed by Section 25.20.3.2 (Small Lot Single Family Development Regulations). The allowable density in this district is 4.5 to 8 dwelling units per gross developable acre.

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 accommodates 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 10 to 18 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 neighborhoodserving land uses such as grocery stores, and near employment centers. The allowable density range is 19 to 25 dwelling units per gross developable acre.

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 Area 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 26 to 40 dwelling units per gross developable acre, with higher densities allowed in the HTD zoning district. (Ord. No. 2017-14, § 6; Ord. No. 2026-01, § 3.)

25.20.2 Allowed Uses and Permit Requirements

A. Permitted land uses. The land uses allowed by this Zoning Ordinance in residential zoning districts are identified in the following tables as:

  1. “Permitted” land uses are indicated by a “P” on Table 25-1. Permitted land uses are allowed on a property without discretion by the City, subject to compliance with all applicable provisions of this Ordinance.

  2. “Conditionally Permitted” land uses are indicated by a “C” on the tables and are allowed only with the approval of a Conditional Use Permit (Section 25.40.6). These uses are subject to all applicable provisions of this Ordinance as are permitted uses. However, the City has discretion to approve, approve with conditions, or deny a Conditional Use Permit application. The decision on a Conditional Use Permit is based upon the circumstances of an individual case and the criteria in Section 25.40.6.

B. Uses not permitted or not listed. Land uses not permitted are those indicated by a “-” on the table. Land uses not listed on the tables are not allowed, except as provided in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

C. Regulations for specific uses. Where the right column in the following tables (“Additional Regulations”) includes a reference to a section number or footnote, the regulations in the referenced section or footnote apply to the use. However, provisions in other sections of this Zoning Ordinance or City Code may also apply.

D. Ancillary Uses. Ancillary uses are those secondary activities associated with a primary land use directly associated with and supporting said primary permitted or conditionally permitted land use. Ancillary uses and activities typically require a minor portion of the square footage or space in a business premise; impose no additional impacts on land use patterns, building design, parking requirements, or outdoor storage. Examples of ancillary uses for residential zoning districts include, but are not limited to, onsite childcare facilities, and educational programs located within the common area, community room, recreational center etc. A use which occurs in a separate building or which occupies an entire residential unit is not typically considered an ancillary use.

P
Permitted use
P
Permitted use
P
Permitted use
P
Permitted use
Table 25-1: Residential District
Regulations
Land Use 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
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
--- --- --- --- --- --- --- ---
Efciency 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
Section
25.20.4.11
Section
25.20.4.11
Accessory structures and
improvements
P P P P P P §
25.20.4.1,
Note 8
Animal, fowl and bee keeping
(non-commercial)
P P P P P P Note 9, 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
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 10,
§
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)

Ofce, Administrative,
business, and professional
- - - C C - §
25.20.4.9
Ofce, Government P P P P P P Note 10,
§
25.20.4.9
Ofce, Medical and dental - - - C C - §
25.20.4.9
Ofce, 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 10
Utilities, Public or Quasi-
public - major
C C C C C C Note 10
Utilities, Public or Quasi-
public - minor
P P P P P P Note 10

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

Notes:

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

(2) 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.

(3) Supportive housing (50 units or fewer) that meets the criteria under Government Code Section 65651 (defined in §25.32.22) 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 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.

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 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.

(8) 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.

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

(10) 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.

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

(Ord. No. 2008-08, § 2; Ord. No. 2009-06, § 2; Ord. No. 2009-15, § 2; Ord. No. 2012-04, § 2; Ord. No. 2015-05, §§ 2, 3; Ord. No. 2016-08, § 2; Ord. No. 2017-14, § 7; Ord. No. 2020-05, § 7; Ord. No. 2020-20, §§ 4, 5; Ord. No. 2021-14, § 14; Ord. No. 2021-21, §§ 2, 7; Ord. No. 2023-04, § 2; Ord. No. 2024-07, § 6; Ord. No. 2026-01, § 4.)

25.20.3 Development Regulations

25.20.3.1 General Development Regulations

A. Applicability. All subdivisions, development, new land uses, and alterations to existing land uses, structures, and site improvements, shall be designed, constructed, and/or established in compliance with the regulations in the following tables, except the activities and land uses specified in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

B. Requirements for single-family units in the RLM district. The design and development of single family dwellings within the RLM zoning district shall comply with the requirements of:

  1. Table 25-3 in areas where the Zoning Map applies a maximum density suffix to the RLM district; or

  2. Table 25-5 in areas where the Zoning Map does not apply a maximum density suffix to the RLM district.

C. Maximum residential density. Residential development shall occur within the applicable density range allowed by the General Plan. The number of units allowed within a project shall be determined by the review authority based on the facts of the individual case during the review and approval process as follows:

  1. Environmental and site design constraints and other factors not reflected or considered by the General Plan Land Use Diagram and Zoning Map may reduce the actual number of units permitted; and

  2. Where land is required to be preserved, the City may permit clustering of units on a portion of the site to achieve the allowed density for the overall site. Also, certain sections of this Zoning Ordinance provide regulations that modify the General Plan and/or Zoning Ordinance density regulations. These include Section 25.38 (Density Bonus), Section 25.20.3.3 (Alternative Multifamily Regulations), Section 25.20.4.7 (Mobile Home Parks), and Section 25.20.4.11 (Accessory Dwelling Units).

D. Additional regulations. Additional Zoning Ordinance regulations may apply within the residential zoning districts as referenced in the tables, as may other City Code regulations, City Standards, Specifications and Details, and/or the regulations of another local agency, special district, state or federal agency. (Ord. No. 2017-08, § 2.)

25.20.3.2 Small Lot Single Family Development Regulations

This Section is intended to encourage innovative, compact and affordable single-family housing developments, including both attached and detached dwelling units.

A. Applicability. Proposed single-family residential projects within the RLM zoning district shall comply with the requirements of Table 25-5 in areas where the Zoning Map does not apply a maximum density suffix (e.g., RLM). All proposed single-family residential projects within the RM zoning district shall comply with the requirements of Table 25-5.

B. Permit requirements. Attached single-family dwelling units are permitted uses within the RM district, while detached units require Conditional Use Permit approval. The conditional use permit requirement is intended to ensure that the development of single-family detached homes is developed in compliance with the affordability requirements identified by the General Plan. Multifamily development within the RM, RH, or RVH zoning districts is allowed subject to the applicable regulations in Table 254 or 25-6.

C. Maximum residential density and minimum lot area. Proposed single-family residential development shall not exceed the maximum density specified in Table 25-5: RLM and RM Small Lot Development Regulations. Figure 25-1: Examples of Acceptable Small Lot Development provides examples of small lot development patterns that have been found acceptable by the Planning Commission. Prior to, or concurrent with, the submittal of a tentative map or parcel map for a subdivision to be created under these regulations, the applicant shall submit applications for a community design plan and the project architecture. Within the confines of the lot size and building setback regulations, creativity and architectural excellence is required.

Table 25-2: RVL and RL District Development Regulations RL District Development Regulations RL District Development Regulations RL District Development Regulations
Regulations Zoning District
Applicable
(all fgures are minimums Sections
measured from property lines and and
in linear feet, unless otherwise Footnotes
indicated) RVL:40 RVL:20 RVL:15 RL:10

Site Planning

Density Range (maximum units per
gross developable acre)
up to 1 up to
1.75
up to
2.5
2.5 to 3
Lot Area (square feet)
Minimum 40,000 20,000 15,000 10,000
Average for new subdivision
(15% above min. lot area)
40,000 23,000 17,250 11,500 Note 1
Lot Dimensions (feet) Note 2
Width: Note 3
... interior lot 120 100 90 80
... corner lot 130 110 100 85
Depth 150 130 120 110 Notes 4
Parking Section
25.34
On-site spaces per dwelling,
covered
2 Note 5
Of-site spaces per dwelling 1 Note 6
Table 25-2: RVL and RL District Development Regulations RL District Development Regulations
--- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums
measured from property lines and
in linear feet, unless otherwise
indicated)
RVL:40
RVL:20
RVL:15
RL:10
Landscaping
Street trees (one tree for each ...) 35 feet of street
frontage
30 feet of street
frontage
Note 7
Front yard landscaping installed
by developer
Not required

Buildings

Dwelling Unit Size (square feet) 960
Maximum Floor Area Ratio 0.5 0.5 0.5 0.5
Setbacks (feet) Note 2
Front: Notes 8, 9,
10
... to habitable portion of bldg. or
side entry garage
30 25 20 20
... to garage opening directly
toward street
35 30 25 25
Street side yard 30 20 20 15 Notes 2,
10, 11
Interior side yard:
Table 25-2: RVL and RL District Development Regulations RL District Development Regulations RL District Development Regulations RL District Development Regulations
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums
measured from property lines and
in linear feet, unless otherwise
indicated)
RVL:40 RVL:20 RVL:15 RL:10
... minimum one side 15 10 10 10
... total for both sides 40 30 20 20
Rear 40 30 25 25 Note 2, 12
Building Height Limits (maximum) Note 13
Main dwelling 35 Note 12
Accessory Structures See Section
25.20.4.1

Notes:

(1) This regulation shall apply only to subdivisions of 20 or more lots.

(2) Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on corner lots and lots backing onto a roadway.

(3) Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).

(4) Lot depth may be reduced by four feet for lots with separated sidewalk at front property line to accommodate wider rightof-way.

(5) Tandem parking allowed as required parking in a two-car garage (i.e., single-wide garage door providing access for two spaces).

(6) Off-site parking spaces shall be provided within 200 feet of each lot.

(7) All street-trees shall be located within eight feet of back of sidewalk.

(8) Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street.

(9) Front setbacks shall be increased by five feet for lots that front on an arterial roadway.

(10) Within the Hillside Overlay District, the setbacks of the RLM 4.5 zoning district may be used, as determined necessary by the City, to comply with the Hillside Management Guidelines.

(11) For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.

  • (12) A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback.

  • (13) Increased height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

  • (14) Calculate Floor Area Ratio by dividing total square footage of all floors, including attached garage, by total lot area.

  • (15) Applies only to custom homes.

Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.)
Regulations Zoning District Applicable
(all fgures are minimums measured
from property lines and in linear feet,
unless otherwise indicated)
RL:8 RLM:6 RLM:5 RLM:4.5 Sections
and
Footnotes

Site Planning

Density Range (maximum units per
gross developable acre)
2.5 to
4.5
4.5 to 5 4.5 to 6 4.5 to 7
Lot Area (square feet)
Minimum 8,000 6,000 5,000 4,500
Average for new subdivision (approx.
15% above min. lot area)
9,200 6,900 5,800 5,200 Note 1
Lot Dimensions (feet) Note 2
Width: Note 3
... interior lot 70 60 50 45
... corner lot 75 65 55 50
Depth 100 100 100 100 Note 4
Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.)
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums measured
from property lines and in linear feet,
unless otherwise indicated)
RL:8 RLM:6 RLM:5 RLM:4.5
Parking Section
25.34
On-site spaces per dwelling
(covered/uncovered)
2/0 2/0 1/1 1/1 Notes 5, 6,
7
Note 8
Of-site spaces per dwelling 1 1 1 1
Landscaping
Street trees (one tree for each ...) 25 feet of street frontage Note 9
Front yard landscaping installed by
developer
Not required Required Required
Buildings
Dwelling Unit Size (square feet) 960
Maximum Floor Area Ratio 0.5 0.5 0.5 0.5 Notes 17
and 18
Setbacks (feet) Note 3
Front: Notes 10,
11
Note 12
... to unenclosed porch 10 10 10 10
... to habitable portion of bldg. or
side entry garage
15 15 15 15
Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.) Table 25-3: RL and RLM District Development Regulations (cont.)
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums measured
from property lines and in linear feet,
unless otherwise indicated)
RL:8 RLM:6 RLM:5 RLM:4.5
... to garage opening directly toward
street
18 18 18 18 Note 15
Street side yard 15 10 10 10 Notes 2,
13
Interior side yard:
... minimum one side 5 5 5 5 Note 14
... total for both sides 15 15 10 10
Rear 20 20 20 15 Note 2, 15
Building Height Limits (maximum) Note 16
Main dwelling 35 Note 15
Accessory structures See Section
25.20.4.1

Notes:

(1) This regulation shall apply only to subdivisions of 20 or more lots.

(2) Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on corner lots and lots backing onto a roadway.

(3) Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).

(4) Lot depth may be reduced by four feet for lots with separated sidewalk at front property line to accommodate wider rightof-way.

(5) Tandem parking is allowed as required parking in a two-car garage (i.e., single-wide garage door providing access for two spaces).

(6) An additional covered space or off-site parking space may be substituted for required uncovered spaces.

(7) In the RLM Districts, three-car garages opening directly to a street shall not occur on lots less than 55 feet in width. Exempt from this regulation are side entry garages or where the third space is tandem (e.g., two-car door).

  • (8) Off-site parking spaces for shall be provided within 200 feet of each lot.

  • (9) All street-trees shall be located within eight feet of back of sidewalk.

(10) Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street.

  • (11) Front setbacks shall be increased by five feet for lots that front on an arterial roadway.

(12) For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.

(13) Within the Hillside Overlay District, front and street side yard setbacks of the RLM 4.5 zoning district may be used, as determined necessary by the City, to comply with the Hillside Management Guidelines.

  • (14) The minimum interior side yard setback shall be reduced to zero feet for projects with attached homes.

  • (15) A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback.

  • (16) Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

  • (17) Calculate Floor Area Ratio by dividing total square footage of all floors, including attached garage, by total lot area.

  • (18) Applies only to custom homes.

==> picture [396 x 155] intentionally omitted <==

----- Start of picture text -----
Table 25-4: Multifamily Residential Development Regulations
Regulations Zoning District
(all figures are minimums
Applicable
measured from property line and
in linear feet, unless otherwise Sections and
indicated) RLM RM RH RVH Footnotes
----- End of picture text -----

Site Planning

Density range (maximum dwelling
units per acre)
up to 9 10-18 19-25 26-40
Lot dimensions (minimum for new
subdivision)
Area (acres) 1 3 3 3 Section
25.10.5 (F)
Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections and
Footnotes
(all fgures are minimums
measured from property line and
in linear feet, unless otherwise
indicated)
RLM RM RH RVH
Width/depth (feet) 150/150 200/200 200/200 200/200
Parking Note 1
Studio/efciency 1 space per unit
One bedroom 1.5 spaces per unit
Two or more bedrooms 2 spaces per unit
Visitor Rental Projects: 1 space for each
seven units
Ownership Units: 1 space for each
four units
Landscaping Section
25.20.4.8 (C)
Street trees (one tree for each ...) 25 feet of street frontage Note 2
Tree density, on-site (number per
sq. ft. of landscape area)
1 tree for each 325 square feet of
landscape area
Note 3
Minimum depth of interior
property line landscaping (feet)
5 Note 4
Recreation amenities Section
25.20.4.8 (B)
Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections and
Footnotes
(all fgures are minimums
measured from property line and
in linear feet, unless otherwise
indicated)
RLM RM RH RVH
Major (e.g., pool, recreation
building, tennis court, etc.)
Requirements based on number of
dwellings in project
Minor (tot lot, BBQ/picnic area,
volleyball court, etc.)
Open space Section
25.20.4.8 (A)
Private open space per unit, sq.
ft. (ground foor/upper story unit)
120/60 80/48 Note 5
Common open space (percent of
net parcel area)
50% 45% 40% 35%
Laundry facilities Private or common facilities required
Trash enclosures for garage and
recyclable materials
Required Section
25.30.7
Buildings
--- --- ---
Building Separation and Special
Setbacks (feet)
Between any two buildings 10
Front to front 20 feet between buildings
Front to rear 20 feet between buildings
Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations Table 25-4: Multifamily Residential Development Regulations
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections and
Footnotes
(all fgures are minimums
measured from property line and
in linear feet, unless otherwise
indicated)
RLM RM RH RVH
Setbacks
From any property line abutting a
road
... to habitable portion of building 20 feet average, 15 feet minimum
... to parking or drive aisle
(including carport or garage)
15 feet average, 10 feet minimum
From any interior property line
... to habitable building 15 feet Note 6
... to accessory structure,
building or parking
5 Note 7
Building Height Limits Note 8
Principal structure and additions 35 35 45 50
Accessory structures 16

Notes:

(1) Minimum of one parking space shall be covered per unit. All parking spaces shall be located within convenient walking distance to each dwelling to which they are assigned

(2) All street-trees shall be located within eight feet of back of sidewalk.

  • (3) Minimum seven percent of required trees shall be box species

(4) Interior property line landscaping shall be increased by five feet when abutting single family residential zone or use

  • (5) Minimum dimension for required open space/yard area shall be 20'x35', see Section 25.20.4.8(A).

  • (6) Interior setback shall be increased by 10 feet when abutting single family residential zone or use

  • (7) Interior setback shall be increased by five feet when abutting single family residential zone or use

  • (8) Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

==> picture [377 x 530] intentionally omitted <==

Figure 25-1: Example of Acceptable

Small Lot Development

==> picture [422 x 249] intentionally omitted <==

Figure 25-1: Example of

Acceptable Small Lot Development (continued)

Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations
Regulations Applicable
Sections and
Footnotes
(all fgures 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 9 du/ac in RLM
10 to 18 du/ac in RM
19 to 25 du/ac in RH
Lot Area (square feet) Note 13
Attached homes No minimum
Detached homes No minimum
Lot Dimensions (Detached Housing Units)
Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations
--- --- ---
Regulations Applicable
Sections and
Footnotes
(all fgures are minimums measured
from property line and in linear feet,
unless otherwise indicated)
RLM, RM and RH Zoning
Districts
Width:
... interior lot 30' in RLM; 25' in RM and
RH
... corner lot 35' in RLM, 30' in RM and
RH
Depth No minimum
Parking
On-site spaces per dwelling 1 covered, 1 uncovered for
homes larger than 960
square feet; 1 uncovered
space for homes less than
960 square feet
Notes 1, 2
Of-site spaces per dwelling 1 uncovered Note 3
Landscaping
Street trees (one tree for each ...) 25 feet of street frontage Note 4
Front yard landscaping installed by
developer
Required
Residential Waste Collection and Storage For new subdivisons with
street frontage, project shall
provide 12 linear feet per unit
on-street for toter
placement. Alternatively,
residential waste can be
disposed of in a shared
Note 14
Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations
--- --- ---
Regulations Applicable
Sections and
Footnotes
(all fgures are minimums measured
from property line and in linear feet,
unless otherwise indicated)
RLM, RM and RH Zoning
Districts
receptacle (dumpster or bin)
contained within an
approved trash enclosure
that meets City of Fairfeld
standards
Open Space
Private open space per unit In RLM zone: 450 square
feet; In RM and RH zones:
280 sf
Notes 5, 12
Common open space (percent of net
project area)
Three percent of net project
area
Notes 6, 15
Recreation amenities At least 50% of common
open space shall be
developed for active
recreational uses. One minor
recreational amenity per 50
units or portion thereof shall
be provided.
Storage Space For dwelling units with less
than 960 s.f.: 100 cubic feet
per unit; can be provided in
a centralized storage area
Buildings
Dwelling unit size 480 square feet in RLM, 200
square feet in RM and RH
Chapter
5A
Lot Coverage (maximum) 50% in RLM, 60% in RM
and RH
Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations
--- --- ---
Regulations Applicable
Sections and
Footnotes
(all fgures are minimums measured
from property line and in linear feet,
unless otherwise indicated)
RLM, RM and RH Zoning
Districts
Setbacks to habitable structures or
unenclosed porch
(not including garage)
Front or street side-yard:
... if front of house faces a monolithic
sidewalk
10'
... if front of house faces a separated
sidewalk
5'
... if front of house faces a private
courtyard
5'
Interior side yard and rear yard Either 0', 4', or as necessary
to provide private open
space
Notes 7, 8
Setbacks to garages
... if garage faces any street 18' Note 9
... if garage faces interior side yard 15'
... if garage faces any alley or courtyard 5' exactly
Building Height Limits (maximum) Note 10
Main dwelling 35'
Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations Table 25-5: RLM, RM and RH Small Lot Development Regulations
--- --- ---
Regulations Applicable
Sections and
Footnotes
(all fgures are minimums measured
from property line and in linear feet,
unless otherwise indicated)
RLM, RM and RH Zoning
Districts
Accessory Structures See Section
25.20.4.1
Note 11

Notes:

(1) Tandem parking within a two-car garage is allowed as required parking. Also, required uncovered parking may be placed in a garage, or off-site (e.g.; as an additional on-street space or in a parking bay).

(2) Three-car garages facing directly toward a street shall not be permitted on any lot less than 55 feet wide. No more than 30 percent of units in a subdivision developed under these regulations shall have a three-car garage facing directly toward a street.

(3) Off-site parking spaces shall be provided within 200 feet of each lot.

(4) All street-trees shall be located within eight feet of back of sidewalk.

(5) Required private open space shall not be located in the required front yard setback, and shall have a minimum uncovered dimension of 8 feet. Partially covered or enclosed rear yard areas shall be allowed to be counted towards 50% of the required open space as long as they are completely open to the rear yard on a minimum of two sides; except as identified in Small Lot Examples "A" and "G" in Figure 25-1.

(6) Projects consisting of 20 or less dwellings shall be exempt from the requirement to provide common open space.

(7) Rear setbacks shall be increased to ten feet for lots that abut an arterial roadway.

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

(9) Garages for homes proposed on lots less than 50 feet in width shall not exceed 60 percent of the front elevation for the home and shall be recessed a minimum of five feet from the habitable portion of the home, not including any front porch.

(10) Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

(11) A garage opening directly to an alley or courtyard shall either have a minimum 18-foot setback or three-foot setback.

(12) Private open space may be reduced to 80 square feet with a minimum dimension of 8' when the project provides at least 200 square feet per dwelling unit of common open space developed for multiple active uses, such as playgrounds, play courts, barbecue areas, pool, etc.

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

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

(15) Detention basins and stormwater quality features may not be counted towards common open space requirements unless usable for active recreational purposes.

(Ord. 2009-06 § 2; Ord. No. 2015-06, § 2; Ord. No. 2017-08, § 2; Ord. No. 2021-14, §§ 2 (Exh. A), 5; Ord. No. 2023-04, § 3; Ord. No. 2025-01, § 2; Ord. No. 2026-01, § 3.)

25.20.3.3 Alternative Multifamily Development Regulations

A. Purpose. This Section is provided to encourage the voluntary reconstruction, rebuilding or rehabilitation of non-conforming multifamily dwellings, and to allow construction of new units on infill sites at a density consistent with surrounding development. To create an incentive for private property owners, the regulations in this section are less restrictive than in Table 25-5 (Multifamily Residential Development Regulations). However, this Section is intended only to apply to lots that are one acre or less, and where development at the existing density is not permitted based on non-conformance of the parcel and/or existing structures with the applicable zoning regulations.

This Section differs from Government Code Section 65852.25 (Reconstruction, restoration or rebuilding of multifamily housing) in that it is not limited to dwellings involuntarily damaged or destroyed. New construction shall meet all applicable codes and design guidelines in effect at the time of approval and/or issuance of a building permit.

B. Applicability. Multifamily projects that comply with all of the following criteria are eligible to use the regulations of this Section. All other multifamily development shall comply with the regulations in Table 25-5.

  1. The net land area of the project is three acres or less, and

  2. The project involves any one of the following activities or situations:

a. Reconstruction or rebuilding of existing multifamily dwelling units;

b. Alteration, rehabilitation or remodeling of existing multifamily dwelling units (including work beyond that allowed by Section 25.46 (Nonconforming Structures and Uses); or

c. Construction of new multifamily dwellings on a vacant infill parcel. A parcel must have development existing on at least two abutting parcels to be considered an infill parcel (see Section 25.50 for a definition of “abutting”); and

d. Construction of multifamily housing as a component of a mixed-use development as per Section 25.22.4.3

e. There is a pre-existing multifamily structure in a legal nonconforming building, and use of the applicable development regulations in Table 25-5 (e.g.; density, open space, parking, setbacks, etc.) would prohibit the rebuilding of the same number of dwelling units and/or units of similar size as were pre-existing on the property.

f. In the case of an infill project which involves reconstruction of an existing multifamily building, use of the development regulations in Table 25-5 would prohibit the development on the subject site of a new project whose density is less than the calculated average number of dwelling units per gross developable acre found on abutting property.

The applicant shall be required to document these situations or activities to the satisfaction of the Director.

  1. The existing multifamily structure is a legal nonconforming building; or, use of the applicable development regulations in Table 25-5 (e.g.; density, open space, parking, setbacks, etc.) would prohibit the rebuilding of the same number of dwelling units on the property (or pre-existing on the property). In the case of an infill project, use of the development regulations in Table 25-5 would prohibit the development of the average number of dwelling units per gross developable acre on abutting property. The applicant shall be required to document these facts to the satisfaction of the Director.

C. Development regulations. Projects that meet the above criteria shall comply with the development regulations in Table 256. Notwithstanding any provision of this Section, the City shall apply all applicable design guidelines necessary to ensure that multifamily development is compatible with surrounding development.

Table 25-6: Alternative Multifamily Development Regulations Table 25-6: Alternative Multifamily Development Regulations Table 25-6: Alternative Multifamily Development Regulations Table 25-6: Alternative Multifamily Development Regulations Table 25-6: Alternative Multifamily Development Regulations
Regulations Zoning District Applicable
Sections and
Footnotes
(all fgures are minimums and/or
linear feet unless otherwise
indicated)
RM RH RVH

Site Planning

Lot Area (maximum) 3 acres
Lot Dimensions (width/depth) (feet) 150/150
Open Space
Private (sq. ft. per ground foor/upper
story unit)
80/48 Notes 1
Common & private open space (% of
net parcel area)
25% Section
25.20.4.8 (A)
Recreational Amenities Required for projects with 10 or
more units
Section
25.20.4.8 (B)
Parking One and one-third spaces per
unit
Note 2
Landscaping Section
25.20.4.8 (C)
Street trees (one tree for each ...) 25 feet of street frontage Note 3
Tree density, on-site 1 tree for each 325 square feet
of landscape area
Laundry Facilities Private or common facilities
required
Table 25-6: Alternative Multifamily Development Regulations Table 25-6: Alternative Multifamily Development Regulations Table 25-6: Alternative Multifamily Development Regulations
--- --- ---
Regulations Zoning District
(all fgures are minimums and/or
linear feet unless otherwise
indicated)
RM RH
Storage Space (private, exterior area
per unit)
100 cubic feet
Trash Enclosures (for garage and
recyclable materials)
Required

Buildings

Lot Coverage (maximum) 50% 60% 60%
Setbacks (feet)
Front 15 Note 4
Side Yard 5 one side, 15 total for both
sides
Rear 15
Building Separation and Special
Setbacks (feet)
Note 5
Between any two buildings 10
Front to front 20 feet between buildings
Front to rear 20 feet between buildings
Building Height Limit 35 45 50 Note 6

Notes:

(1) Private patios shall be completely enclosed on all sides by a fence which is a minimum of 5 feet in height and shall have a minimum depth of 10 feet.

(2) Any fraction of a parking space shall require one additional parking space. Parking located between a main building and a street shall screened by low fencing, berming and/or shrubs.

(3) All street-trees shall be located within eight feet of back of sidewalk.

(4) The front setbacks shall be a minimum of 25 feet for lots that front on an arterial roadway.

(5) Distances required between buildings on the same lot and as yards and courts for dwelling groups shall be increased by two feet for each story that the height of any building or dwelling group exceeds two stories.

(6) Increased height is allowed with approval of a Conditional Use Permit, see Section 25.40.6.

(Ord. No. 2017-08, § 2; Ord. No. 2021-14, § 6.)

25.20.3.4 SB 9 Development Regulations

A. Purpose. Pursuant to Senate Bill No. 9 2021 (SB 9), a residential project shall be granted an administrative permit if the proposed development and/or subdivision meets the specified standards and conditions of SB 9 and meets objective development standards, objective subdivision standards, and objective design standards set by a local agency. Section 25.20.3.4 is provided to specify development, subdivision, and design regulations for housing projects and subdivisions that are eligible under SB 9. Development regulations set forth in this Section are consistent with the City’s vision and design standards for residential districts.

B. Applicability. Pursuant to SB 9, a housing project shall be approved ministerially if it complies with all of the following:

  1. The proposed housing development and/or parcel subdivision is located in a single-family residential zone.

  2. The proposed housing development and/or parcel subdivision does not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or very low income.

  3. The proposed housing development and/or parcel subdivision does not require demolition or alteration of housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

  4. The proposed housing development and/or parcel subdivision does not require demolition or alteration of housing that has been occupied by a tenant in the last three years.

  5. The proposed housing development and/or parcel subdivision does not involve the demolition of more than 25% of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

  6. The proposed housing development and/or parcel subdivision is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.

  7. The proposed housing development and/or parcel subdivision is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

C. Development Regulations. Projects submitted for approval under this section shall demonstrate compliance with the regulations in this Section, including Table 25-2.1.

Table 25-2.1: RVL and RL District Table 25-2.1: RVL and RL District Development Regulations Development Regulations Development Regulations Under SB 9 Under SB 9
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
RVL:40 RVL:20 RVL:15 RL:10 RL:8

Site Planning

Lot Area (square feet)
Minimum 16,000 8,000 6,000 4,000 3,200
Lot Dimensions (feet) Note 1
Width: Note 2
Note 12
... interior lot 60 50 45 40 35
... comer lot 65 55 50 45 40
Depth 75 65 60 55 50 Note 3
Parking Section
On-site spaces per dwelling,
covered
1 25.34
Note 4
Landscaping
Street trees (one tree for each
... feet of street frontage)
35 30 25 Note 5
Front yard landscaping
installed by developer
Not required
Table 25-2.1: RVL and RL District Table 25-2.1: RVL and RL District Development Regulations Development Regulations Development Regulations Under SB 9 Under SB 9
--- --- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
RVL:40 RVL:20 RVL:15 RL:10 RL:8
Buildings
Dwelling Unit Size (square feet)
Minimum 800
Maximum 1800
Maximum Floor Area Ratio 0.25 0.5 0.5 0.5 0.5 Note 10
Setbacks (feet) Note 1
Front: Notes 6, 7,
11
... to habitable portion of bldg.
or side entry garage
30 25 20 20 15
... to garage opening directly
toward street
35 30 25 25 18 Note 13
Street side yard 4 4 4 4 4 Notes 1, 8
Interior side yard:
... minimum one side 4 4 4 4 4
Rear 4 4 4 4 4 Notes 1, 9
Building Height Limits (maximum)
Table 25-2.1: RVL and RL District Table 25-2.1: RVL and RL District Development Regulations Under SB 9 Development Regulations Under SB 9 Development Regulations Under SB 9 Development Regulations Under SB 9 Development Regulations Under SB 9
--- --- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
RVL:40 RVL:20 RVL:15 RL:10 RL:8
Main dwelling 18
Accessory Structures See Section
25.20.4.1
Note 9
Roof Pitch Line 3:12
Wall Plane Transparency 33% Note 14
Trim Around Windows and Doors
(inches)
Width 3
Depth 0.5

Notes:

(1) Lot dimension and setback regulations shall be measured from the outer boundary of any common area or public landscape easement (e.g., rear fence line) on comer lots and lots backing onto a roadway

(2) Minimum lot width is measured 25 feet from front property line or at minimum required front yard setback for garage, whichever is greater (see Section 25.51, Measurements).

(3) Lot depth may be reduced by two feet for lots with separated sidewalk at front property line to accommodate wider rightof-way.

(4) Pursuant to Senate Bill 9 (2021), No on-site parking space is required if the parcel is located within one-half mile of a highquality transit corridor or major transit stop or there is a car share vehicle located within one block of the parcel.

(5) All street-trees shall be located within eight feet of back of sidewalk.

(6) Front setbacks may be reduced by two feet for lots with separated sidewalk at front property line provided the distance between the front property line and garage door is 18 feet or greater for homes with garages open directly toward street.

(7) Front setbacks shall be increased by five feet for lots that front on an arterial roadway.

(8) For lots with the garage facing the street side-yard, the minimum distance between the street-side property line and garage door shall be 18 feet or greater.

(9) A garage opening directly to an alley shall either have a minimum 18-foot setback or maximum three-foot setback.

(10) Calculate Floor Area Ratio by dividing total square footage of all floors of all non-accessory structures on a lot, including attached garage, by total lot area.

(11) Structures that preexist a subdivision pursuant to Senate Bill 9 (2021) may have a zero foot side and rear setback, but must comply with all applicable public safety regulations at the time of new subdivision

(12) Flag lots may have a minimum width of 16 feet for portions of a lot that serve to provide access from a street

(13) In the RVL:40, RVL:20, and RVL:15 zoning districts, garages shall not exceed 50 percent of the front elevation for the home; in the RL:10 and RL:8 zoning districts, garages shall not exceed 60 percent of the front elevation for the home

(14) Transparency shall include windows, glass, or similar features that provide light to habitable areas within the house. This regulation applies only to wall planes that are visible from the public right of way.

(15) Where the application of regulations in Table 25-2.1 conflicts with Senate Bill 9 (2021), the conflicting regulations shall be modified by the minimum amount required to comply with Senate Bill 9 (2021)

  1. Housing development projects approved under this Section shall meet the following standards:

a. The proposed housing development will not require demolition or alteration of any of the following types of structures:

i. 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.

ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

iii. Housing that has been occupied by a tenant in the last three years.

b. When a housing project consisting of two units is developed on an existing parcel (i.e., a parcel not created by an urban lot split), up to two accessory dwelling units (ADU) may be added to the parcel under current ADU law.

c. When two parcels are created by an urban lot split, up to two residential units of any kind (including accessory dwelling units and junior accessory dwelling units) may be developed on each of the two new parcels. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

d. When an urban lot split is combined with a housing project development, no ADUs or Junior ADUs are permitted on the new parcels.

  1. Subdivision projects approved under this Section shall meet the following standards:

a. A parcel map for an urban lot split shall create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

b. The subject parcel to be subdivided as part of an urban lot split project under SB 9 must not have been established through prior exercise of an urban lot split as provided for in SB 9 or this Section.

c. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9 or this Section.

  1. Utilities for Housing Development Projects and Subdivisions Under SB 9

a. Each separate, legal parcel shall have one (1) public water meter, water service, public sewer cleanout, and sewer service ADU’s shall share water and sewer services with the main residential home/ duplex.

b. Each unit, excluding ADUs, shall have separate public water and sewer service connections to the public utility mains, including separate water meters and sewer cleanouts. Water services shall have unique addresses, correlated with the unique

address assigned to each unit. Water manifolds are not permitted.

  • c. Shared water and sewer services between separate, legal parcels are not permitted.

d. Utility services for proposed ADUs shall be connected to on-site water and sewer infrastructure and separate utility connections to the public water and sewer mains exclusively for proposed ADUs are not permitted.

e. Parcel maps submitted under SB 9 shall include a 10 foot wide Public Service Easement (PSE) if none already exists along the street frontage.

f. Driveway and Sidewalk Standards for Housing Development Projects Under SB 9:

i. Proposed driveways shall be designed per City Standard Detail except as modified as the requirements in this Section.

ii. Proposed driveway widths, including flares, shall not exceed 45% of the new property line lineal feet along the street.

iii. If the existing driveway is damaged, does not exist, and/or does not meet City standard detail, the developer shall replace any existing driveways with new driveways per current City standards and specifications.

iv. Shared driveways shall be a minimum of 24 feet wide. A reciprocal access and utility easement shall be recorded across shared portions of the proposed parcels.

v. If the existing sidewalk is damaged, does not meet City Standard detail, and/or does not exist, the developer shall replace the sidewalk per City standards and specifications with a minimum width of 4.5 feet or matching the width of any existing sidewalk adjacent to the parcel frontage.

D. General Restrictions.

  1. Applicants for an urban lot split are required to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

  2. A rental of any unit created pursuant to SB 9 and this Section is required to be for a term longer than 30 days.

  3. The City may deny a proposed housing development project if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact on public health and safety or the physical environment. (Ord. No. 2023-02, § 2.)

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:

  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 zoning 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.

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

  2. Maximum Lot Size. 5 acres.

  3. 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.

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

  5. 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. (Ord. No. 2026-01, § 5.)

25.20.4 Specific Regulations

This Section provides site planning and development standards for land uses that are allowed by Table 25-1 (Residential Land Uses). Each of the uses or improvements identified below shall be subject to Section 25.40.1 (Permit Requirements).

25.20.4.1 Accessory Structures and Room Additions

A. Applicability. This section shall apply to room additions and to any structure or use that is customarily incidental to a residence, including patio covers, detached garages, gazebos, sheds, animal enclosures, cabanas, carports, greenhouses, spas, studios, tennis courts, workshops, and other similar structures. This section shall not apply to swimming pools or any structure exempt from this Ordinance, as identified in Section 25.10.6. Furthermore, the regulations contained in this section shall only be applicable to properties where the principal building on the property is a single-family detached dwelling or

duplex. Additions and accessory structures for dwellings in structures of three or more units shall comply with the applicable regulations in Table 25-4 or Table 25-6. Non-residential additions and accessory structures in residential zoning districts shall comply with Section 25.20.4.9 (Non-Residential Development).

B. Definition. For the purpose of this Section, an accessory structure shall include any of the following:

  1. Any spa, tennis court, or similar facility (not including swimming pool, which are exempt from this Ordinance – see Section 25.10.6);

  2. Any uninhabitable detached structure. “Detached”, for the purpose of this section shall mean no physically connection between structures, other than a common foundation or concrete slab; or

  3. Any attached structure that is open on three or more sides, with a solid or lattice roof.

Any structure that does not meet any of the above conditions shall be considered a room addition. For the purpose of compliance with setback regulations, accessory dwelling units shall be subject to the regulations identified for room additions (see Section 25.20.4.11 for Accessory Dwelling Unit regulations).

  • C. General Requirements.
  1. Design. Room additions and accessory structures visible from the public street shall be compatible with the design of the main building in terms of form, exterior siding, roof materials, trim and color, and window placement and type.

  2. Kitchen facilities. Except for structures open on three or more sides, no kitchen and bathroom combinations shall be allowed in any accessory structure. Accessory structures with kitchen/bathroom combinations not open on three or more sides shall comply with Section 25.20.4.11 (Accessory Dwelling Units).

D. Animal shelters. The following additional regulations shall apply to any accessory building used to shelter animals:

  1. Stables and paddocks. A private horse stable or paddock shall be located no closer than 40 feet from any dwelling, 60 feet from the front property line, and 25 feet from the side property lines.

==> picture [405 x 278] intentionally omitted <==

----- Start of picture text -----
Table 25-7: Accessory Structure and Room Addition Regulations
(applicable to all properties with single family attached or detached dwellings in any
zoning district)
Regulations
Small Large
Accessory Accessory Room Additional
(all figures are minimums and/or lineal
feet, unless otherwise indicated) Structure Structure Addition Regulations
Height and Size Limits
----- End of picture text -----

Maximum height 7 feet 16 feet 35 feet Note 1
Maximum size (foor area) 60 sq. ft. No limit No limit
Location Behind
solid 6 ft.
or higher
fence
Rear half
of usable
lot
Within
allowed
setbacks
Note 2
Rear yard coverage No limit 20% 20% Notes 3 and
4

Setbacks

From front property line Same as
for existing
Same as
for existing
Same as
for
existing
home
From street side-yard property line home home
From interior side property line - between
dwelling and property line
0 feet
From interior side property line - not
between dwelling and property line
0 feet 3 feet
From rear property line 0 feet 3 feet 15 feet Note 5

(1) Large accessory structures may be built up to 35 feet in height if the structure satisfies all regulations for a room addition.

(2) Carport, porticos, and entry features over front-yard gates shall be permitted on the front-half of the lot. However, all carports and porticos shall meet the front setback required for the home on the property. Front-yard entry trellises may be placed on the front property line, but shall be no taller than eight feet.

(3) The following shall not be counted toward rear-yard coverage: trellis structures that are open on at least three sides, without a solid roof, and less than 10 feet in height; pavement or decks less than 30 inches in height; and swimming pools and spas.

(4) Room additions and accessory structures may cover up to 30 percent of a rear yard when combined.

(5) The required rear setback for open patio covers (open on at least three sides) shall not exceed 3 feet.

(Ord. No. 2008-08 § 2.)

25.20.4.2 Common Area Uses and Facilities

This Section establishes regulations for land uses and facilities in residential developments constructed for the benefit or convenience of project residents. The purpose of these regulations is to allow these uses where they can be conveniently located to serve project residents without the need for rezoning. Where a facility is proposed to serve residents other than those in the same project and the use is not allowed on the site, a General Plan Amendment and/or Rezoning shall be required.

A. Permitted common area facilities. Common area uses and facilities that provide a recreational amenity (excluding golf courses), provide an essential service to residents (e.g., group dining in a senior housing project), support the operation of a homeowners’ association or group, and do not involve retail, service, or restaurant trade shall be permitted without a Conditional Use Permit. Examples include:

Child day care center or preschools

Offices, community centers and meeting rooms

Group dining facilities (e.g., within a senior housing project)

Project amenities (e.g., tot lots, swimming pools, and picnic areas)

Recreational facilities (e.g., an athletic club)

B. Conditionally permitted common area facilities. A Conditional Use Permit shall be required for facilities engaged in retail sales, personal services, or a restaurant. These uses shall not be located in a freestanding building. Examples include:

Equestrian facilities

Food markets and/or delicatessens

Personal services (e.g., barber shops, dry cleaning)

Recreational vehicle storage facilities

Restaurants with table or counter service (excluding drive through service)

Retail sales

C. Location. A common area facility shall be conveniently located within the development it serves and shall not be located to encourage patronage by persons other than residents.

D. Design. In addition to any other site design standards established by this Ordinance, common area facilities in residential zoning districts shall comply with the following:

  1. Architecture. All structures shall be architecturally compatible with the surrounding neighborhood. Scale, roof lines, and materials shall complement surrounding buildings. Architectural treatment for all elevations visible from abutting residential uses shall provide visual relief and design interest.

  2. Buffering. Buffering of residential uses along interior side and rear property lines may be required depending on the scale and intensity of the use in relation to surrounding uses. Where determined necessary by the City, buffering shall be provided by either:

a. A six foot high solid masonry wall and five feet of perimeter landscaping; or

b. A six foot high solid wood fence and 10 feet of perimeter landscaping.

  1. Perimeter landscaping. All perimeter landscaping shall be compatible with surrounding residential uses.

  2. Size. All facilities shall be of a scale, proportion, and intensity necessary to serve the projected population of the residential project.

  3. Signs. All signs shall be of a size and height appropriate for a residential setting and shall comply with the Signs Ordinance. The design shall complement the project architecture and community design plan elements.

E. Operation. All common area uses and facilities shall be operated to serve residents of the development in which the use or facility is operated. Use and operation of the facilities shall be under the control of the residential project management or homeowners’ association.

25.20.4.3 Garage Conversions

This section establishes regulations for the conversion of an existing garage to habitable space for domestic use, except for when said conversion involves the creation of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit, in which case the regulations in Section 25.20.4.11 shall apply.

The applicant shall submit all necessary information and drawings to demonstrate compliance with the Zoning Ordinance and this section.

A. Minimum lot size. No garage conversion shall be permitted on a lot less than 4,500 square feet.

B. Parking requirements. A garage conversion shall only be permitted when one on-site parking space is provided for each required parking space displaced by the conversion, if the space is required by this ordinance. Garages may be converted to an ADU or JADU without replacing the parking displaced by the conversion.

C. Design. The conversion shall be architecturally consistent with the design of the house using one of the following alternatives:

  1. The garage door is left intact in a permanently closed position; or

  2. The garage door remains intact and functional, with a storage area between a partition wall and the garage door; or

  3. The garage door and all necessary remnants are removed, and the garage door opening is treated with building materials and design detail to match the remainder of the house. An in-ground landscaped planter, or raised masonry planter, 30 inches in depth shall be installed between the driveway and where the garage door is to be removed. This planter shall be reduced in depth if necessary to maintain an 18-foot-long driveway, measured from the back of the sidewalk to the landscaped planter. Where there is insufficient driveway depth to provide a planter of at least 18 inches, the alternatives in paragraph (C)(1) or (C)(2) above shall be used. (Ord. No. 2021-21, § 6; Ord. No. 2023-04, § 4.)

25.20.4.4 Garage Sales

Garage sales and estate sales (which include estate auctions) shall be subject to the following regulations:

A. Merchandise. Only the sale of personal household items is allowed. The sale of items acquired for resale or items assembled or manufactured on the premises (including products from a home occupation) is prohibited. All transactions shall take place on the property of the owner conducting the event.

  • B. Displays. No item for sale shall be displayed within the public right-of-way.

C. Duration and frequency. A sale or auction shall not exceed four consecutive days and occur no more than two times per calendar year on any one parcel. This regulation does not preclude the sale of individually advertised items at any time, provided they are not displayed so as to be visible from public view, other than legally parked vehicles and trailers.

25.20.4.5 Home Occupations

This Section allows for home-based business activity that is clearly subordinate and compatible with residential land uses, and will not negatively impact the character of the residential area. Childcare businesses are not regulated by this section but are instead subject to Section 25.32.5 (Child Day Care Facilities and Private Schools).

A. Permit requirements. No person shall conduct a home occupation without a Home Occupation Permit (concurrent with a Business License, as required in Chapter 10b of the City Code). Home occupation permits shall not be transferred to other persons or locations.

  • B. Operating standards.
  1. Accessory use only. Home occupations shall be clearly incidental and accessory to the use of the residence as a dwelling.

  2. Prohibited activities, equipment, and materials. The following uses and activities are prohibited as part of any home occupation:

a. Use of equipment or machinery that is not customarily incidental to domestic use (e.g., cement mixers, tractors, and paint booths).

b. Equipment, machinery, or processes that create noise, smoke, glare, fumes, odor or vibration (e.g., assembly requiring power tools, carpentry) offensive to a reasonable person at the property line.

c. Uses that involve activities or use of equipment or materials on more than an intermittent basis so as to change the fire safety or occupancy classification of the premises (e.g., welding).

d. Activities that cause electromagnetic (e.g. radio, television, etc.) interference to surrounding properties.

  • e. Use or storage of chemicals or processes that are not customarily associated with domestic use.

  • f. Repair of motor vehicles.

g. Escort services, meaning a person who, for a fee, commission, hire, reward or profit, accompanies other persons to or about social affairs, entertainments or places of amusement or consorts with others about any place of public resort or within any private quarters

C. Customers. Up to eight patron visits per day shall be permitted between the hours of 7:00 AM and 7:00 PM. There shall be no restriction on the number of patrons visiting at any given time so long as the total number of visits per day does not exceed eight.

D. Delivery or pick-up of items. Delivery or pick-up to or from the premises, except postal and small parcel, is prohibited. No more than four small parcel deliveries shall be permitted each day.

E. Employees. No persons, other than residents of the household for which the permit has been issued, shall engage in the home occupation at the home.

F. Exterior evidence of use prohibited. To ensure that dwellings for which home occupation permits have been issued remain compatible with surrounding residential use, the following regulations shall apply:

  1. The home occupation shall be conducted entirely within the principal dwelling.

  2. Incidental storage in a garage or any activities associated with the home occupation shall not displace any required parking in currently usable garage.

  3. The home shall not require any alteration not customarily associated with residential use. Home occupation activities shall not be visible from the public rights-of-way or neighboring properties.

  4. Outdoor storage or storage in any accessory building or structure is prohibited.

  5. There shall be no window display, sign, or other identification of the home occupation on the premises. No off-site sign shall be placed as to denote the location of the home occupation.

  6. No home occupation shall produce quantities or types of refuse not customarily associated with a residential use.

G. Firearms sales. Prior to receiving a Home Occupation Permit, firearms dealers shall provide a written statement to the Department specifying that:

  1. No firearms, ammunition, or accessories shall be sold or offered for sale on the premises.

  2. The exchange of firearms shall only be conducted at gun shows.

  3. No stock in trade shall be kept on the premises, and no services shall be conducted on the premises.

In the event that Federal or State law prohibits the exchange of merchandise outside of the home (i.e., the business location), Home Occupation Permits for firearms sales shall become void.

H. Vehicles, parking, and traffic. No vehicle shall be allowed in conjunction with a home occupation that has been manufactured or altered to provide mobile services. Examples of vehicles that have been manufactured or altered to provide mobile services include, but are not limited to, ice cream trucks, catering trucks, or tow trucks. Parking needs and traffic volumes generated by the home occupation shall not exceed that typically generated by a residential use. (Ord. No. 2015-06, § 2.)

25.20.4.6 Mobile Homes

A. Applicability. Mobile homes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974) on lots zoned for single-family dwellings and to be used as permanent dwellings are subject to the requirements of this Section. Mobile homes placed in mobile home parks (Section 25.20.4.7) that are regulated by the California Department of Housing and Community Development, are not subject to the provisions of this Section. Modular (also known as “factory-built") housing units are considered the same as single-family dwellings for the purposes of this Zoning Ordinance, and are not subject to the provisions of this Section.

B. Certified mobile homes. Mobile homes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.), are subject to the following standards:

  1. Location. As required by Government Code Section 65852.3, mobile homes for permanent occupancy are considered the same as single-family dwellings, and are permitted by Section 25.20.2 (Allowed Uses and Permit Requirements) in all zoning districts that allow single-family dwellings. However, mobile homes are not allowed within a historic district or on any parcel with a building, structure, object or place having special historical interest or value, provided the building, structure, object or place is listed in the National Register of Historic Places.

  2. Foundation system. The mobile home shall be placed on a foundation system in compliance with Section 18551 of the Health and Safety Code.

  3. Architectural standards. The same development regulations that apply to single-family dwellings shall apply to mobile homes, including the provision of covered parking. In addition, the following specific design requirements shall apply:

a. All homes shall have a minimum eaves dimension of one foot.

b. All siding shall be non-reflective and shall be installed from the foundation up to the eaves.

c. All roofing material shall be consistent with that found in the surrounding neighborhood.

d. All roofs shall have a minimum pitch of 3:12.

C. Non-certified mobile homes. Mobile homes that are not certified under the National Mobile Home Construction and Safety Act of 1974, and that do not meet the requirements of Subsection A. above shall be placed only in mobile home parks.

D. Density. The number of certified mobile homes that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by Section 25.20.3 (Development Regulations).

E. Storage of unoccupied mobile homes. Unoccupied mobile homes or portions thereof that are not fixed to a foundation shall be stored only in a mobile home sales lot, or an approved storage yard.

25.20.4.7 Mobile Home Parks

The following regulations are intended to ensure that new, expanded or reconstructed mobile home parks are located and established so as to be compatible with adjacent residential neighborhoods and commercial areas.

The planning and design of features and amenities internal to any mobile home park, including lots and other areas within parks, and the permitting of individual mobile homes within mobile home parks is regulated by the California Department of Housing and Community Development (HCD), and is not subject to the provisions of this Section. The City shall however have the right to regulate any internal features and amenities where not specifically preempted by the State.

A. Site planning and design standards. Mobile home parks and subdivisions shall conform to the following minimum standards affecting exterior property:

  1. Minimum site area: Five acres.

  2. Density: A maximum of eight mobile homes spaces per gross developable acre in the RVL, RL, and RLM zoning districts. A maximum of 12 mobile homes spaces per gross developable acre in the RM, RH, and RVH zoning districts.

  3. Mobile home park boundaries. All structures, including mobile homes, shall be set back from property lines as follows:

  • a. Street property lines: 20 feet; and

b. Perimeter property lines not abutting streets: 10 feet

  1. Landscaping. The perimeter of mobile home parks shall be landscaped as follows:

a. Landscaping shall be installed within adjacent street rights-of-way and at least 15 feet into the site (measured from the property line), except where traversed by access driveways; and

b. All other required setback areas shall be fully landscaped.

  1. Fencing. The perimeter of a mobile home park or subdivision shall be enclosed by a six-foot high solid masonry wall (or other approved material), located behind the required landscaping along street frontages and along property lines not abutting streets.

B. Conversion of mobile home park to another use. Any subdivision of an existing mobile home park or conversion of an existing mobile home park to another land use shall be subject to the provisions of the Government Code related to mobile home park closure, commencing at Section 65863.7.

25.20.4.8 Multifamily Development

This Section provides regulations for new multifamily development in addition to the regulations contained in Tables 25-5 and 25-6. For the purposes of this section and Tables 25-5 and 25-6, the term “multifamily” means three or more dwelling units in any single structure including, but not limited to, apartments, townhouses, and condominiums. Multifamily does not include duet units (two units attached to each other on separate properties) in the RH or RVH zoning district, which shall instead comply with Table 25-4: RLM and RM Small Lot Development Regulations. This Section is intended to ensure that multifamily development is compatible with adjacent land uses and will promote the long-term viability of neighborhoods in which they are proposed.

A. Open space. No less than 50 percent of the required common open space in a project shall be usable, having a dimension of 20 by 35 feet, and improved for passive or active open space. This standard may be adjusted through the approval of an individual project to a lower percentage where the review authority determines that high quality design will maximize the functional and aesthetic purposes of open space, such as creation of large consolidated open areas and/or the addition of landscape features which decrease the perceived mass and scale of large buildings and parking lots.

B. Required amenities. The minimum number of recreational amenities required in a new multi-unit project is established in Table 25-8 below. The overall mix of facilities shall provide for a variety of activities, and shall consider the needs of different age groups anticipated in the project.

For the purposes of this Section, recreational amenities are categorized as follows:

  1. Major. Recreation buildings; swimming pools; tennis, baseball, or handball courts (regulation size and surface), child care facilities, and other such amenities requiring significant investment and appropriate to serve residents of the project as

determined by the City; and

  1. Minor. Children’s play areas, sand volleyball courts, basketball half courts, a spa or sauna, picnic and barbecue areas and other such amenities requiring substantial investment and appropriate to serve residents of the project as determined by the City. Can include indoor amenities such as small gyms, shared resident media lounges, and shared dining and kitchen facilities.
Table 25-8: Multi-Family Recreational Amenities - 25-8: Multi-Family Recreational Amenities - 25-8: Multi-Family Recreational Amenities - 25-8: Multi-Family Recreational Amenities - 25-8: Multi-Family Recreational Amenities - Minimum Requirements Requirements
Dwelling Units
Type 4 or
less
5 - 25 26 -
100
101 -
150
151 -
200
201 -
250
251 -
300
301 or
more
Major 0 0 1 1 2 2 3 plus 1 per
100
additional
dwelling
units
Minor 0 1 1 2 2 3 3 plus 1 per
50
additional
dwelling
units

C. Landscaping. All landscaping shall comply with the landscaping requirements identified in Table 25-5: Multifamily Development Regulations and Table 25-6: Alternative Multifamily Development Regulations. Preliminary and final landscape plans for multifamily developments shall be prepared by a landscape architect licensed by the State of California.

D. Maintenance plan and program. A continuous maintenance and management program shall be required for each development and compliance with the approved plan and program shall be required as a condition of approval of the development.

  1. Maintenance standards. Definitive standards for maintenance of landscaping for each project shall be established in the form of conditions of approval. The City, to the extent legally permissible, shall establish a lien process whereupon making specified findings, the City may perform the required maintenance and place a lien on the property to recover maintenance costs.

  2. On-site management. An on-site resident property manager shall be provided for any multifamily development consisting of 16 or more apartment units.

E. Consolidation of parcels. As a condition of approval for the development of any multi-unit project that includes more than one parcel, all parcels shall be merged, or otherwise consolidated in a manner consistent with the City and State law, prior to issuance of any building permit. The purpose of this requirement is to provide a guarantee of common ownership, maintenance and management of multi-unit projects. Within townhouse and condominium developments, the sale of land or air space for individual dwellings is permitted. Multi-plex dwellings, such as tri-plex, four-plex or row houses, on individual parcels of land with no common area are exempt from this Section. (Ord. No. 2017-14, § 8.)

25.20.4.9 Non-Residential Development

This Section applies to land uses identified as “non-residential” in Table 25-1. This section shall not apply to any public or private park, public safety facility, major/minor public utility, agricultural land use, or to temporary uses and events. The intent is to ensure that these land uses are developed in a manner compatible with nearby residential areas and that a sufficient supply of quality affordable housing sites is maintained to meet the City’s housing needs.

A. Location. Non-residential development shall front on a collector or arterial street.

B. Maximum parcel size. Non-residential development located in the RM, RH, or RVH zone district shall occur on sites less than two acres to ensure that properties best suited for multifamily housing are preserved for housing. The City may modify this requirement during the Development Review and/or Conditional Use Permit review process if it is determined by the City that the suitability of the property for multifamily dwellings is diminished by environmental or design constraints.

C. Proximity to other non-residential uses. The quantity and mix of non-residential uses in a neighborhood shall not adversely impact the residential character of the area.

D. Development regulations. All development shall comply with the applicable regulations identified by this Ordinance except that:

  1. Building setbacks for nonresidential structures shall be designed to preserve the overall visual character of the residential environment.

  2. No new building or accessory structure shall be located closer than 10 feet from any common residential property line; and

  3. Parking lots fronting street rights-of-way shall be set back a minimum of 15 feet from the property lines.

E. Design. Non-residential uses subject to this section shall comply with the following regulations:

  1. When located in an existing residential area, all structures that front public rights-of-way shall be architecturally compatible with the surrounding neighborhood. Scale, rooflines, and materials shall complement the surrounding residential development.

  2. All setback areas shall be landscaped.

  3. Buffering of residential uses along interior side and rear property lines shall be provided using a minimum six-foot high solid masonry wall and five feet of perimeter landscaping.

  4. All building elevations visible from adjacent residential areas shall provide visual relief and design interest through architectural detail.

  5. Overhead doors shall not be visible from any public right-of-way and adjacent residential areas. Outdoor storage, except a recreational vehicle storage lot, is prohibited.

F. Project review on multifamily sites. The approval authority shall consider the following items when reviewing a Conditional Use Permit for a non-residential use on land zoned for multifamily development:

  1. The city-wide vacancy rate among multifamily development of 10 or more units; and

  2. If the suitability of the site for multifamily development is diminished based on environmental or design constraints, such as noise from an adjacent rail line.

The applicant shall be responsible for providing any pertinent information or data required by the City to review the project site relative to the above factors.

G. Required findings. In addition to the standard findings required for action on a Conditional Use Permit, the following findings shall be made by the approval authority prior to granting approval of a project subject to this section:

  1. The project will be compatible with the surrounding neighborhood and will not have a detrimental effect on the ability to construct multifamily housing on adjacent sites if those properties are zoned for such; and

  2. The project will not have a substantial adverse impact on the diversity of housing types or provision of affordable housing within the City. (Ord. No. 2013-07, § 2.)

25.20.4.10 Residential Occupancy

All dwelling units, and the number of occupants thereof, shall meet the Space and Occupancy Standards of the Uniform Housing Code as may be amended and adopted by the City from time to time. Any dwelling that does not meet the minimum floor area requirements shall be considered overcrowded and is in violation of this Ordinance.

25.20.4.11 Accessory Dwelling Units and Junior Accessory Dwelling Units

A. Purpose and Applicability. The purpose of this Section is to establish procedures for permitting accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) on lots zoned for residential uses, and to implement state law requiring consideration of such uses. ADU and JADU are defined in Section 25.50. In accordance with state law, ADUs and JADUs are accessory uses and shall not be counted as an additional dwelling for the purposes of calculating permitted General Plan or residential zoning density.

  • B. Application Procedures.
  1. Before constructing an ADU or JADU, an applicant shall obtain permits in accordance with this section.

  2. Projects Subject to ADU Permit Review.

a. Except as otherwise exempted herein, for all ADUs, an application for a Planning ADU Permit shall be submitted to the Planning Division on prescribed forms that demonstrates that the ADU complies with the requirements of this section.

b. An application for a Planning ADU Permit shall be processed and considered ministerially, without discretionary review or a public hearing, consistent with the requirements of this section and state law, within 60 days of submittal of a complete application. The 60-day review period shall not apply when:

i. If a Planning ADU Permit application is submitted with an application for a single-family or multi-family dwelling that is subject to discretionary review under this Chapter 25, the ADU permit application shall be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.

  • ii. The applicant seeks a delay.

c. In addition to obtaining a Planning ADU Permit, the applicant shall be required to obtain a building permit and any other applicable construction-related permits prior to construction of the unit.

  1. Projects Exempt from Obtaining a Planning ADU Permit.

a. An applicant shall not be required to obtain a Planning ADU Permit if the proposed unit meets the requirements of Government Code Section 65852.2(e)(1) and the California Building Standards Code, as amended by the City. Any applicant for an ADU which does not require an ADU permit may submit a building permit application directly to the Building Division.

b. JADUs are exempt from obtaining a Planning ADU permit and may submit a building permit application directly to the Building Division.

  1. Except for ADUs and JADUs that are exempt from obtaining an ADU permit under subsection (3) above, any illegal building additions or accessory structures located on the parcel shall be brought into compliance with the City Code prior to approval of an ADU.

  2. The City shall not issue a certificate of occupancy for an ADU or JADU before issuing a certificate of occupancy for the primary dwelling.

  3. Applications to construct an ADU or JADU on a property that is designated as historic resources by the City, the State of California, or by the National Register of Historic Places, shall show substantial compliance with the guidelines of the Secretary of the Interior for development on such properties.

C. General Restrictions.

  1. No ADU or JADU shall be sold separately from the primary residence.

  2. An ADU or JADU may only be rented, leased, and/or occupied for residential purposes. If an ADU or JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

  3. All ADUs and JADUs shall comply with the California Building Standards Code, as amended by the City.

  4. No additional parking shall be required to be provided for either an ADU or a JADU.

  5. If a fire sprinkler system is required for the primary residence, a fire sprinkler system must be installed in an ADU.

  • D. ADU Standards.
  1. Location and number of ADUs.

a. Subject to the requirements in this section, one detached ADU and one JADU, or one ADU, is permitted on a lot where a single-family dwelling, duplex, duet, or multi-family dwelling is a permitted use, and there is an existing or proposed singlefamily dwelling, duplex, duet, or multi-family dwelling, where the requirements of Government Code Section 65852.2(e)(1)(A) and (B) are satisfied.

b. One or more ADUs may be permitted on a lot with an existing multi-family dwelling or duplex where the requirements of Government Code Section 65852.2(e)(1)(C) or (D) are satisfied.

  1. Development Standards. Except for those ADUs exempt from obtaining an ADU Permit, as provided in subsection (B)(3) above, ADUs shall comply with the following:

a. Unit Size and Height.

i. An attached ADU shall not exceed 50 percent of the floor area of the primary dwelling or 1,200 square feet, whichever is less.

ii. A detached ADU shall not exceed 1,200 square feet.

iii. The maximum height for an ADU shall be 16 feet, measured to the roof peak. When more than 50% of the gross floor area of an ADU is located above an existing or proposed garage, the entire combined structure shall not exceed 25 feet in height.

b. Setbacks.

i. No setbacks shall be required for conversion of an existing living area or accessory structure into an ADU, or the new construction of an ADU in the same location and to the same dimensions of an existing structure.

ii. For all other ADUs, the required setback from side and rear lot lines shall be four feet, and the ADU shall conform to the front yard setback regulations applicable to the zoning district in which it is located.

iii. A detached ADU shall be a minimum of five feet from the primary dwelling, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling.

c. ADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein. Where the application of lot coverage, floor area ratio, setbacks, or other development regulations would not permit construction of an 800-square-foot ADU that is 16 feet in height with four-foot side and rear yard setbacks, the regulation(s) at issue shall be waived to permit such an ADU.

  1. Architectural Design.

a. An ADU shall have a separate exterior access independent from the primary dwelling.

b. Where an ADU will be visible from a public street, design elements shall be used that are similar in materials, color, style, and form to the primary dwelling, including the exterior siding, trim and color, roof materials, and window placement and type.

An ADU that is located behind the primary dwelling and that will not be visible from the public street shall use decorative exterior cladding and window treatments suitable for a permanent residence.

c. Windows Within 15 Feet of a Property Line.

i. All windows that face a side yard adjoining a side yard of an adjacent property and are located within 15 feet of the shared property line shall be clerestory (minimum of 6.5 feet above the finished floor height).

ii. The requirement in i. above does not apply if the residential structure on the adjacent property has no windows or only clerestory windows on the building elevation that faces the ADU.

iii. Other window types may be allowed on the building elevation following submittal of an application for and approval of a Plan Review application by the Zoning Administrator or with written approval from the adjacent property owner that faces the window(s).

d. Exterior lighting shall be shielded or directed so that it does not glare off site or illuminate the primary residence or an adjacent property.

e. All ADUs must have a permanent foundation.

f. No more than 40 percent of the frontage of a parcel shall be devoted to driveways. This standard may be modified for lots in a cul-de-sac, flag lot, or at an expanded corner with narrow frontage (see Section 25.50, Definitions of Terms and Phrases).

E. JADU Standards.

  1. Subject to the requirements in this section, one JADU is permitted on any property where single-family residential use is a permitted use and there is an existing or proposed single-family dwelling.

2. Development Standards.

a. JADUs shall comply with the development standards applicable to the zoning district in which they are located, except as modified herein.

b. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet.

c. A JADU must be contained entirely within the walls of an existing or proposed single-family dwelling.

d. A JADU shall, at a minimum, include an efficiency kitchen meeting the requirements of Government Code Section 65852.22.

e. A JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit. JADUs that share sanitation facilities with the principal dwelling unit are required to maintain an interior connection between the JADU and the primary dwelling.

f. Any exterior improvements associated with the development of a JADU shall conform to the zoning regulations applicable to the property.

F. Utilities and Fees.

  1. ADUs and JADUs shall be subject to the payment of all water, sewer, or other utility fees, except as otherwise provided in this section or in Government Code Sections 65852.2 and 65852.22.

a. Except where constructed with a new single-family dwelling, an ADU or JADU that meets the requirements of Government Code Section 65852.2(e)(1)(A) shall not be required to install a new or separate utility connection directly between the ADU/JADU and the utility, and shall not be charged a connection fee or capacity charge.

b. For any ADU or JADU not exempted under subsection (a) above, the City may require a new or separate utility connection between the ADU/JADU and the utility and may charge a connection fee or capacity charge, at the discretion of the Building

Official. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU/JADU, based on its square feet or the number of drainage fixture unit (DFU) values, upon the water or sewer system.

c. An ADU or JADU shall not be considered a new residential use for purposes of calculating connection fees or capacity charges, except where constructed with a new single-family dwelling.

  1. JADUs and ADUs less than 750 square feet shall not be subject to any impact fees. ADUs that are 750 square feet or larger shall be subject to applicable impact fees, charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, “impact fee” shall have the same meaning as in Government Code Section 65852.2(f).

G. Owner occupancy of a residential property is required for any property with a JADU. The property owner may reside within the remaining primary residence or the newly created JADU. This subsection does not apply to a property owned by a government agency, land trust, or housing organization.

H. The applicant for a JADU shall record prior to issuance of a Certificate of Occupancy on a form approved by the City a deed restriction that shall run with the land and requiring conformance with all requirements of Government Code Section 65852.22 and this section of the Fairfield Municipal Code. A copy of the deed restriction shall be filed with the Planning Division. (Ord. No. 2008-08 § 2; Ord. No. 2017-03, § 2; Ord. No. 2018-03, § 2; Ord. No. 2018-09, § 2; Ord. No. 2020-05, § 5; Ord. No. 2021-14, § 4; Ord. No. 2023-04, § 5.)

25.20.4.12 Subdivision Model Homes, Trailers, and Sales Offices

Model homes, subdivision sales offices, trailers, and subdivision model home complexes shall comply with the following regulations:

A. Limitation on office use. The sales office shall be used only for selling new homes located within the subdivision where the office has been established.

B. Parking. Temporary parking facilities shall be constructed of asphalt and striped in compliance with City standards. A parking lot may not be required for a subdivision sales trailer. However, the trailer may not be located on a collector street and adequate on-street parking must exist to the satisfaction of the Director.

C. Conversion. All installations related to the sales activity (e.g., display partitions, canopies, walls, etc.) shall be removed and any room used for sales activity shall be converted to the approved residential use prior to occupancy. Temporary parking facilities installed to serve any model home or sales office shall be removed within 60 days after conclusion of sales activities.

  • D. Surety requirement. The applicant shall post the following bonds, refundable cash deposits, or other form of surety:
  1. $2,000 to guarantee removal of any temporary parking facilities to serve the model home complex or tract sales office; and

  2. $1,000 to guarantee conversion of any office and/or display area to the approved residential use.

E. Design. As a Minor Discretionary Approval item, design standards for model home complexes may be established by the Department or through Planning Commission Resolution. All temporary sales trailers shall comply with Section 25.32.8 (D)(2) (Temporary Uses and Events).

F. Land use map display. All subdivision model home and sales offices for residential developments shall prominently display a Fairfield General Plan Land Use Diagram. In addition, the sales office shall prominently display a map identifying all planned land uses within the subdivision and within 1/4 mile of the boundary of the subdivision, including the type and location of any public or private trail that will be constructed in or adjacent to the subdivision.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2505.html

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SECTION 25.22 COMMERCIAL ZONING DISTRICTS

Sections:

25.22.1 Description of Commercial Districts 25.22.2 Allowed Uses and Permit Requirements

25.22.3 General Development Regulations

25.22.4 Regulations of Specifc Uses

25.22.1 Description of Commercial Zoning Districts

This Section provides regulations applicable to development and new land uses in the Commercial zoning districts established by Section 25.12.2 (Zoning Districts Established). The purpose of the individual commercial zoning districts is as follows:

A. CN (Neighborhood Commercial) District. The CN zoning district provides areas for convenient neighborhood access to daily goods and services. Typical uses include grocery stores, banks, dry cleaners, and restaurants. Residential land uses may be appropriate, particularly as part of a mixed-use development. The CN zoning district is consistent with the Neighborhood Commercial land use category of the General Plan.

B. CC (Community Commercial) District. The CC zoning district applies to commercial areas of the City where retail goods and services are available to serve neighborhood and communitywide needs. Typical land uses include larger shopping centers, specialty shopping centers, and other retail establishments that serve the community at large. Residential land uses may be appropriate, particularly as part of a mixed-use development. The CC zoning district is consistent with the Highway and Regional Commercial, and Community Commercial land use categories of the General Plan. Winery Square and adjoining commercial areas in the Heart of Fairfield Plan Area have not been assigned distinct Heart of Fairfield Zoning designations and retain CC zoning.

C. CT (Thoroughfare Commercial) District. The CT zoning district applies to portions of North Texas Street and Parker Road characterized by a mixture of small, individual and multi-tenant commercial buildings, shopping centers, automobile services and sales, and fast-food restaurants. Residential land uses may be appropriate, particularly as part of a mixed-use development. The CT zoning district is consistent with the Community Commercial land use category of the General Plan.

D. CS (Service Commercial) District. The CS district provides areas for commercial service and light industrial uses that may have impacts not suitable for other commercial districts. Uses in the CS zone are primarily of a non-retail character, some of which require outdoor storage or activity areas. Retail and office uses are allowed to the extent that they are compatible with the service commercial uses. Typical uses include small-scale light assembly operations, motor vehicle repair and body shops, equipment rental and storage yards, small-scale warehousing and distribution, and “workshop” type commercial land uses

(e.g., welding and cabinet shops). The CS zoning district is consistent with the Service Commercial land use category of the General Plan.

E. CM (Mixed Commercial) District. The CM zoning district applies to transitional areas near the Heart of Fairfield Plan boundary and areas identified by the General Plan as Mixed Use. Permitted uses shall be consistent with the General Plan description for each mixed use property. Mixed use areas in the Heart of Fairfield Plan Area are regulated under Section 25.23.

F. CO (Office Commercial) District. The CO zoning district is applied to areas intended for office uses and related services. Land uses include professional offices, medical offices and related services, administrative offices, banks and other financial institutions, and related business support services. Personal services and small-scale commercial and retail establishments may be permitted as supporting land uses. Residential land uses are appropriate as part of a mixed-use project. The CO zoning district is consistent with the Office Commercial land use category of the General Plan.

G. CR (Regional Commercial) District. The CR zoning district applies to areas appropriate for highway oriented retail and service uses and regional shopping centers that serve a market beyond the Fairfield/Suisun area. The CR district is generally applied to properties with direct frontage on Interstate 80 or 680, or State Highway 12. This includes properties at the western end of West Texas Street within the boundaries of the Heart of Fairfield Plan but not assigned a distinctive land use designation by the Plan. The CR zoning district is consistent with the Highway and Regional Commercial land use category of the General Plan. (Ord. No. 2015-06, § 2; Ord. No. 2017-14, § 9.)

25.22.2 Allowed Uses and Permit Requirements

A. Permitted land uses. The land uses allowed by this Zoning Ordinance in commercial zoning districts are identified in the following tables as:

  1. “Permitted” land uses are indicated by a “P” on Table 25-9. Permitted lands uses are allowed on a property without discretion by the City, subject to compliance with all applicable provisions of this Ordinance.

  2. “Conditionally Permitted” land uses are indicated by a “C” on the tables and are allowed only with the approval of a Conditional Use Permit (Section 25.40.6). These uses are subject to all applicable provisions of this Ordinance as are permitted uses. However, the City has discretion to approve, approve with conditions, or deny a Conditional Use Permit application. The decision on a Conditional Use Permit is based upon the circumstances of an individual case and the criteria in Section 25.40.6.C.

B. Uses not permitted or not listed. Land uses not permitted are those indicated by a “-” on the table. Land uses not listed on the tables are not allowed, except as provided in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

C. Regulations for specific uses. Where a column in the following tables includes a reference to a section number or footnote, the regulations in the referenced section or footnote apply to the use. However, provisions in other sections of this Zoning Ordinance or City Code may also apply.

D. Ancillary Uses. Ancillary uses are those secondary activities associated with a primary land use directly associated with and supporting said primary permitted or conditionally permitted land use. Ancillary uses and activities typically require a minor portion of the square footage or space in a business premises, impose no additional impacts on land use patterns, building design, parking requirements, or outdoor storage. Examples of ancillary uses include, but are not limited to, small factory stores associated with an active manufacturing plant, on-site childcare facilities, etc.

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

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 15, 16
Florist P P P P P P P Sec. 25.22.4.6
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
Furniture, fxtures, 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 -
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
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
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
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
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
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
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

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

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
Maintenance & repair,
machinery & small engine
- - P P C - -
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
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
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
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
Ofces, Administrative,
business, and professional
P P P P P P P
Ofces, Government - P P P P C C
Ofces, 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 - - - -

==> picture [397 x 166] intentionally omitted <==

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

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 12)
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
Accessory dwelling units Section
25.20.4.11
Boarding houses, large C C - C C - C
Boarding houses, small C C - C C - C
Adult Day Care Facility - C - C C - P
Assisted Living Facility C C - C C - C
Duplex C C - C C - P Note 3
Section
25.22.4.3.B.4
Duet C - - C C - P Note 3
Section
25.22.4.3.B.4
Dwelling, multi-family C C - C C - P Note 3, Note 4
Section
25.22.4.3.B.4
Dwelling, single family
detached
- - - - - - C Note 3
Family day care homes - - - - - - P
Residential care facilities,
small
P P - P P - P Note 12
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
Transitional housing Note 12
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
Efciency 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 - - - -
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
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 5
Automobile and vehicle major
repair
- - P C C C - Note 6, Note 9
Automobile maintenance and
minor repair
C - P P C C - Note 9
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 7
Vehicle, accessory equipment
sales
- - P P P C -
P Use Permitted Use Permitted Use Permitted
--- --- --- --- --- --- --- --- ---
Table 25-9: Commercial District C Conditional Use Permit
Land Use Regulations - Not permitted
Use CN CO CS CT CC CR CM Additional
Regulations
Vehicle sales - antique and
collector
- - C P P P - Notes 5, 8, 11
Vehicle sales (greater than one
acre)
- - C P P P - Notes 5, 8, 11
Vehicle sales (less than one
acre)
- - C P C C - Notes 5, 8, 11
Vehicle storage or impound
yard
- - C C - - -

Notes:

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

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

(3) Residential-only projects are allowed in the CM District.

(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:

• 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.

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

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

(7) 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.

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

(9) 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.

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

(11) 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.

(13) Supportive housing (50 units or fewer) that meets the criteria under Government Code Section 65651 (defined in §25.32.22) is permitted by-right in all zones that allow multifamily dwellings and mixed uses.

(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.

(15) 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.

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

(17) 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. 201101, § 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; Ord. No. 2026-01, § 6.)

25.22.3 General Development Regulations

A. General Development Regulations. All new development, subdivisions, establishment of new land uses, and alterations to existing land uses, structures and site improvements, shall be designed and constructed in compliance with the regulations in the following Tables, except those activities and land uses specified in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements). Additional Zoning Ordinance regulations may apply as referenced in the tables, as well as other City Code regulations City Standards, Specifications and Details, or regulations of another local agency, special district, and State or Federal agency.

Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations Table 25-10: Commercial District Development Regulations
Regulations
(all fgures are
minimums
measured from
property lines
and in linear
feet, unless
otherwise
indicated)
CM CN CO CS CT CC CR Applicable
Sections
and
Footnotes

Site Planning

Floor Area Ratio
(max. % of net lot
area)
0.7 0.4 1.0 0.5 0.5 0.5 1.0 Note 1
Lot Area (in sq.ft.,
for new
subdivisions only)
6,000 20,000 20,000 20,000 10,000 20,000 40,000 Notes 2
and 3
Lot Dimensions
(for new
subdivisions only)
Width 60 100 100 100 80 100 200
Depth 100 150 150 150 120 150 200
Landscaping
Depth @ street
frontage (incl.
hwy or fwy)
10 15 15 10 10 15 15 Notes 3, 5,
9
Depth @
interior property
lines:
Minimum 5 5 5 0 5 5 5
--- --- --- --- --- --- --- --- ---
Adjacent to
Residential zone
or use
5 10 5 10 5 5 10 Note 4
Street tree
spacing (one tree
for each ...)
30' 30' 30' 30' 30' 30' 30'

Buildings

Setbacks
Front: 15 25 20 15 10 15 25 Note 5, 7
Street side
yard (min.
abutting arterial)
10 20 15 (20) 10 (15) 10 15 20 Note 6, 10
Interior side
yard:
... minimum 5 10 10 0 0 10 10
... abutting
residential zone
or use
5 10', plus 1' for each 1' of
30'
bldg height over 20', up to
Rear yard
... minimum
(min. abutting
arterial road)
5 (10) 10 (20) 10 (20) 0 (15) 0 (10) 10 (20) 10 (20)
... abutting
residential zone
or use
10 15', plus 1' for each 1' of
40'
bldg height over 20', up to
Adjacent to
creek
Note 7
--- --- --- --- --- --- --- --- ---
Building Height
Limit
35 35 45 35 35 45 55 Note 8

Notes:

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

(2) Individual parcels within a shopping center or master planned development may vary from the minimum lot size, dimensions, and setbacks so long as the project as a whole complies with the development requirements of this Table. Reciprocal easements shall be recorded to guarantee common maintenance of all parking and landscape areas.

(3) On North Texas Street, the required 10 feet of streetscape landscaping may occur within the public right-of-way when planned street improvements will not be impacted.

(4) In the CS, CT, CC, and CR zoning districts, an additional five feet of interior property line landscaping is required for buffering adjacent residential property when a drive aisle or loading area used by delivery trucks is within 20 feet of the common property line (not separated by perpendicular parking or a structure).

(5) Special Plan Line setbacks apply along North Texas Street, Dover Avenue, and East Tabor Avenue which are generally greater than that listed in this Table (see Section 25.30.5). On North Texas Street, the Plan Line Setback may be used as the front setback and street side yard setback.

(6) Where an increased setback is required adjacent to an arterial road, the increased setback shall also apply adjacent to a higher capacity road, such as a highway or freeway. The increased setback shall be fully landscaped.

(7) Article VIII (Creekside Protection) requires a stream environment zone to be dedicated to the City (up to 200 feet in width) along all or a portion of Jameson Canyon, American Canyon, Green Valley, Suisun, Ledgewood, Dan Wilson, and Laural Creeks. Refer to that section for the specific requirements.

(8) An increase in building height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(9) Where the building setback is greater than the landscape requirement, the additional building setback shall be fully landscaped.

(10) The Zoning Administrator may reduce the front and street side yard setbacks in the CM Zone to reflect abutting character.

(Ord. No. 2008-08 § 2; Ord. No. 2017-14, § 11; Ord. No. 2018-03, § 3.)

25.22.4 Specific Regulations

25.22.4.1 Drive-Through Facilities

Any establishment with a drive-through lane(s) shall comply with the following regulations:

  • A. Drive-through Lanes.
  1. Stacking.

a. With any food or beverage service. All drive through lanes for food or beverage service shall provide total vehicle stacking spaces for a minimum of eight vehicles. The site plan shall provide at least three vehicle stacking spaces between any order or menu board and the entrance to the drive-through lane.

b. Other drive-through lanes. Drive-through lanes for non food service businesses (e.g., bank tellers, pharmacies, dry cleaning, etc) shall provide total vehicle stacking spaces for a minimum of two vehicles.

For all drive-through lanes, no vehicles in the required stacking lane(s) may block internal circulation aisles, block required parking or cause traffic congestion on surrounding streets or properties.

The overall circulation plan for the site shall not result in vehicles in the required stacking lane extending into any internal circulation aisles, block any required parking or cause traffic congestion on surrounding streets.

  1. Location. Wherever feasible, drive-through lanes shall be accessed from the rear of a site, and run along the interior side property line or building elevation. In addition, the location of a drive-through lane shall minimize potential nuisances to nearby residential property caused by vehicles and use of the order board.

  2. Setbacks and Screening. Where a drive-through lane will be located between a building and a roadway, a minimum 15-foot setback shall be required from the roadway right-of-way to the drive-through lane. The lane shall be screened by a combination of shrub planting, berming, and/or low retaining walls at least three feet in height. The menu and order board signs shall also be screened from the street by landscaping.

  3. Directional signage: Directional signage shall be installed per City Sign Ordinance standards to properly direct traffic to and from the drive-through aisles.

B. Building Design. The proposed architecture (including that of a franchise business) shall be complimentary to the design of surrounding buildings. Freestanding buildings within shopping centers shall include common design elements with the principal structures in the center.

C. Operation. Specific design and operational conditions may be imposed with approval of a Conditional Use Permit, such as regulating the hours of operation and requiring security lighting, to ensure a safe environment for patrons and reduce potential impacts on surrounding properties. Restaurants shall be required to provide sufficient outdoor trash receptacles and implement regular clean-up procedures to reduce potential litter. A property maintenance agreement shall be required in accordance with Section 25.42.4 (Performance Guarantees).

D. Prohibited Sales. No alcoholic beverage may be dispensed, sold or distributed through a drive-through window. (Ord. No. 2011-03, § 2; Ord. No. 2015-06, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-08, § 2.)

25.22.4.2 Hotels and Motels

A. Occupancy Restriction. The length of stay at any Hotel/Motel shall not exceed 30 days within any 90-day period. The length of stay at any Hotel/Motel - Extended Stay shall not exceed 180 consecutive days. In-room kitchen facilities shall be permitted only in and as defined by Hotel/Motel - Extended Stay.

B. Market Study Required. The applicant shall prepare a market study for review and approval by the City. The market study, at the minimum, shall address the following:

  1. Whether the proposed project will be financially feasible by meeting an unfilled need for hotel/motel rooms in the City.

  2. Whether the proposed project will primarily focus on drawing guests from existing hotels and motels in the City.

  3. Whether the proposed project will have potential adverse impacts on the financial viability of existing hotels and motels in the City.

  4. Whether the proposed project will have an adverse impact on the financial viability of hotels and motels either under construction or in planning review in the City.

  5. The market study also shall include projections of anticipated daily occupancy levels for transient guests, room rates, and anticipated changes in the local hotel/motel market.

C. Required Findings. An application for a Hotel/Motel or Hotel/Motel-Extended Stay shall not be approved unless the following findings are made in addition to the standard findings required for a Conditional Use Permit:

  1. The proposed project will not create urban decay due to the significant loss of business at existing hotel/motel projects or at proposed hotel/motel projects either under construction or in planning review.

  2. The proposed project is located in an area with substantial unmet demand for a Hotel/Motel or a Hotel/Motel-Extended Stay, such as within sight of a freeway, in a major business, industrial or office park, or in the downtown of the City.

D. Operation and Design. The following specific design and operational conditions shall be imposed with approval of a Conditional Use Permit, such as:

  1. Long-Term Housing. The Hotel/Motel property shall not be used for long-term housing, defined as occupancy for more than thirty days, unless the hotel/motel meets all the requirements for an Extended Stay facility. The property owner shall not enter into a contract with any public agency to provide housing for longer than thirty days unless a state of emergency has been declared by specific action of the City Council, County Board of Supervisors, Governor or the President of the United States.

  2. Covenant. A covenant, deed restriction, or other appropriate legal document, as determined by and subject to the approval of the City Attorney, shall be recorded guaranteeing operation of the hotel/motel property in compliance with all of the requirements of this Chapter. This covenant will be in addition to the City’s standard Property Maintenance Agreement required in accordance with Section 25.42.4 (Performance Guarantees).

riction, or other appropriate legal document, as determined by and subject to the approval of the City Attorney, shall be recorded guaranteeing operation of the hotel/motel property in compliance with all of the requirements of this Chapter. This covenant will be in addition to the City’s standard Property Maintenance Agreement required in accordance with Section 25.42.4 (Performance Guarantees).

  1. Public Safety and Police Services. Hotel/Motel and Hotel/Motel - Extended Stay projects shall demonstrate that they will not create an unreasonable or excessive demand for police services.

i. Applicants shall submit a management plan that addresses how the motel will address potential criminal activities at the site.

ii. Applicants shall submit a lighting plan and demonstrate that the proposed lighting will illuminate the site to the extent necessary for a police officer to adequately observe the entire property from a patrol car.

iii. The site plan shall be designed to allow for visibility from the public right-of-way for police officers in patrol vehicles.

iv. Hotel/Motel and Hotel/Motel - Extended Stay operators shall provide the Fairfield Police and Fire Departments one point of contact for addressing law enforcement, public health and safety problems at the site. An inspection shall be required when the Hotel/Motel or Hotel/Motel - Extended Stay property undergoes a change in ownership.

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 Commercial (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, office, retail, or entertainment in a single or 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.

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

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

structure. No less than 50 percent of the required common open space in a project shall be usable, having a minimum dimension of 15 by 15 feet. The Planning Commission shall have the ability to reduce or waive the requirement for common space in any project where the Commission determines that commercial activity integrated into the mixed-use project would effectively serve as common open space.

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

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

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

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

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

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

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

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

ransparency of 50 percent for the Thoroughfare Commercial (CT) District, Community Commercial (CC) District, and Neighborhood Commercial (CN) District, and 30 percent for the Office Commercial (CO) District. The Planning Commission shall have the ability to reduce or waive the requirement for building transparency where the Commission determines that the building façade has a high-quality design.

C. Housing Accountability Act. For the purposes of zoning compliance with the Housing Accountability Act under Government Code Section 65589.5, projects shall comply with the objective development standards for mixed-use development. (Ord. No. 2015-06, § 2; Ord. No. 2017-14, §§ 13, 14; Ord. No. 2018-06, § 2; Ord. No. 2019-04, § 7; Ord. No. 2020-06, § 4; Ord. No. 2021-14, § 8; Ord. No. 2023-04, § 7; Ord. No. 2025-01, § 4; Ord. No. 2026-01, § 7. Formerly 25.22.4.4.)

25.22.4.4 Medical Marijuana Dispensaries Prohibited

Repealed by Ord. 2016-02 and Ord. 2016-03.

25.22.4.5 Single Room Occupancy (SRO) Housing

A. Definition, Purpose, and Applicability. Single Room Occupancy (SRO) Housing consists of reduced size housing units rented for at least thirty days in which all living activities occur within a single room. The purposes of single room occupancy housing include:

  1. Implementation of the Housing Element. To implement Program HO 6.2C of the Housing Element by addressing single room occupancy housing.

  2. Affordability. Provide affordable long-term housing for smaller, often nontraditional single and two-person households and persons with special needs. For very low and low income households, as defined by California State Redevelopment Law, the City will work to obtain permanently affordable units through financial incentives and relaxation of development standards.

  3. Commercial District Housing. Provide for high density housing in close proximity to transportation, employment, and services in a commercial environment.

  4. Design Quality. To provide the highest possible standards of design, environment, comfort, and security given the constraints of limited living space and the need to maintain affordability.

  5. Conversion of Non-Conforming Motels. To provide an opportunity for owners of nonconforming hotel and motel structures to convert their units into high quality permanent housing in conformance with relevant housing and building codes and the City’s stated intent to provide housing for all segments of the population.

  6. Applicability to Existing Motels. In the Commercial Thoroughfare (CT) Zoning District, these regulations apply only to the conversion of existing motels to residential units which meet the definition and purposes outlined above.

  7. No Mixed Projects. Motels and hotels converted under this section shall be 100% converted to housing use; there shall be no mixed housing/motel properties.

  8. Reversion of Converted Housing. Conversion of SRO units back to hotel or motel use will not be permitted as said hotel/motel use is not permitted in the Commercial Thoroughfare CT Zoning District.

  9. Construction of New Housing Not Subject to this Section. The construction of new housing units shall comply with the development standards for Multifamily Housing as outlined elsewhere in this Zoning Ordinance.

  • B. Development Regulations.
  1. Individual SRO dwelling units shall meet the following standards:

a. Minimum unit size shall not be less than 175 square feet, except for double occupancy units, which shall not be less than 250 square feet in floor area.

b. Maximum unit size shall not exceed 450 square feet.

c. All units shall provide a full bathroom consisting of a tub and shower combination or shower, sink, and toilet facilities. Bathrooms shall be separated from the main living space.

d. All units shall provide a private kitchen area with a minimum two burner stove, sink with garbage disposal, a refrigerator with a minimum size of 14 cubic feet, and dining table/counter.

  • e. All units shall include a private closet with dimensions of 2 feet in depth and 6 feet in width.
  1. All SRO conversion projects shall provide the following common facilities:
  • a. Secure, lockable entrances.

b. Usable common recreational/social space (outdoor or indoor) of at least 400 square feet. This space may be a combination of indoor and outdoor space, but the minimum area for any space shall not be less than 200 square feet.

c. No outdoor storage shall be permitted unless within an enclosed area not visible from off-site.

  • d. Laundry facilities and a utilities room/janitorial closet.

e. An on-site management office and secure mail facility for residents.

f. A centrally located manager’s unit of at least 650 square feet with a resident on-site manager. The manager cannot occupy an SRO unit.

  1. Parking. All projects shall provide one parking space for the resident manager, one space per residential unit, and one space per every 10 rooms for guest parking. Projects may provide one lockable bicycle parking space or locker in lieu of providing a vehicle parking space. Up to 50% of the vehicle parking spaces may be replaced by bicycle parking.

  2. California Building Code. All projects shall comply with the California Building Standards Code.

C. Operational Requirements. All SRO Projects shall prepare a Management Plan. Management Plans shall address the following requirements:

  1. Security. The Management Plan shall address security issues, including access by residents and nonresidents, lighting, alarm systems, and manager responsibilities.

  2. Rental Periods. SROs shall be rented on a monthly basis. SROs are not subject to the City’s Transient Occupancy Tax (TOT).

  3. Tenant Screening and Residency Requirements. All Management Plans shall address tenant screening and policies for ensuring resident safety and comfort. The Management Plan shall provide clear standards for grievances, tenant behavior, and evictions.

  4. Maintenance. Each property owner shall enter into a Property Maintenance Agreement with the City of Fairfield in a standard form provided by the City of Fairfield.

D. Modifications to these Standards and Requirements. At the discretion of the Community Development Director, the City may modify operational and development standards in exchange for housing units permanently affordable to low and very low income households, as defined by State Redevelopment Law, or in exchange for enhanced project design. (Ord. No. 2011-01, § 2; Ord. No. 2011-03, § 2; Ord. No. 2017-14, § 14. Formerly 25.22.4.7.)

25.22.4.6 General Retail Land Uses in the Commercial Office (CO) Zoning District

In the CO Zoning District, the land uses permitted or conditionally permitted under General Retail in Table 25-9, Commercial Land Use Regulations, may only be developed on the ground floor (first floor) of a building. (Ord. No. 2012-15, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-14, § 14. Formerly 25.22.4.8.)

25.22.4.7 Specialty Tobacco and Smoke Shops in All Commercial Districts

All Specialty Tobacco Retailers and Smoke Shops shall comply with the following standards:

A. Concentration and Location

  1. Specialty tobacco retailers and smoke shops shall be located at least 1000 feet from any public or private elementary school, middle school, or high school or any public park or recreation center.

  2. No specialty tobacco retailer or smoke shop shall be located within 1000 feet of an existing specialty tobacco retailer or smoke shop.

  3. In the HD and HDC Zoning Districts, no specialty tobacco retailer or smoke shop shall be located within 1200 feet of an existing specialty tobacco retailer or smoke shop on either the ground or upper floors.

B. Hours of Operation

Specialty tobacco retailers and smoke shops may operate only between 7:00 a.m. and 10 p.m.

C. Operational Requirements

  1. Specialty tobacco retailers and smoke shops shall focus on the sale of legal specialty tobacco and related products and goods, including electronic cigarettes (e-cigarettes) and other nicotine vaporizer devices.

  2. The specialty tobacco retailer may devote up to 40% of the retail floor space to non-tobacco related items such as soft drinks, snacks, tee shirts, magazines, etc.

  3. Retailers selling alcoholic beverages shall meet all requirements of the State Alcoholic Beverages Commission, including concentration of licensees.

  4. No paraphernalia traditionally associated with controlled substances, such as marijuana, cocaine, or methamphetamine, shall be sold or displayed. Examples of such paraphernalia include glass pipes and bongs.

  5. Specialty tobacco retailers and smoke shops shall comply with all State and Federal laws, including age limits on tobacco product sales, products sold or displayed, and advertising.

  6. Specialty tobacco retailers and smoke shops shall comply with all local laws and regulations, including the Fairfield Sign Ordinance. (Ord. No. 2013-15, § 2; Ord. No. 2014-03, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-14, § 14; Ord. No. 2021-14, § 9. Formerly 25.22.4.9.)

25.22.4.8 Alternative Financial Services

A. Concentration and Location. No new Alternative Financial Service shall be located within 1000 feet of an existing service. (Ord. No. 2016-08, § 2; Ord. No. 2017-14, § 14. Formerly 25.22.4.10.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances

d b t t th di it d

Fairfield2506.html

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SECTION 25.23

HEART OF FAIRFIELD PLAN ZONING DISTRICTS

Sections:

25.23.1 Description of Heart of Fairfeld Zoning Districts

25.23.2 Allowed Uses and Permit Requirements

25.23.3 General Development Regulations

25.23.4 Specifc Regulations

25.23.4.1 Bars in the Heart of Fairfeld

25.23.4.2 Entertainment with Any Food Service or Bar in the Heart of Fairfeld

25.23.1 Description of Heart of Fairfield Zoning Districts

This Section implements the Heart of Fairfield Plan adopted by the Fairfield City Council in May 2017. This Section provides regulations applicable to development and new land uses in the Specific Plan zoning districts established by the Heart of Fairfield Plan and Section 25.12.2 (Zoning Districts Established). The purposes of individual zoning districts are as follows (all districts include a “Heart of Fairfield” prefix):

A. HD/HDC (Downtown and Downtown Core) District. The HD and HDC zones are applied to parcels in Downtown Fairfield between Empire and Missouri Streets east of Pennsylvania Avenue. The HDC zone applies to properties in the heart of the downtown area along Texas Street and cross streets. Development in the district is intended to implement the vision of the Heart of Fairfield Plan for Downtown Fairfield as a “social, entertainment, and employment heart of the City” through a mixture of specialty shopping, restaurants, entertainment, and cultural uses supported by residential and office uses on upper floors and locations off Texas Street proper. The HD/HDC zoning districts implement the CD/CDC Land Use Designations in the Heart of Fairfield Plan.

B. HWT (West Texas Street). The HWT zoning district applies to areas west of Pennsylvania Avenue adjacent to the West Texas Street corridor but also including residential, undeveloped, and mixed use properties south of the corridor proper. Development in this district is intended to implement the vision of the Plan for a mixed use, higher density residential corridor with commercial uses that support residential development. Off the West Texas Street corridor proper, development will focus

on higher density and medium density residential development, including apartments, townhouses, and limited small lot single family development. Typical uses include neighborhood serving retail, specialty retail, restaurants (not including drive through food service), education, office uses, and limited handicraft and repair businesses. The district is not intended for vehicle sales and service uses. The HWT zoning district is consistent with the Mixed Use-West Texas Street land use category of the Heart of Fairfield Plan.

C. HO (Mixed Use Office). The HO district is applied to the transition zones north and south of the Downtown and Downtown Core districts. The vision for this area is to permit office uses and limited higher density housing while preserving and enhancing the existing mixed residential-office character. The HO district is consistent with the Mixed Use Office land use category of the Heart of Fairfield Plan.

xed Use Office). The HO district is applied to the transition zones north and south of the Downtown and Downtown Core districts. The vision for this area is to permit office uses and limited higher density housing while preserving and enhancing the existing mixed residential-office character. The HO district is consistent with the Mixed Use Office land use category of the Heart of Fairfield Plan.

D. HTD (Transit-Oriented Development) District. The HTD district is applied to the southeastern sector of Downtown near the Suisun-Fairfield Train Station. The vision for this area is to create a new high density residential neighborhood accessible to both Downtown and the Suisun City-Fairfield Train Station south of Highway 12. Commercial uses will be limited to neighborhood supporting retail as well as office uses that support Downtown Fairfield. The HWT district is consistent with the Mixed Use Transit Oriented Development designation in the Heart of Fairfield Plan.

E. HR (Residential). The HR district includes areas south of the Downtown Core as well as parcels in the Woolner Avenue area (including Opportunity Site 5). The neighborhood is the traditional family-friendly residential neighborhood in the Heart of Fairfield, with a strong housing stock of single family homes and smaller apartment buildings. New development will complement this existing character, with an emphasis on medium densities, including single family homes. This development will respect this existing character. The HR district is consistent with the Medium Density Residential-Downtown designation in the Heart of Fairfield Plan.

F. HPF (Public Facilities-Transit) District. This district incorporates the Fairfield Transportation Center at the western end of the Plan Area, including the future (planned) Parking Garage now in design. The basic standards are designed to facilitate construction and operation of the garage. (Ord. No. 2017-14, § 15; Ord. No. 2023-03, § 3.)

25.23.2 Allowed Uses and Permit Requirements

A. Permitted land uses. The land uses allowed by this Zoning Ordinance in Heart of Fairfield zoning districts are identified in the following tables as:

  1. “Permitted” land uses are indicated by a “P” on Table 25-H1. Permitted lands uses are allowed on a property without discretion by the City, subject to compliance with all applicable provisions of this Ordinance.

  2. “Conditionally Permitted” land uses are indicated by a “C” on the tables and are allowed only with the approval of a Conditional Use Permit (Section 25.40.6). These uses are subject to all applicable provisions of this Ordinance as are permitted uses. However, the City has discretion to approve, approve with conditions, or deny a Conditional Use Permit application. The decision on a Conditional Use Permit is based upon the circumstances of an individual case and the criteria in Section 25.40.6.C.

B. Uses not permitted or not listed. Land uses not permitted are those indicated by a “-” on the table. Land uses not listed on the tables are not allowed, except as provided in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

C. Regulations for specific uses. Where a column in the following tables includes a reference to a section number or footnote, regulations in the referenced section or footnote apply to the use. However, provisions in other sections of this Zoning Ordinance or City Code may also apply.

D. Ancillary Uses. Ancillary uses are those secondary activities associated with a primary land use directly associated with and supporting said primary permitted or conditionally permitted land use. Ancillary uses and activities typically require a minor portion of the square footage or space in a business premise; impose no additional impacts on land use patterns, building design, parking requirements, or outdoor storage. Examples of ancillary uses include, but are not limited to, small factory stores associated with an active manufacturing plant, on site childcare facilities, etc.

P Use Permitted Use Permitted Use Permitted Use Permitted
Table 25-H1: Heart of Fairfeld Land Use
Regulations
C Conditional Use Permit
- Not permitted
Heart of Fairfeld Zoning District
HD HDC HO HWT HTD HR HPF Additional
Regulations
Use Ground Upper Ground Upper All
Floors
All
Floors
All
Floors
All
Floors
All
Floors
Note 7 Note
13

General Retail

New
merchandise
sales-less than
80,000 square
feet
P P P P - P - - -
New
merchandise
sales-greater
than 80,000
square feet
- - - - - C - - -
Antique, jewelry
and collectibles
shop
P P P P - P - - -
Apparel and
shoes
P P P P - P - - -
Automobile
Parts and
Accessories
- - - - - P - - -
Building and
landscape
material sales
- - - - - - - - -
Commercial
Cannabis
Business,
Retail
- - - - - P - - - Chapter
10E
(Commercial
Cannabis
Business)
Notes 17,
18
Florist P P P P P P P - -
Furniture,
fxtures, and
appliance sales
P P - P - P - - -
Market,
convenience
- - - - - C C - C
Market, grocery
or supermarket
P P - - - P - - -
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Music Shop P P P P - P - - -
Market,
specialty food
and beverage
P P P P - P P - C
Pawn shop - - - - - - - - -
Pet Stores and
Pet Supplies
P P P P - P - - -
Photo, Video,
Electronics
P P P P P P P - -
Plant nursery -
landscape
- - - - - C - - -
Tobacco Sales
(Specialty) and
Smoke Shops
C C C C - - - - - Sec.
25.22.4.7
Used
Merchandise
Sales
C C - - - P - - -
Consignment
Shop
P P P P - P P - -

Education and Training

Child daycare
center
- - - - C P C C C
Museum,
library, or
gallery
P P P P P P - - -
Personal
instruction
studio
- P - P C P - - -
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Reading room - - - - P P - - -
School,
business
C P - - P P - - - Note 6
School, college
or university
(private)
- - - - C C - - -
School,
Personal and
Social
Development
- - - - C C - - - Note 6
School,
elementary and
secondary
(private)
- - - - C C - - -
School,
vocational
C C C C C P - - - Note 6

Entertainment and Recreation Related

Adult
entertainment
business
- - - - - - - - -
Bingo Hall - - - - - - - - -
Athletic club - P - P - P - - -
Fitness Studio P P - P C P C - C
Campground - - - - - - - - -
Commercial
recreation:
major
C C C C - C - - - Note 20
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Commercial
recreation:
minor
C C C C - C - - - Note 20
Stadium or
arena
- - - - - - - - -
Theater (indoor) P P P P - P - - -
Theater
(outdoor)
C C C C - C - - -

Food Service

Bar P P P P - C - - -
Tasting Room P P P P - P - - -
Catering
services
- P - P - P - - C
Food and
beverage sales
P P P P P P P - P
Restaurant,
counter service
P P P P P P P - P Note 12
Restaurant,
table service
P P P P P P P - P Note 12
Drive-through
sales (with any
food service)
- - - - - - - - -
Entertainment
with any Food
P P P P C C C - C

Service or Bar

Health and Veterinary Services

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

General Services

Auction (indoor) - - - - - P - - -
Auction
(outdoor)
- - - - - - - - -
Bed and
breakfast inn
C C - C C P P P -
Business
support
services
C P C C P P P - -
Equipment
rental (outdoor)
- - - - - - - - -
Equipment
rental (indoor)
P P C P P P P - -
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Funeral and
interment
services
- - - - C P - - -
Hotel C C P P - P - - - Sec.
25.22.4.2
Motel - - - - - - - - -
Hotel,
Extended Stay
C C P P - P - - - Sec.
25.22.4.2
Motel,
Extended Stay
- - - - - - - - -
Maintenance &
repair,
machinery &
small engine
- - - - - C - - - Note 15
Maintenance &
repair, personal
and household
items
P P P P P P P - P
Mini-storage:
Exterior
- - - - - - - - -
Mini-storage:
Interior
- - - - - - - - -
Personal care
and domestic
services
P P C P P P P - P Note 8
Note 19
Personal care
and domestic
services -
Limited
C C - - - P - - - Sec.
25.32.16
Note 21
Tattoo Parlor - P - P P P P - -
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Collection
Containers
- - - - - - - - -
Recycling
collection
facility - small
- - - - - - - - - Sec.
25.22.32.7

Offices and Financial Services

Alternative
Financial
Services
- - - - - - - - -
Banks P P P P - P P - P
Bail bond
service
C P - - P P P - - Note 6
Coworking
Space
C/P P C/P P P P P - - Note 16
Ofces,
Administrative,
business, and
professional
P P P P P P P - P Note 6
Ofces,
Government
P P - P P P P - P Note 6
Ofces,
Medical and
dental
- P - P P P P - - Note 6

Industry

Handicraft
shop
P P P P - P - - -
Industrial
services
- - - - - C - - -
Laboratory,
processing
- - - - - C - - -

Public, Quasi-public, and Assembly

Auditorium or
exhibition hall,
public
C C - - - P - - - Note 2
Church or other
place of
worship
P P - P P P - P - Note 2
Club, lodge, or
meeting hall
C P - P P P - - - Note 2
Community
Center/Banquet
Hall
C P - P - P - - - Note 2
Homeless
shelter
- - - - C C C - -
Public safety
facility
P P - P P P P - P
Utilities, Public
or quasi-public
- major
- - - - - - - - - Note 3
Utilities, Public
or quasi-public
- minor
C C C C C C C - P Note 3

Residential

Boarding
houses, large
- - - - C P P C - Note 9
Sec.
25.32.12
Boarding
houses, small
- P - P P P - P Note 9
Sec.
25.32.12
Adult Day Care
Facility
- - - - C C C C -
Assisted Living
Facility
- - - - C C C C -
Duplex P P - - P P C P - Note 11
Duet P P - - P P C P - Note 11
Dwelling, multi-
family
P P - P P P P P - Note 11
Dwelling, single
family detached
P - - - P P P P - Note 11
Family day care
homes
P P P P P P P P P Note 11
Community
Care Facility-
Residential
- - - - P P C P -
Single Room
Occupancy
Housing
- - - - - C - - - Sec.
25.22.4.5

Residential Accessory Uses and Improvements

Accessory
dwelling units
and junior
accessory
dwelling units
Section
25.20.4.11
Section
25.20.4.11
Section
25.20.4.11
Accessory
structures and
improvements
P - P - P P P P - Sec.
25.20.4.1
Animal, Fowl,
and Bee
Keeping (Non
Commercial)
P - P - P P P P - Chapter
3
Note 11
Garage
conversions
P - P - P P P P - Note 11
Sec.
25.20.4.3
Garage and
estate sales
P - P - P P P P - Note 11
Sec.
25.20.4.4
Home
Occupations
P P P P P P P P Note 11
Sec.
25.20.4.5
Subdivision
model homes
P - P - P P P P - Note 11
Subdivision
estate trailers
(temporary)
P - P - P P P P - Note 11

Temporary and Other Uses

Temporary uses Section 25.32.8 and events

Transportation and Communication

Antenna or
communication
facility
- C - C C C C - C
Helipad - - - - - - - - C
Heliport - - - - - - - - -
Moving and
Drayage
Services
- - - - - - - - -
Transit station
or terminal
- - - - - - - - P
Parking facility,
non-residential
C C C C C C C - P Note 10
Private
transportation
service
- - - - - - - - P
Truck stop - - - - - - - - -

Vehicle Sales and Service

Automobile and
truck rental
- - - - - - - - -
Automobile and
vehicle major
repair
- - - - - - - - -
Automobile
maintenance
and minor
repair
- - - - - - - - -
Large truck and
machinery -
sales and
leasing
- - - - - - - - -
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Recreational
vehicle, boats,
trailer sales
- - - - - - - - -
Service station - - - - - C - - - Note 4
Note 22
Vehicle,
accessory
equipment
sales
- - - - - - - - -
Vehicle sales -
antique and
collector
- - - - - - - - -
Vehicle sales
(greater than
one acre)
- - - - - - - - -
Vehicle sales
(less than one
acre)
- - - - - - - - -
Vehicle storage
or impound
yard
- - - - - - - - - Note 5

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

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

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

(4) 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

(18) No commercial cannabis business, whether Retail, Manufacturing, or Testing Lab, shall be closer than six hundred (600) feet from any of the following sensitive uses that are in existence at the time a permit application is deemed complete: a public or private school providing instruction in kindergarten or any grades 1 through 12; a child day care center; or a youth center, as 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.

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

(20) Permanent outdoor commercial recreation activities are prohibited.

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

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

(Ord. No. 2017-14, §§ 15, 16; Ord. No. 2018-03, § 4; Ord. No. 2018-06, §§ 11 – 15; Ord. No. 2020-05, § 8; Ord. No. 2020-06, § 2; Ord. No. 2020-14, § 5; Ord. No. 2020-20, §§ 7 – 9; Ord. No. 2021-14, § 9; Ord. No. 2021-21, §§ 4, 8; Ord. No. 2023-03, § 4; Ord. No. 2024-07, § 4; Ord. No. 2025-01, § 5.)

25.23.3 General Development Regulations

All new development, subdivisions, establishment of new land uses, and alterations to existing land uses, structures and site improvements, shall be designed and constructed in compliance with the regulations in the following tables, except those activities and land uses specified in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements). Additional Zoning Ordinance regulations may apply as referenced in the tables, as well as other City Code regulations City Standards, Specifications and Details, or regulations of another local agency, special district, and State or Federal agency. In addition, development in the Heart of Fairfield Plan Areas must be consistent with the vision, goals, objectives, and design concepts outlined in the Plan.

The Heart of Fairfield Zoning General Development Regulations, unlike the zone-based regulations in other Sections of this Ordinance, are based on building type. Building types specifically addressed in this Ordinance include non-residential (commercial, office, and institutional buildings), multifamily (apartments and townhouses with at least three attached dwelling units), single family homes, and mixed use (commercial/institutional and residential buildings). Specific guidelines are also established for the proposed Fairfield Transportation Center parking structure on Auto Mall Parkway.

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

Site Planning

Lot Area (sq. ft. for
new subdivisions
only)
6,000 10,000 6,000 15,000
Lot Dimensions (for
new subdivisions
only)
Width 60' 80' 60' 100'
Depth 100' 120' 100' 150'
--- --- --- --- --- ---
Floor Area Ratio 3.0 2.0 2.0 3.0 Note 1
Commercial
Buildings-Where
Permitted
No restrictions Commercial
buildings permitted
only on parcels with
West Texas Street
and Beck Avenue
access
No restrictions No restrictions
Parking Note 2,
Note 3
See
Section
25.28.3
Number of spaces
required
1 space per 1,000
square feet
See Section
25.34
See Section
25.28.3
and
25.34
See Section
25.34
Private surface lot
location and access
Rear or side only.
No access from
Texas Street.
Rear or side only Rear or side only Rear or side only
Landscaping
Depth @ street
frontage
4' 10' 8' 5' Note 5,
Note 6
Depth @ interior
property line
0' 5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or
use
0' 5' 5' 5' Note 5
Street tree
spacing (one tree for
each ...)
30' 30' 30' 30'
Outdoor Seating or
Merchandise Display
See Section
25.32.9
Activity Zone 4' along Texas
Street; 0' elsewhere
0' 0' 4' Note 7
--- --- --- --- --- ---

Buildings

Building Height Limit 50' 50' 45' 65' Note 1
Number of Habitable
Floors
2 minimum 2 minimum No requirement Exactly 2 foors
facing Webster
Street; 3 foors
facing other streets
Building-Streetscape
Interface
Ground foor
ceiling heights
14' Note 4,
Note 9
Ground foor
transparency
75% on Texas
Street; 50% on
other streets
50% 50% 50% Note 4,
Note 9
Upper foor
transparency
30% 30% 30% 30% Note 4,
Note 9
Front pedestrian
entrance from street
Required; may provide private entrances of a courtyard with a shared entrance of street Note 4
Setbacks
Front and street
side minimum
(maximum setbacks)
0'; (5') 11' (16') 12' measured from
back of curb
(15' measured from
curb)
13' measured from
back of curb (15'
measured from
curb)
Note 10
Interior side
... minimum 0' on Texas Street;
10' on other streets
0' where permitted 10' 10'
... abutting
residential zone or
use
0' on Texas Street;
10' on other streets
0' where permitted 10' 10'
--- --- --- --- --- ---
Rear
... minimum 10'; 0' facing alley 15' 10' 10' Note 8
... abutting
residential zone or
use
10' 15' 10' 10'
Upper foor (fourth
foor and higher)
additional setbacks
0' in HDC and in HD
for buildings fronting
on Texas Street; 10'
setback from edges
of building façade
on other streets.
10' additional
setbacks from edge
of building façade
15' additional
setbacks from edge
of building façade
10' additional
setbacks from edge
of building façade

Notes:

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

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

(3) Fifty percent of any required parking may be provided through on-street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel or public parking facility within 750 feet of the parcel line. Proof of authorization is required to use any private parcel or public parking facility for parking.

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

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

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

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

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

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

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

Table 25-H3: Development Regulations for Table 25-H3: Development Regulations for Table 25-H3: Development Regulations for Multifamily Buildings Multifamily Buildings
Regulations
(all fgures are
minimums
measured from
property lines and
in linear feet,
unless otherwise
indicated)
HD/HDC HWT HO HTD HR Sections and
Footnotes
Heart of Fairfeld
Land Use
Designation
CD-CDC MU-WTS MU-O MU-TOD RM-D

Site Planning

Density (dwelling
units per acre)
15-48 15-48 8-35 20-80 8-35 Note 1
Lot Area (sq.ft., for
new subdivisions
only)
7,500 7,500 7,500 7,500 7,500
Lot Dimensions (for
new subdivisions
only)
Width 50' 50' 50' 50' 50'
Depth 150' 150' 150' 150' 150'
Lot Coverage (%) 100% 60% 60% 60% 60% Note 1
Multifamily Building-
Where Permitted
Not permitted
to face onto
Texas Street
No restrictions No restrictions No restrictions No restrictions
Parking
Number of
spaces required
1 space per
unit
1 1/3 spaces
per unit
1 1/3 spaces
per unit
1 1/3 spaces
per unit
1 1/3 spaces
per unit
Note 2
--- --- --- --- --- --- ---
Private surface lot
location and access
Rear or side
only; no
access from
Texas Street
Rear or side
only
Rear or side
only
Rear or side
only
Rear or side
only; rear alley
access only
Open Space and
Recreational
Amenities
Common open
space (as
percentage of net
parcel area)
0% 25% 25% 0% 25% Includes
shared
courtyards
and useable
yards. 50% of
common open
space must be
“usable” as
defned in
Section
25.20.4.8 A.
Note 9, Note
10
Private open
space (ground
foor/upper foor in
square feet)
48 Buildings
fronting West
Texas Street:
48 sf; other
streets: 80/48
80/48 48 80/48 Includes
balconies,
rooftop open
spaces,
courtyards,
yards. For
buildings
facing West
Texas, solid
portions of
fence
enclosing
open spaces
cannot exceed
42" in height
Recreational
amenities
Required Required See Section
25.20.4.8 B.
Note 10
Landscaping
--- --- --- --- --- --- ---
Depth @ street
frontage
4' 10' 8' 5' 8' Note 3, Note
4, Note 10
Depth @ interior
property line
0' 5'; 0' if side
building
setback is 0'
5' 5' 5'
Depth adjacent to
residential zone or
land use
0' 5' 5' 5' 5'
Street tree
spacing (one tree for
each ...)
30' 30' 30' 30' 30'
Laundry Facilities Required
Storage Space
(private square
footage per unit)
100 cubic feet per unit
Trash Enclosures
(including
recyclables)
Required Section
25.30.7

Buildings

Building Height
Limits
60' 50' 45' 65' 35'; except 40'
on Broadway
or
Pennsylvania
Note 1
Number of Habitable
Floors
2 minimum 2 minimum No Minimum Exactly 2 foors
facing Webster
Street; 3 foors
facing other
streets
2 foors
required on
Broadway and
Pennsylvania
Building-
Streetscape
Interface
--- --- --- --- --- --- ---
Garage location
and entrance
Garages may not face public street(s) unless located on back half of lot
Ground foor
transparency
50% 50% 30% 30% 30% Note 6
Upper foor
transparency
30% 30% 30% 30% 30% Note 6
Front pedestrian
entrance from street
Required; may provide private entrances of a courtyard with a shared entrance of
street
Setbacks
Front and street
side minimum
(maximum setbacks)
0' where
permitted (5')
11' (18') 12' measured
from back of
curb (15'
measured from
property line)
13' measured
from back of
curb (15'
measured from
property line)
10' (20') Note 8
Interior side
minimum
5' where
permitted
10' 10' 10' 5' minimum,
15' total
Rear 10' where
permitted
10.0 10 10.0 15' to habitable
building; 0' to
alley
Accessory
structures:
5' 5' 5' 5' 5'
Upper foor
(fourth foor and
higher) additional
setbacks
10' setback
from edges of
building façade
10' setback
from edges of
building façade
15' setback
from edges of
building façade
10' setback
from edges of
building façade
15' setback
from edges of
building façade
Between any two
buildings: front to
front
15' minimum,
30' average
15' minimum,
30' average
15' minimum,
30' average
15' minimum,
30' average
15' minimum,
30' average
Note 7
Between any two
buildings: front to
Not permitted Not permitted Not permitted Not permitted Not permitted
rear
--- --- --- --- --- --- ---
Between any two
buildings: rear to
rear
26' 26' 26' 26' 26' Note 7
Between any two
buildings: side to
side
10'; or exactly
0'
10'; or exactly
0'
10' 10'; or exactly
0'
10'
Upper Floor
Encroachments
3' projection of
architectural
features into
setbacks
5' projection of
architectural
features into
front setbacks,
0' into rear
5' projection of
architectural
features into
front setbacks,
0' into rear
5' projection of
architectural
features into
front setbacks,
0' into rear
5' projection of
architectural
features into
front setbacks,
0' into rear

Notes:

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

(2) Fifty percent of any required parking may be provided through on-street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel or public parking facility within 750 feet of the parcel line. Proof of authorization is required to use any private parcel or public parking facility for parking.

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

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

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

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

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

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

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

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

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

Site Planning

Density (dwelling
units per acre)
15-48 15-48 8-35 20-80 Note 1
Lot Area (sq. ft., for
new subdivisions
only)
No Minimum 7,500 7,500 7,500
Lot Dimensions (for
new subdivisions
only)
Width N/A 50' 50' 50'
Depth N/A 150' 150' 150'
Floor Area Ratio 3.0 2.0 0.6 3.0 Note 1
Multifamily Housing-
Where Permitted
Not permitted on
frst foor of Texas
Street
No restrictions No restrictions No restrictions
Commercial
Buildings-Where
Permitted
No restrictions Commercial
buildings permitted
only on parcels
with West Texas
No restrictions No restrictions
Street and Beck
Avenue access
--- --- --- --- --- ---
Parking Note 4
See Section
25.28.3
Number of spaces
required-residential
1 space per unit 1 space per unit 1 space per unit 1 space per unit
Number of spaces
required-commercial
1 space per 1,000
square feet
Section
25.34
See Section
25.28.3,Section
25.34
Section
25.34
Private surface lot
location and access
Rear or side only;
no access from
Texas Street
Rear or side only
Open Space and
Recreational
Amenities
Common open
space (as percentage
of net parcel area)
0% 25% 25% 0% Note 9, Note
10
Private open space
(ground foor/upper
foor in square feet)
48 Buildings fronting
West Texas Street:
48; other streets:
80/48
80/48 48
Recreational
amenities
Required See Section
25.20.4.8(B)
Landscaping Note 2, Note 3,
Note 9
Depth @ street
frontage
4' 10' 8' 5' Note 9
Depth @ interior
property line
0' 5'; 0' if side
building setback is
0'
5' 5'
Depth adjacent to
residential zone or
land use
0' 5' 5' 5'
--- --- --- --- --- ---
Street tree spacing
(one tree for each ...)
30' 30' 30' 30'
Laundry Facilities Required
Storage Space
(private area per unit)
100 cubic feet per unit
Trash Enclosures
(including
recyclables)
Required Section
25.30.7

Buildings

Building Height Limit 60' 50' 45' 65' Note 1
Number of Habitable
Floors
2 minimum 2 minimum No minimum Exactly 2 foors
facing Webster
Street; 3 foors
facing other streets
Building-Streetscape
Interface
Garage location
and entrance
Garages may not face public streets unless located on back half of lot
Ground foor
ceiling heights
14' 14' No Requirement 14' Note 7
Ground foor
transparency
50% 50% 30% 30% Note 6
Upper foor
transparency
30% 30% 30% 30% Note 6
Front pedestrian
entrance from street
Required; may provide private entrances of a courtyard with a shared entrance of
street
Required; may provide private entrances of a courtyard with a shared entrance of
street
Required; may provide private entrances of a courtyard with a shared entrance of
street
Required; may provide private entrances of a courtyard with a shared entrance of
street
--- --- --- --- --- ---
Setbacks Note 2
Front and street
side minimum
setbacks (maximum
setbacks)
0' minimum, (5'
maximum)
11' (16' maximum) 12' measured from
back of curb (15'
measured from
property line)
13' measured from
back of curb (15'
measured from
property line)
Note 8
Interior side:
... minimum 0' on Texas Street,
10' on other
streets
0' On West Texas
Street; 10' in other
locations
10' 10'
Rear
... minimum 10'; 0' facing alley 15' 10' 10'
Accessory
structures:
5' 5' 5' 5'
Between any two
buildings: front to
front
15' minimum, 30' average
Between any two
buildings: front to rear
Not permitted
Between any two
buildings: rear to rear
26'
Between any two
buildings: side to side
Exactly 0' or 10' Exactly 0' or 10' 10' Exactly 0' or 10'
Upper Floor
Encroachments
3' projection of
architectural
features into
setbacks
5' projection of
architectural
features into front
setbacks, 0' into
rear
5' projection of
architectural
features into front
setbacks, 0' into
rear
5' projection of
architectural
features into front
setbacks, 0' into
rear

Notes:

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

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

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

(4) Fifty percent of any required parking may be provided through on-street parking located within 300 feet of the parcel line and the remaining 50% may be provided on any private parcel or public parking facility within 750 feet of the parcel line. Proof of authorization is required to use any private parcel or public parking facility for parking.

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

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

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

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

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

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

==> picture [531 x 169] intentionally omitted <==

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

Site Planning

Lot Area No Minimum No Minimum No Minimum

Table 25-H5: Development Table 25-H5: Development Regulations for Single Family Homes Regulations for Single Family Homes
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
HWT HO HR
Heart of Fairfeld Land Use
Designation
MU-WTS MU-OCD RM-D Sections and
Footnotes
Lot Dimensions
Width 25' interior, 35' corner 25' interior, 35' corner 25' interior, 35' corner Note 6
Depth As required to provide
private open space
As required to provide
private open space
As required to provide
private open space
Location of Home (Street
Frontage)
Any location except
fronting on West Texas
Street
Any location Any location
Density 8 - 48 8 - 35 8 - 35
Parking
On Site Space per Dwelling For units larger than 960 square feet: 1 covered, 1 uncovered parking
space. For units smaller than 960 square feet: 1 uncovered space
Of-Site Space per Dwelling
(Includes on-street parking)
1 uncovered. Second
uncovered of-site
space may replace on-
site space
1 uncovered. Second
uncovered of-site
space may replace on-
site space
1 uncovered. Second
uncovered of-site
space may replace on-
site space
Note 1
Driveway Widths-Maximum
Percentage
50% 50% 50%
Table 25-H5: Development Table 25-H5: Development Regulations for Single Family Homes Regulations for Single Family Homes
--- --- --- --- --- ---
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
HWT HO HR
Heart of Fairfeld Land Use
Designation
MU-WTS MU-OCD RM-D Sections and
Footnotes
Open Space and Recreational
Amenities
Private Open Space 280 square feet 280 square feet 280 square feet Notes 2, 5
Common Open Space
(Subdivisions with 20 or
more units)
5% of net subdivision
area
5% of net subdivision
area
5% of net subdivision
area
Landscaping Note 3
Depth @ street frontage 10' 8' 8'
Depth @ interior property
line
5'; 0' if side building
setback is 0'
5' 5'
Depth adjacent to
residential zone or land use
5' 5' 5'
Street tree spacing (one
tree for each ...)
30' 30' 30'
Residential Waste Collection
and Storage
For new subdivisons with street frontage, project shall provide 12 linear feet
per unit on street for toter placement.
Alternatively, residential waste can be disposed of in a shared receptacle
(dumpster or bin) contained within an approved trash enclosure that meets
City of Fairfeld standards
Note 7
Alley Development
Table 25-H5: Development Table 25-H5: Development Regulations for Single Family Homes Regulations for Single Family Homes
--- --- --- --- --- ---
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
HWT HO HR
Heart of Fairfeld Land Use
Designation
MU-WTS MU-OCD RM-D Sections and
Footnotes
Single Family Dwellings
Fronting on Alley
Permitted?
With a Conditional Use Permit Note 3

Buildings

Dwelling unit size (minimum) Dwelling unit size (minimum) 200 square feet
Lot Coverage Maximum 60% Accessory
structure lot
coverage
regulated by
Section
25.20.4.1
Building Height Limit 35 Note 4
Garage Width-Maximum
Percentage of Façade Width
(front or street side elevation)
60% Not applied
when
garages face
an alley or
located on
the rear half
Setbacks to garages
if garage faces any street 18'
if garage faces interior side
yard
15'
Table 25-H5: Development Table 25-H5: Development Regulations for Single Family Homes Regulations for Single Family Homes
--- --- --- --- --- ---
(all fgures are minimums
measured from property lines
and in linear feet unless
otherwise indicated)
HWT HO HR
Heart of Fairfeld Land Use
Designation
MU-WTS MU-OCD RM-D Sections and
Footnotes
if garage faces alley or
courtyard
5' exactly or 18'
Accessory Structures Accessory structure setbacks regulated by Section
25.20.4.1
Setbacks to Habitable
Structures
Front or street side
minimum (maximum)
11' (16') where
permitted
12' measured from
back of curb (15'
measured from
property line)
10' (20')
Front faces private
courtyard
5'
Interior side Either 0', 4', or as necessary to provide private open space Note 8
Rear 10'
Upper Floor Encroachments 5' projection of
architectural features
into front setbacks, 0'
into rear
5' projection of
architectural features
into front setbacks, 0'
into rear
None Specifed

Notes:

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

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

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

(4) An increase in Building Height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(5) Private open space may be reduced to 80 square feet with a minimum dimension of 5 feet when the project provides at least 200 square feet per dwelling unit of common open space developed for multiple active uses, such as playgrounds, play courts, barbecue areas, pool, etc.

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

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

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

Table 25-H6: Development Regulations for HPF Zoning District

(all figures are minimums measured from property lines and in linear feet, unless otherwise Sections and indicated) Footnotes

Site Planning

Floor Area Ratio (max. % of net lot
area)
5.0
Lot Area (in sq. ft., for new
subdivisions only)
None
Lot Dimensions (for new
subdivisions only)
Width None
Depth None
Landscaping
Table 25-H6: Development Regulations for HPF Zoning District Table 25-H6: Development Regulations for HPF Zoning District Table 25-H6: Development Regulations for HPF Zoning District
--- --- ---
(all fgures are minimums
measured from property lines and
in linear feet, unless otherwise
indicated)
Sections and
Footnotes
Depth @ street frontage (incl. hwy
or fwy)
0
Depth @ interior property lines: 0
Minimum 0
Street tree spacing (one tree for
each ...)
30 feet of street frontage

Buildings

Setbacks
Front: 0
Street side yard (min. abutting
arterial)
0
Side yard 0
Rear yard 0
Building Height Limit 75

(Ord. No. 2017-14, §§ 15, 17; Ord. No. 2018-03, § 5; Ord. No. 2018-06, §§ 3, 16 – 21; Ord. No. 2021-14, §§ 3 (Exh. B), 7; Ord. No. 2023-03, §§ 5 – 8; Ord. No. 2025-01, §§ 5 – 9.)

25.23.4 Specific Regulations

25.23.4.1 Bars in the Heart of Fairfield

Bars are permitted in all locations in the HD and HDC Zoning Districts if they comply with the following requirements:

  1. The Bar shall not be operated in a manner that results in a disproportionate number of police service calls in comparison to other bars/lounges in the City. As determined necessary, the City will review calls for police service related to illegal activities, public disturbances or nuisances and compare the amount of calls for service at like establishments. A pattern of service calls that are disproportionate in comparison to other bars/lounges in the City will be deemed a public nuisance operation. In such event, the City Council may impose additional requirements, such as the provision of private security, the modification of operating hours or other limits on the use of the premises. In the alternative, the City may initiate proceedings for the revocation of the Business License, and where appropriate, may work with California Alcoholic Beverages Commission to support revocation of an alcoholic beverages license.

Revocation proceedings may be initiated for violations of law or public nuisance activities on or related to the premises, including, but not limited to, the following:

a. Sales of alcoholic beverages to minors or intoxicated persons.

b. Public nuisance conditions associated with the business or its customers, including but not limited to: public drunkenness, public urination, excessive noise, harassment of passersby, off-site litter attributable to the business, open container violations, and other violations of law on the property or attributable to customers of the business.

c. Failure to enforce loitering regulations.

d. The bar shall only be occupied during normal business hours. Occupying the bar for private use or parties after the bar is closed is prohibited.

e. The number of customers shall not exceed the maximum number of occupants, as calculated by the Fairfield Fire Marshall.

  1. The floor plan of the bar shall remain such that the bartender is allowed an unobstructed view of the entire interior of the establishment.

  2. Kitchen and storage areas shall be restricted to and be signed for employee access only.

  3. All windows must allow visibility into and out of the establishment. 
    
  4. Adequate interior light levels shall be provided.

  5. Consumption of alcoholic beverages shall be permitted only between 8:00 a.m. and 2:00 a.m. during each business day.

  6. A separate live entertainment permit must be approved by the Police Department prior to any live entertainment as required by Chapter 12A of the Fairfield Municipal Code.

  7. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages outside the business premises is prohibited.

  8. Loitering or congregating by customers shall not be permitted at the front or rear of the building or on the sidewalks and parking areas adjacent to the building. Signs prohibiting loitering shall be posted on the interior or exterior of the building prior to occupancy of the bar. Operator shall also enforce the City of Fairfield Downtown Smoking Ordinance and shall post a “No Smoking” sign by any front and/or rear doors.

  9. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the owner/operator shall be removed or painted over within 48 hours of being applied.

  10. The owner/operator shall be responsible for maintaining and removing litter from the premises and adjacent areas over which they have control. 
    
  11. Any rear parking area/alley of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons adjacent to the bar in the rear alley. The position of such lighting shall not disturb the normal privacy and use of any neighboring properties.

  12. The owner/operator shall post and maintain a professional quality sign at least two feet square with two-inch block lettering facing the rear alley that reads in English and Spanish as follows:

NO LOITERING, NO LITTERING

NO DRINKING OF ALCOHOLIC BEVERAGES

VIOLATORS ARE SUBJECT TO ARREST

  1. The bar shall use closed circuit television with no less than 1/3” high resolution color cameras, digital surveillance, and recording equipment that is able to view the inside of the entire public access area of the premises and all exterior areas. The video must be recorded and saved for no less than 30 days and capable of being monitored online. The location and placement of the cameras shall be subject to approval by the Fairfield Police Department.

  2. No pay phone shall be maintained on the premises.

  3. Loitering is prohibited, and the owner/operator shall monitor the area under their control to prevent the loitering of persons about the premises.

  4. Signs shall be posted with the Age 21 limit warning that “California State Law prohibits sale of alcoholic beverages to persons who are under 21 years old.” (Ord. No. 2020-06, § 2.)

25.23.4.2 Entertainment with Any Food Service or Bar in the Heart of Fairfield

Entertainment with any Food Service or Bar is permitted in all locations in the HD and HDC Zoning Districts if it complies with the following requirements:

  1. Establishments with entertainment will require an Entertainment Permit from the Fairfield Police Department. Contact the Police Department for further information. The Department may impose specific operational requirements for any establishment offering entertainment.

  2. Entertainment events shall not result in a disproportionate number of police service calls in comparison to other establishments in the City. As determined necessary, the City will review calls for police service related to illegal activities, public disturbances or nuisances and compare the amount of calls for service at like establishments. A pattern of service calls that are disproportionate in comparison to other restaurants/bars/lounges in the City will be deemed a public nuisance operation. In such event, the City Council may impose additional requirements, such as the provision of private security, the modification of operating hours or other limits on the use of the premises. In the alternative, the City may initiate proceedings for the revocation of the Business License, and where appropriate, may work with California Alcoholic Beverages Commission to support revocation of an alcoholic beverages license. Revocation proceedings may be initiated for violations of law or public nuisance activities on or related to the premises, including, but not limited to, the following:

a. Sales of alcoholic beverages to minors or intoxicated persons.

b. Public nuisance conditions associated with the business or its customers, including but not limited to: public drunkenness, public urination, excessive noise, harassment of passersby, off-site litter attributable to the business, open container violations, and other violations of law on the property or attributable to customers of the business.

c. Failure to enforce loitering regulations.

d. The establishment shall only be occupied during normal business hours. Occupying the establishment for private use or parties after the bar is closed is prohibited.

e. The number of customers shall not exceed the maximum number of occupants, as calculated by the Fairfield Fire Marshall.

  1. The floor plan shall remain such that the manager or bartender is allowed an unobstructed view of the entire interior of the establishment.

  2. Kitchen and storage areas shall be restricted to and be signed for employee access only.

  3. All windows must allow visibility into and out of the establishment.

  4. Adequate interior light levels shall be provided.

  5. Consumption of alcoholic beverages shall be permitted only between 8:00 a.m. and 2:00 a.m. during each business day.

  6. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages outside the business premises is prohibited.

  7. Loitering or congregating by customers shall not be permitted at the front or rear of the building or on the sidewalks and parking areas adjacent to the building. Signs prohibiting loitering shall be posted on the interior or exterior of the building prior to occupancy of the bar. Operator shall also enforce the City of Fairfield Downtown Smoking Ordinance and shall post a “No Smoking” sign by any front and/or rear doors.

  8. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the owner/operator shall be removed or painted over within 48 hours of being applied.

  9. The owner/operator shall be responsible for maintaining and removing litter from the premises and adjacent areas over which they have control.

  10. Any rear parking area/alley of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons adjacent to the bar in the rear alley. The position of such lighting shall not disturb the normal privacy and use of any neighboring properties.

  11. The owner/operator shall post and maintain a professional quality sign at least two feet square with two-inch block lettering facing the rear alley that reads in English and Spanish as follows:

NO LOITERING, NO LITTERING

NO DRINKING OF ALCOHOLIC BEVERAGES

VIOLATORS ARE SUBJECT TO ARREST

  1. The establishment shall use closed circuit television with no less than 1/3” high resolution color cameras, digital surveillance, and recording equipment that is able to view the inside of the entire public access area of the premises and all exterior areas. The video must be recorded and saved for no less than 30 days and capable of being monitored online. The location and placement of the cameras shall be subject to approval by the Fairfield Police Department.

  2. No pay phone shall be maintained on the premises.

  3. Loitering is prohibited and the owner/operator shall police the area under their control in an effort to prevent the loitering of persons about the premises.

  4. Signs shall be posted with the Age 21 limit warning that “California State Law prohibits sale of alcoholic beverages to persons who are under 21 years old.” (Ord. No. 2020-06, § 2.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2507.html

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SECTION 25.24 INDUSTRIAL ZONING DISTRICTS

Sections:

25.24.1 Description of Industrial Zoning Districts

25.24.2 Allowed Uses and Permit Requirements

25.24.3 General Development Regulations

25.24.4 Specifc Regulations

25.24.1 Description of Industrial Zoning Districts

This Section provides regulations applicable to development and new land uses in the industrial zoning districts established by Section 25.12.2 (Zoning Districts Established). The purposes of individual industrial zoning districts are as follows:

A. IBP (Industrial Business Park) District. The IBP District is intended for master-planned business and industrial parks in campus-like settings. This district is suitable for administrative and professional offices, research and development parks, limited distribution, light manufacturing, and assembly operations. Commercial uses are generally limited to business support services and accessory sales for goods produced on-site. The IBP zoning district is consistent with the Business and Industrial Park land use category of the General Plan.

B. IL (Limited Industrial) District. The IL zoning district is intended for lands appropriate for low-intensity, light and medium industrial activities. Typical uses include assembly and fabrication industries, warehousing, distribution centers, administrative offices, and business support services. The IL zoning district is consistent with the Limited Industrial land use category of the General Plan.

C. IG (General Industrial) District. The IG district is intended for lands appropriate for medium and heavy manufacturing and industrial activities with direct access to major transportation routes such as arterial roads, freeways, and rail service. The IG district allows a wide range of intense manufacturing and industrial uses and is consistent with the General Industrial land use category of the General Plan.

D. ITP (Industrial Technology Park) District. The ITP district is intended for lands suitable for technology production and development, such as biotechnology, software and hardware development, and electronics. Sites appropriate for this designation should have readily available utilities, fiber optic availability, and be characterized by large contiguous properties. The ITP district is consistent with the Industrial and Technology Park designation in the General Plan.

25.24.2 Allowed Uses and Permit Requirements

A. Permitted land uses. The land uses allowed by this Zoning Ordinance in industrial zoning districts are identified in the following tables as:

  1. “Permitted” land uses are indicated by a “P” on Table 25-11. Permitted land uses are allowed on a property without discretion by the City, subject to compliance with all applicable provisions of this Ordinance.

  2. “Conditionally Permitted” land uses are indicated by a “C” on the tables and are allowed only with the approval of a Conditional Use Permit (Section 25.40.6). These uses are subject to all applicable provisions of this Ordinance as are permitted uses. However, the City has discretion to approve, approve with conditions, or deny a Conditional Use Permit application. The decision on a Conditional Use Permit is based upon the circumstances of an individual case and the criteria in Section 25.40.6.

B. Uses not permitted or not listed. Land uses not permitted are those indicated by a “-” on the table. Land uses not listed on the tables are not allowed, except as provided in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

C. Regulations for specific uses. Where a column in the following tables includes a reference to a section number or footnote, regulations in the referenced section or footnote apply to the use. However, provisions in other sections of this Zoning Ordinance or City Code may also apply.

D. Ancillary Uses. Ancillary uses are those secondary activities associated with a primary land use directly associated with and supporting said primary permitted or conditionally permitted land use. Ancillary uses and activities typically require a minor portion of the square footage or space in a business premises, impose no additional impacts on land use patterns, building design, parking requirements, or outdoor storage. Examples of ancillary uses include, but are not limited to, small factory stores associated with an active manufacturing plant, on-site childcare facilities, etc.

P Use Permitted Use Permitted
Table 25-11: Industrial District Land Use
Regulations
C Conditional Use
Permit
- Not Permitted
Zoning District Additional
Regulations
Use IBP IL IG ITP

Industry

Aquaculture - C - - Section
25.32.15
Commercial Cannabis Business,
Manufacturing
P P P - Chapter
10E
(Commercial
Cannabis
Business)
Note 8
Commercial Cannabis Business,
Testing Lab
P P P - Chapter
10E
(Commercial
Cannabis
Business)
Note 8
Handicraft shop P P - -
Industrial services - P - -
--- --- --- --- --- ---
Laboratory, processing P P P P
Manufacturing and Assembly:
Light P P P P Note 1
Medium C P P C
Heavy - - P -
with outdoor
processing/storage of raw
materials
- C C -
Recycling Collection and
Processing Facility
- C C - Section
25.24.4.2
Scrap and salvage operation - - C -
Wholesale, Storage and
Distribution:
Light or medium C P P C
Heavy - C P C

Education and Training

Child daycare center C C - -
Adult Day Care C - - -
School, business P P - -
School, college or university
(private)
P P - -
--- --- --- --- --- ---
School, personal and social
development
P - - -
School, vocational C C C -

Entertainment and Recreation Related

Adult entertainment business - P - - Section
25.32.2
Athletic club P C - -
Fitness Studio P C
Stadium or arena - C - -

Food Service

Catering services - P - -
Food and beverage sales P P - -
Restaurant, counter service P P - C
Restaurant, table service P P - C
Drive-through sales (with any
food service)
C C - - Section
25.22.4.1

General Service

Auction (indoor) - C - -
Business support services P P - -
--- --- --- --- --- ---
Commercial Cannabis Business,
Retail
P P - - Chapter
10E
(Commercial
Cannabis
Business)
Notes 7, 8
Collection Containers - P - -
Equipment rental (outdoor) - C - -
Hotel/motel C - - - Section
25.22.4.2
Hotel/motel-Extended Stay C - - Section
25.22.4.2
Mini-storage: Exterior - C - -
Mini-storage: Interior C C - - Note 9

Health and Veterinary Services

Ambulance service - P - -
Animal hospital - C - -
Animal kennel - C - -
Emergency medical care P P - -
Hospital C - - - Note 6

Offices and Financial Institutions

Banks C C - C
Coworking Space P - - -
Ofce, Administrative, business,
and professional
P P P P
Ofce, Government P C - -
Ofce, Medical and dental C C - -
Research and development P P P P

Public, Quasi-public, and Assembly Uses (Note 2)

Church or other place of worship P P - - Section
25.24.4.1
Club, Lodge, or Meeting Hall P - - -
Community Center/Banquet Hall P - - -
Corporation yard - P C -
Public safety facility - P P -
Utilities, Public or quasi-public
utilities - major
C C C -
Utilities, Public or quasi-public
utilities - minor
P P P -

Other Uses and Temporary Uses and Events

Accessory use, non-residential P P P P

Assisted Living Facility C - - -
Building or landscape material
sales
- C C -
Contractor’s yard - C C -
Residential caretaker unit C C C - Note 3
Homeless Shelter - C - - Section
25.24.3
Temporary uses and events See Section
25.32.8

Transportation and Communication

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

Vehicle Sales and Service

Automobile and vehicles major
repair
- C - -
Large truck and machinery -
sales and leasing
- C - -
Recreational vehicle sales and
service
- C - -
Service station C C C - Note 4
Vehicle storage or impound yard - C - - Note 5

Notes:

(1) Uses meeting the “Manufacturing and Assembly, Light and Medium” definitions shall include biotechnology, software/hardware development, electronics, and similar technologies.

(2) 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.

(3) Only one residential caretaker unit shall be permitted per property. The unit shall be located within a principal building on the site and/or completely screened.

(4) 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.

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

(6) Hospitals shall not be approved within 1/4 mile of a public elementary or secondary school.

(7) 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.

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

(9) “Mini-storage: Interior” uses shall not be permitted within a ½ mile radius of an existing facility in the IBP District.

(Ord. No. 2008-08, § 2; Ord. 2009-15, § 2; Ord. No. 2011-03, § 2; Ord. No. 2012-04, § 2; Ord. No. 2012-15, § 2; Ord. No. 201307, § 2; Ord. No. 2014-03, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-06, § 7; Ord. No. 2017-08, § 2; Ord. No. 2018-04, § 2; Ord. No. 2020-06, § 3; Ord. No. 2020-14, § 6; Ord. No. 2023-04, § 8; Ord. No. 2024-07, § 3.)

25.24.3 General Development Regulations

All new development, subdivisions, establishment of new land uses, and alterations to existing land uses, structures and site improvements, shall be designed and constructed in compliance with the regulations in the following Table, except those

activities and land uses specified in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements). Additional Zoning Ordinance regulations may apply as referenced in the tables, as well as other City Code regulations City Standards, Specifications and Details, or regulations of another local agency, special district, and State or Federal agency.

Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations
Regulations Zoning District
(all fgures are minimums
measured from property lines and
in linear feet, unless otherwise
indicated)
IBP IL IG ITP Applicable
Sections
and
Footnotes

Site Planning

Floor Area Ratio (maximum percent
of net lot area)
1.0 0.6 0.6 1.5 Note 1
Lot Area (for new subdivisions only) 1 acre 1 acre 2 acres 30 acres Note 2,3,4
Lot Dimensions Note 2
Width 150’ 150’ 200’ 500’
Depth 200’ 200’ 300’ 1,000’
Landscape Areas Note 2
Note 5
Along any frontage abutting a
roadway
15’ 10’ 15’ 15’
Along interior property lines
. . . Minimum 5’ 5’ within 75’ of a street
frontage, and abutting
automobile parking areas
. . . Adjacent to residential zoning
district or use
10’ 10’ 10’ 15’
Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations Table 25-12: Industrial District Development Regulations
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
and
Footnotes
(all fgures are minimums
measured from property lines and
in linear feet, unless otherwise
indicated)
IBP IL IG ITP
Between buildings and vehicle
aisles/parking
10’ along elevations facing a roadway
or providing the primary entry to a
tenant space ; 5’ in other areas where
parking or a drive aisle is adjacent to a
bldg; 0’ in loading or service areas not
visible from a roadway.
Street trees (average spacing
along a frontage)
1 tree for each 20 feet of street
frontage

Buildings

Setbacks Note 2
Front and Street Side Yard 25’ 20’ 25’ 25’
Interior side and rear yards
. . . Minimum 0’ or as required to meet applicable
building and fre codes
. . . Adjacent to residential zoning
district or use
25’, plus 1’ setback for each 1’ of
building height over 35’
Rear yard abutting roadway 20’ 15’ 20’ 20’
Adjacent to creek See Article VIII (Creekside Protection) Note 6
Building Height Limits 50’ 50’ 50’ 70’ Note 7

Notes:

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

(2) Parcels within an integrated development may vary from the minimum lot size and dimensions, setbacks, and landscape areas with recordation of cross easements to guarantee common maintenance of all parking and landscape areas.

(3) In subdivisions with four or more lots, up to 25 percent of the lots in a new subdivision may be minimum 1/2 acre lots.

(4) Required street frontage landscaping shall also be provided along property lines abutting a highway or freeway right-ofway.

(5) Article VIII (Creekside Protection) requires a stream environment zone to be dedicated to the City (up to 200 feet in width) along all or a portion of Jameson Canyon, American Canyon, Green Valley, Suisun, Ledgewood, Dan Wilson, and Laural Creeks. Refer to that section for the specific requirements.

(6) An increase in building height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

(7) In addition to the regulations identified above, the City may enforce the provisions of any Codes, Covenants, and Restrictions to which it is a party.

25.24.4 Specific Regulations

25.24.4.1 Churches in the Limited Industrial Zoning District

Churches and other places of worship in the Limited Industrial (IL) zoning district shall only be allowed in an existing multitenant building and shall meet the following requirements:

A. Location requirement. The church shall be located at least 2,000 feet from a General Industrial (IG) zoning district.

B. Occupancy and use. The church shall not be the principal use of its building. The assembly occupancy (sanctuary seating) shall not exceed 299 persons and shall not include facilities for child day care, preschools, or schools.

C. Hours of operation. Hours of operation of the church use shall not conflict with other uses in the building with regard to noise, parking, and building safety. The following standards shall be met to ensure compliance:

  1. The church use shall comply with the interior noise level standards for a church identified by the Health and Safety Element of the General Plan.

  2. Church uses shall comply with the Uniform Building Code requirements for A-3 (assembly) occupancies within the same building as an H (hazardous) occupancy and all applicable fire code requirements.

D. Parking. Parking shall be provided as required by Section 25.34 of this Ordinance (one space for each four seats in auditorium). However, if the church use will not operate at the same time and day of the week as other uses within the building, this requirement may be satisfied through a shared parking program. The overall parking ratio for the building, including the proposed church, must be a minimum of one space for each 500 square foot of gross floor area.

E. Additional public notice. Notice and hearings shall comply with Section 25.43 (Public Hearings) except that distribution of the public notice shall include all owners of real property and all tenants within 500 feet of the parcel. (Ord. No. 2016-08, § 2.)

25.24.4.2 Recycling Collection and Processing Facility

The purpose of this Section is to ensure that the establishment of Recycling Collection and Processing Centers does not adversely impact land uses in the vicinity of the facility. The intent is to minimize land use conflicts between the processing centers and surrounding area.

A. Type of resource materials. The facility shall handle source separated recyclable materials, and other recyclable goods such as household clothing, household goods, electronic waste, and Freon collection. A Recycling Collection and Processing Center shall not be conducted as a garbage transfer station and shall not collect, process, or sort any raw or wet garbage. Any incoming waste not recycled or recovered shall be transported to an authorized landfill within 48 hours.

B. Sorting. Materials shall be sorted and processed only within an entirely enclosed building. Delivery doors shall be located on building walls away from potential or existing noise sensitive land uses.

C. Outdoor storage - height, setbacks, screening. Baled, paletted, or otherwise consolidated materials stored outdoors shall be stacked no higher than 16 feet and placed no closer than 75 feet to any front property line. Outdoor storage shall be located out of view from public streets and highways, or completely screened by a solid masonry wall.

D. Maintenance. The property owner shall undertake adequate measures to ensure that the site is free of windblown debris at all times. The property owner shall be responsible for cleanup of any windblown debris on or off-site from incoming/outgoing vehicles or outdoor storage.

E. Security. The property owner shall prepare a security plan to ensure that operation of Recycling Collection and Processing Center imposes no impacts on adjoining property owners.

F. Hazardous Materials. Hazardous materials shall not be stored or processed on site except as required for initial separation and processing. All hazardous wastes shall be handled, and transported according to State and federal requirements. (Ord. No. 2016-08, § 2.)

25.24.4.3 Homeless Shelters in the IL Zoning District

The purpose of this section is to establish regulations for the location of homeless shelters in the IL Zoning District. Objectives include minimizing land use conflicts and ensuring that there are adequate services for homeless individuals within the vicinity of the shelter.

  1. Homeless shelters in the IL Zoning District are permitted only on properties within the boundaries of a Fairfield Redevelopment Project Area.

  2. The homeless shelter must be located as follows:

  • a. Within 1/2 mile of a government-owned office providing social services on a citywide or countywide basis.

b. Within 1/4 mile of a bus stop with regularly scheduled public bus service.

c. The parcel on which the facility is located may not be adjacent to a residential zone, school, or park.

  1. The required Conditional Use Permit shall be reviewed by the Fairfield Planning Commission. (Ord. No. 2016-08, § 2.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2508.html

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SECTION 25.26 AGRICULTURE AND PUBLIC BENEFIT ZONING DISTRICTS

25.26.1 Description of Agriculture and Public Beneft Zoning Districts

25.26.2 Allowed Uses and Permit Requirements

25.26.3 General Development Regulations

25.26.1 Description of Agriculture and Public Benefit Zoning Districts

This Section provides regulations applicable to development and new land uses in the agriculture and public benefit zoning districts established by Section 25.12.2 (Zoning Districts Established). Public benefit districts are applied to land owned by the City, County, State, or Federal Governments, school districts, or private interests where governmental, educational, recreational, or other institutional facility is the principal use of the site and is sufficiently different from surrounding land uses to warrant a separate zoning district. The purposes of the individual districts are as follows:

A. AG (Agriculture) District. The AG zoning district is intended to provide for the enhancement and preservation of agriculture. It is intended that the agriculture district restrict land uses to: livestock grazing; crop production and other activities customarily related uses to agricultural operations; and non-agricultural uses that are compatible with agricultural activities. It is also intended that the AG zoning district prohibit incompatible uses including certain residential, commercial, industrial, and recreational uses. The AG zoning district is consistent with the Agriculture land use designation identified by the General Plan.

B. OSC (Open Space/Conservation) District. The OSC zoning district is intended for areas of the City which are environmentally sensitive or are identified by the General Plan as having significant open space value and not to be used for active recreation. The OSC zoning district is consistent with the Conservation Open Space land use designation of the General Plan.

C. REC (Recreation) District. The REC zoning district is intended for public and private lands within the City committed to leisure and recreational uses that are primarily open space in character. Allowed uses include parks, golf courses, regional recreation facilities, and similar compatible uses. The REC zoning district is consistent with the Recreational Open Space land use designation of the General Plan.

D. PF (Public Facilities) District. The PF zoning district is applied to lands owned and operated by the City, County, State, or Federal Governments, or school districts, where a governmental, educational, recreational, or other institutional facility is the principal use of the site. The PF zoning district may accommodate public or privately constructed uses and facilities intended for a purpose found by the City to be in the public interest. The PF zoning district is consistent with the Public Facilities land use designation of the General Plan.

25.26.2 Allowed Uses and Permit Requirements

A. Permitted land uses. The land uses allowed by this Zoning Ordinance in agriculture and public benefit zoning districts are identified in the following tables as:

  1. “Permitted” land uses are indicated by a “P” on Table 25-13. Permitted lands uses are allowed on a property without discretion by the City, subject to compliance with all applicable provisions of this Ordinance.

  2. “Conditionally Permitted” land uses are indicated by a “C” on the tables and are allowed only with the approval of a Conditional Use Permit (Section 25.40.6). These uses are subject to all applicable provisions of this Ordinance as are permitted uses. However, the City has discretion to approve, approve with conditions, or deny a Conditional Use Permit application. The decision on a Conditional Use Permit is based upon the circumstances of an individual case and the criteria in Section 25.40.6.

B. Uses not permitted or not listed. Land uses not permitted are those indicated by a “-” on the table. Land uses not listed on the tables are not allowed, except as provided in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements).

C. Regulations for specific uses. Where a column in the following tables includes a reference to a section number or footnote, the regulations in the referenced section or footnote apply to the use. However, provisions in other sections of this Zoning Ordinance or City Code may also apply.

D. Ancillary Uses. Ancillary uses are those secondary activities associated with a primary land use directly associated with and supporting said primary permitted or conditionally permitted land use. Ancillary uses and activities typically require a minor portion of the square footage or space in a business premises, impose no additional impacts on land use patterns, building design, parking requirements, or outdoor storage. Examples of ancillary uses include, but are not limited to, small factory stores associated with an active manufacturing plant, on-site childcare facilities, etc.

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

Agriculture

Agricultural accessory structure P C C C
Agricultural processing C C - C
Animal stable C - - -
Aquaculture C - - - 25.32.15
Crop production C C - C Note 1
Grazing P P P P
Mining, surface or subsurface C - - -
Plant nursery - agricultural C - - -
Seasonal sale of produce grown on-
site
P C - C Note 2
Well, commercial C C - -
--- --- --- --- --- ---

Education and Training (see Note 3)

Library or museum - - C P
School, college or university (public) C - C P
School, elementary and secondary
(public)
C - C P
Zoo - - C C
P Use Permitted
--- --- --- --- ---
Table 25-13: Agriculture and Public
Beneft
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
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)

Ofces, Government - - - P

Residential

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

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

(4) In the Agricultural zoning district, a firearm/archery 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 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; Ord. No. 2026-01, § 8.)

25.26.3 General Development Regulations

All new development, subdivisions, establishment of new land uses, and alterations to existing land uses, structures and site improvements, shall be designed and constructed in compliance with the regulations in the following table, except those activities and land uses specified in Section 25.10.6 (Exemptions from Zoning Ordinance Requirements). Additional Zoning Ordinance regulations may apply as referenced in the tables, as well as other City Code regulations, City Standards, Specifications and Details, or regulations of another local agency, special district, and State or Federal agency.

Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations
Regulations Zoning District Applicable
Sections
& Notes
(all fgures are minimums
measured from property lines
and in linear feet, unless
otherwise indicated)
AG OSC REC PF

Site Planning

Lot Area (for new subdivisions) 20, 40, or
80 acres
as
indicated
by sufx
none none none Note 1
Landscape Areas (for
developed land only)
Note 2
Along any frontage abutting a
roadway
20' 20' 15' 15' Note 3
Along interior property lines
. . . Minimum 5' 5' 5' within 75' of a
street frontage, and
abutting automobile
parking areas
. . . Adjacent to residential
zoning district or use
10' 10' 10' 10' Note 2
Note 3
Between buildings and
vehicle aisles/parking
10' along elevations facing a roadway or
providing the primary entry to a tenant space;
5' in other areas where parking or a drive
aisle is adjacent to a bldg; 0' in loading or
service areas not visible from a roadway.
Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations Table 25-14: Agriculture & Public Beneft District Development Regulations
--- --- --- --- --- ---
Regulations Zoning District Applicable
Sections
& Notes
(all fgures are minimums
measured from property lines
and in linear feet, unless
otherwise indicated)
AG OSC REC PF
Street trees (average spacing
along a frontage)
1 tree for each 20 ft.
of streetfront

Buildings

Setbacks Note 4
Front and Street Side Yard 25' 25' 25' 20'
Interior side and rear yards
. . . Minimum 0' or as required to meet applicable building
and fre codes
. . . Adjacent to residential
zoning district or use
25', plus 1'
height over
setback for
35'
each 1' of building
Rear yard abutting roadway 20' 20' 20' 15'
Adjacent to creek See Article III (Creekside Protection) Note 5
Building Height (maximum) 50' 50' 50' 50' Note 6

Notes:

(1) The 20 and 40 acre minimum shall apply to areas identified as Intensive Agriculture on the General Plan Land Use Diagram. The 80 acre minimum shall apply to areas identified as Extensive Agriculture.

(2) The landscape requirements only apply to developed parcels, or to the development area of a parcel with land that is to remain undeveloped.

(3) Required street frontage landscaping shall also be provided along property lines abutting a highway or freeway right-ofway.

(4) The minimum lot area, landscape areas, and setbacks do not apply to utility buildings 500 square feet or less in size. The minimum requirements shall be determined by the City on a case by case basis.

(5) Article VIII (Creekside Protection) requires a stream environment zone to be dedicated to the City (up to 200 feet in width) along all or a portion of Jameson Canyon, American Canyon, Green Valley, Suisun, Ledgewood, Dan Wilson, and Laural Creeks. Refer to that section for the specific requirements.

(6) An increase in building height is allowed with approval of a Conditional Use Permit (see Section 25.40.6).

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2509.html

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SECTION 25.28 OVERLAY ZONING DISTRICTS

Sections:

25.28.1 Purpose

25.28.2 Establishment and Designation

25.28.3 Downtown Area Parking (P1) Overlay District 25.28.4 Hillside Development (H) Overlay District 25.28.5 North Cordelia (NC) Overlay District

25.28.5A Gateway Court (GC) Overlay District

  • 25.28.5B Emergency Shelter Overlay District ( ES)

25.28.6 Planned Development (PD) Overlay District 25.28.7 Land Use and Development Regulations for Specifc Planned Development Overlay Districts

25.28.1 Purpose

The purpose of overlay zoning districts is to allow the City to establish special land use regulations, standards, or procedures in areas with unique land use, site planning, building design, or environmental resource issues. Overlay zoning districts are also an appropriate mechanism to implement long-term goals and land use requirements of the City for a specific property, location, or to coordinate land use and design requirements unique to a large tract of land. Overlay zoning districts are intended to be

applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives.

25.28.2 Establishment and Designation

Overlay zoning districts are established through rezoning and only in conjunction with base zoning districts. Letters, numbers, or a combination thereof, shall be combined with other applicable district designations to the property(ies) on which an overlay district is established. Except as modified by the overlay zoning district, the provisions of the applicable base-zoning district shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.

Whenever an overlay district is established, any subsequent application to change the base-zoning district shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.

25.28.3 Downtown Area Parking (P1) Overlay District

The purpose of the Downtown Parking Overlay District (P1) is to allow land uses to deviate from the parking requirements of Section 25.34 (Parking and Loading). This deviation is allowed in recognition of the unique characteristics of the downtown area (HO, HD, and HDC zoning districts) such as: mixed uses, pedestrian scale of development, availability of transit, and the urban streetscape. The regulations of this overlay district will allow a reduction in the number of required parking spaces and may permit the use of in lieu fees and off-site parking facilities.

A. Applicability. The (P1) overlay district shall apply to commercial and mixed use properties in the HDC, HD, and HO Zoning Districts.

B. Parking Requirements. The provision of parking shall be according to the following:

  1. 100 or fewer spaces required. When a non residential use or uses on a parcel would require 100 or fewer parking spaces as determined by Section 25.34 (Parking and Loading), the required number of parking spaces provided shall be 50 percent of the required number.

  2. More than 100 spaces required. When a non residential use or uses on the same parcel would require more than 100 parking spaces, all parking spaces required by Section 25.34 shall be provided. The existence of parking assessment district credits and/or previously paid in lieu fees shall not be taken into consideration as to whether the 100 parking space threshold is exceeded.

C. In lieu fees. The parking requirements of this Section may be satisfied by the payment of a fee in lieu of providing the parking spaces. The amount of the fee shall be determined by the City Council.

The use of in lieu fees for non residential land uses shall be at the discretion of the approval authority. Such use may be denied or limited based on the particular characteristics of the proposed use, adjacent uses, and availability of parking in the vicinity. In-lieu fees shall not be used to satisfy parking requirements for residential uses.

D. Parking assessment district credits. Each property which was included in the 1962-1 parking assessment district shall receive a credit towards required parking equal to the number of parking spaces that the property originally contributed. The amount of the credit for each property has been calculated using the City Engineer’s report for the district. Such credits may be applied only to the particular property, as may be subsequently subdivided or merged, but shall not be transferred or used to satisfy the parking requirement on any other property.

E. Building additions. No additional parking shall be required for structural alterations, repairs, or for building additions less than 400 square feet in area. Any building addition greater than 400 square feet shall provide parking in accordance with subsection 25.28.3 (B). Such addition shall not require the provision of any additional parking for principal building(s) in existence before April 2, 1985.

g additions. No additional parking shall be required for structural alterations, repairs, or for building additions less than 400 square feet in area. Any building addition greater than 400 square feet shall provide parking in accordance with subsection 25.28.3 (B). Such addition shall not require the provision of any additional parking for principal building(s) in existence before April 2, 1985.

F. Change of land use. A change in the use of an existing building shall not require the provision of any additional parking spaces unless both the following are found to exist:

  1. The new use would require more than 100 parking spaces as calculated in the manner specified by subsection 25.28.3 (B) above, and

  2. The new use would require 25 percent more parking spaces than the most recent use of the building.

When a new use requires more than 100 parking spaces, the required amount shall be provided through on site parking, off site parking, in-lieu fees, parking assessment district credits, or a combination thereof.

G. Off site parking. Required parking may be located off-site when located within 300 feet from the property.

H. Records. The Department of Community Development shall maintain a record of parking assessment district credits or in lieu fees paid for each lot within the (P1) district. This record shall contain the total number of parking spaces to which each property is entitled. (Ord. No. 85.10, § 3; Ord. No. 2012-04, § 2; Ord. No. 2018-03, § 6.)

25.28.4 Hillside Development (H) Overlay District

A. Purpose and intent. The purpose and intent of the Hillside Overlay District (H) is to:

  1. Implement the City’s General Plan by establishing hillside regulations and management guidelines to ensure:

a. The preservation of scenic hillside areas and prominent topographic features including ridgelines, steep slopes, and hillsides; and natural features such as tree stands and riparian areas;

b. That development of hillside areas is sensitive to, and preserves natural features; and maximizes open space preservation to enhance the City’s identity and preserve surrounding natural environments;

c. The sound planning of hillside areas deemed appropriate for development;

  1. Establish development regulations and hillside management guidelines that address areas of concern unique to hillside projects such as: open space preservation; grading, drainage and erosion control; roadway and driveway design; lot placement and size; public safety; architecture; and landscape design;

  2. Maintain an environmental equilibrium consistent with existing vegetation, wildlife, soils, geology, slopes and drainage patterns and to preserve the natural topography, including swales, canyons, knolls, ridgelines and rock outcrops;

  3. Avoid development that would result in unacceptable fire, flood, landslide or other safety hazards;

  4. Avoid unwarranted high maintenance costs for public facilities or land; and

  5. Provide a mechanism for flexible residential development projects in hillside areas so that development may be concentrated in those areas with the least environmental and aesthetic impact.

B. Establishment and designation. The (H) overlay district should be applied to sites with slopes of 5 to 10 percent, on all or a portion of the property, or that are otherwise located on prominent hills within the community or on the lower slopes of hillsides at the periphery of the City. Land with these characteristics shall be considered for inclusion in the (H) district when an annexation application is being considered by the Planning Commission and City Council. Property designated by the General Plan as Intensive or Extensive Agriculture, Open Space Recreation, or Open Space Conservation is not intended to be zoned within the (H) district.

C. Development regulations. Development within the (H) overlay district shall comply with the requirements of the base zoning district and the Hillside Management Guidelines established by Resolution of the City Council.

D. Procedures. Hillside Management Guidelines shall be established by Resolution of the City Council and shall address the submittal requirements and processing procedures for projects within the (H) overlay district. The Director of Community Development shall have the authority and responsibility to establish specific submittal requirements and procedures necessary

for the review and processing of all land use applications within the Hillside Overlay, consistent with the hillside management guidelines, and other applicable City and State requirements.

E. Review and findings. All applications within the (H) overlay district shall be reviewed in accordance with the applicable standards for land use and development applications provided in this Zoning Ordinance and Chapter 12D (Open Space Preservation) of the City Code, and for compliance with the Hillside Management Guidelines. The approval authority shall make the required findings provided for in Chapter 12D and this Zoning Ordinance. Prior to granting any approval of a land use or development application within the (H) overlay district, to the extent that they are applicable to the approval being requested, the approval authority shall find that the proposed project is in compliance with the Hillside Management Guidelines; and

  1. Prominent natural features on the site will be preserved.

  2. Development will generally occur in valleys and on the lower elevations of a site

  3. A natural appearance will be provided and maintained along the boundary between development and open space;

  4. Off-site views of the project will be minimized by the placement and design of improvements;

  5. The project is designed in consideration of the long term quality of the design solution; and

  6. The project includes provisions for public facilities and/or other amenities as needed to support the development.

F. Fees. The City Council may establish a fee to off-set the additional administrative costs of review and processing applications for development within the (H) overlay district.

25.28.5 North Cordelia (NC) Overlay District

A. Purpose and intent. The initial purpose and intent of the North Cordelia Overlay District (NC) is to implement the Green Valley Settlement Agreement (GVSA). In 2024, the NC Overlay District was revised to expand the set of allowable uses and establish certain design standards for Office Commercial (CO) zoned properties south of Business Center Drive.

B. Applicability and expiration. The NC Overlay District is applied to all properties within the City located north of Interstate 80 and west of Suisun Valley Road in Cordelia, as identified on the Zoning Map.

C. North Cordelia Design Standards. All development within the NC Overlay District shall comply with the North Cordelia Design Standards contained in Resolution 89-384, adopted by the city council on November 21, 1989, as may be amended. The approval authority shall find that the proposed development is in compliance with the design standards prior to granting any development approval within the NC Overlay District.

For CO zoned parcels south of Business Center Drive, any new building containing an expanded use as listed in Section F below shall incorporate materials and design equal to or better than those approved for buildings in the Green Valley Technical Plaza and Green Valley Office Park. New and existing buildings may include roll-up doors and up to two loading bays or docks that facilitate direct loading from the building into trucks. No more than one roll-up door may be permitted on a street-facing elevation. Truck bays or docks may not be located on a street-facing elevation. Trim, materials, and paint for all roll-up doors shall be coordinated to blend with the building design to minimize the doors’ visual impact.

D. Traffic standards. Within the NC Overlay District, the City shall not approve any disposition and development agreement or other discretionary permit for commercial development that is greater than 10,000 square feet or that generates more than 150 daily trips if calculated Levels of Service (LOS) at the time of approval at any major intersection, as defined in Section 6.1 of the GVSA, is either operating at a level of service lower than LOS D, as a result of the proposed approval in combination with existing traffic levels and projected traffic from the projects described in Section 1.29 of the GVSA and all other approved residential and commercial agreements in North Cordelia.

E. Public art. Development within the boundary of the NC Overlay District shall include public art in the project or pay an inlieu fee. As required by the Price Club Settlement Agreement (City Council Resolution 91-277), a public art fee equal to 0.0025 percent of the building permit valuation for a project shall be paid concurrently with issuance of a building permit. In lieu of payment of this fee, the developer may purchase public art or construct public art for inclusion in the project. Public art shall

or pay an inlieu fee. As required by the Price Club Settlement Agreement (City Council Resolution 91-277), a public art fee equal to 0.0025 percent of the building permit valuation for a project shall be paid concurrently with issuance of a building permit. In lieu of payment of this fee, the developer may purchase public art or construct public art for inclusion in the project. Public art shall

include, but shall not be limited to water features, sculptures, and tapestries. Design features incorporated into proposed building architecture, such as cornices, pilasters, or special paving materials, are not considered public art. The City shall approve all public art projects.

F. Expanded Land Uses. Within the NC Overlay District, parcels located south of Business Center Drive with an Office Commercial (CO) zoning designation may operate the following additional land uses by right or conditionally, as specified in Table 25-NC.

Table 25-NC: Expanded Land Uses for Office Commercial (CO) Properties South of Business Center Drive

Use CO-NC Additional Regulations
General Retail
Commercial Cannabis Business, Retail P Note 1
Education and Training
School, vocational P Notes 2 and 3
Entertainment and Recreation Related
Athletic Club P
Ofces and Financial Institutions
Research and Development P
Public, Quasi-public, and Assembly
Community Center/Banquet Hall P
Club, Lodge, or Meeting Hall P
Residential
Adult Day Care C
Industry
Handicraft shop P Note 3
--- --- ---
Manufacturing and Assembly – Light P Notes 3 and 4
Commercial Cannabis Business, Testing Lab P Note 1

Notes:

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

(2) Vocational school operations may not take place outdoors.

(3) Outdoor storage of any items is prohibited.

(4) Trailered trucks (semi-trailer, tractor-trailer, and similar) may not travel to or from CO designated parcels during the following periods:

• 6:00 to 9:00 am and 3:00 to 7:00 pm on weekdays

• 7:00 am to 7:00 pm on weekends

(Ord. No. 2024-02, § 2.)

25.28.5A Gateway Court (GC) Overlay District

A. Purpose and intent. The purpose and intent of the Gateway Court Overlay District (GC) is to facilitate the continued success of the restaurant cluster on Gateway Court and to prohibit or discourage incompatible uses.

B. Applicability and expiration. The (GC) Overlay District is applied to parcels located south of Gateway Court near the northwest corner of Gateway Blvd and Travis Blvd extending to the west side of Maupin Court.

C. Permitted Land Uses. Permitted land uses in the (GC) Overlay District are as follows:

Restaurant, Table Service

Restaurant, Counter Service

D. Conditionally Permitted Land Uses. Land uses permitted with a Conditional Use Permit are as follows:

New merchandise sales, less than 80,000 s.f. Community Center/Banquet Hall
Apparel and shoes Catering service
Florist Food and beverage sales
Market, specialty food and beverage Entertainment with any food service
--- ---
Photo, video, and electronics Banks
Commercial recreation

E. Development Standards. Development standards shall be as established for the CR Zoning District in Table 25-10.

(Ord. No. 2013-17, § 2; Ord. No. 2015-06, § 2.)

25.28.5B Emergency Shelter Overlay District (-ES)

A. Purpose and intent. The purpose and intent of the Emergency Shelter Overlay District (-ES) is to establish as-of-right (permitted) development and operation of emergency shelters in appropriate locations and to facilitate the ability of emergency shelters to expand as needed to serve homeless and potentially homeless residents of Fairfield in accordance with State law.

  • B. Applicability.
  1. The (-ES) Overlay District shall apply to properties in the IL Zoning Districts with an IL-ES designation.

  2. Notwithstanding the above, the City Council may by ordinance allow an emergency shelter to operate on a temporary basis on properties in other zoning districts, in order to meet immediate shelter needs during a local emergency or state of emergency as described in Chapter 6 of the City Code. Such emergency shelter use shall comply with the development standards of this section. Upon termination of the emergency, the emergency shelter shall immediately cease operations and shall no longer be permitted.

C. Permitted Land Uses. All land uses within an (-ES) Overlay District shall comply with the applicable base Zoning District or other applicable Overlay District, except the following additional use shall be a permitted (P) land use in the (-ES) Overlay District:

  1. Homeless Shelter as defined in Section 25.50 of the Fairfield Zoning Ordinance.

D. Development Standards. Development Standards in the (-ES) Overlay District shall be those established for the base Zoning District. In addition, Homeless Shelters shall comply with following operational and development standards:

  1. Occupancy. No emergency shelter shall exceed a capacity of 250 residents on any single parcel.

  2. Length of Occupancy. Resident’s stay shall not exceed six consecutive months.

  3. Zone Specific Development Standards. An emergency shelter shall comply with all development standards of the applicable zoning district in which it is located.

  4. Parking Requirements. Emergency shelters shall provide one parking space for every staff member and one parking space for every 10 residents.

  5. Management. An emergency shelter must prepare and implement a Management Plan for the property. In addition, all emergency shelters shall implement the following management practices:

a. Shelter operations shall ensure that prospective and current residents do not wait outside the shelter on sidewalks or any other public rights-of-way.

b. Security shall be provided on site during hours of operation.

c. On-site management shall be provided by at least one emergency shelter staff member at all times while residents are present at the shelter. (Ord. No. 2015-04, § 2; Ord. No. 2020-15, § 2.)

25.28.6 Planned Development (PD) Overlay District

A. Purpose and intent. This Section is intended to encourage innovations through regulations that will:

  1. Promote creative and imaginative designs, superior to those attainable under conventional zoning district standards, by allowing greater flexibility in the application of land use and development regulations;

  2. Encourage the assembly and integrated development of parcels that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods, and the variety and diversity in the development of large-scale projects;

  3. Promote a more economic and efficient use of land by allowing a variety of housing choices, commercial and industrial activities, a high level of urban amenities, and the preservation of open space; and

  4. Safeguard the environment and enhance the aesthetics of the community by preserving environmentally sensitive areas, prominent natural features, and cultural or historic resources. While use of the Planned Development overlay district is an effective planning tool to achieve the above purposes, it is not the City’s intent to confer special privileges to any land owner or compensate a land owner for areas of a property that are otherwise unbuildable due to existing features or constraints on the property.

B. Applicability and designation on Zoning Map. The Planned Development overlay district shall be applied to property through rezoning pursuant to Section 25.47 (General Plan and Zoning Amendments), and may be combined with any base zoning district established by Section 25.12.2 (Zoning Districts Established) including other overlay districts. This district shall be designated on the Zoning Map by the suffix “PD” followed by a file number assigned by the Department.

C. Five acre minimum site. A Planned Development overlay district may be used in conjunction with any base zoning district designation on a site with a minimum of five acres of gross developable land area (See Section 25.50, Definitions).

D. Special initiation procedure. Initiation of a Planned Development overlay district rezoning shall only be by Resolution of the Planning Commission or City Council at a public hearing. The Department shall prepare a report that describes the purpose of the proposed Planned Development rezoning and what alternatives are available to accomplish the stated objectives (e.g., changes to a project, rezoning to another base zone, or a text amendment to the Zoning Ordinance). If the Commission or Council chooses not to initiate a PD overlay district filed by a property owner, all unexpended processing fees related to the PD overlay district application shall be refunded to the applicant.

E. Application contents/Master Development Plan. All applications for rezoning to a PD overlay district shall be filed with the Department of Community Development as prescribed by the Director. The application shall include a Master Development Plan that shows the proposed development in sufficient detail for thorough analysis of the proposal and its potential impact on nearby properties and land uses.

ication contents/Master Development Plan. All applications for rezoning to a PD overlay district shall be filed with the Department of Community Development as prescribed by the Director. The application shall include a Master Development Plan that shows the proposed development in sufficient detail for thorough analysis of the proposal and its potential impact on nearby properties and land uses.

At a minimum, the Master Development Plan shall identify the following:

  1. A statement of goals and objectives for the project, and explanation of why a Planned Development overlay district is necessary;

  2. Principal circulation routes and access points, including public right-of-way widths;

  3. Base zoning designations of all land, including lands to be preserved and public facilities;

  4. Community design elements, including parkways and other landscape features, fencing and wall plans, streetscape and hardscape amenities, and architectural concepts; and

  5. Special regulations, standards, or design guidelines necessary to establish and implement the objectives of the Master Development Plan.

An approved Master Development Plan shall serve as an exhibit of the Zoning Map and shall provide direction for future development of the PD overlay district.

F. Modification of land uses. All land uses within a Planned Development overlay district shall comply with the applicable base-zoning district, except when the approved Master Development Plan includes specific revisions to allowable land uses. While a Master Development Plan is intended to establish the overall pattern of land uses and density/intensity of development within the boundaries of a Planned Development overlay zone, the permitted and conditionally permitted uses should be as regulated by the underlying base zone(s). Specifically, a Planned Development overlay district shall not be used to prohibit locally undesirable land uses. However, where modification to allowed uses is necessary to carry out the purpose of the Ordinance and the objectives of the overlay zone, they may be approved if the facts of the case justify the findings contained in Section 25.28.6 (H) below.

Where revisions to allowable base zones are proposed, the applicant shall provide written justification as to why the modification is necessary. Additional land uses may be added if the City finds that such land uses are consistent with the General Plan, Specific Plan, or other applicable plans.

G. Development regulations. All development regulations within a Planned Development overlay district shall comply with the base-zoning district applicable to the property, unless the district’s provisions specifically state otherwise. Special regulations, design standards, infrastructure requirements, environmental mitigation measures, and the like may be applied to Planned Development overlay districts as determined necessary by the City to implement the purposes of this Ordinance and the objectives of the Master Development Plan.

trict applicable to the property, unless the district’s provisions specifically state otherwise. Special regulations, design standards, infrastructure requirements, environmental mitigation measures, and the like may be applied to Planned Development overlay districts as determined necessary by the City to implement the purposes of this Ordinance and the objectives of the Master Development Plan.

Where modification of base zoning district development regulations is proposed, the applicant shall provide a written justification as to why the base zoning district does not allow for the reasonable accommodation of such development. Modification to development regulations may be approved if the facts of the case justify the findings contained in Section 25.28.6 (H) below.

H. Findings for approval. Prior to the approval of a Planned Development rezoning, the findings required in Section 25.47 (General Plan and Zoning Amendments) and as follows shall be made by the City Council:

  1. The proposed Planned Development overlay district is necessary to promote the efficient use of land, safeguard the natural and built environment, obtain high-quality public amenities, and/or achieve creative and imaginative design superior to that which would be attainable under conventional zoning district regulations.

  2. If the Planned Development overlay district will modify the allowable uses or development regulations in any base zone district, the following findings shall be made:

a. That the change to permitted or conditionally permitted uses is necessary to achieve specific objectives to the Master Development Plan, and that the revision does not have the effect of restricting locally undesirable land uses within the project.

b. The land uses and development regulations allowed by the Master Development Plan are consistent with the General Plan.

I. Conditions of Planned Development rezoning. As a condition of rezoning to a PD overlay district, the City may apply other regulations determined necessary to implement the intent and purpose of the district. These regulations may include, but are not limited to, design standards, infrastructure requirements, and environmental mitigation measures.

J. Subsequent development approvals within Planned Development Overlay District. All land use and development approvals within a PD overlay district shall be in substantial compliance with the approved Master Development Plan. Deviations of substance shall require an amendment to the Planned Development overlay district regulations. Minor revisions consistent with the purpose and intent of the approved Master Development Plan may be authorized by the Planning Commission with the approval of Master Development Plan Amendment (see subsection K below).

e in substantial compliance with the approved Master Development Plan. Deviations of substance shall require an amendment to the Planned Development overlay district regulations. Minor revisions consistent with the purpose and intent of the approved Master Development Plan may be authorized by the Planning Commission with the approval of Master Development Plan Amendment (see subsection K below).

K. Master Development Plan Amendment. The Master Development Plan Amendment process allows for minor modifications to the land use boundaries or conditions of approval associated with a Master Development Plan. Land use boundaries may be adjusted only to the extent that the diversity of all land uses is maintained and the overall density or intensity of land uses is within 10 percent of that identified in the Plan (e.g., number of dwelling units, floor area ratio, etc.).

  1. Application filing and processing. An application for a Master Development Plan Amendment shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

  2. Project review, notice, and hearing. Each Master Development Plan Amendment application shall be analyzed to ensure that the application is consistent with all applicable provisions of this Ordinance. Each application shall be reviewed and acted upon by the Planning Commission at a public hearing held in compliance with Section 25.43 (Public Hearings).

  3. Findings, decision, and conditions. Following a public hearing, the Director shall record the Commission’s decision and the findings upon which the decision is based. The Commission may approve a Master Development Plan Amendment with or without conditions when it finds that the proposed amendment:

a. Is consistent with the intent and purpose of the Master Development Plan;

b. Will result in development that is equal to or superior quality to that approved in the original Master Development Plan; and

c. Is compatible with the existing and anticipated land uses in the vicinity.

25.28.7 Land Use and Development Regulations for Specific Planned Development Overlay…

This section establishes additional land use and development regulations for specific Planned Development overlay zones identified on the Zoning Map. When the language contained within any of the Planned Development zones referenced below (e.g., Z.C. 85-14) makes reference to Planned Unit Development permit approval for minor modifications to development standards, the Master Development Plan Amendment process identified in the previous section shall be used instead. Consistent with the Master Development Plan Amendment section, these changes to development regulations shall be limited to land use boundaries and conditions of approval, and shall not include changes to land uses, allowable densities, and similar regulations, which would require a Zoning Map Amendment.

A. Eastridge. The following Regulations shall apply in the Eastridge PD overlay district:

  1. A maximum of 217 single-family detached dwelling units are permitted.

  2. The project is permitted one single street intersection with Green Valley Road. No access to any residential lot shall be directly from Green Valley Road.

  3. For tree or hillside preservation purposes, the Director shall have the ability to approve a 20 minimum front instead of the 25 foot front yard required by the Residential - Low Density Zoning District.

B. Mangels Ranch. The following regulation shall apply in the Upper Mangels PD overlay district: A maximum of 229 single family detached dwelling units are permitted.

C. Rancho Solano. The following regulations shall apply in the Rancho Solano PD overlay district:

  1. A maximum of 1,200 dwelling units is permitted within the project.

  2. In addition to the underlying land use designations, development shall comply with the provisions of Ordinance 85-14, and by reference the following plans and documents on file in Planned Development zoning file Z.C. 85-3: “Rancho Solano Illustrative Plan”; “Rancho Solano Open Space Concept - Land Use - Sheet 1”; “Land Use Plan, Sheet 1”; “Land Use Plan, Sheet 1A”; “Rancho Solano, Sheet 2, revised 12/14/84”; and Rancho Solano, A Planned Unit - Golf Course Development.”

  3. Concurrent with the filing each final map for a development area, the remaining property outside the developed area within the map shall be designated Open Space Conservation and placed within the Conservation Easement for Rancho Solano.

D. Gold Ridge. The following regulations shall apply in the Gold Ridge PD overlay district: In addition to the underlying land use designations, development shall comply with the provisions of Ordinance 97-12, and by reference the approved land plans titled “Planned Unit Development Zoning Map, Gold Ridge, Fairfield, California” dated “Received May 27, 1997” and plans titled “Community Design Plan for Gold Ridge at Cannon Station” dated 8 May 1997, on file in Planned Development zoning file Z.C. 97-5.

E. Fieldcrest. The following regulations shall apply in the Fieldcrest PD overlay district:

  1. In addition to the underlying land use designations, development shall comply with the provisions of Ordinance 94-19, and by reference the approved land plan titled “Open Space System, Fieldcrest, Fairfield, CA” dated April 22, 1994, on file in Planned Development zoning file Z.C. 84-8.

  2. The 63-acre Open Space area indicated on the Section Zoning Map contained in Ordinance 94-19 shall be dedicated as a conservation easement to the City or other third party foundation, prior to or concurrent with recordation of any Final Subdivision Map on the project.

F. Garibaldi Ranch. The following regulations shall apply in the Garibaldi Ranch PD overlay district:

  1. A maximum of 673 dwelling units is permitted within the project.

  2. In addition to the underlying land use designations, development shall comply with the provisions of Ordinance 97-14, and by reference the approved land plans titled “Garibaldi Ranch Planned Unit Development Zoning and Development Standards Exhibit”; the “Garibaldi Ranch Concept Elements Exhibit”; and “Garibaldi Ranch, A New Neighborhood of Cordelia Village” dated July 28, 1997, on file in Planned Development zoning file Z.C. 97-7.

  3. The areas designated Open Space on the approved land plans referenced in G.1. shall be dedicated, via conservation easement or other form satisfactory to the City, prior to or concurrent with recordation of the first Final Subdivision Map on the project.

G. Waterman Ranch House. The following regulations shall apply in the Waterman Ranch House PD overlay district:

  1. The historic architectural integrity of the building exteriors on the property shall be maintained. Any modifications to the building exterior shall be approved by the City to ensure consistency with this requirement.

  2. The only type of livestock allowed on the property shall be horses and their number shall be limited to four.

  3. Further subdivision of the existing parcels, as depicted on the Planned Development Zoning Map, certified approved by the City on December 8, 1984, is prohibited.

  4. The Waterman Ranch property shall be made available for public viewing two times per year, between the hours of 10:00 AM and 5:00 PM, on dates approximately six months apart. The exact dates shall be established by the City and property owner on an annual basis. Groups proposing to view the property shall be required to apply to the City for approval and scheduling.

H. Stonedene. The following regulations shall apply in the Stonedene PD overlay district:

  1. With the exception of a parking lot to serve the offices uses, no new development shall be allowed on the site. This condition may be modified by the City Council if the applicant does not receive from the City development rights elsewhere in exchange for preserving an approximately 1.94-acre portion of the Stonedene site.

  2. The Stonedene mansion shall be open for public tours at least four times per year. The applicant shall work with the City to establish the dates and times for the tours.

  3. Exterior modifications of the Stonedene building shall be subject to approval by the Planning Commission. Exterior modifications of the building shall not include an expansion of the floor area of the building.

I. Western Business Park. The following regulations shall apply to the portion of Western Business Park identified as having a PD overlay:

  1. The required rear yard setback for any property abutting the Linear Park shall be ten feet.

  2. On property abutting the linear park, the rear setback area to be landscaped shall be zero to 10 feet as determined necessary through the Development Review process based on the need to screen outdoor storage.

  3. As a condition of Conditional Use Permit or Development Review approval for any development abutting the Linear Park, a cash deposit or in lieu fee acceptable to the Director of Community Development shall be required for wall construction on the north boundary of the Linear Park.

J. North Gate. The following requirements shall apply in the North Gate PD overlay district:

  1. The purpose of this Planned Development (PD) Zoning District is to provide housing for exclusive use of military families.

  2. Development standards and operation shall be as outlined in the original Planned Unit Development Permit and Planned Development Zoning Z.C. 88-15.

  3. New development and/or redevelopment in the North Gate Planned Development District shall require a Zone Change to the Train Station Specific Plan Zoning District (P.D. 2011-1). Said new development/redevelopment shall comply with all requirements of the Train Station Specific Plan, including in particular the following requirements:

A. Maximum Development. Planning Area 9A was developed with approximately 300 multifamily apartment units for active military personnel. The lease has expired and the housing is currently vacant. Continued use of the property consistent with the existing North Gate Planned Development Zoning is permitted to continue.

Any redevelopment or change in use from current military housing use will require a Specific Plan Amendment. If the property owner wishes to receive water and sewer service from the City of Fairfield, they will be responsible for constructing all utilities, paying all impact fees, reimbursements, connection fees, and annexing into any Community Facilities Districts formed by property owners in the remainder of the Train Station Specific Plan Area.

  • B. Development Regulations.
  1. Permitted Uses.

Land uses in Planning Area 9A shall be limited to existing military housing uses permitted under the existing North Gate Planned Development Zoning. Changes in land use will require rezoning, a Zoning Ordinance Amendment, an amendment to the Specific Plan and a Planned Unit Development Permit.

2. Development Regulations.

No new development is permitted in Area 9A without an Amendment to the Specific Plan, General Plan Amendment, and Zoning Ordinance Amendment.

  • K. Train Station Specific Plan PD Overlay District.

Purpose and intent. The purpose and intent of the Train Station Specific Plan PD Overlay District is to implement the vision outlined in the adopted Train Station Specific Plan.

Applicability and expiration. The Train Station Specific Plan PD Overlay District is applied to those properties to be developed in the City of Fairfield located generally south of Goldridge and north of Cement Hill Road, east of Peabody Road, north of Vanden High School and west of North Gate Road as identified on the Zoning Map, with a -PD Zoning Map designation.

Those properties not yet assigned a base zoning district are designated “TS” on the Zoning Map. As base zoning is assigned during the Planned Unit Development Permit process, these properties will be assigned a base zoning designation along with the -PD Zoning Map designation. The TS designation would be removed at that time.

Development and Design Standards. In addition to any development standards outlined for the base zones in this chapter, all development within this PD district shall implement the design standards and vision outlined in the Train Station Specific Plan, as adopted by the Fairfield City Council on July 26, 2011 through Resolution 2011-159. The approval authority shall find that the proposed development is in compliance with the design standards and vision prior to granting any development approval within the Train Station Specific Plan PD Overlay District.

A. General Provisions.

  1. Train Station Specific Plan. All development shall be in accord with the policies and standards of the Fairfield Train Station Specific Plan (“Specific Plan”) except as may be explicitly modified by the conditions or processes established herein or in the Fairfield City Code.

  2. No Permits Granted. This Zoning Ordinance Amendment does not in itself grant building permits or other entitlements for any residential units or commercial, industrial, institutional, or public buildings or facilities. All projects shall comply with this Planned Unit Development Zoning Ordinance, the Fairfield Zoning Ordinance generally, and undergo the required subdivision map or development review approval process, obtaining Development Review Approval, a Planned Unit Development Permit or Conditional Use Permit, as required, as well as pay all fees.

  3. Maximum Number of Dwelling Units. The maximum number of dwelling units permitted in this Planned Unit Development Zoning District is 6,800. This number is distributed among the Planning Areas in the Specific Plan Area as described in Table 4- 1, attached herein.

  4. Transfer of Dwelling Units. Dwelling units may be transferred between and within the Planning Areas defined in Table 4-2 through a Density Transfer process described in Sections 14.5 and 14.6 of the Specific Plan. The mechanism for a Dwelling Units Transfer is a Planned Unit Development (PUD) Permit, either through a Master Planned Unit Development Permit or the Project Planned Unit Development Permit.

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Table 4-1: Land Use Summary

  1. Master Planned Unit Development Permit Required. Master Planned Unit Development Permits (MPUDP) shall be submitted to the Community Development Department for Specific Plan Planning Areas 1, 2, 3, 4, 5, and 6 (Figure 1) as depicted on Figure 4-7 of the Specific Plan. An application for an MPUDP may be submitted by any landowner or their representative. The City shall hold at least one meeting for landowners within the Planning Area prior to a public hearing on the MPUDP request. To approve the MPUDP, the Planning Commission must make findings that the MPUDP is consistent with the Train Station Specific Plan and this Zoning Ordinance.

Subsequent development in the Specific Plan Area will develop consistently with the initial MPUDP, unless amended and supplemented as required through the Project Level PUD process.

The MPUDP shall include the following elements:

A. Conceptual Land Plan depicting the location of various land uses, residential densities and housing types in the Planning Area. The Conceptual Land Plan shall determine the Adjusted Gross Acreage of each parcel and calculate the minimum and target number of residential units, based on its Specific Plan density.

B. Planning Area Facilities Plan. For each Planning Area designated in the Specific Plan (Figure 1), a Planning Area Facilities Plan (Facilities Plan) shall be prepared by qualified professionals and submitted to the Community Development Director for review.

  1. Water. The Facilities Plan shall show domestic water source of water, storage and transmission facilities, and water distribution within the Planning Area, including connections to facilities serving the entire Specific Plan Area and other communities.

  2. Streets and Pedestrian Facilities. The Facilities Plan shall show pedestrian and vehicular traffic flows and the location of streets and pedestrian facilities within the Planning Area, typical road cross sections within and contiguous to the Planning Area. The City shall require illustration of specific street improvements for each Planning Area consistent with the Specific Plan and Northeast Fee ordinance.

The locations of minor collector and local streets shown on Figure 4.1 in the Specific Plan are illustrative. The alignments of major collectors, arterial streets, and signalized intersections, including Peabody Road, New Canon Road, the Vanden Road/New Canon interchange, Cement Hill Road/Manuel Campos Parkway, and the Fairfield-Vacaville Train Station, shown on Figure 1-2 in the Specific Plan, shall be considered definitive.

  1. Wastewater. The Facilities Plan shall identify collection and transmission facilities within the development area, including line sizes and capacities. The Facilities Plan should address connection to off-site City transmission facilities needed to serve the Planning Area.

  2. Storm Drainage and Erosion Control. The Facilities Plan shall demonstrate compliance with the Specific Plan and all City of Fairfield and Fairfield-Suisun Sewer District requirements for storm drainage, including a master SWPP plan prepared for each planning area. Plans shall illustrate development area, sizing and location of storm drains and detention systems, and the location and design of the regional retention basins outlined in the Specific Plan. The Facilities Plan shall discuss the methodology for determining storm drainage flows and shall confirm that development will be flood-proofed from 100-year storms. The Facilities Plan shall also address erosion control during construction in compliance with all mitigation measures outlined in the Specific Plan EIR.

  3. Parks. The Facilities Plan shall illustrate the location of all public parks of greater than 0.5 acres in size, public trails, public squares, and other major recreational facilities.

  4. Other Public Utilities. The Facilities Plan shall show other major public utilities, including major power transmission corridors, regional water and wastewater infrastructure, and major telecommunications facilities. All utilities shall be placed underground unless specifically exempted by City Ordinance, State law, or identified in the Specific Plan.

C. Planning Area Community Design Plan. The purpose of the Planning Area Community Design Plan (Community Design Plan) is to implement the Specific Plan land use and design concepts and design guidelines and to establish consistent design themes for the Specific Plan area and each Planning Area. The Community Design Plan shall provide guidelines for property owners developing residential communities, commercial districts, and public spaces. The Community Design Plan should address major roadway corridors, community gateways, open space corridors, open space interfaces, parks, and parking lot location and design. The design concepts and themes in the Planning Area Community Design Plans should be consistent with the Specific Plan and the Planning Area Facilities Plan. The geographic boundaries of the initial Planning Area Community Design Plan shall include the entire Planning Area but should also illustrate how development in the Planning Area will integrate with surrounding development areas.

The initial Planning Area Community Design Plan anywhere in the Specific Plan Area will establish design themes and precedents for both the Planning Area and Master PUDs elsewhere in the Specific Plan Area. Subsequent Planning Area Community Design Plans and development proposals shall demonstrate consistency with the initial Planning Area Community Design Plan.

The Planning Area Community Design Plan shall include the following elements:

  1. Conceptual Landscape Plan. Landscape Plans shall address neighborhood open space interfaces and corridors, walkways, public and private rights of way, street trees, public spaces and squares, public and private parks, entry features, sound wall landscaping, and landscape buffers between land uses.

  2. Conceptual Open Space Plan. Open space is intended to be natural and undeveloped in character, providing for community buffers, habitat conservation and mitigation, and limited passive recreational uses. The Plan shall identify the location of the open spaces, proposed fencing, trees, shrubs, and other plantings, if proposed, access points, including fire roads, trails, natural features, including hill forms, trees (if any), drainage channels and associated riparian vegetation, rock formations, and creek corridors.

  3. Special Design Elements. The Community Design Plan shall address the following design elements:

a. Fencing/wall plan which specifies height, location, design, and materials for fencing and/or walls.

b. Street furniture design, including ornamental streetlighting, mailboxes, benches, bollards and other decorative traffic control devices.

c. Community identification signs, monuments, or landscaped features.

d. Master Sign Program for all commercial and industrial areas.

D. Phasing Plan. The Master PUD Permit shall show the phasing of private development with the Planning Area and the phasing of construction of public improvements both within and outside of the Planning Area. This Phasing Plan shall be consistent with the provision of facilities outlined in the Master Facilities Plan.

E. Master Homeowners’ Association. Creation of a Master Homeowners’ Association (HOA) or annexation into an existing HOA shall be a condition of approval of any Master PUD Permit. All HOAs shall be established in accordance with the policies of the Specific Plan.

F. Multiple Ownerships. For Planning Areas having multiple ownerships at the time of the initial Master PUD Permit application, the Master PUD Permit shall be used by the City to determine:

  1. Alignment of streets which traverse various parcels which have different owners;

  2. Location of pocket parks, detention basins, and similar public or quasi-public facilities which serve that Planning Area;

  3. Transfer of density within a Planning Area, if requested by property owners; and

  4. Construction responsibilities for public improvements that benefit multiple property owners, including but not limited to detention basins, parks, streets located on existing property lines or which traverse or benefit more than one parcel, and utilities. Determination of construction responsibilities shall include cost sharing ratios and cost reimbursement obligations.

  5. Compliance with Mitigation Monitoring Reporting Program. All development shall comply with the mitigation measures contained in the Mitigation Monitoring and Reporting Program, adopted by the City Council by Resolution 2011-158, in conjunction with its certification of the Final Environmental Impact Report for the Specific Plan. If subsequent environmental review is done for a project in accordance with the California Environmental Quality Act, then it also shall comply with any mitigation measures approved as part of the subsequent environmental review.

B. Conditional Use Permits.

“Conditional Use” refers to uses permitted at the discretion of the Planning Commission or the Community Development Director. In granting a Conditional Use Permit or a Planned Unit Development Permit approving a conditional use, the Commission or Director shall make all findings required in Section 25.40.6 of the Zoning Ordinance.

  • C. Project Planned Unit Development Permits.

Development consistent with an existing Master Planned Unit Development Permit and this Ordinance shall not generally require a project-level Planned Unit Development Permit. However, a Project Planned Unit Development Permit shall be required in the following circumstances:

  1. If an applicant proposes to modify an existing Master Planned Unit Development Permit.

  2. If a project requires a change in density or development type from that identified in the Specific Plan.

  3. If an applicant proposes to deviate from development standards for allowed base zoning in this Zoning Ordinance.

  4. If the applicant proposes an amendment to the Specific Plan.

  5. If the project is located in Planning Area 2 and is not a Low Density Residential Land Use and for uses in the Village Core in Planning Area 4.

  6. If the project is a mixed-use commercial-residential project.

D. Specific Planning Area Development Regulations.

All development in the Train Station Specific Plan shall comply with the goals, policies, and development guidelines contained in the Train Station Specific Plan document and the associated Environmental Impact Report.

  1. Planning Area 1. Development in Planning Area 1 shall be subject to the following regulations:

A. Maximum Dwelling Units. A maximum of 1,050 dwelling units may be developed in Planning Area 1. Applicants may request additional units through a density transfer via the Planned Unit Development Permit process outlined in Section 4.A.4 above.

  • B. Land Use Regulations.
  1. Permitted Uses. For areas designated as follows on Figure 1-2 of the Specific Plan:

a. LR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RLM Zoning District, but including home occupation and live-work.

b. MR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RM and RH Zoning Districts but including home occupation and live-work.

c. HR: Uses Permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RH and RVH Zoning Districts, but including home occupation and live-work.

  • d. For Park and Linear Park sites, all uses in Table 25-13 of the Fairfield Zoning Ordinance for the REC Land Use.

  • e. Warehouse (existing): Permitted to remain as a mini-warehouse as defined in the Fairfield Zoning Ordinance.

  1. Prohibited Uses.
  • a. New mini warehouse facilities.

  • b. All office uses except for property management.

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

a. LR: Comply with the standards for RL8, RLM6, RLM5, RL4.5 or RLM/RM Small Lot zoning districts in Tables 25-3 and 25-5 of the Fairfield Zoning Ordinance.

b. MR: Comply with the standards for RM Small Lot or Multifamily Development Standards (RM/RH) as contained in Tables 25-4, 25-5 or 25-6 of the Fairfield Zoning Ordinance.

c. HR: Comply with the standards for RH or RVH development in Table 25-4 of the Fairfield Zoning Ordinance, subject to design consistency with the Specific Plan except that development may occur at densities of up to 50 dwelling units per acre as provided for in the Specific Plan.

d. Park sites and Linear Park: Subject to the requirements of Table 25-13 of the Fairfield Zoning Ordinance for REC.

e. The City may require additional walls or landscaping to screen residential uses from existing nonconforming land uses.

  1. Planning Area 2. Development in Planning Area 2 shall be subject to the following regulations:

A. Maximum Development. A maximum of 1,575 dwelling units and 37 acres of Community Commercial and Mixed Use Commercial development may be developed in Planning Area 2, along with community facilities, active parks and recreation areas, and passive open space areas. Applicants may request additional residential units through a density transfer via the Planned Unit Development Permit process outlined in Section 4.A.4 above.

  • B. Land Use Regulations.
  1. Permitted Uses. For areas designated as follows on Figure 1-2 of the Specific Plan:

a. LR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RLM Zoning District but including home occupations and live-work.

b. MR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RM and RH Zoning Districts, but including home occupations and live-work.

c. HR: Uses Permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RH and RVH Zoning Districts but including home occupations and live-work.

d. Community Commercial: Uses permitted for the HD and CN Zoning Districts as defined in this Ordinance.

  • e. Commercial Mixed Use: Uses permitted for the HD, CN, and CM Zoning Districts as defined in this Ordinance.

f. For Park and Linear Park sites: Uses in Table 25-13 of the Fairfield Zoning Ordinance for the REC Land Use, except as required to implement the concept for the Town Square outlined in the Specific Plan.

g. School: Uses permitted include all uses in Table 25-13 of the Fairfield Zoning Ordinance for “PF” Public Facilities land uses.

  1. Prohibited Uses.
  • a. Mini-warehouse facility.

  • b. In areas designated LR, HR and MR, all office uses except for on site residential leasing or sales offices.

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

a. With the exception of LR housing, School facilities, residential additions and accessory structures, all development in Planning Area 2 residential requires a Project Planned Unit Development Permit to ensure that such development implements the design and land use concepts for the Town Center outlined in Chapter 5 of the Train Station Specific Plan.

b. LR: Comply with the standards for RL8, RLM6, RLM5, RL4.5 or RLM/RM Small Lot as contained in Tables 25-3 or 25-5 of the Fairfield Zoning Ordinance.

c. MR: Except where necessary to implement the Specific Plan Town Center design concept, comply with the standards for RM Small Lot or Multifamily Development Standards (RM/RH) as contained in Tables 25-4, 25-5, or 25-6 of the Fairfield Zoning Ordinance and a Planned Unit Development Permit.

d. HR: Except where necessary to implement the Specific Plan Town Center design concept, the two areas designated HR opposite the Train Station site shall comply with the standards for RVH development in Table 25-4 or 25-6 of the Fairfield Zoning Ordinance, except that development shall occur at densities of at least 24 dwelling units per acre. Development may

occur at densities of up to 50 dwelling units per acre as provided for in the Specific Plan subject to design consistency with the Specific Plan and a Planned Unit Development Permit.

Other areas designated RH shall comply with the standards for either RH or RVH development, as appropriate for their proposed development density, in Table 25-4 except that development may occur at densities of up to 50 dwelling units per acre as provided for in the Specific Plan.

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

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

g. For Park and Linear Park sites: Development shall occur per the design concepts contained in the Specific Plan as required to implement the concept for the Town Square and other public and private open space and recreational amenities.

h. School: School design shall implement the vision of the Specific Plan.

  1. Planning Area 3. Development in Planning Area 3 shall be subject to the following regulations:

A. Maximum Dwelling Units. A maximum of 924 dwelling units may be developed in Planning Area 3. Applicants may request additional residential units through a density transfer via the Planned Unit Development Permit process outlined in Section 4.A.4 above.

B. Land Use Regulations.

  1. Permitted Uses. For areas designated as follows on Figure 1-2 of the Specific Plan:

a. LR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RLM Zoning District, but including home occupation and live-work.

b. MR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RM and RH Zoning Districts but including home occupation and live-work.

c. HR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RH and RVH Zoning Districts, but including home occupation and live-work.

d. For Park and Linear Park sites: All uses in Table 25-13 of the Fairfield Zoning Ordinance for the REC Land Use.

  1. Prohibited Uses.
  • a. Mini warehouse facilities.

  • b. All office uses except for property management.

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

a. LR: Comply with the standards for RL8, RLM6, RLM5, RL4.5 or RLM/RM Small Lot as contained in Tables 25-3 or 25-5 of the Fairfield Zoning Ordinance.

b. MR: Comply with the standards for RLM/RM Small Lot or Multifamily Development Standards (RM/RH) as contained in Tables 25-4 and 25-5 of the Zoning Ordinance.

c. HR: Comply with the standards for RH or RVH development in Table 25-4 or 25-5 of the Fairfield Zoning Ordinance, subject to design consistency with the Specific Plan except that development may occur at densities of up to 50 dwelling units per acre as provided for in the Specific Plan.

d. Park sites and Linear Park: Subject to the requirements of Table 25-13 of the Fairfield Zoning Ordinance for REC.

e. Pedestrian connections and train station drop-off shall be provided as outlined in the Specific Plan policies for Planning Area 3.

  1. Planning Area 4. Development in Planning Area 4 shall be subject to the following regulations:

A. Maximum Dwelling Units. A maximum of 1,664 dwelling units may be developed in Planning Area 4. Applicants may request additional residential units through a density transfer via the Planned Unit Development Permit process outlined in Section 4.A.4 above.

  • B. Land Use Regulations.
  1. Permitted Uses. For areas designated as follows on Figure 1-2 of the Specific Plan:

a. In residential areas: Except for those uses identified in subsection 2 below as “prohibited uses,” all uses in Table 25-1 of the Fairfield Zoning Ordinance for the RL, RLM, RM, RH and RVH Zoning Districts, including single family residential, multifamily residential and accessory and ancillary uses, as appropriate for the density identified in the Specific Plan.

b. South Lake Activity Core, as described in Chapter 5 of the Specific Plan: Permitted Uses include those listed as permitted in Table 25-9 for the CN Zoning District. In addition, the following specific land uses may be conditionally permitted in the South Lake Activity Core:

  • public library

  • entertainment with food service

  • bar

  • c. Lake Park: For park sites, all uses in Table 25-13 for the REC land use.

  1. Prohibited Uses.
  • a. Mini warehouse facilities.

  • b. In the LR, HR and MR land use districts, all office uses except for residential management offices.

  1. Development Regulations. In addition to the specific design guidelines established in Chapter 6 (Lake District Plan), development shall comply with the following regulations. For areas designated as follows on Figure 1-2 of the Specific Plan:

a. LR: Comply with the standards for RL8, RLM6, RLM5, RL4.5, RLM/RM Small Lot as contained in Tables 25-3 or 25-5 of the Fairfield Zoning Ordinance.

b. MR: Comply with the standards for RM Small Lot or Multifamily Development Standards (RM/RH) as contained in Tables 25-4, 25-5, or 25-6 of the Fairfield Zoning Ordinance.

c. HR: Comply with the standards for RH or RVH development in Table 25-4 of the Fairfield Zoning Ordinance, subject to design consistency with the Specific Plan except that development may occur at densities of up to 50 dwelling units per acre as provided for in the Specific Plan.

d. Park sites and Linear Park: Should be developed in accordance with Table 25-13 of the Fairfield Zoning Ordinance where appropriate. The Lake Park shall be developed in accordance with Figure 6-1 and Section 6.4.1 of the Specific Plan.

e. Village Core (Neighborhood Commercial): Development shall generally comply with the requirements of the CN Zoning District except where specific policies and design guidelines for development contained in Chapter 6 of the Specific Plan provide additional guidelines.

  • f. The following items shall be submitted with the Master PUD Permit for Planning Area 4:

  • i. A Storm Water Reuse Plan in accordance with Specific Plan Policy 11-14.

ii. A Lake Management Plan in accordance with Specific Plan Policy 11-13.

iii. Conceptual land plan for the 20-acre CN parcel, in accordance with Specific Plan Policy 6-14.

iv. Lake Park Master Plan, including the phasing of its improvements, in accordance with Specific Plan Policies 6-25 and 6- 27.

  1. Planning Area 5. Development in Planning Area 5 shall be subject to the following regulations:

A. Maximum Dwelling Units. A maximum of 1,447 dwelling units may be developed in Planning Area 5. Applicants may request additional residential units through a density transfer via the Planned Unit Development Permit process outlined in Section 4.A.4 above.

  • B. Land Use Regulations.
  1. Permitted Uses. For areas designated as follows on Figure 1-2 of the Specific Plan:

a. LR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RLM Zoning District, but including home occupation and live-work.

b. MR: Uses permitted in Table 25-1 of the Fairfield Zoning Ordinance for the RM and RH Zoning Districts but including home occupation and live-work.

c. Water Treatment Plant: Subject to Policy 4-14 I through III in the Train Station Specific Plan.

  1. Prohibited Uses.
  • a. Mini warehouse facilities.

  • b. All office uses except for property management.

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

a. LR: Areas south of New Canon Road shall comply with the standards for RLM6, RLM5, RL4.5 or RLM/RM Small Lot as contained in Tables 25-3 or 25-5 of the Fairfield Zoning Ordinance. Areas north of New Canon road shall comply with the standards for the RL10 or RL8 as contained in Tables 25-2 or 25-3 of the Fairfield Zoning Ordinance.

b. MR: Comply with the standards for RLM/RM Small Lot or Multifamily Development Standards (RM/RH) as contained in Tables 25-4 and 25-5 of the Fairfield Zoning Ordinance.

c. City may require additional setbacks or screening for residential development adjacent to the potential Vacaville Water Treatment Plant.

d. The following items shall be submitted with the Master PUD Permit for Planning Area 5:

i. Plan showing access to the 20-acre site owned by the City of Vacaville for a future water treatment plant, in accordance with Specific Plan Policy 4-14.

ii. The Master PUD Permit for PA 6 shall be submitted concurrently with the Master PUD Permit for PA 5.

iii. The Master PUD Permit for PA 7 shall be submitted concurrently with the Master PUD Permit for PA 5. The Master PUD Permit for PA 7 shall include a Conceptual Plan for the Great Park and any trail or open space improvements within PA 7.

  1. Planning Area 6. Development in Planning Area 6 shall be subject to the following regulations:

A. Maximum Development. A maximum of 286 acres may be developed for industrial purposes in Planning Area 6. Up to 14 acres may be developed for limited service uses and as provided for in the specific plan.

  • B. Permitted Uses.
  1. Permitted uses shall be those permitted in the IL (Limited Industrial) Zoning District (Table 25-11) for the southern subarea and for the portion of the northern subarea north of New McCrory Road.

  2. Permitted uses in the northern subarea south of New McCrory Road shall be those permitted in the IG (General Industrial) or IL Zoning Districts.

  3. A limited-scale service area consisting of professional offices, food service, fitness, business support services, personal services, and/or medical uses may be permitted in each subarea, subject to the development standards of the CN (Neighborhood Commercial) Zoning District and the approval of the Community Development Director or the Planning Commission.

  4. In addition to those uses permitted by subsections 1-3 above, any industrial use within the Train Station Specific Plan area, which was legally established under County jurisdiction and in existence at the time of annexation but which became a nonconforming use due to annexation to the City, shall be classified as a permitted use in Planning Area 6, subject to the following provisions:

a. The relocation of such use to Planning Area 6 shall be subject to City’s development review process; City shall have the right to impose conditions of approval in accordance with all adopted policies and standards of the City, including the Specific Plan. Those conditions of approval may include but are not limited to building design, building height and location, hours of operation, lighting and noise standards, screening of outdoor storage, and operational aspects of the use.

b. City may but is not obligated to approve a relocation of an existing nonconforming use to Planning Area 6, which would have a larger site area, larger building area, or greater intensity of industrial operations than exist at the time of annexation.

C. Rail Service. One or more railroad spurs shall be constructed by the landowners to serve industrial development in Planning Area 6. The timing, location, and extent of the railroad spurs shall be reviewed and approved by the City during the Master Planned Unit Development Permit for Area 6.

  • D. Development Standards.
  1. With the exceptions listed below, development shall be constructed per the standards for industrial development (IL and IG) in Table 25-12. Commercial development shall meet the standards contained in Table 25-10 for CN development.

  2. Industrial development visible from Vanden Road shall incorporate screening landscaping and/or buffering berms to reduce visual impacts from outdoor storage areas and delivery and service areas.

  3. Industrial properties which abut habitat conservation areas shown on Figure 12-4 in the Specific Plan shall also meet the following standards:

a. Maintain a minimum 20-foot setback to any building, streets, or landscape elements permitted within this setback.

b. Locate loading, waste disposal, heavy equipment, and parking for large trucks away from these edges.

c. Comply with requirements for habitat conservation “edges” outlined in Section 12.4 of the Specific Plan.

  1. Planning Area 9. Development in Planning Area 9 shall be subject to the following regulations:
  • A. Maximum Development. For Planning Area 9A, refer to the existing North Gate Planned Development Zoning (Z.C.-88-15).

Planning Area 9B can be developed with up to 5 single family dwellings on minimum one-acre lots. If property owners wish to receive water and/or sewer service from the City of Fairfield, they will be responsible for constructing all utilities, paying all reimbursements, impact fees and connection fees, and annexing into any Community Facilities Districts formed by property owners in the remainder of the Train Station Specific Plan Area.

Planning Area 9D can be developed with up to 105 single family homes. Applicants may request additional residential units through a density transfer via the Planned Unit Development Permit process outlined in Section 4.A.4 above.

  • B. Land Use Regulations.
  1. Permitted Uses.

For Planning Area 9A, please refer to the North Gate Planned Development Zoning (Z.C. 88-15).

Land Uses in Planning Area 9B shall be limited to those uses permitted in the RVL zoning district. Land Uses in Planning Area 9D shall be limited to those uses permitted in the RLM Zoning District.

  1. Development Regulations.

For Planning Area 9A, please refer to the North Gate Planned Development Zoning. Development in Planning Area 9B shall comply with all standards for RVL 1 development in Table 25-2. Development in Planning Area 9D shall comply with the standards for RLM6, RLM5, RL4.5, or RLM/RM Small Lot zoning districts in Table 25-3 and 25-4 of the Fairfield Zoning Ordinance.

E. Nonconforming Uses. Notwithstanding any provisions of the Zoning Ordinance of the City of Fairfield, the following provisions shall regulate those uses which are not consistent with the land use designations of the Train Station Specific Plan and the Train Station Specific Plan Planned Development Overlay Zone District.

  1. A use which had been legally established in an unincorporated area under Solano County jurisdiction as a permitted use or through a land use permit with a condition of approval without an expiration date, and which is in existence at the time of its annexation to the City shall become a legal nonconforming use. All such nonconforming uses shall have the right to continue to operate subject to compliance with the conditions of approval adopted by the County and shall be subject to the nonconforming use and structure provisions of Section 25.46 of the Zoning Ordinance of the City of Fairfield.

  2. A use which is in existence at the time of its annexation and which had been legally established in an unincorporated area under Solano County jurisdiction through a land use permit with a condition of approval with an expiration date, shall have the right to continue to operate during the term of its County permit as a legal nonconforming use. All such nonconforming uses shall have the right to continue to operate subject to compliance with the conditions of approval adopted by the County and shall be subject to the nonconforming use and structure provisions of Section 25.46 of the Zoning Ordinance of the City of Fairfield. Upon expiration of the term of the land use permit, the use shall have no legal right to continue to operate and shall cease operation on the date of expiration of its term.

Notwithstanding the above, the City may allow such use to continue after annexation as an interim use subject to the Final Approval of an interim use permit subject to the requirements as follows:

a. Property owner files an application for an interim use permit in accordance with the provisions of Section F below within one year of the effective date of Ordinance 2023-04.

b. Property owner agrees to make an irrevocable offer of dedication of the abutting right-of-way if the property abuts Cement Hill Road, Peabody Road and or Vanden Road.

c. Provisions to guarantee the termination of the use upon expiration of the interim use permit.

  1. A use in existence at the time of its annexation to the City and which had been legally established under Solano County jurisdiction through a land use permit with a condition of approval which causes the permit to expire or become null and void upon annexation to the City, shall be subject to the following regulations:

a. Each use shall have the legal right to continue to operate in accordance with its County land use permit conditions for a period of one year after the date of annexation to the City.

b. Within one year of the effective date of Ordinance 2023-04, each property owner and permittee with an expiring or expired county land use permit must file an Interim Use Permit application with the City.

c. Any use which does not obtain approval of its interim use permit application shall have no legal right to continue to operate and shall cease operation.

  1. A use in existence at the time of annexation which was not legally established under Solano County jurisdiction shall not be classified as a legal, nonconforming use and shall have no rights to continue to operate pursuant to this section. Any continuation of such use subsequent to annexation to the City shall be in violation of the Zoning Ordinance and the Train Station Specific Plan Planned Development Overlay Zone District Ordinance. All such uses shall cease immediately upon annexation to the City.

Notwithstanding the above, the City may allow such use to continue after annexation as an interim use subject to the Final Approval of an interim use permit subject to the requirements as follows:

a. Property owner files an application for an interim use permit in accordance with the provisions of Section F below within one year of the effective date of Ordinance 2023-04.

b. Property owner agrees to make an irrevocable offer of dedication of the abutting right-of-way if the property abuts Cement Hill Road, Peabody Road and or Vanden Road.

c. Provisions to guarantee the termination of the use upon expiration of the interim use permit.

  1. If a use was not legally established or is operating in violation of the Solano County Zoning Ordinance, notwithstanding the provisions of subsection 4 above, the City may allow such use to continue, or be introduced, after annexation as an interim use subject to the Final Approval of an interim use permit, provided the owner of property and the City have entered into a settlement agreement or similar agreement. The terms of such agreement shall include but are not limited to the following:

a. Property owner agrees to file an application for an interim use permit in accordance with the provisions of Section F.

b. Property owner agrees to make an irrevocable offer of dedication of the abutting right-of-way if the property abuts Cement Hill Road, Peabody Road and or Vanden Road.

c. Provisions to guarantee the termination of the use upon expiration of the interim use permit.

d. For nonconforming uses that are introduced on an interim basis, property owner agrees to make an irrevocable offer of dedication for internal streets and detention basins as depicted in Figure 1-2 of the Train Station Specific Plan or any approved Master Planned Unit Development Permit that includes the subject property.

F. Interim Land Uses.

  1. Purpose. The Train Station Specific Plan area contains existing uses established under Solano County jurisdiction which are not consistent with the land uses allowed by the Specific Plan. The purpose of this section is to allow those nonconforming uses to continue or be introduced for a limited duration following annexation, or similar uses otherwise not permitted by the Specific Plan, provided they will not impede development of land uses allowed by the Train Station Specific Plan.

olano County jurisdiction which are not consistent with the land uses allowed by the Specific Plan. The purpose of this section is to allow those nonconforming uses to continue or be introduced for a limited duration following annexation, or similar uses otherwise not permitted by the Specific Plan, provided they will not impede development of land uses allowed by the Train Station Specific Plan.

  1. Interim Use Permit. An interim use permit is a discretionary permit which, if approved, would allow the continued operation and limited expansion of nonconforming uses, or similar uses otherwise not permitted, which would otherwise be required to cease operation upon annexation to the City. A property owner is eligible to apply for an interim use permit only if the property meets the criteria in Subsection E.3 or E.5 above.

  2. Application Requirements. The application contents and application fee shall be those in effect for a Conditional Use Permit, in accordance with Section 25.41.3 and 25.41.4 of the Fairfield Zoning Ordinance.

  3. Approval Authority. An interim use permit shall be subject to approval of the Community Development Director. Notice of pending consideration of an interim use permit shall be provided in the same manner as a Conditional Use Permit.

5. Preliminary Approval.

a. A granting of Preliminary Approval of an interim use permit by the Community Development Director shall contain conditions of approval which include but are not limited to the following:

i. No site improvements shall be allowed except those required to comply with a condition of approval of an interim use permit.

ii. Conditions related to the use of the property and operational characteristics, including but not limited to intensity of the use, hours of operation, lighting, noise, and vehicular access.

iii. If the property abuts Cement Hill Road, Peabody Road and or Vanden Road, the property owner shall make an irrevocable offer of dedication to the City of the additional right-of-way along its frontage which is needed to widen the road in accordance with the standards of Chapter 10 of the Specific Plan.

iv. The duration of the interim use permit.

v. An agreement between the City and the property owner and the interim use permit applicant which includes provisions to guarantee the termination of the use upon expiration of the interim use permit.

b. The Community Development Director may grant a Preliminary Approval of an interim use permit if the Director finds and determines that:

i. The continuation or introduction of the interim use during the duration of the interim use permit will not impede the development of other properties in the vicinity in accordance with the Specific Plan;

ii. The prevailing economic conditions do not support development of the property in accordance with the Specific Plan, during the duration of the interim use permit; and

iii. The conditions of approval related to the use of the property and its operational characteristics will not impede the development of other properties in the vicinity in accordance with the Specific Plan or affect the health, safety and welfare of residents or businesses in the vicinity.

  1. Final Approval. The Community Development Director shall grant Final Approval of a preliminary interim use permit when he/she determines that the permittee and property owner have complied with all the conditions of approval of the Preliminary Approval.

  2. Interim Use Permit Term and Extension.

a. The term of an interim use permit shall be determined through the conditions of Preliminary Approval. The duration of the term shall be determined by Community Development Director, based on the findings in subsection 5.b above.

b. The minimum initial term of an interim use permit shall be one year.

c. A permittee and property owner may file an application to extend the term of an interim use. A request for extension shall be processed in the same manner as an interim use permit application and subject to the same findings.

  1. Revocation. If the Community Development Director determines that a use is not operating in compliance with the conditions of approval of its interim use permit, he/she shall provide to the property owner and permittee a written notice of intent to revoke the interim use permit. The written notice shall be sent not less than ten (10) calendar days prior to the date of the administrative hearing. At the conclusion of the hearing, the Community Development Director may revoke or modify the conditions of approval of the interim use permit if the Director finds that the use is not operating in compliance with the conditions of approval.

L. Green Valley Residential.* The following development standards shall apply in the Green Valley Residential PD overlay district:

1. Lot Dimensions: Lot Dimensions:
Width
Interior lot 38 feet
Corner lot 43 feet
Depth 83 feet
2. Parking: Parking: Parking:
--- --- --- ---
On-site spaces per dwelling
Of-site spaces per dwelling
3. Landscaping:
Street trees (one tree for each)
Front yard landscaping to be installed by developer
4. Open Space:
Private open space
Common open space
5. Dwelling Unit Size:
6. Lot Coverage:
7. Setbacks:
Front
Habitable portion of
building
Porch
Garage opening
Street side yard
Interior side yard
Rear 5 feet
--- --- --- ---
8. Building Height Limits:
Main dwelling 35 feet
Accessory structures see §
25.20.4.1

(Ord. No. 2010-03, § 2; Ord. No. 2011-11, §§ 5, 6; Ord. No. 2012-13, § 4; Ord. No. 2013-16, § 2; Ord. No. 2015-06, § 2; Ord. No. 2015-16, § 3; Ord. No. 2017-08, § 2; Ord. No. 2018-03, § 8; Ord. No. 2019-04, § 8; Ord. No. 2020-18, §§ 2, 3; Ord. No. 2021-14, §§ 11, 12; Ord. No. 2023-04, § 9; Ord. No. 2025-01, § 10.)

  • Code reviser’s note: Ord. No. 2015-16 adds these provisions as subsection M. They have been editorially relettered to avoid a gap in lettering.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2510.html

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Division 3. Site Planning and General Development Standards

SECTION 25.30

GENERAL DEVELOPMENT REGULATIONS

Sections:

25.30.1 Purpose and Applicability

25.30.2 Fences, Walls, and Hedges

25.30.3 Screening

25.30.4 Outdoor Lighting

25.30.5 Plan Lines and Building Setback Lines

25.30.6 Exceptions to Height Limits and Setbacks

25.30.7 Trash and Recyclable Enclosures

25.30.8 Solar Energy Systems

25.30.1 Purpose and Applicability

This Section provides standards and regulations applying to land uses in all zoning districts. The intent is to guide the location, design, and development of improvements and the operation of new or existing uses. The provisions of this Section shall be applied in combination with other regulations in this Ordinance. Where the Director determines there to be a conflict between these regulations and regulations specific to a zoning district, the most restrictive regulation shall apply.

25.30.2 Fences, Walls, and Hedges

The following regulations apply to the installation of fences, walls, and hedges. Temporary construction fencing is exempt from these regulations.

A. Definitions. The following definitions shall apply where the terms “open decorative fence”, “solid decorative fence”, or “hedge” are used in this section:

  1. “Open decorative fence” shall mean a barrier that can be seen through. When visible from public view, on- or off-site, the fence shall be constructed with a decorative material, such as wrought iron or tubular metal. On a property with other than single-family residential use, chain-link shall not be considered decorative material.

  2. “Solid decorative fence” shall mean a solid fence or wall that provides an opaque barrier designed in a style, decorative material, or color compatible with any buildings on the site. Solid fences on any residential property need not be designed in this manner.

  3. “Hedge” shall mean any landscaping that obstructs views, other than individual trees at least six feet apart.

B. General regulations. All fences shall comply with the following regulations:

  1. Location. No fence, wall, hedge, or other structure shall be installed or maintained within 36 inches of any fire hydrant and no closer than 12 inches to any utility (e.g., street lights) or utility cabinet.

  2. Parcels with grade differential. Where there is a difference in the ground level between two sides of a fence (including property line fences), the height of any fence or wall constructed shall be determined by using the fence location finished grade of the higher parcel.

  3. Hillside Overlay District. When proposed in the Hillside Overlay District, fences and retaining walls shall comply with the height requirements established by the Hillside Management Guidelines.

  4. Fences in the Heart of Fairfield Plan Area (HD, HDC, HWT, HO, HR, and HTD zoning districts) shall be limited to open or solid decorative fences, walls, or hedges and shall not exceed a maximum height of 3 1/2 feet. Fences shall be developed behind the required street frontage landscape setback or public right-of-way for Heart of Fairfield Plan zoning districts.

C. Regulations by land use. Except for as provided in Section B. above, the following regulations shall apply on developed lots.

  1. Single-family residential uses. Fences, walls, or hedges on a property with a single-family home, duet, or duplex shall be limited to a height of 42 inches within 15 feet of the front property line, and to seven feet in height beyond 15 feet from the front property line.

  2. Multifamily residential uses and churches. An open decorative fence may be installed on a multifamily property to a maximum height of seven feet in height along any property line. The fence may be built to the edge of sidewalk with an encroachment permit issued by the Public Works Department. With the written approval of the Police Department, the maximum height may be increased to ten feet for an open decorative fence that is set back at least ten feet from the property line. Any solid decorative fence or hedge may be installed to a maximum height of six feet at the required building setback line.

  3. Nonresidential Land Uses in Residential Zoning Districts. Fences for nonresidential uses in any residential zoning district shall meet the same design and setback standards as fences for residential land uses as outlined in Sections C1 and C2 above.

  4. Commercial. Fencing on any property with a commercial zoning designation shall comply with the following regulations:

a. Any open or solid decorative fence, wall, or hedge eight feet or less in height may be installed in any location up to the required street frontage landscape setback identified in Table 25-10: Commercial District Development Regulations. Any fence, wall, or hedge greater than eight feet in height shall comply with all required building setbacks. Fencing in the Heart of Fairfield zoning districts shall comply with the required street frontage landscape setbacks in Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings and Table 25-H3: Development Regulations for Multifamily Buildings.

b. In addition to the provisions in a. above, any commercial property owner may have installed an open, decorative fence up to ten feet in height in any location up to the required street frontage landscape setback identified in Table 25-10 with the written permission of the Fairfield Police Department.

c. Vinyl-clad chain-link fencing may be installed at the rear of buildings if not visible from public areas on- or off-site, or any public right-of-way (e.g., vinyl-clad chain link shall not be used along a street-side property line).

d. Screening for outdoor storage shall be installed in compliance with Section 25.32.9, Outdoor Seating, Display, and Merchandise Storage.

  1. Industrial. Fencing for any property with an industrial zoning designation shall comply with the following requirements:

a. Any open or solid decorative fence, or hedge 12 feet or less in height may be installed in any location up to the required front building setback line identified in Table 25-12: Industrial District Development Regulations. Any fence, wall, or hedge eight feet or less in height may be installed in any location up to the required street frontage landscape setback line identified in Table 25-12. Any fence, wall, or hedge exceeding 12 feet in height shall comply with all required building setbacks.

b. Vinyl-clad chain link fencing may be installed along any interior side property line.

c. In the Light or General Industrial zoning districts, galvanized chain link fencing shall be permitted along any interior side or rear property line only where no landscape setback is required (see Table 25-12).

d. Screening for outdoor storage shall be installed in compliance with Section 25.32.9 (Outdoor Seating, Storage, and Merchandise Display).

D. Regulations for specific types of fences. The following regulations shall apply in all zoning districts:

  1. Fences on corner parcels. No fence, wall, hedge, or other visual obstruction over 24 inches in height shall be constructed where traffic visibility will be impeded, i.e., in that portion of a street corner that is located within the triangle formed by the intersecting curb lines and a line connecting the points drawn 30 feet away from their point of intersection on the lines (see Figure 25-3: Traffic Safety Visibility Area).

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Figure 25-3: Traffic Safety Visibility Area

This requirement shall not apply to: official warning signs or signals; public utility poles and cabinets; trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection; and saplings or plant species with open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed cross-view.

  1. Noise attenuation or privacy fences and walls. For those portions of a parcel that abut a public park (existing or planned), a railroad, or any restricted access roadway (freeway, expressway, parkway, etc.), the maximum fence or wall height permitted shall be eight feet. The approval authority may grant Minor Discretionary Review approval for a higher fence if the applicant has provided substantial evidence (e.g., a noise study) warranting the higher fence to comply with the General Plan noise standard. The review authority may also approve a fence higher than eight feet at the time of approval of a development project.

  2. Razor or barbed wire fences. Razor, barbed or similar type fences or walls shall be prohibited on developed parcels when visible from adjacent properties, public areas, or public rights-of-way. Razor or barbed wire fences not visible from public areas or public rights-of-way shall require approval by the Director. A sign shall be installed on the outside of any fence or area containing razor or barbed wire that clearly communicates the existence of the razor or barbed wire.

  3. Fences between residential properties. Any fence, wall, or hedge behind the front setback between two or more residential properties may be installed to a maximum height of eight feet provided that all property owners that abut the proposed higher fence provide written consent to the Department.

  4. Fences on undeveloped parcels. Any fence up to seven feet in height shall be permitted on undeveloped parcels, except in the OSC zone. Chain link fence shall be permitted when the fencing is vinyl clad within 200 feet of any street. Fences are permitted in the OSC zone up to four feet in height provided they are wire mesh fencing with peeler logs, barbed-wire with tee posts, or a “cattle fence,” as identified in standard specifications provided by the Public Works Department. The Director shall be authorized to allow variations to the fence height and materials in the OSC zone.

  5. Fences in the street side yard. Fences in street side yards shall be limited to 42 inches in height, subject to the requirements in subsection D. 1 above. However, fence heights may be raised to seven feet in street side yards subject to the following restrictions, which shall apply to street side yard fences on corner lots where the rear property line of the corner lot abuts the side property line of an adjacent parcel:

a. When the rear property line of the corner lot is within 15 feet of the driveway of the abutting lot, a seven-foot high fence may be installed in the street side yard of the corner lot not less than 10 feet from the side property line for that portion of the fence within the rear yard setback (see Item A in Figure 25-4: Allowed Fences in the Street Side Yard).

b. When the rear property line of the corner lot is not within 15 feet of the driveway of the abutting lot, a seven foot high fence may be installed in the street side yard of the corner lot not less than 10 feet from the adjacent curb face (see B in Figure 254).

c. When the rear property line of a corner lot abuts the rear property line of another corner lot, a seven-foot high fence may be installed in the street side yard of both lots not less than 10 feet from the adjacent curb face (see Item C in Figure 25-4).

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

  1. Golf-course interface fencing. On property abutting a golf course or driving range, the Director may authorize the installation of protective netting exceeding the height limit for fences identified in this Section. A Minor Discretionary Review application shall be submitted for Department review prior to installation and a public notice provided as required for a custom home (see Section 25.40.4). The Director, when reviewing the location, height, and design of the netting, shall take into account reasonable concerns regarding both safety and aesthetics. (Ord. No. 2008-08 § 2; Ord. No. 2012-04, § 2; Ord. No. 2014-03, § 2; Ord. No. 2018-03, § 9; Ord. No. 2018-06, § 22; Ord. No. 2025-01, § 11.)

25.30.3 Screening

The following screening requirements are intended to establish a visual barrier between different types of land uses and between uses that have the potential to be visually intrusive to adjacent properties and/or public rights-of-way. Screening for outdoor storage shall comply with Section 25.32.8 (Outdoor Seating, Storage, and Merchandise Display).

A. Screening between residential and non-residential uses. Wherever new non-residential development will abut a residential use or vacant land in a residential zoning district, the developer of the new development shall construct a six-foot high solid masonry wall along the property line abutting the residential use where parking or drive-aisle(s) are proposed to be located within 20 feet of the residential property line. Otherwise, a solid wall or heavy timber fence shall be required. It shall be the responsibility of the non-residential property owner to maintain any wall required by this Section.

B. Ground-mounted mechanical equipment. In all non-residential zoning districts, ground-mounted mechanical equipment shall be adequately screened from view through the use of concrete or masonry walls, berming, painting and landscaping, except where the equipment is located in the loading or service area of an industrial or commercial building or otherwise out of public view. Screening shall be compatible with other structures on the site in terms of material, color, shape, and size. Said appurtenances shall be indicated on the approved landscape and irrigation plans prior to issuance of building permits.

C. Roof-mounted mechanical equipment. The installation of any roof-mounted mechanical equipment, such as heating or cooling equipment, and solar collectors shall comply with the following regulations:

  1. Residential mechanical equipment. No heating or cooling equipment, except solar collectors and their necessary supply and return lines shall be mounted on the roof of any residential structure. Should the Director determine that there is no feasible alternative to mounting heating or cooling equipment on the roof, the equipment shall be mounted on the rear roof. Decorative screening that is architecturally compatible with the existing structure and roofline may be required to mitigate offensive views from surrounding properties. This Section shall not prohibit the replacement of existing roof-mounted heating or cooling equipment.

  2. Commercial mechanical equipment. Heating or cooling equipment mounted on the roof of any building occupied for commercial purposes shall be placed below a parapet wall or shall be placed behind decorative screening that is architecturally compatible with the existing structure and roof line.

  3. Solar Energy Systems. Equipment associated with roof-mounted solar energy systems in any zoning district is encouraged to be adequately screened from public view, as provided in Section 25.30.8.

The Director is authorized to grant an exception to the above requirements if the orientation of a particular lot or structure should necessitate. However, measures shall be taken to blend system components into the architecture and roofline of the existing structure. (Ord. No. 2011-03, § 2; Ord. No. 2017-20, § 1.)

25.30.4 Outdoor Lighting

Outdoor lighting of private non-residential property within the City shall comply with the requirements of this Section.

A. Placement.

  1. Lighting shall be shielded or recessed so that direct light, glare, and reflections are confined to the maximum extent feasible within the boundaries of the site. Lighting shall be directed downward and away from adjacent residential properties and public rights-of -way.

  2. No permanently installed light shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director.

  3. All lighting fixtures shall be of appropriate intensity, scale, and height to the use they are serving so as to avoid creating unreasonable impacts on surrounding property or to draw attention to a property in an unreasonable manner, as determined by the Director.

B. Submittal requirements. The Director may require complete photometric plans, in addition to all other information and materials required by the Department, for any permit involving exterior lighting.

25.30.5 Plan Lines and Building Setback Lines

A. Purpose. A plan line may be established where the General Plan identifies or the Council has otherwise determined a need for a new roadway, or for the future widening of an existing roadway. The purpose of a plan line is to:

  1. Identify the future right-of-way width of the new or widened roadway; and

  2. Reserve the area between the plan line and the existing right-of-way for the new or widened roadway.

  • B. Procedure. A plan line shall be adopted as required by the California Streets and Highways Code.

  • C. Applicability - Setback requirements.

  1. Measurement of setbacks. The front and/or street side setbacks (as applicable) required by Division Two shall be measured from any applicable plan line instead of the property line. On North Texas Street, the Plan Line can be used as the building setback.

  2. Building prohibition. Upon approval of the City of a plan line, no building, wall, fence, or other private structure shall be constructed between the existing street right-of-way and the plan line.

  3. Allowed projections. Projections into the setback areas established by this Section shall be permitted in compliance with Section 25.30.6 (Exceptions to Height Limits and Setback Requirements).

D. Plan line requirements. The following are hereby established:

  1. Along North Texas Street, from Taft Street north to Manuel Campos Parkway, the distance from the street centerline shall be 70 feet

  2. Along Dover Avenue, from Air Base Parkway north to the City Limits, the distance from the street centerline shall be 42 feet.

  3. Along East Tabor Avenue, from Sunset Avenue east to the City Limits, the distance from the street centerline shall be 56 feet.

25.30.6 Exceptions to Height Limits and Setback Requirements

All structures shall comply with the height and setback regulations established by Division Two, Zoning Districts, with the exceptions identified by this Section.

A. Exceptions to height requirements. The following structures may exceed the established height limit for the zone in which they are to be located, subject to Director approval.

  1. Chimneys, vents, and other architectural mechanical appurtenances, not including antennas, which are instead subject to the height limits identified in Section 25.33.

  2. Towers, poles, water tanks, and similar structures, provided the structure has been located to the rear of the site or other area to reduce visibility from public view and painted to match the building. All appurtenances (e.g., pipes, valves, railing, access ladders, etc.) associated with the structure shall be minimized and, where possible, visually screened.

  3. Any public or quasi-public structure including but not limited to churches, schools, hospitals, government buildings and uses, or similar institutions provided all yard depths are increased one foot for every one foot over the height limit of the district in which they are to be located, to a maximum height of 75 feet.

  4. Flagpoles, on any building that exceeds 40 feet in height, may be placed atop the building but shall not exceed 10 feet in additional height.

  5. Solar energy systems may extend up to ten feet above the height limit in the zoning district in which they are located. The Director may allow a solar energy system that exceeds this additional height if necessary to avoid a significant increase in cost or decrease in efficiency of the solar energy system.

B. Exceptions from setback requirements. The minimum setback requirements of this Ordinance apply to all development and new land uses, except the following:

  1. In any residential district where 50 percent or more of the properties on any one block in the same zoning district have been improved with buildings prior to adoption of this Ordinance, the required front yard for any residential building in that district shall be a depth equal to the average of the front yards of the improved properties, to a maximum of that specified for the zoning district in which such building site is located;

  2. Where setbacks have been established for individual parcels by a Specific Plan, Development Agreement, approved subdivision map, Conditional Use Permit, or other planned development entitlement;

  3. Driveways, walkways, steps, hot tubs, swimming pools, terraces, and other site design elements that are placed directly upon grade; and

  4. Decks that do not exceed 30 inches in height above the surrounding grade at any point.

  5. With Chief Building Official approval, ramps, walkways, decks, elevators and other structures needed to accommodate the disabled.

  6. ADUs, which are instead subject to the setback requirements identified in Section 25.20.4.11.

C. Allowed projections into setbacks. Attached architectural features and certain detached structures may project beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with the following requirements.

  1. Architectural features. Architectural features attached to the principal structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with the following table. See also Figure 25-5.

  2. Equipment. Swimming pool equipment, air conditioning and heating equipment, etc., may extend up to 30" into side yards, and to within 30" of a rear property line. Stationary and portable emergency generators, as defined in Section 25.1402 of this Code, may project into setbacks provided that they are located a minimum of ten (10) feet away from any property line.

Table 25-15: Allowed Projections Into Setbacks

Feature Allowed
Setback
Projection
Chimney or freplace (1) 2 feet
Columns 2 feet
Cornice, eave, or canopy (2) 4 feet
Cantilevered architectural feature (3) 4 feet
Deck (4) 6 feet
Stairway (5) 6 feet

Notes:

(1) Chimney or fireplace shall not be wider than eight feet and may project no closer than three feet to any property line.

(2) Feature may project no closer than 30 inches to any property line.

(3) Cantilevered architectural features that may project into setbacks include balconies, bay windows, cornices, eaves, and solar devices, and may project no closer than 30 inches to any property line.

(4) Decks less than 30'' above grade are exempt, in compliance with Section 25.30.6(B) (Exemptions from Setback Requirements), above.

(5) A stairway may project into a rear setback only and shall not be roofed or enclosed above or below the steps. Figure 25-5: Examples of Allowed Projections into Side Setbacks

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(Ord. No. 2009-06 § 2; Ord. No. 2017-20, § 2; Ord. No. 2020-05, § 10; Ord. No. 2020-13, § 1.)

25.30.7 Trash and Recyclables Enclosures

This Section is intended to provide regulations consistent with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911) and the City’s adopted Source Reduction and Recycling Element. All development, except single-family attached and detached dwellings, shall provide trash and recyclable enclosures that comply with the requirements of this Section.

A. Regulations by land use. New multifamily and non-residential development shall incorporate enclosures for refuse and recycling materials collection as follows:

  1. Multifamily. The enclosure shall be large enough to accommodate bins holding 30 gallons of trash per household and 30 gallons of recyclables per household.

  2. Non-residential. The applicant shall consult the service provider as to the size and location of any enclosure. The location shall be shown in any plans submitted to the City for approval.

  3. Mixed Used Development. Mixed-use development projects, as defined in Section 25.22.4.3 (Mixed Use Residential Development Regulations), shall provide trash and recycling receptacles in aggregate of the amounts identified by this section and/or as required by the service provider.

B. Location requirements. Exterior refuse enclosure shall not be located in any required front yard, street side yard, landscaped, or open space areas or any area required by the City Code to be maintained as unencumbered (e.g., required parking areas, utility rights-of-way, or easements). In addition, the enclosure(s) shall be conveniently accessible to residents and/or employees.

C. Design and construction. The design and construction of the storage area shall be compatible with the surrounding structures and land uses; employ a style, materials, and colors to be consistent with any buildings on the property; and designed in compliance with the Trash Enclosure Standard Detail provided by the Director. Trash receptacle(s) shall be enclosed by a six (6) foot high masonry wall with metal, solid view obstructing gates pursuant to City standards. Within multi-family residential projects, all trash enclosures shall be provided with a shade structure. The enclosure shall include a reinforced

concrete apron as approved by the Department of Public Works. Trash enclosures shall also comply with all requirements of the Fairfield-Suisun Sewer District and Solano County Environmental Health. (Ord. No. 2011-03, § 2.)

25.30.8 Solar Energy Systems

A. Definitions.

  1. “Solar energy system” shall have the same meaning as provided in the Solar Rights Act, Civil Code § 801.5(a), as the same may be amended from time to time.

  2. “Solar farm” means a collection of solar collectors arrayed on a ground-mounted support structure for the principal purpose of generating electricity for off-site consumption.

  3. “Small residential rooftop solar energy system” shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(3), as the same may be amended from time to time.

B. Approvals Required. The applicant shall submit for and receive approval of a building permit prior to installation of any solar energy system, as well as any other permits or approvals specified below. Consistent with Section 65850.5 of the California Government Code, if the solar energy system could have a specific, adverse impact upon public health or safety, the applicant may be required to apply for a use permit. Such a use permit shall be considered according to the requirements of Section 65850.5. Small rooftop residential solar energy systems may be eligible for expedited review pursuant to section 5.1.1 of this Code.

C. Rooftop and Building-mounted Solar Energy Systems.

  1. Rooftop and building-mounted solar energy systems are a permitted use in all zones.

  2. Rooftop and building-mounted solar energy systems are encouraged to be located and designed to minimize aesthetic impacts without compromising their effectiveness. Solar panels are encouraged to be non-reflective and installed at an angle as close as practicable to the pitch of the building. Any appurtenant equipment is encouraged to be screened from public view, installed in attic space, or painted a color similar to the color of the surface on which it is mounted.

  • D. Ground-Mounted Systems.
  1. In all single family residential zoning districts, ground-mounted support frames or structures for stand-alone solar energy systems may be approved through Zoning Clearance if located in rear or side yards and all standards for accessory structures in Table 25-7 are met.

  2. In all other zoning districts, ground-mounted solar energy systems may be approved through Minor Discretionary Review if all Zoning Code setbacks and standards for accessory structures are met.

  3. Any removal of trees to permit installation shall be governed by the Tree Preservation Ordinance as set forth in Section 25.36.

E. Covered Parking Solar Energy Systems.

  1. Solar energy systems installed over parking lots are subject to Minor Discretionary Review, as provided in subsection D.2 above. The portion of the parking lot covered by the solar panels or solar collectors shall be exempt from the internal landscaping requirements in Section 25.34.10. This applicability of this exemption shall be determined through the Minor Discretionary Review process. All other landscape requirements shall apply.

  2. Any removal of trees to permit installation shall be governed by the Tree Preservation Ordinance as set forth in Section 25.36.

  3. Covered parking solar energy systems shall not result in a net loss of any required parking.

F. Solar Farms. Solar farms for commercial energy production are considered public or quasi-public utilities, and may be permitted in the IBP, IL, and IG zoning districts subject to Conditional Use Permit approval. (Ord. No. 2017-20, § 3.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2511.html

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SECTION 25.32 SPECIFIC USE REGULATIONS

Sections: 25.32.1 Purpose and Applicability 25.32.2 Adult Entertainment Businesses 25.32.3 Antennas and Communications Facilities 25.32.4 Satellite Dishes 25.32.5 Child Day Care Facilities and Private Schools 25.32.6 Interim Land Uses 25.32.7 Small Recycling Collection Facilities 25.32.7B Collection Containers 25.32.8 Temporary Land Uses and Events 25.32.9 Outdoor Seating, Storage, Merchandise Display 25.32.10 Vendor Carts 25.32.11 Wind Energy Conversion Systems 25.32.12 Boarding Houses 25.32.13 Convenience Markets with Alcoholic Beverage Sales 25.32.14 Condominium Conversions 25.32.15 Aquaculture 25.32.16 Personal Care and Domestic Services – Limited 25.32.17 Cannabis Regulations 25.32.18 Assisted Living Facilities

25.32.19 Temporary Shelters

25.32.20 Farm Employee Housing

25.32.21 Low Barrier Navigation Centers

25.32.22 Supportive Housing

25.32.23 Residential Care Facilities, Small

25.32.24 Residential Care Facilities, Large

25.32.25 Transitional Housing

25.32.1 Purpose and Applicability

This Section establishes regulations for certain land uses that may affect adjacent properties, the neighborhood, or community, even if the site planning and development standards of the applicable zoning district are satisfied. The regulations contained in this Section are intended to mitigate potential problems and hazards, and to ensure consistency with the General Plan.

25.32.2 Adult Entertainment Businesses

The purpose of this section is to prevent community-wide adverse secondary effects that can be generated by the unregulated operation of adult entertainment businesses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses.

A. Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

  1. "Adult entertainment business” shall mean any of the following:

a. Adult arcade. An “adult arcade” is an establishment where, for any form of consideration, as a regular and substantial course of conduct one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized

by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

b. Adult cabaret. An “adult cabaret” is an establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

c. Adult motion picture theater. An “adult motion picture theater” is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

d. Adult retail store. An “adult retail store” is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

e. Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

  1. "Adult entertainment material” shall mean any audio tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

  2. "Adult entertainment merchandise” shall mean adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

  3. "Characterized by an emphasis upon” shall mean the dominant or essential theme of the object described by such phrase.

  4. "Director” shall mean the Director of Community Development of the City of Fairfield or the designee thereof.

  5. "Hearing officer” shall mean the City Manager of the City of Fairfield, or the designee thereof.

  6. "Owner” shall mean the following: (i) the sole proprietor of an adult entertainment business; (ii) any general partner of a partnership that owns and operates an adult entertainment business; (iii) the owner of a controlling interest in a corporation that owns and operates an adult entertainment business; and (iv) the person designated by the officers of a corporation to be the zone clearance holder for an adult entertainment business owned and operated by the corporation.

  7. "Park” shall mean a park, playground, swimming pool, recreational facility or athletic field within the City that is under the control, operation or management of the City or any other public entity.

  8. "Regular and substantial course of conduct” shall mean that any of the following conditions exist:

a. At least thirty percent (30%) of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

b. At least thirty percent (30%) of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

c. The business presents any type of entertainment, live or otherwise, characterized by an emphasis upon specified sexual activities or featuring any nude or semi-nude person on any four (4) or more separate days within any thirty (30) day period.

d. At least thirty percent (30%) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

  1. "School” shall mean any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

  2. "Semi-nude” shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

  3. "Specified anatomical areas” shall mean the following:

a. Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

c. Any device, costume or covering that simulates any of the body parts included in A or B above.

  1. "Specified sexual activities” shall mean the following, whether performed directly or indirectly through clothing or other covering:

a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

  • c. Masturbation, actual or simulated;

d. Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (a.) through (c.) of this subparagraph.

B. Zone clearance application. It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the Director a zone clearance for such business.

  1. Applications for a zone clearance shall be submitted on a form provided by the Director and shall be accompanied by a nonrefundable application fee in an amount established by Resolution of the City Council.

  2. If the Director determines that the applicant has completed the application improperly, the Director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the Director shall grant the applicant an extension of time of ten (10) days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

Director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the Director shall grant the applicant an extension of time of ten (10) days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

C. Approval or denial of zone clearance. The Director shall, within thirty (30) city business days of the filing of a complete application, approve and issue a zone clearance if the provisions of Section 25.32.2 (D) (Location Criteria), have been satisfied; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the Hearing Officer in accordance with Sec. 25.32.2 (E) (Appeals).

  • D. Location criteria.
  1. Permissible districts. Provided the requirements of subparagraph (2) below are satisfied, an adult entertainment business may be located in the CS, CT, or IL district.

  2. Separation requirements. An adult entertainment business may be located in the districts specified in subparagraph (1) above, provided that the business satisfies all of the following requirements:

a. The adult entertainment business is not within one thousand (1,000) feet of any other adult entertainment business located within or outside of the City.

b. The adult entertainment business is not within seven hundred and fifty (750) feet of any RVL, RL, RLM, RM, RH, RVH, or CM district or any residential area of a planned development zone district.

c. The adult entertainment business is not within seven hundred and fifty (750) feet of any school, library, park, playground, freeway, or church.

d. The adult entertainment business is not located within the following areas:

1.) The area located south of Interstate 80 and west of Interstate 680.

2.) The area bounded on the south by Air Base Parkway, on the east by Clay Bank Road, on the west by Dover Avenue, and on the north by Cement Hill Road.

3.) The area bounded on the south by Cordelia Road, on the east by Beck Avenue, on the north by State Highway 12, and on the west by Hale Ranch Road.

4.) The area bounded on the south by the Southern Pacific Railroad right-of-way, on the east by Ledgewood Creek, on the north by State Highway 12, and on the west by Beck Avenue.

  1. The distances set forth in subparagraph (2) above shall be measured as a straight line, without regard to intervening structures, from the property line of the property containing the adult entertainment business to the property line of the property

so used at the time of submission of the permit application; provided, however that the distances between adult entertainment businesses as set forth in (a) of subparagraph (2) above shall be measured from the outside wall of the tenant space of each adult entertainment business.

  1. No adult entertainment business may be located within the City except as provided in this paragraph.

  2. Nontransferable. No person shall operate an adult entertainment business under the authority of a zone clearance at any place other than the address of the adult entertainment business stated in the application for the zone clearance.

  3. Number of businesses. No building, structure or other facility shall contain more than one (1) type of adult entertainment business; as such types of adult entertainment businesses are defined in this section.

  4. Regulations nonexclusive. The provisions of this section regulating adult entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Fairfield City Code, including Chapter 10D, or any other applicable law.

E. Appeals. Any decision of the director may be appealed in accordance with Section 10D.27-10D.33 of the City Code.

25.32.3 Antennas and Communications Facilities

25.32.4 Satellite Dishes

A. Purpose and applicability. This Section establishes regulations for the installation of satellite dishes that measure one meter or more in diameter. Dishes less than one meter in diameter shall be exempt from these regulations. Implementation of these regulations should result in a satellite dish location that is the least visible from public rights of way while not burdening adjacent property owners with negative visual impacts.

Antennas associated with wireless communications are not regulated by this section but are instead subject to the regulations contained in Section 25.33 (Wireless Telecommunications Facilities).

B. Regulations applying to all satellite dishes. The following regulations shall apply to all satellite dishes that measure one meter or more in diameter:

  1. Approval. Minor discretionary review approval shall be required prior to installation. No more than one dish shall be approved in any multi family development (apartments, condos, etc.) or at any commercial establishment, including businesses selling satellite dish systems. The Director may allow more than one antenna if the applicant can demonstrate that the additional antenna(s) will meet the provisions and intent of this Section.

  2. Location. The follow location requirements shall be met:

a. Installation shall be prohibited between any street and principal building on the site, except where a rear yard lot backs up to a public right-of-way. In this case, a 15-foot setback shall be maintained between the public right-of-way and the dish.

b. Installation shall be prohibited on the roof of any structure on the parcel, except when the dish shall be fully screened by a roof parapet from any adjacent property or street.

  1. Design. The following design measures shall be incorporated into placement of any dish:
  • a. Dishes or mounting structures installed with the use of guy wires shall be prohibited.

b. Highly reflective surfaces or colors shall not be used on any dish or mounting structure.

c. Landscaping or solid screening shall be installed around the base of any ground mounted dish to screen any structural elements. This screening shall not be required if the dish is not visible from adjacent public streets, public areas of the development, and/or adjacent properties.

d. All wires and/or cables necessary for the operation of the dish or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building. Wires or cables may be placed in conduit painted to match the building wall to which they are attached.

C. Regulations applying to satellite dishes in residential zoning districts. In addition to the regulations identified in subsection (A) above, the following regulations shall apply to dishes installed in any residential zoning district or residential area of a planned development zoning district:

  1. A setback equal to the height of the dish and mounting structure shall be maintained between any property line and any part of the dish or structure, except that no setback shall be required if the dish does not exceed 72 inches in height.

  2. Maximum height of the dish and mounting structure shall be 15 feet.

25.32.5 Child Day Care Facilities and Private Schools

This Section establishes regulations for City review of child day care facilities, in compliance with State law, private schools, preschools, nursery schools, and day care centers. These regulations do not apply to small or large family day care homes, which are instead regulated by the California Department of Social Services through its licensing procedures.

A. Operating standards. All facilities shall be subject to the following regulations:

  1. Outdoor activities. Play and outdoor activities shall be limited to between the hours of 9:00 a.m. and 6 p.m., and be conducted within an area enclosed by a six-foot solid or chain link fence. Where the play area abuts any residential property, a minimum six feet high heavy wood fence or masonry wall shall be installed between the play area and the residential property.

  2. Noise. Ambient noise levels at the boundary of any proposed outdoor play area shall not exceed the maximum allowable noise exposure levels identified by the Fairfield Noise Ordinance (Chapter 25, Article X, Table 25-1401) for playgrounds. The Director may require the applicant to demonstrate compliance with this standard.

  3. Size requirement for play areas. Outdoor play areas shall be at a minimum ratio of 75 square feet provided per child. Indoor play area shall be provided at a minimum ratio of 35 square feet per child. Only outdoor areas or interior rooms that have a minimum dimension of 10 feet in either depth or width shall be counted toward meeting this requirement.

B. Other permits. The applicant shall obtain all other necessary permits and approvals from the State and/or County prior to commencing operation of the facility.

25.32.6 Interim Land Uses

The purpose of this Section is to allow certain uses that would otherwise not be allowed in Redevelopment Areas and Specific Plan Areas for a limited duration until sites can be consolidated for redevelopment. Such uses may be established in compliance with this Section in any commercial or industrial zoning district in a Redevelopment Area or Specific Plan Area.

A. Permitted uses. The following interim land uses may be authorized through Conditional Use Permit approval by the Planning Commission, in any commercial or industrial zoning district.

  1. Retail or wholesale nursery.

  2. Vehicle storage.

  3. Automobile parking lot.

  4. Other uses similar to the above, or uses with similar impacts as determined by the Planning Commission to be consistent with the purpose of this Section.

B. Limits on improvements. Improvements required to implement any of the above land uses shall not render the use permanent or immobile. The Planning Commission shall have the ability to limit improvements to ensure that the use will remain temporary.

C. Findings for approval. The Planning Commission shall make each of the following findings when granting a Conditional Use Permit for an interim use:

  1. Prevailing economic conditions or redevelopment program priorities do not support immediate efforts to establish allowed uses in the base zoning district within the designated Redevelopment Area or Specific Plan Area.

  2. The proposed interim land use will not impede the development of allowed land uses on abutting or nearby properties and the future development of the subject property.

  3. The land use requires little or no improvements to the subject property, so as not to discourage future redevelopment.

D. Time Limit. All interim land use permits may be approved for an initial period of up to three years. Two one-year time extensions may be granted upon written request to the Director prior to the expiration date. In no case shall the duration of any interim land use exceed five years.

E. Conditional Use Permit Agreement (CUPA). The property owner shall enter into a Conditional Use Permit Agreement with the City that specifies the duration of the permit after which the interim use shall terminate. The agreement shall also include provisions to ensure that the site is adequately maintained at all times; and a guarantee and/or a procedure to guarantee the termination of the use and removal of all associated temporary facilities upon expiration of the Conditional Use Permit. (Ord. No. 2013-07, § 2.)

25.32.7 Small Recycling Collection Facilities

This Section establishes regulations and procedures for the siting and operation of various types and sizes of commercial recycling facilities, including donation drop-off facilities. Recycling activities conducted for 72 hours or less are subject to the Section 25.32.8 (Temporary Land Uses and Events).

This section does regulate Material Resource Recovery Facilities (MRRF), which are instead addressed by Section 25.24.4.2.

This section does not regulate Collection Containers, which are regulated by Section 25.32.7B.

  • A. Development Standards.
  1. Location requirements. All small recycling collection facilities shall:
  • a. Comply with the landscaping and building setback requirements of the applicable zoning district;

  • b. Not be located in any required access or traffic visibility safety area; and

c. Not be located within 150 feet of any parcel zoned or identified on the General Plan for residential use.

  1. Maximum size. No small recycling collection facility shall occupy more than 700 square feet or more than four parking spaces (not including space that will be periodically needed for removal of materials or exchange of containers).

  2. Maintenance. Collection trailers and containers, site fencing, and signs shall be of a color and design determined by the Director to be compatible with surrounding uses. The site shall be free of debris and loose materials at the end of each business day.

  3. Screening. The facility shall be partially screened from view from any adjacent public rights-of-way or public area, on- or off-site, through the use of low walls and fencing, trellis structures, permanent landscaping, or other approved material.

  4. Parking. The use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the principal use unless a parking study acceptable to the Director shows that existing capacity is not fully utilized during the time the recycling facility will be on the site.

  • B. Operating standards. All facilities shall meet the following operating standards:
  1. The facility shall accept only glass, metal or plastic containers, paper, and other recyclable items;

  2. No processing of recyclable material shall be allowed and no power-driven equipment shall be used to receive recyclables;

  3. When the site is not attended, the facility may provide temporary deposit containers for collecting recyclables provided they are constructed with durable waterproof and rustproof material. The containers shall be covered, secured from unauthorized material removal, and shall be of a capacity sufficient to accommodate materials collected;

  4. All recyclable material shall be stored in containers or in the mobile unit vehicle or trailer. No materials shall be stored outside when an attendant is not present;

  5. Any site used for a collection facility shall be cleaned at the end of each collection day;

  6. The facility shall operate only between the hours of 9:00 A.M. and 7:00 P.M. (Ord. No. 2017-06, § 2.)

25.32.7B Collection Containers

A. Annual Permit Required for all Collection Containers. No later than December 1, 2017, no person shall place, operate, maintain or allow a Collection Container on any real property in the City of Fairfield without first obtaining an annually renewable permit from the City, except as provided for in Section B below.

B. Exemptions. Containers that satisfy the following standards are exempt from the permit requirements of this section:

a. Containers that are located within an entirely enclosed and lawfully constructed and permitted building, provided that such containers satisfy the operational requirements set forth in subsection J.

b. Refuse or recycling containers that comply with the provisions of Section 9.510 and/or Section 9.570 of the Fairfield Municipal Code.

C. Ministerial Action. An application for a collection container shall be processed as ministerial action (Zoning Clearance) in accordance with this section and this Zoning Ordinance. The Community Development Director or his designated staff person shall be the decision maker.

D. Application Requirements. An application for Zoning Clearance shall be submitted in a letter form and shall include the following information:

  1. The signatures of the property owner and the operator of the Collection Container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

  2. A non-refundable application fee (Zoning Clearance) in an amount set by resolution of the City Council;

  3. The name, address, email, website (if available) and telephone number of the operator of the Collection Container and property owner on which the Collection Container is to be located, including 24-hour contact information;

  4. A vicinity map showing 1) the proposed location of the Collection Containers; and 2) the distance between the site and all existing Collection Containers within 1,000 feet of the proposed location for the collection containers;

  5. Photographs of the location and adjacent properties;

  6. A site plan containing:

a. Location and dimensions of all parcel boundaries;

  • b. Location of all buildings;

  • c. Proposed Collection Container location;

  • d. Distance between the Collection Container and all parcel boundaries and buildings; and

e. Location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking.

  1. Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this section to be placed on the Collection Container and notice sign;

  2. A description and/or diagram of the proposed locking mechanism of the Collection Container;

  3. A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the Collection Container); and

  4. Any other information regarding time, place, and manner of the Collection Container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this section.

E. Permit (Zoning Clearance) Expiration and Renewal. A permit (Zoning Clearance) issued under this section shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application in letter form for renewal must be submitted prior to the expiration of the permit and shall include:

  1. The signatures of the property owner and the operator of the Collection Container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

  2. A non-refundable application fee (Zoning Clearance) in an amount set by resolution of the City Council;

  3. Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;

  4. A detailed description of any information that is different from the information submitted on the previous application; and

  5. Any other information regarding time, place, and manner of the Collection Container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this section.

  • F. Decision on Application.
  1. The Community Development Director shall approve or deny an application within 10 (ten) working days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required period, the application shall be deemed approved.

  2. The Community Development Director shall approve the application if all of the following are true, otherwise the Director may deny the application:

a. The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;

b. The property on which the Collection Container is to be located has been free of graffiti (as defined in Section 53069 (e) of California Government Code or any successor statute) for at least six (6) months prior to the submission of the application;

c. The property on which the Collection Container is to be located has been free of any condition constituting a public nuisance (as defined in Section 27.401 of this Code) for at least six (6) months prior to submission of the application;

d. The application will be in compliance with all of the applicable provisions of this section.

  1. The Community Development Director shall mail written notice to the applicant and the property owner of the Director’s decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, the notice shall set forth the reasons for the denial, as well as the facts supporting the Director’s reasons.

  2. The decision of the Community Development Director shall be final, and not subject to administrative appeal.

  • G. Revocation.
  1. The Community Development Director may revoke a permit (Zoning Clearance) issued under this section. The following shall constitute grounds for revocation of a permit:

a. Any of the grounds upon which the Director may refuse to issue an initial permit or renewal permit.

b. The failure of the permittee to comply with the provisions of this section, or other provision of this Code or other law.

c. A determination by any governmental authority or agency that the Collection Container has violated the California Consumer Protection Act or the Charitable Organizations and Solicitations Act.

  1. The Community Development Director shall provide a written notification to the permittee and the property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten (10) calendar days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Director. Any permitee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

  2. Upon permit revocation, the permittee shall remove or cause to be removed the Collection Container from the real property within ten (10) calendar days. If not removed within the time period, the City may remove, store, or dispose of the Collection Container at the expense of the operator and real property owner. The operator and real property owner shall be jointly and severally liable for all costs associated with removal incurred by the City or the City’s contractor. The City may pursue costs pursuant to Section 27.703 of this Code.

  3. Any person aggrieved by the decision rendered by the Director in revoking a permit issued under this section may appeal the decision to the Planning Commission. The appeal shall be made by filing a written notice thereof with the Community Development Department setting forth the grounds for the appeal not later than ten (10) calendar days after receiving notice of the Director’s decision. The Planning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the Director’s decision.

  • H. Location of Containers.
  1. No Collection Container shall be located within 1,000 feet of any other Collection Container.

  2. Collection Containers shall be located only in the CS and IL Zoning Districts.

  3. No Collection Container shall be located within three-hundred (300) feet of a residentially zoned parcel.

  4. No Collection Container shall be located on or within: a) the public right-of-way (including sidewalks); b) area designated for landscaping;

  5. No Collection Container shall be located in, block, or impede access to any required parking or driveway areas, pedestrian routes, emergency vehicle routes, building ingress and egress, required disabled access routes, required easements, trash enclosure areas access to trash bins or trash enclosures, or any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

lection Container shall be located in, block, or impede access to any required parking or driveway areas, pedestrian routes, emergency vehicle routes, building ingress and egress, required disabled access routes, required easements, trash enclosure areas access to trash bins or trash enclosures, or any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

  1. No more than one Collection Container shall be located on any parcel.
  • I. Physical Attributes.
  1. All Collection Containers shall:
  • a. Be fabricated of durable and waterproof materials;

  • b. Be placed on ground that is paved with durable concrete or asphalt;

  • c. Have a tamper-resistant locking mechanism for all collection openings;

  • d. Not be electrically or hydraulically powered or otherwise mechanized;

  • e. Not be considered a fixture of the site or an improvement to real property.

  1. A Collection Container shall be no taller than seven feet above the finished grade of the parcel on which it is located.

  2. The following information shall be conspicuously displayed in at least two-inch type that is visible from the front of the Collection Container:

a. The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the Collection Container and the agent for the property owner;

b. The type of material that may be deposited; and

c. A notice stating that no material shall be left outside the Collection Container.

  • J. Maintenance and Operation.
  1. No overflow of collection items shall be allowed to accumulate within sight of any Collection Container.

  2. Collection Containers shall be maintained and in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

  3. Collection Containers shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in section 27.401 of this Code.

  4. The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.

  5. Any conditions that are in violation of this section must be remedied or abated within forty-eight (48) hours of being reported to the operator or property owner.

  6. Collection Containers cannot be used for the collection of solid waste and/or any hazardous materials.

  7. Collection Container operators shall report all tonnage collected within city limits on an annual basis by June 1st to the Public Works Department pursuant to the requirements of the Integrated Waste Management Act (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 and SB 1016) and any related successor laws or regulations in order to properly account for the City’s waste diversion and recycling efforts.

its on an annual basis by June 1st to the Public Works Department pursuant to the requirements of the Integrated Waste Management Act (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 and SB 1016) and any related successor laws or regulations in order to properly account for the City’s waste diversion and recycling efforts.

  1. The operator shall maintain a valid City of Fairfield Business License as required under Chapter 10B of the Fairfield Municipal Code. (Ord. No. 2017-06, § 3.)

25.32.8 Temporary Land Uses and Events

This Section identifies permit requirements and time limits for temporary uses. Uses either not identified by this section or proposed for longer time periods than allowed by this section shall be considered permanent land uses. This Section does not regulate parades, athletic events, and other special events, which are instead addressed by Chapter 12A of the City Code.

A. General requirements. Temporary uses shall demonstrate compliance with the following regulations prior to approval:

  1. Parking. No temporary land use or event shall displace required parking. Off-street parking shall be maintained at the number of spaces required for all on-site uses. The Department shall have the authority to limit the area occupied by any temporary use to ensure that this requirement is satisfied.

  2. Access. Traffic control measures shall be determined by the approval authority as part of the approval and shall be adequate to maintain adequate on-site circulation.

  3. Traffic safety visibility area. To ensure that the lot display area is located to maintain safe pedestrian and vehicle sight clearance at all intersections, no trailer, temporary building, stand, or other similar structure (including a tent) shall be located outside the triangle formed by the curb line intersection and any point 100 feet from such an intersection.

  4. Tracking of mud, dirt, and other materials. Dirt, mud, or other materials tracked onto any adjoining public right-of-way by vehicles exiting temporary uses shall be cleaned at the end of each business day.

  5. Signs. No more than two banners totaling 32 square feet each shall be permitted in association with any temporary land use or event. Banners shall only be visible on the dates during which the City has permitted the event to occur and shall be placed on-site within 50 feet of the goods being sold as part of the temporary event. No banner shall be placed within the public right-of-way.

B. Permit requirements. An application for Minor Discretionary Review shall be submitted to the Department prior to the establishment of any temporary use, unless a Conditional Use Permit is specifically required below. All applications shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

C. Temporary events. The following temporary events shall comply with their respective requirements:

  1. Repealed by Ord. 2013-25, § 5.

  2. Christmas tree and pumpkin lots. Christmas tree and pumpkin lots shall be permitted on any property in a commercial zoning district for a maximum of 30 consecutive days per calendar year. The applicant shall provide the City with a refundable deposit or other form of surety acceptable to the Director to ensure that lots are left free of trash or debris.

  3. Promotional outdoor retail sales. Promotional outdoor sales may be permitted on developed properties in compliance with the following requirements:

a. Duration and frequency. Outdoor retail sales shall be limited to the following durations:

1). Any establishment in a non-residential zoning district holding a City Business License, or any business association, shall be eligible to sell merchandise outdoors, subject to the following regulations:

a. The sale need not occur on the same property as the business, but shall occur only in a non-residential zoning district and only with the permission of property owner.

b. The maximum number of sale days on any single property for new merchandise shall not exceed 16 days per calendar year (these days need not be consecutive). Sale days held by off-site businesses shall count toward the maximum 16 sale days allotted to the property on which the sale is being held. For the purpose of this section, a temporary sale of “new merchandise” shall mean any sale where more than 50 percent of the value of the offered items has not been previously owned.

c. The maximum number of sale days on any single property for used merchandise shall not exceed eight days per calendar year (these days need not be consecutive). Sale days held by off-site businesses shall count toward the maximum eight sale days allotted to the property on which the sale is being held. For the purpose of this section, a temporary sale of “used merchandise” shall mean any sale where more than 50 percent of the value of offered items has been previously owned.

2). In addition to the event duration and frequency allowed in this section, merchants in the HD or HDC zone districts may conduct on-site outdoor sales of general merchandise during downtown special events as defined in Chapter 12A.3 of the City Code.

b. Exceptions. The Director may, under circumstances such as accidents or disasters, authorize an additional event where it may be necessary to clear merchandise from a damaged building. Nothing in this subsection shall be construed to require the City to grant permission for such a sale.

  1. Promotional outdoor events for nonprofit organizations. In addition to the promotional outdoor sales described in the previous section, promotional outdoor sales events for non-profit organizations may occur on developed commercially zoned properties up to 28 days per year. A representative from the non-profit organization shall be the applicant. No less than five percent of the gross sales receipts generated by any outdoor sales event shall be donated to the non-profit organization identified on the application. The Director is hereby authorized to require verification, in any manner he or she deems acceptable, that such a donation has occurred.

  2. Deposit required. Each applicant for a promotional outdoor retail sales event shall post a $2,000 cashiers check with the City to offset any costs incurred by the City in removing illegal signs or otherwise conducting code enforcement associated with

the sales event. The City shall return any unused portion of the amount specified above upon the sale termination.

  1. Authority to deny application. The Director of Community Development is hereby authorized to deny the application for any temporary sales event by persons or organizations to whom the City has previously issued a citation for violation of any part of this section.

D. Temporary Use of Trailers or Other Structures. This Section provides regulations for the short-term non-residential use of trailers or other structures, said use typically associated with the displacement of businesses during renovation, equipment installation, or relocation. The purpose of these regulations is to accommodate short-term occupancies for defined time periods where a clear and legitimate need has been demonstrated and adverse visual and operational impacts will not result. On-site construction trailers are not subject to this Section but shall instead comply with Section 5.2 (m) of the City Code.

  1. Duration and permit requirements. Occupancy of a temporary trailer or other structure may occur for up to two years. A Conditional Use Permit shall be required for any temporary occupancy proposed to be in place longer than 180 days. The Conditional Use Permit shall specify the approved duration for each occupancy. No time extension beyond the two-year maximum shall be allowed. The temporary occupancy of the structure must cease, or the trailer must be removed at the end of the time period established in the Conditional Use Permit.

  2. Design requirements. No temporary trailer may be placed on a foundation or used for residential occupancy. All temporary trailers shall comply with the following minimum design requirements:

a. Trailers proposed for 180 days or less. Trailers proposed to be in place 180 days or less shall meet the following minimum requirements:

  1. The trailer shall be located out of public view to the maximum extent possible.

  2. Where the trailer is visible from public streets, adjacent buildings, and adjacent land uses, it shall be screened with perimeter landscaping.

  3. The trailer shall incorporate skirting along all its visible sides. The Director may require that the trailer be painted to match other buildings on the same property if he or she determines that painting is necessary to avoid adverse visual impacts.

b. Trailers proposed for more than 180 days. Trailers proposed for more than 180 days shall comply with the following requirements in addition to the requirements identified in (a) above:

  1. A trailer design visible from public view shall incorporate a raised parapet, mansard, or pitched roof.

  2. The trailer shall include an entry feature such as a porch or trellis.

  3. The trailer shall be sided with decorative horizontal siding material such as ship-lapped wood or vinyl.

  4. All mechanical equipment shall be screened.

  5. Surety requirement. The applicant shall provide the City with a cash deposit equal to 125 percent of the cost of removing the trailer. In the event the City undertakes removal of the trailer, the applicant shall pay all removal expenses incurred by the City, including, but not limited to, removal, transportation, storage, and staff time

E. Temporary surface mining. Mining, excavation, and/or the removal of minerals or other natural materials (e.g., building and construction materials) to be used for commercial purposes may be allowed for a limited period in all non-residential zoning districts subject to Conditional Use Permit approval. In residential zoning districts surface mining may be allowed on any property that is at least five acres subject to Conditional Use Permit approval. (Ord. No. 2013-25, § 5; Ord. No. 2018-06, § 5.)

25.32.9 Outdoor Seating, Storage, and Merchandise Display

This Section establishes regulations for outdoor seating, storage, and merchandise display. The intent of this Section is to limit these uses to situations where there is no feasible alternative.

  • A. Applicability. This Section shall not apply to the following:
  1. Outdoor temporary uses, which are instead addressed by Section 25.32.8 (Temporary Uses and Events).

  2. Sales or displays of merchandise by a group of merchants with a special event permit issued pursuant to Chapter 12A.12 of the City Code.

B. Permit requirements. An application for Minor Discretionary Review shall be submitted to the Department prior to the establishment of any outdoor seating, storage, or merchandise display, unless a Conditional Use Permit is specifically required below or by any other part of this Ordinance. All applications shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

C. Outdoor merchandise display. Unscreened outdoor merchandise display shall comply with the regulations of this Section. This Section shall also not apply to storage and display within an area screened pursuant to Section 25.32.9(E) below, nor shall this Section apply to the outdoor display of automobiles, trucks, machinery, or recreational vehicles lawfully displayed as part of an automobile, truck, machinery, or recreational vehicle dealership.

  1. Products allowed. No item shall be displayed except those lawfully displayed and sold inside the building on the property.

  2. Location. Merchandise displays shall observe the following regulations:

a. No display shall occur on any public sidewalk or public right-of-way.

b. All items displayed shall be located within 50 feet of the entrance(s) to the business associated with the display.

c. No display shall occur in any landscape area, occupy any parking space, or interfere within on-site vehicle or pedestrian circulation. A four-foot wide pedestrian walkway shall be maintained at all time to comply with the standards established by the Americans with Disabilities Act.

  1. Area and height limit. The aggregate display area shall not exceed 25 percent of the linear frontage of the store front or 10 linear feet, whichever is greater. No outdoor display shall exceed six feet in height.

  2. Display hours. Items shall be displayed only during the hours that the establishment conducting the display is open to the public. Live plant material shall be exempt from this requirement.

  3. Vehicle Dealerships. Businesses may sell automobiles, trucks, campers, trailers, boats, and other similar large vehicles when on asphalt or Portland cement pavement, or other comparable surface that provides a durable dustless surface. All vehicle dealerships shall provide a minimum ten-foot-deep landscaped strip between the parking area, any driveways or display area, and the sidewalk.

  4. Outdoor sale and display of vehicles not associated with an approved car dealer. No vehicle shall be displayed for sale for longer than eight hours or sold on any commercially zoned property by any party except as part of an approved automobile dealership or a temporary promotional retail sale as outlined in this Section 25.32.8.

D. Outdoor seating. Outdoor seating shall be permitted in conjunction with any restaurant or bar subject to the following regulations:

  1. Parking. When the number of outdoor seats is 25 percent or more of the indoor seats, additional parking spaces shall be required in compliance with Section 25.34 (Parking and Loading). This requirement shall not apply in any Parking Overlay district.

  2. Seating area maintenance. The seating area shall be cleaned at the conclusion of each business day.

  3. Seating in the HD, HDC, HO, HTD, or HWT zoning district. Seating in the HD, HDC, HO, HTD, and HWT zoning districts shall comply with the following regulations:

a. Location. Seating shall be located on a sidewalk directly in front of the restaurant or store or within an alcove or designated pergola area, and shall not intrude across neighboring storefronts, unless written authorization from adjacent merchants is provided to the Department.

b. Pedestrian clearance. A minimum four-foot clearance for pedestrian circulation shall be maintained between either the seating area and any building wall, or the seating area and any curb.

c. Encroachment permit. An encroachment permit shall be required prior to the establishment of any outdoor seating within a public right-of-way.

E. Outdoor storage. Any outdoor storage shall be subject to review and approval by the Community Development Department. Outdoor storage areas shall meet the applicable required landscape setback identified by this Ordinance and shall be screened as follows:

  1. General requirement by zoning district.

a. Industrial. In any industrial zoning district, all outdoor storage areas shall be screened from any public right-of-way or adjacent residential land use by a solid wall at least six feet in height. A chain-link fence with slats is permitted where required screening is more than 250 feet from any public right-of-way or adjacent residential land use.

b. All other non-residential zones. In any other zone where allowed, all storage areas shall be screened from public view on all sides, including all public rights-of-way and any adjacent properties by a decorative masonry or concrete wall or approved equal of at least six feet in height. All gates shall be of solid view-obstructing metal or other durable and sturdy materials acceptable to the Department.

c. Storage of construction materials. Building materials storage for use in construction on the same premises may be stored on the site only during the time that a valid building permit is in effect for construction.

  1. Screening wall location requirements. Any screening wall required by this Section shall be placed in compliance with the regulations in Section 25.30.2 (Fences, Walls, and Hedges).

  2. Design. Any screen wall required by this Section shall be architecturally compatible with buildings on the site. If the wall faces a public street, a high quality design that incorporates design features from buildings on the site shall be required. (Ord. No. 2011-03, § 2; Ord. No. 2018-06, § 6.)

25.32.10 Vendor Carts

This Section establishes regulations for non-motorized vendor carts, which are small, light-weight, and often mounted on a single axle (two-wheeled) chassis. These regulations shall not apply to motorized vehicles where the operator serves patrons from within the vehicle, which are instead subject to the requirements of Chapter 5B of the City Code. Vendor carts are permitted on developed private property in all commercial and industrial districts with the written consent of the property owner, subject to the following requirements:

A. Size. No cart shall exceed 48 inches in width (excluding wheels or wheel wells), six feet in length (excluding push handles or trailer tongue), and seven feet in height. The Director is authorized to grant minor deviations from these size requirements if the deviation is consistent with overall intent of this section.

B. Location. Vendor carts shall be placed only on properties with a legally operating permanent retail business and shall comply with the following location criteria:

a. The cart shall be located near the principal entrance of the building or business, and shall not be located within any required front or street side yard setback.

b. The cart shall not block or displace any required parking for permanent on-site businesses; and

c. The cart shall not interfere with vehicular and pedestrian movement or visibility, block required sight distances, or damage landscaped areas.

C. Storage. The vendor shall remove the cart from the site, or store the cart indoors and out of public view at the end of each business day.

D. Trash receptacles. The vendor shall provide receptacles for litter associated with the sales activity. The vendor shall leave the site in a clean state at the end of each business day.

E. Additional permits. The vendor shall obtain all necessary permits, licenses, and inspections prior to conducting any business as may be required by the City, County, or State.

25.32.11 Wind Energy Conversion Systems

All Wind Energy Conversion Systems (WECS) shall be subject to the following requirements:

A. Setbacks. All WECS shall comply with the following setbacks:

Table 25-16: Setbacks for Wind Energy Conversion Systems

All fgures are minimum Rotation Axis Rotation Axis
Horizontal Vertical
Setbacks
... downwind property lines 5x rotor
diameter
1.25x tower
height
... all other property lines 2.5 rotor
diameter
1.25x tower
height
... from above-ground utilities 1.5 x rotor
diameter
1.25x tower
height
... from other structures 10 feet
Rotor to ground clearance 15 feet

NOTE: For purposes of measuring the setback requirements established in Table 25-16, 1/2 of the width of any abutting creeks, irrigation channels, permanent drainage canals or street rights-of-way which are in a public ownership may be counted towards meeting the required setbacks.

B. Ladders. The base of tower ladder(s) or other climbing apparatus shall be a minimum of 12 feet above the ground.

C. Guy Wires. As a part of the installation, all WECS that use guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.

D. Noise. Any application for installation of a WECS shall be accompanied by data from the manufacturer or a competent acoustical consultant that documents the noise levels associated with its operation. No WECS shall be approved unless the noise levels comply with the appropriate policies of the Health and Safety Element of the General Plan.

E. Operation. A WECS shall be maintained in operational condition at all times. Should a WECS become inoperable, or should any part of the WECS be damaged, the owner or operator shall remedy the situation within 90 days. If the City determines that

the WECS owner or operator has not taken the action required above, the City may require the repair or removal of the WECS.

25.32.12 Boarding Houses

Small Boarding Houses shall obtain Zoning Clearance from the Community Development Department prior to establishment of a boarding house use.

Large Boarding Houses shall obtain a Zoning Clearance or a Conditional Use Permit, depending on the Zoning District, prior to initial establishment of the Large Boarding House use.

All boarding houses shall be subject to the following requirements:

  1. There shall be no exterior signage indicating the use.

  2. All boarding houses shall meet applicable housing, fire, and building codes.

  3. Boarding houses shall be separated by a minimum 300-foot distance from each other. No boarding house shall be located in the same block as another boarding house.

  4. Boarding houses shall provide one parking space for each household, lease, or payment arrangement. For boarding houses whose residents do not possess drivers˜ licenses or registered vehicles, the Community Development Director or his designee may waive or reduce this requirement. However, a change in tenancy may require parking spaces be provided for households with additional licenses or registered vehicles. Parking spaces shall meet the following requirements:

  • a. At least two covered parking spaces shall be provided within a garage or accessory structure on the property.

  • b. Driveways shall not exceed 60% of the width of the property frontage.

  • c. Tandem parking may meet the parking requirements of this section.

d. On street parking fronting only on the residential property may be used to meet the requirements of this section. (Ord. No. 2020-20, § 3.)

25.32.13 Convenience Markets with Alcoholic Beverage Sales

A. General Requirements. Convenience markets with off-site alcoholic beverage sales shall meet the following requirements:

  1. Product types and packaging. The City may prohibit the separation of pre-packaged containers into single servings for sale or any alcoholic beverages in packages smaller than 5 ounces.

  2. Pay Telephones. All pay telephones shall be located inside the store, where store employees can monitor their use.

  3. Visibility into the store shall be maintained. The convenience market shall not have shelving systems, plywood, posters, advertising materials, or other opaque items adjacent to windows that collectively cover more than 20% of the surface area of the window or that block views into the store from the adjacent public street, sidewalk, or parking areas. Limited window advertising in compliance with the Fairfield Sign Ordinance may be approved at the discretion of the Director of Community Development

  4. Loitering. The convenience market operator shall enforce all loitering regulations.

  5. Hours of operation may be limited.

B. Revocation of the Conditional Use Permit. The City may initiate Revocation of the Conditional Use Permit for violations including, but not limited to the following:

  1. Sales of alcoholic beverages to minors

  2. Arrests for prostitution; drug sales, possession, or consumption; or consumption of alcoholic beverages on the property.

  3. Public nuisances associated with the business and/or its customers. Public nuisance may include but are not limited to public drunkenness, public urination, excessive noise, harassment of passersby, off site litter attributable to the market, DUI arrests, open container violations, and other violations of law on the premises or associated with customers of the convenience market.

  4. Failure to enforce loitering regulations.

25.32.14 Condominium Conversions

All condominium conversions that involve the conversion of rental multifamily housing to condominiums, community apartments, or stock cooperatives shall require a Conditional Use Permit subject to the following requirements:

  1. Compliance with all requirements of the Fairfield Condominium Conversion Ordinance, Chapter 25, Article IV of the Fairfield City Code.

  2. The applicant must enter into a written agreement requiring at least ten percent (10%) of the total number of units be sold to and occupied by Moderate-Income Households and at least five percent (5%) of the total number of units be sold to and occupied by Low-Income Households (the “Affordable Units"). As outlined in subsection 6 below, the affordability of these units shall be preserved for at least forty-five (45) years. Fractional units shall be rounded up to the nearest whole number.

  3. A Moderate-Income Household is defined as a household whose aggregate income for all household members does not exceed one hundred twenty percent (120%) of the median income adjusted for household size for a household in VallejoFairfield MSA, California, as published by the United States Department of Housing and Urban Development ("HUD"), while a Low-Income Household is defined as a household whose aggregate income for all household members does not exceed eighty percent (80%) of the median adjusted for household size. In the event that HUD has not updated such information in the past eighteen (18) months or has otherwise ceased to publish such information, then the City may use or develop such other reasonable methods as it may choose in order to determine the income, adjusted for household size, for Moderate-Income and Low-Income Households.

  4. The maximum sales price for each Affordable Unit shall be calculated by the Director of Community Development. The maximum sales price shall be the price at which the monthly cost of ownership does not exceed the Affordable Housing Cost, as defined in Health and Safety Code Section 50052.5 or any successor thereto for moderate- and low-income households, adjusted for family size appropriate for the unit. These maximum sales prices shall be provided to the applicant within thirty (30) days of receipt of a complete application (including a projection of monthly homeowners’ association dues) for conversion.

  5. The applicant shall pay all costs associated with qualifying eligible households for the initial purchase of the Affordable Units. The applicant shall preliminarily review eligibility of proposed purchasers. However, the City must provide final approval of all purchasers of an Affordable Unit.

  6. All Affordable Units shall be sold with a forty-five (45) year affordability covenant that restricts the sale of the unit to a lowor moderate-income buyer in accordance with Health and Safety Code Section 50052.5 or any successor thereto. Such covenants shall be prepared by the City Attorney, with reimbursement by the applicant.

7. Alternatives to Dedication of Units and In-Lieu Fees

a. At the sole discretion of the City, the Applicant may satisfy the requirements of this section by paying an In-Lieu Fee or providing another acceptable alternative. The In-Lieu Fee shall be equal to the difference between the current median market sales price of the dwelling unit with the largest number of bedrooms in the project and the maximum sales price of that same dwelling to a qualified moderate- or low-income buyer, as of the date of approval of the Use Permit.

b. For projects with fewer than ten (10) total units, one moderate-income unit shall be provided. The In-Lieu Fee for the fractional low-income unit required may be calculated by multiplying the fraction by the In-Lieu Fee as calculated in Subsection 7.a. above.

  1. The Director of Community Development may impose additional conditions, as required by the circumstances.

25.32.15 Aquaculture.

All aquaculture facilities shall develop and implement an odor control program to reduce the emission of odors and eliminate impacts at property line to imperceptible levels, including during high wind periods. (Ord. No. 2009-15, § 2.)

25.32.16 Personal Care and Domestic Services - Limited.

Personal Care and Domestic Services - Limited shall comply with the following requirements:

  1. If the proposed personal care and domestic service business - limited use is located on a block with residential uses, the City may limit hours of operation.

  2. Lighting shall be designed and located so as to not interfere with adjoining residential or commercial uses.

  3. Business owners shall discourage unnecessary loitering outside business premises. (Ord. No. 2009-17, § 2.)

25.32.17 Cannabis Regulations.

A. Purpose. In enacting this Section, it is the intent of the Fairfield City Council to protect the safety and welfare of the general public. The City Council finds providing access to adult-use cannabis for persons aged 21 and over, while imposing reasonable regulations to protect the City’s residents, neighborhoods, and businesses from any harmful impacts, to be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). The purpose of this Section is to prohibit outdoor cannabis cultivation from occurring in the City; to reasonably regulate indoor personal cultivation of cannabis consistent with State law; and to permit commercial cannabis activities subject to the rules and requirements of Fairfield Municipal Code Chapters 10E and 10F.

B. Definitions. For the purposes of this Section, the following definitions shall apply. All citations to State law shall refer to the act, statute, or regulation as may be amended from time to time.

“Cannabis” means marijuana and all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medical, adult-use, or other purposes. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not include industrial hemp, as defined in Health and Safety Code section 11018.5.

“Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult-use, or any other purpose and includes the activities of any business licensed by the State or other government entity under the MAUCRSA, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Health and Safety Code section 11362.765.

“Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

“Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.

“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the Business and Professions Code.

“Fully enclosed and secure structure” means a space within a building, greenhouse or other structure that satisfies all of the following criteria: (i) has a complete roof enclosure supported by connecting walls extending from the ground to the roof; (ii) is secure against unauthorized entry; (iii) provides complete visual screening; (iv) is accessible only through one or more lockable doors; and (v) is inaccessible to minors.

“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

“MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the Business and Professions Code.

“Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

“Primary caregiver” shall have the same meaning as in Health and Safety Code section 11362.7(d).

“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence.

“Qualified patient” means a person who is entitled to the protections of Health and Safety Code section 11362.5, but who does not have an identification card.

C. Prohibitions.

  1. Except as specifically authorized by Chapter 10E of the Fairfield Municipal Code, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, and transportation (other than as provided under Business and Professions Code Section 26090(e)) of cannabis or cannabis products is expressly prohibited in the City.

  2. No person may engage in any commercial cannabis business or in any commercial cannabis activity within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person (1) has a valid commercial cannabis business permit or delivery permit from the City, as applicable; (2) has a valid State license; and (3) is currently in compliance with all applicable State and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities.

  3. Outdoor cannabis cultivation is expressly prohibited in the City.

  4. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except as specified in subsection E below.

D. Exceptions.

  1. Nothing in this Section shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1.

  2. Nothing in this Section shall prohibit any commercial cannabis activity that is permitted by the City pursuant to the requirements of Fairfield Municipal Code Chapter 10E.

  3. Nothing in this Section shall prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to Business and Profession Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.

E. Indoor Cannabis Cultivation. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of

cannabis, except in strict compliance with the requirements set forth below:

  1. Only persons twenty-one (21) years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code sections 11362.1 and 11362.2.

  2. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds at a private residence. Cultivation is permitted only within fully enclosed and secure structures.

  3. Cannabis cultivation shall be limited to six (6) plants total, whether immature or mature, regardless of how many individuals reside at the private residence.

  4. Cannabis cultivation, including any lighting, plumbing, or electrical components used for cultivation, shall comply with Chapter 5 (Building and Housing), Chapter 7 (Electricity), Chapter 8 (Fire Protection), and Chapter 22 (Water) of the City Code. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and Ozone generators for cannabis cultivation is prohibited. Any fully enclosed and secure structure or private residence used for cultivation must have proper ventilation and shall not create a humidity or mold problem in violation of the City Code or applicable state health and safety codes.

  5. Cannabis cultivation shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property.

  6. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

  7. Cannabis cultivation shall not displace required off street parking or violate any other provisions of the City Code.

  8. Written consent of the property owner must be obtained prior to the commencement of cannabis cultivation.

F. Permissive Zoning. Nothing in this Section shall be interpreted to the effect that the City’s permissive zoning scheme allows any other use not specifically listed therein.

G. Enforcement.

  1. In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision of this Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.1, et seq., or section 11362.71, et seq. In the event of any conflict between the penalties set forth in the City Code and the penalties set forth in State law, the maximum penalties allowable under State law shall govern.

  2. Each and every violation of the provisions of this Section is hereby deemed unlawful, a public nuisance, and an immediate threat to public health, safety, and welfare. Pursuant to Government Code section 53069.4, subdivision (a)(1)(B), the immediate imposition of fines or penalties pursuant to this Section are to protect the public health, safety, and welfare against unlawful cannabis activity and other violations herein because they pertain to zoning, health, or safety provisions of the City Code.

and an immediate threat to public health, safety, and welfare. Pursuant to Government Code section 53069.4, subdivision (a)(1)(B), the immediate imposition of fines or penalties pursuant to this Section are to protect the public health, safety, and welfare against unlawful cannabis activity and other violations herein because they pertain to zoning, health, or safety provisions of the City Code.

  1. Administrative penalties for violations of this chapter are governed by Chapter I, Article II, except for the following:

a. Anyone who cultivates an excess of six (6) cannabis plants on any parcel may be subject to an immediate imposition of an administrative penalty of $500.00 per plant, per day, for each plant in excess of the number of plants allowed herein.

b. A violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements that exists as a result of, or to facilitate, the illegal cultivation of cannabis may be subject to an immediate imposition of an administrative penalty of $500.00 per violation, per day.

  1. Penalty imposition may be delayed and a property owner shall be permitted fifteen (15) calendar days to correct violations of this Section if all of the following conditions are met:

a. The property where the cultivation is occurring is being rented or leased and a tenant is in possession.

b. The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

c. The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation.

  1. Any cannabis cultivation in violation of this Section is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions in Chapter 8, (commencing with Section 11469) relating to the seizure, forfeiture, and destruction of property. (Ord. No. 2016-02, § 5; Ord. No. 2016-03, § 4; Ord. No. 2016-19, § 2; Ord. No. 2017-02, § 1; Ord. No. 2017-19, § 1; Ord. No. 2020-14, § 2; Ord. No. 2022-01, § 2.)

25.32.18 Assisted Living Facilities.

A. Definitions. For the purposes of this chapter, Assisted Living Facilities are 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.

B. Development and design regulations. Assisted living facilities shall meet the multifamily standards in Tables 25-4 or 25-5 except the City of Fairfield may approve project-specific deviations from the following standards or in the following ways:

  1. Total project open space may be reduced in exchange for improved project amenities, design enhancements, and landscaping.

  2. The number and design of recreational amenities.

  3. Car wash facilities.

  4. Required storage space.

  5. Total parking spaces will be determined by the reviewing authority based on the specific population served by the facility.

  6. Project density and total number of units. (Ord. No. 2018-03, § 10.)

25.32.19 Temporary Shelters.

A. Purpose and Applicability. The purpose of this section is to establish criteria for the location of temporary shelters at existing religious or assembly use facilities that assure compatibility of shelter activities with surrounding uses and provide a safe place for individuals and families to obtain temporary shelter.

B. Definition of Temporary Shelter. A temporary shelter is a facility, building, or room used to provide short-term shelter to individuals experiencing homelessness, which may include but is not limited to beds (including overnight accommodations), food, and social services. A temporary shelter differs from a homeless shelter, as defined in Section 25.50, in that a temporary shelter is a short-term use of an existing space for a limited timeframe.

C. Location.

  1. Temporary shelters are permitted as an ancillary use within any zoning district, provided that they are located at an existing church or other place of worship or at an existing assembly use and meet the requirements of this section. As an ancillary use, temporary shelters shall be subordinate to or part of the principal assembly use at the existing religious or other assembly facility.

  2. A temporary shelter may not be located within 1,000 feet of any other temporary shelter or homeless shelter that is permitted to operate during the same time-period.

D. Temporary Shelter Permit. No temporary shelter may be established or maintained unless and until a temporary shelter permit has been issued pursuant to Chapter 5A of the Fairfield Municipal Code, the temporary shelter permit is in full force and effect, and a temporary certificate of occupancy has been issued. (Ord. No. 2020-19, § 2.)

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 "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 nonprofit 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 household 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 Standards 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.

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 farm 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 standards 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.

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 approved 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 applicable 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. (Ord. No. 2026-01, § 9.)

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 Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as amended, and any related 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 Homeless 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. (Ord. No. 2026-01, § 9.)

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, developed, 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 multifamily 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 Government 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.

D. 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.

E. 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 permitting requirements that apply to other comparable multifamily residential projects in the applicable underlying zoning district.

F. 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 supportive housing. The 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. (Ord. No. 2026-01, § 9.)

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 state 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 singlefamily dwellings in the zoning district where they are located. (Ord. No. 2026-01, § 9.)

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.

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 open 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. (Ord. No. 2026-01, § 9.)

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, and operated in compliance with the standards below, in zones where this housing is allowed by the land use regulations in the Base District Regulations.

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 Equipment. 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 spaces 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 multifamily and mixed use development is allowed and shall require administrative and design review. (Ord. No. 2026-01, § 9.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2512.html

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SECTION 25.33 WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

25.33.1 Purpose 25.33.2 Defnitions 25.33.3 Applicability 25.33.4 Wireless Telecommunications Facility Permit Required 25.33.5 Classifcation of Facilities and Permit Requirements

25.33.6 Application for Permit 25.33.7 Location and Confguration Preferences

25.33.8 Design and Development Standards for All Facilities 25.33.9 Additional Design and Development Standards for Facilities Outside the Public Right-of-Way 25.33.10 Additional Design and Development Standards for Facilities in the Public Right-of-Way

25.33.11 Conditions of Approval for All Facilities 25.33.12 Additional Conditions of Approval for Facilities in the Public Right-of-Way 25.33.13 Findings – Conditional Use Permits 25.33.14 Exceptions 25.33.15 Wireless Telecommunications Facilities Covered under Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 25.33.16 Wireless Telecommunications Collocation Facilities Covered under California Government Code Section 65850.6

25.33.17 Business License

25.33.18 Emergency Deployment

25.33.19 Operation and Maintenance Standards

25.33.20 No Dangerous Conditions or Obstructions Allowed

25.33.21 Permit Expiration

25.33.22 Efect on Other Ordinances

25.33.1 Purpose

The purpose and intent of this section is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of Wireless Telecommunications Ffacilities in the City of Fairfield. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with Wireless Telecommunications Facilities. These regulations are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced Wireless Services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This section provides standards necessary to: (1) preserve and promote harmonious land uses and the Public Right-of-Way in the city; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the city consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of Wireless Telecommunications Facilities in accordance with the state and federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of Wireless Telecommunications Facilities. Further specific design and deployment standards and guidelines for Small Cell Wireless Facilities may be promulgated by the Director of Public Works and/or the Director of Community Development (Community and Economic Development), from time to time, pursuant to this section.

This section is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any Personal Wireless Service provider’s ability to provide Personal Wireless Services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for Rights-of-Way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct, or modify Personal Wireless Service Facilities on the basis of environmental effects of radio frequency emissions to the extent that such Wireless Facilities comply with the Federal Communications Commission’s (FCC) regulations concerning such emissions; (5) prohibit any Collocation or Modification that the City may not deny under federal or state law; or (6) otherwise authorize the City to preempt any applicable federal or state law. (Ord. No. 2021-09, § 3.)

25.33.2 Definitions

For the purposes of this section, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.

A. “Accessory Equipment” means any Equipment associated with the installation of a Wireless Telecommunications Facility, including but not limited to cabling, generators, air conditioning units, electrical panels, Equipment shelters, Equipment cabinets, Equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

B. “Antenna” means that part of a Wireless Telecommunications Facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, Cellular, paging, personal communications services (PCS), and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strandmounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

C. “Base Station” means the same as defined by the FCC in 47 C.F.R. § 1.6100 (b)(1), as may be amended, which defines that term as a structure or Equipment at a fixed location that enables commission-licensed or authorized wireless communications

between user Equipment and a communications network. The term does not encompass a Tower as defined in this subpart or any Equipment associated with a Tower.

  1. The term includes, but is not limited to, Equipment associated with Wireless Communications Services such as private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul.

  2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable Equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

  3. The term includes any structure other than a Tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses Equipment described in subsections (C)(1) or (2) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

  4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house Equipment described in subsections (C)(1) or (2) of this section.

D. “Building-mounted” means mounted to the side or facade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.

E. “Cellular” means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell Sites.

F. “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as the mounting or installation of Transmission Equipment on an Eligible Support Structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

G. “Concealed Facility” means a communications facility which is designed to blend with the surrounding environment. Typically a Concealed Facility is architecturally integrated into a building or structure such as a panel integrated into the railing of a balcony or stairway; the design of the Antennas is visually integrated into the building or structures or visually compatible with the building or structure design; a panel or panels placed on the inside of a sign; or is freestanding and, as an example, is designed to resemble a tree or other natural structure.

H. “Eligible Facilities Request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as any request for Modification of an Existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station, involving: (i) Collocation of new Transmission Equipment; (ii) removal of Transmission Equipment; or (iii) replacement of Transmission Equipment.

I. “Eligible Support Structure” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as any Tower or Base Station as defined in this section, provided that it is Existing at the time the relevant application is filed with the state or local government under this section.

J. “Equipment” means Antennas and any associated utility or Equipment box, and battery backup, transmitters, receivers, radios, amplifiers, ancillary fiber-optic cables and wiring, and ancillary Equipment for the transmission and reception of radio communication signals for video, voice, and other data transmission, including the means and devices used to attach Equipment to a structure, peripherals, and ancillary Equipment and installations, including wiring, cabling, power feeds, and any approved signage attached to Equipment.

K. “Existing” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which provides that a constructed Tower or Base Station is Existing for purposes of the FCC’s Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is Existing for purposes of this definition.

L. “FCC” means the Federal Communications Commission or its duly appointed successor agency.

M. “Modification” means any change to an Existing Wireless Telecommunications Facility that involves any of the following: Collocation, expansion, Modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the Existing facility involving any of the following: Collocation, expansion, Modification, alteration, enlargement, intensification, reduction, or augmentation.

N. “Monopole” means a structure consisting of a single pole used to support Antennas or related Equipment and includes a monopine, monoredwood, and similar Monopoles camouflaged to resemble trees or other objects.

O. “Personal Wireless Services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed Wireless Services, and common carrier wireless exchange access services.

P. “Personal Wireless Service Facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide Personal Wireless Services.

Q. “Pole” means a single shaft of wood, steel, concrete, or other material capable of supporting the Equipment mounted thereon in a safe and adequate manner and as required by provisions of the Fairfield Zoning Code. Poles are typically installed by public or private utilities to distribute electricity or communications signals and are typically although not exclusively found within Public Rights of Way. Pole is distinguished here from “Monopoles” (defined above) or Towers.

R. “Public Right-of-Way” or “Right-of-Way” means any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the City.

S. “Reviewing Authority” means the person or body who has the authority to review and either grant or deny a Wireless Telecommunications Facility permit pursuant to this section.

T. “RF” (or “EMF”) means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

U. “Roof-mounted” means mounted directly on the roof of any building or structure, above the eave line of such building or structure.

V. “Section 6409(a)” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as such law may be amended from time to time.

W. “Section 6409(a) Approval” means the approval required by Section 6409(a).

X. “Site” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for Towers other than Towers in the Public Rights-of-Way, the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the Site, and, for other Eligible Support Structures, further restricted to that area in proximity to the structure and to other Transmission Equipment already deployed on the ground.

Y. “Substantial Change” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term differently based on the particular Wireless Facility type (Tower or Base Station) and location (in or outside the Public Right-of-Way). For clarity, this definition organizes the FCC’s criteria and thresholds for a Substantial Change according to the Wireless Facility type and location.

  1. For Towers outside the Public Rights-of-Way, a Substantial Change occurs when:

a. the proposed Collocation or Modification increases the overall height of the Tower more than 10% or 20 feet (whichever is greater); or

b. the proposed Collocation or Modification increases the width of the Tower more than 20 feet; or

c. the proposed Collocation or Modification involves the installation of more than the standard number of Equipment cabinets for the technology involved, not to exceed four; or

d. the proposed Collocation or Modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless Tower, including any access or utility easements currently related to the Site.

  1. For Towers in the Public Rights-of-Way and for all Base Stations, a Substantial Change occurs when:

a. the proposed Collocation or Modification increases the overall height more than 10% or 10 feet (whichever is greater); or

b. the proposed Collocation or Modification increases the width more than 6 feet from the edge of the wireless Tower or Base Station; or

c. the proposed Collocation or Modification involves the installation of any new Equipment cabinets on the ground when there are no Existing ground-mounted Equipment cabinets; or

d. the proposed Collocation or Modification involves the installation of any new ground-mounted Equipment cabinets that are ten percent (10%) larger in height or volume than any Existing ground-mounted Equipment cabinets; or

e. the proposed Collocation or Modification involves excavation outside the area in proximity to the structure and other Transmission Equipment already deployed on the ground.

  1. In addition, for all Towers and Base Stations wherever located, a Substantial Change occurs when:

a. the proposed Collocation or Modification would defeat the Existing concealment elements of the support structure, as determined by the Director Of Public Works Or The Director Of Community Development (Community And Economic Development), as applicable; or

b. the proposed Collocation or Modification violates a prior condition of approval, provided however that the Collocation need not comply with any prior condition of approval related to height, width, Equipment cabinets or excavation that is inconsistent with the thresholds for a Substantial Change described in this section.

  1. “Substantial Change” is deemed to occur when any one of the thresholds above is exceeded. The thresholds for height increases are cumulative limits.

a. For Sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless Equipment not included in the original design.

b. For Sites with vertically separated deployments, the cumulative limit is measured from the permitted Site dimensions as they existed on February 22, 2012 – the date that Congress passed Section 6409(a).

Z. “Small Wireless Facility” means those facilities defined by 47 C.F.R. Section 16002(l) as may be amended and subject to the regulations as set forth in this Section 25.33.

AA. “Telecommunications Tower” or “Tower” means a freestanding mast, Pole, Monopole, guyed Tower, lattice Tower, free standing Tower, or other structure designed and primarily used to support Wireless Telecommunications Facility Antennas.

AB. “Transmission Equipment” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as Equipment that facilitates transmission for any FCC-licensed or authorized Wireless Communication Service, including, but not limited to, radio transceivers, Antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes Equipment associated with Wireless Communications Services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul.

AC. “Utility Pole” means a Pole or Tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

AD. “Wireless Services” means any FCC-licensed or authorized Wireless Communication Service transmitted over frequencies in the electromagnetic spectrum.

AE. “Wireless Telecommunications Facility” means any facility constructed, installed, or operated for Wireless Service. “Wireless Telecommunications Facility” includes, but is not limited to, Antennas or other types of Equipment for the

transmission or receipt of such signals, Telecommunications Towers or similar structures supporting such Equipment, related Accessory Equipment, Equipment buildings, parking areas, and other accessory development.

AF. “Director of Public Works” means the city Director Of Public Works.

AG. “Director of Community Development” means the department head in charge of the Community Development Department. (Ord. No. 2021-09, § 3.)

25.33.3 Applicability

This section applies to all Wireless Telecommunications Facilities as follows:

A. All facilities for which applications were not approved prior to the effective date of this section shall be subject to and comply with all provisions of this section.

B. All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this section governing the operation and maintenance, cessation of use and abandonment, removal and restoration of Wireless Telecommunications Facilities and Wireless Telecommunications Collocation Facilities and the prohibition of dangerous conditions or obstructions by such facilities; provided, however, that in the event a condition of approval conflicts with a provision of this section, the condition of approval shall control unless and until the permit is amended or revoked.

C. Public Utilities. Notwithstanding any provision of the Fairfield Municipal Code to the contrary, provisions governing the installation of a public utility facility or Accessory Equipment shall not apply to Wireless Telecommunications Facilities. This Section 25.33 shall govern all applications for Wireless Telecommunications Facilities.

D. Exempted Facilities. The following facilities are exempt from the requirements of this Section 25.33, and may be located in any zoning district, except property within a designated historic district, or a designated historic building:

  1. Mobile news services providing public information coverage of news events of a temporary nature, not to exceed a time period of 72 hours.

  2. Temporary facilities, including mobile facilities such as Cellular-on-Wheels (COWs) or Cellular-on-Light-Trucks (COLTs), for a time period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster the Director Of Community Development shall be responsible for determining whether an event qualifies as a community-wide emergency or natural disaster and has the authority to approve extensions of time for good cause shown, not to exceed two 60-day extensions.

  3. No more than two ground- or Building-mounted receive-only radio or television Antennas including any mast, for the sole use of the tenant occupying a residential parcel on which they are located, with a height not exceeding that established for the appurtenant zone district.

  4. Temporary testing facilities to establish the necessary height of a permanent telecommunication tower facility, not to exceed a time period of 48 hours.

  5. A ground- or Building-mounted citizens band or other radio Antenna with a height not exceeding that established for the applicable zoning district. All citizens band and other radio Antennas lawfully in existence at the time of adoption of this Ordinance shall also be considered exempt from this section. Where applicable, building permits shall be required for freestanding radio Antennas.

  6. In a commercial or industrial zoning, up to three Antennas or three dishes, not exceeding eight feet in diameter, for the sole use of the occupant of the subject property, provided all structures are completely screened from view from the Public Right-ofWay and from adjacent property.

  7. Amateur radio station facilities, provided all Antennas and supporting structures meet the following requirements:

a. Only one amateur radio station facility shall be installed on any single parcel, and all fixed radio Equipment, Antennas and Antenna support structures so installed shall be included as part of that single facility.

b. All fixed radio Equipment, Antennas and Antenna support structures shall comply with setback, lot coverage and other standards, except height, required in the zone district where it is located.

c. In all residential zone districts, the height of the supporting Tower shall not be more than 35 feet above natural grade when the station is not in use, and not more than 75 feet above natural grade when the station is in use.

d. In non-residential zone districts, the height of the supporting Tower shall not be more than 75 feet above natural grade at any time.

e. Multiple Antennas shall be grouped so as not exceed 16 square feet in area where feasible.

  1. Facilities owned and operated by public agencies and utility companies that are receive-only or receive-and-transmit telemetry station Antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations or irrigation systems, provided the heights of such facilities do not exceed 35 feet, and any dish which does not exceed 24 inches in diameter.

  2. Temporary facilities for use during the repair or reconstruction of the Existing building or other Existing nonresidential structure for up to 60 days, provided that they are no taller than the Existing facilities and can demonstrate compliance with Federal RF guidelines. The Director is authorized to grant extensions of time for good cause shown.

Any facilities exempted from Section 25.33 shall nonetheless obtain any required building permits. (Ord. No. 2021-09, § 3.)

25.33.4 Wireless Telecommunications Facility Permit Required

A. Permit required. No Wireless Telecommunications Facility shall be located or modified within the City on any property, including the Public Right-of-Way, without the issuance of a permit as required by this section as set forth in the table below. Such permit, which shall be referred to as a “Wireless Telecommunications Facility Permit,” shall be in addition to any other permit required pursuant to the Fairfield Municipal Code.

  1. Installation in Public Right of Way. Wireless telecommunication permits for installations in the Public Right of Way shall be issued by the Department of Public Works through the encroachment permit process, subject to the procedures of this section.

  2. Installation Outside the Public Right of Way. Wireless telecommunication permits for installations outside the Public Right of Way, including on City-owned land, shall be issued as a zoning entitlement by the Community Development Department, subject to the procedures of this section. (Ord. No. 2021-09, § 3.)

25.33.5 Classification of Facilities and Permit Requirements

For the purposes of this section, Wireless Telecommunication Facilities shall be grouped into one of the following four categories: Exempt, Minor, or Major, and within the Public Right-of-Way or located on City property.

A. Exempt Facilities. Exempt Facilities are those Wireless Facilities exempted from this ordinance by Section 25.33.3.D. above. All Exempt Facilities shall require zoning clearance in accordance with Section 25.40.2, unless it is specified in this article that no approval is required.

B. Minor Facilities. Wireless Telecommunication Facilities are Minor Facilities if they are proposed to be located outside the Public Right of Way and/or meet the definition of “Concealed Facility” contained in Section 25.33.2.G. Unless otherwise made applicable below, this section does not apply to new freestanding structures and flagpoles. Minor Facilities shall require a minor discretionary review approval from the Community Development Department.

C. Major Facilities. A Wireless Telecommunication Facility that is proposed to be located outside the Public Right of Way and that does not meet the definition of an Exempt Facility or a Minor Facility is a Major Facility. Examples include new freestanding Monopoles or Towers, or any Wireless Telecommunication Facility not designed as a Concealed Facility. All Major Facilities shall require conditional use permit (CUP) approval from the zoning administrator unless the Director determines that the project is of scope or scale to warrant full public review before the planning commission in accordance with the procedures and findings established in Section 25.40.5 of this Ordinance.

D. Facilities within the Public Right of Way. A Wireless Telecommunication Facility may be located in the Public Right-of-Way subject to the requirements of an encroachment permit and the standards and requirements of this Ordinance, City policies including its Small Cell Design and Deployment Standards, and any leases or agreements entered into with the City proposed by the applicant.

No approval granted under this section shall confer any exclusive right, privilege, license, or franchise to occupy or use the Public Right-of-Way of the City for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title. (Ord. No. 2021-09, § 3.)

25.33.6 Application for Permit

A. Application content. All applications for a permit required by this section must be made in writing on such form as the Director of Public Works and the Director of Community Development prescribes for their respective departments. Applications shall include the following information, in addition to all other information determined necessary by the Director of Public Works or the Director of Community Development.

  1. Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.

  2. The type of facility, including a full written description of the proposed facility, its purpose and specifications.

  3. A detailed Site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the Director of Public Works.

  4. Photographs of facility Equipment and an accurate visual impact analysis with photo simulations.

  5. Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals required by the FCC.

  6. If the application is for a facility that will be located within the Public Right-of-Way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the Right-of-Way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

  7. A written description identifying the geographic service area for the subject installation. As part of a master lease agreement negotiated by the applicant and the City, the City may require information on anticipated future installations and Modifications.

  8. A written report that analyzes acoustic levels for the proposed Wireless Telecommunications Facility and all associated Equipment including without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with any noise control provisions in the Fairfield Municipal Code. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed Equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the Equipment manufacturer that the ambient noise emitted from all the proposed Equipment will not, both individually and cumulatively, exceed the applicable limits.

  9. If the applicant claims it requires an exception to the requirements of this section, all information and studies necessary for the City to evaluate that claim.

  10. An application and processing fee and a deposit for a consultant review as set forth in paragraph (2) of this section.

  11. Any other studies or information determined necessary by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be.

  12. All materials required by Section 25., Article I, Section 25.40.4 “Minor Discretionary Review,” and/or Section 25, Article I Section 25.40.6 “Conditional Use Permit” if applicable.

B. Independent expert. The Director of Public Works and/or the Director of Community Development (Community and Economic Development), as applicable, is authorized to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a Wireless Telecommunications Facility to review the technical aspects of the application, including but not limited to the following matters:

  1. The accuracy, adequacy, and completeness of submissions.

  2. Compliance with applicable radio frequency emission standards.

  3. The validity of conclusions reached or claims made by applicant.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. (Ord. No. 2021-09, § 3.)

25.33.7 Location and Configuration Preferences

A. Purpose. The purpose of this section is to provide guidelines to applicants and the Reviewing Authority regarding the preferred locations and configurations for Wireless Telecommunication Facilities in the City, provided that nothing in this section shall be construed to permit a Wireless Telecommunication Facility in any location or configuration that it is otherwise prohibited by this section.

B. Review of Location and Configuration. The Reviewing Authority shall consider the extent to which a proposed Wireless Telecommunication Facility complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this section. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the least preferred category.

C. Order of Preference – Configurations. The order of preference for the configuration for Wireless Telecommunication Facilities located outside the Public Right of Way from most preferred to least preferred is:

  1. Collocation with Existing facilities.

  2. Building-mounted.

  3. Roof-mounted.

  4. Mounted on a new Telecommunication Tower.

The order of preference for the configuration of Wireless Telecommunications Facilities within the Public Right of Way from most preferred to least preferred is:

  1. Mounted on an Existing Pole or Utility Pole.

  2. Mounted on a new Pole or Utility Pole replacing an Existing Pole or Utility Pole.

  3. Mounted on a new Pole or Utility Pole that meets the spacing and separation requirements of this Section 25.33.

D. Order of Preference – Location. Locational preferences for Wireless Telecommunications Facilities from most preferred to least preferred is:

  1. Non-Residential zones.

  2. In the Public Right-of-Way, with Non-Residential zones as closest adjacent zone.

  3. Any Public Right-of-Way.

  4. Any other zone.

E. Accessory Equipment. In order of preference from most preferred to least preferred, Accessory Equipment for Wireless Telecommunication Facilities and Wireless Telecommunications Collocation Facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the Reviewing Authority finds that another location is preferable under the circumstances of the application. (Ord. No. 2021-09, § 3.)

25.33.8 Design and Development Standards for All Facilities

A. Basic requirements. The design and development standards set forth in this section apply to all Wireless Telecommunications Facilities no matter where they are located. Wireless telecommunications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section.

B. No speculative facilities. A Wireless Telecommunications Facility, Wireless Telecommunications Collocation Facility, or a Telecommunications Tower, which is built on speculation and for which there is no wireless tenant is prohibited within the City.

C. General guidelines. The applicant shall employ least intrusive design possible and minimize facility footprint within in the Right-of-Way as possible but in no event shall exceed the limits, or extend beyond the Public Right-of-Way into private property, prescribed in this section unless otherwise permitted in writing by the public works city engineer.

D. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

E. Antennas. The applicant shall use the least visible Antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent reasonably feasible. All Antenna mounts shall be designed so as not to preclude possible future Collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip Antennas need not be screened.

F. Landscaping. Where appropriate, facilities shall be installed so as to maintain and enhance Existing landscaping on the Site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the City to provide screening or to block the line of sight between facilities and adjacent uses.

G. Signage. Wireless Telecommunications Facilities and Wireless Telecommunications Collocation Facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

H. Lighting. No Wireless Telecommunications Facility may be illuminated unless either specifically required by the Federal Aviation Administration or other government agency or in association with the illumination of an athletic field on City or school property. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as Telecommunications Towers, lattice Towers, and Monopoles.

I. Noise. All Wireless Telecommunication Facilities must comply with the applicable Noise Regulations prescribed by Article 5 of Section 25 as well as the following regulations:

  1. Each Wireless Telecommunications Facility and Wireless Telecommunications Collocation Facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

  2. Backup generators shall only be operated during periods of declared public service power interruptions and other power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.

J. Security. Each Wireless Telecommunications Facility and Wireless Telecommunications Collocation Facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, unauthorized climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The Reviewing Authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance.

K. Modification. At the time of Modification of a Wireless Telecommunications Facility, Existing Equipment shall, to the extent feasible, be replaced with Equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the Equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. (Ord. No. 2021-09, § 3.)

25.33.9 Additional Design and Development Standards for Facilities Outside the Public…

A. Basic Requirements. Facilities located outside the Public Right-of-Way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

B. No parking interference. In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required.

C. Roof-mounted facilities. Roof-mounted facilities shall be designed and constructed to be fully concealed or screened in a manner compatible with the Existing architecture of the building the facility is mounted to in color, texture, and type of material. Screening shall not increase the bulk of the structure nor alter the character of the structure.

D. New Telecommunications Towers. New Telecommunications Towers shall be located in close proximity to Existing aboveground utilities, such as electrical Towers or Utility Poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light Poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.

  1. Telecommunications Tower, including, but not limited to, attached Antennas and Equipment, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and potential future co-locators and meet FCC requirements. The applicant shall provide documentation satisfactory to the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, establishing compliance with this paragraph. In any event, facilities mounted to a Telecommunications Tower shall not exceed the applicable height limit for structures in the applicable zoning district.

  2. Aside from the Antenna itself, no additional Equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the Telecommunications Tower and as feasible without jeopardizing the physical integrity of the Tower.

  3. Monopole installations shall be situated so as to utilize Existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

  4. All visible Antenna components and Accessory Wireless Equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or Existing architectural elements so as to visually blend in with the surrounding development. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures to the satisfaction of the Community Development Department.

ted with exterior coatings of a color and texture to match the predominant visual background or Existing architectural elements so as to visually blend in with the surrounding development. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures to the satisfaction of the Community Development Department.

  1. If a faux tree is proposed for the Monopole installation, it shall be of a type of tree compatible with those Existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

E. Accessory Equipment. All Accessory Equipment associated with the operation of any Wireless Telecommunications Facility shall be fully screened or camouflaged using subdued colors (earth tone, gray and/or flat finish), and located in a manner to minimize their visibility to the greatest extent possible utilizing the following methods for the type of installation:

  1. Accessory Equipment for Roof-mounted facilities shall be installed inside the building to which it is mounted or underground, if feasible. If not feasible, such Accessory Equipment may be located on the roof of the building that the facility is mounted on, provided that both the Equipment and screening materials are painted the color of the building, roof, or surroundings. All screening materials for Roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure and comply with the applicable regulations prescribed by Section 25.30.3.

  2. Accessory Equipment for facilities mounted to a Telecommunications Tower shall be visually screened by locating the Equipment either within a nearby building, in an underground vault (with the exception of required electrical panels) or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the Accessory Equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings. (Ord. No. 2021-09, § 3.)

25.33.10 Additional Design and Development Standards for Facilities in the Public…

A. Basic Requirements. Facilities located in the Public Right-of-Way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

  1. Director’s Small Cell Design and Deployment Guidelines. The primary purpose of these guidelines shall be to provide procedural and design guidance and specific design standards and requirements for project applicants proposing Wireless Facilities in the Public Right-of-Way that are subject to the requirements of this section. The Guidelines document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with this section. All such guidelines will be publicly available and posted on the public works website. Each application for a Wireless Facility is subject to the most current guidelines, which may be amended from time to time.

  2. Right-of-Way Authority. An encroachment permit must be obtained for any work in the Public Right of Way. Only applicants authorized to enter the Public Right-of-Way pursuant to state or federal law or a franchise or other agreement such as a master license agreement with the City shall be eligible for a permit to install or modify a Wireless Telecommunications Facility in the Public Right-of-Way.

B. Antennas.

  1. Utility Poles. The maximum height of any Antenna mounted to an Existing utility Pole shall not exceed 24 inches above the height of an Existing Utility Pole, unless otherwise required by relevant orders of the California Public Utilities Commission (CPUC), including GO 95. No portion of the Antenna or Equipment mounted on a Pole shall be less than 18 feet above any drivable road surface. All installations on Utility Poles shall fully comply with the CPUC general orders, including, but not limited to, General Order 95, as amended.

  2. Street Light Poles. The maximum height of any Antenna mounted to a street light Pole shall not exceed seven feet above the Existing height of a Street Light Pole in a location with its closest adjacent district being a commercial zoning district and shall not exceed three feet above the Existing height of a Street Light Pole in any other zoning district. Any portion of the Antenna or Equipment mounted on such a Pole shall be no less than 18 feet above any drivable road surface.

C. Poles.

  1. Only Pole-mounted Antennas shall be permitted in the Right-of-Way. All other Telecommunications Towers are prohibited, and no new Poles are permitted that are not replacing an Existing Pole.

  2. Designs, plans, and all necessary documents containing the required information related to attachments to City-owned Street Light Poles shall be submitted to the Public Works Department – Traffic Engineering for review and, upon approval by the city engineer, shall be permitted.

  3. Poles identified in the application that are determined by the city engineer or their designee as showing signs of damage or corrosion, shall be replaced in kind. Applicants shall pay to the City their cost for replacement. Poles that were determined to have insufficient structural capacity to sustain the additional small cell wireless appurtenances during the required field verification shall require replacement footings designed and constructed, at the applicant’s sole cost, to the satisfaction of the city engineer or their designee. The applicant shall provide certification by a registered structural engineer that the structural integrity of the Street Light Pole is intact. Pole number labels, if incorrect or missing, shall be corrected or installed at the applicant’s sole expense and in accordance to the City specifications.

4. Pole height and width limitations:

a. All Poles shall be designed to be the minimum functional height and width required to support the proposed Antenna installation and meet FCC requirements. Poles and Antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

b. Notwithstanding the above, no facility shall be located on a pole that is less than 26 feet in height and no facility shall exceed 35 feet in height, including, but not limited to the pole and any Antenna that protrudes above the pole.

c. Pole mounted Equipment shall not exceed six cubic feet in dimension.

  1. If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.

  2. If an exception is granted for placement of new Poles in the Right-of-Way, new Poles shall be designed to resemble Existing Poles in the Right-of-Way, including size, height, color, materials and style, with the exception of any Existing pole designs that are scheduled to be removed and not replaced, unless another design better accomplishes the objectives of this section. Such new Poles that are not replacement Poles shall be located no closer than 25 feet to an Existing pole.

D. Space occupied. Facilities shall be designed to be minimally intrusive to occupy the least amount of space in the Right-ofWay.

1. Location.

a) Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of the Right-of-Way, or safety hazards to pedestrians and motorists.

b) A facility shall not be located within any portion of the Public Right-of-Way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

c) Where permitted by the width of the Right-of-Way, new or replacement Poles shall be setback a minimum of 18 inches from the front of the face of a curb, unless otherwise required to comply with ADA requirements. No new pole shall obstruct the line of sight standard at intersections or driveways.

d) Each pole mounted Wireless Facility must be separated by at least 500 feet.

e) All cables, including, but not limited to, electrical and utility cables, between the pole and any Accessory Equipment shall be placed underground, if feasible.

f) All new wires needed to service the Wireless Telecommunications Facility must be installed within the width of the Existing utility pole so as to not exceed the diameter and height of the Existing utility pole.

  1. Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA).

  2. Documentation. The applicant shall provide documentation satisfactory to the Director of Public Works establishing compliance with this subsection. (Ord. No. 2021-09, § 3.)

25.33.11 Conditions of Approval for All Facilities

In addition to compliance with the requirements of this section, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any Modification of these conditions or additional conditions of approval deemed necessary by the Reviewing Authority:

A. Required Findings. Before the permittee submits any application for a building permit or other permits required by the Fairfield Municipal Code, the permittee must incorporate the Wireless Telecommunication Facility permit granted under this section, all conditions associated with the Wireless Telecommunications Facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the Wireless

Telecommunications Facility in strict compliance with the Approved Plans. The permittee shall submit to the Fairfield Building Division an as built drawing within 90 days after installation of the facility.

B. Where feasible, as new technology becomes available, the permittee shall:

  1. place above-ground Wireless Telecommunications Facilities below ground, including, but not limited to, Accessory Equipment that has been mounted to a Telecommunications Tower or mounted on the ground; and

  2. replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Fairfield Municipal Code.

  3. The permittee shall submit and maintain current at all times basic contact and Site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a. Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b. The legal status of the owner of the Wireless Telecommunications Facility, including official identification numbers and FCC certification.

c. Name, address, and telephone number of the property owner if different than the permittee.

  1. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any Public Utility, easement, or Right-of-Way located on the Site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and Existing public improvements within or adjacent to the Site, including, but not limited to, pavement, trees, Public Utilities, lighting and public signage.

  2. At all times, all required notices and signs shall be posted on the Site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

  3. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and Antenna height standards adopted by the Federal Aviation Administration.

  4. If the Director of Public Works determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the Director of Public Works may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.

  5. All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.

  6. A condition setting forth the permit expiration date in accordance with subsection 25.33.11 shall be included in the conditions of approval. (Ord. No. 2021-09, § 3.)

25.33.12 Additional Conditions of Approval for Facilities in the Public Right-of-Way

In addition to compliance with the requirements of this section, upon approval all facilities in the Public Right-of-Way shall be subject to each of the conditions of approval set forth in Section 25.33.11, each of the following conditions of approval, and any Modification of these conditions or additional conditions of approval deemed necessary by the Reviewing Authority:

A. Required Findings – Public Right of Way. The Wireless Telecommunications Facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the city engineer for the purpose of: (a) protecting the public health, safety, and welfare, (b) preventing interference with pedestrian and vehicular traffic, and (c) preventing damage to the Public Right-of-Way or any property adjacent to it. The City may modify the permit to reflect such conditions, changes or

limitations by following the same notice and public hearing procedures as are applicable to the grant of a Wireless Telecommunications Facility permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

  1. Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the Site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and the Fairfield Municipal Code. The bond coverage shall include, but is not be limited to, removal of the facility, maintenance obligations and landscaping obligations. The amount of the performance bond shall be set by the Director of Public Works in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.

  2. The permittee shall not move, alter, temporarily relocate, change, or interfere with any Existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a Wireless Telecommunications Facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the Public Right-of-Way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the Public Right-of-Way to be affected by applicant’s facilities.

  3. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

  4. The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a Wireless Telecommunications Facility in the Public Right-of-Way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the Director of Public Works, the Director of Public Works shall cause such repair to be completed at permittee’s sole cost and expense.

  5. Prior to issuance of a building permit, the applicant shall obtain the approval of a tree protection plan by the Director of Community Development (Community and Economic Development) or their designee and prepared by a certified arborist if the installation of the Wireless Telecommunication Facility will be located within the canopy of a street tree, or a protected tree on private property, or within a ten-foot radius of the base of such a tree. Depending on Site specific criteria (e.g., location of tree, size, and type of tree, etc.), a radius greater than ten feet may be required by the Director of Community Development (Community and Economic Development) of his or her designee.

  6. Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within 30 days of such service being offered and reasonably restore the area to its prior condition.

  7. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by:

a. Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency;

b. Any abandonment of any street, sidewalk, or other public facility;

c. Any change of grade, alignment or width of any street, sidewalk or other public facility; or

d. A determination by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, that the Wireless Telecommunications Facility has become incompatible with public health, safety or welfare or the public’s use of the Public Right-of-Way.

  1. Any Modification, removal, or relocation of the facility shall be completed within 90 days of written notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a permit amendment pursuant to the Fairfield Zoning Code. The permittee shall be entitled, on permittee’s election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Fairfield Zoning Code allow. In the event the facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the Fairfield Zoning Code, the City may modify, remove, or relocate Wireless Telecommunications Facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. The Director may approve an extension of time to complete the repairs, at the discretion of the Director, upon a showing of good cause. (Ord. No. 2021-09, § 3.)

25.33.13 Findings – Conditional Use Permits

A. Required Findings. Where a Wireless Telecommunication Facility requires a conditional use permit under this section, the Reviewing Authority shall not approve any application unless, in addition to the findings generally applicable to all conditional use permits, all of the following additional findings are made:

  1. The proposed facility complies with all applicable provisions of this section.

  2. The proposed facility has been designed and located to achieve the least intrusive design possible and limit facility footprint to the maximum extent reasonably feasible.

  3. The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed Wireless Telecommunications Facility wherever technically and economically feasible and where Collocation would not harm community compatibility.

  4. Noise generated by Equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this section.

  5. In addition to the findings in paragraph (1) above, approval of a Wireless Telecommunications Facility permit for a facility that will be located in the Public Right-of-Way may be granted only if the following findings are made by the Reviewing Authority:

a. The applicant has provided substantial written evidence supporting the applicant’s claim that it has the right to enter the Public Right-of-Way pursuant to state or federal law, or the applicant has entered into a franchise or other agreement with the City permitting them to use the Public Right-of-Way.

b. The applicant has demonstrated that the facility will not interfere with the use of the Public Right-of-Way, Existing subterranean infrastructure, or the City’s plans for Modification or use of such location and infrastructure. (Ord. No. 2021-09, § 3.)

25.33.14 Exceptions

A. Findings for Exceptions. Exceptions pertaining to any provision of this section, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the Reviewing Authority if the Reviewing Authority makes the finding that:

  1. Denial of the facility as proposed would violate federal law, state law, or both; or

  2. A provision of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both.

B. Request for Exception. An applicant may only request an exception at the time of applying for a Wireless Telecommunications Facility permit. The request must include both the specific provision(s) of this section from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete shall be treated as a new application.

The applicant shall have the burden of proving that denial of the facility as proposed would violate federal law, state law, or both, or that the provisions of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both, using the evidentiary standards required by that law at issue. The City shall have the right to hire an independent consultant, at the applicant’s expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim. (Ord. No. 2021-09, § 3.)

25.33.15 Wireless Telecommunications Facilities Covered under Section 6409(a) of the…

A. Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. § 1455(a), generally requires that State and local governments “may not deny, and shall approve” requests to collocate, remove or replace Transmission Equipment at an Existing Tower or Base Station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective landuse regulations, limit permit application content requirements and provide the applicant with a potential “deemed granted” remedy when the State or local government fails to approve or deny the request within sixty (60) days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. § 332, applies to only “Personal Wireless Service Facilities” (e.g., Cellular telephone Towers and Equipment), Section 6409(a) applies to all “wireless” facilities licensed or authorized by the FCC (e.g., Cellular, Wi-Fi, satellite, microwave backhaul, etc.).

The overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. A separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will mitigate such potential confusion, streamline local review and preserve the City’s land-use authority to maximum extent possible.

B. Applicability. This section applies to all Collocations or Modifications to an Existing wireless Tower or Base Station submitted with a written request for approval pursuant to Section 6409(a).

C. Approval Required. Any request to collocate, replace or remove Transmission Equipment at an Existing wireless Tower or Base Station submitted with a written request for a Section 6409(a) approval shall be subject to the Director of Public Works or the Director of Community Development’s approval, as applicable, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this section.

D. Other Regulatory Approvals. No Collocation or Modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the City and state or federal agencies. Furthermore, any Section 6409(a) approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.

09(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the City and state or federal agencies. Furthermore, any Section 6409(a) approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.

E. Application Requirement. The City shall not approve any Wireless Facility subject to this section except upon a duly filed application consistent with this section and any other written rules the City or the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, may establish from time to time. An application must include the information required by subsection E and the following additional information:

  1. A title report prepared within the six months prior to the application filing date in order for the City verify the property owner’s identity. If the applicant does not own the subject property, the application must include a written authorization signed by the property owner that empowers the applicant to file the application and perform all Wireless Facility construction, installation, operation and maintenance to the extent described in the application.

  2. A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. § 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met. Bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include (i)

whether and why the support structure qualifies as an Existing Tower or Existing Base Station; and (ii) whether and why the proposed Collocation or Modification does not cause a Substantial Change in height, width, excavation, Equipment cabinets, concealment or permit compliance.

  • F. Procedures for a Duly Filed Application.
  1. Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable may, in his or her discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.

Development (Community and Economic Development), as applicable may, in his or her discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.

  1. Departmental Forms, Rules and Other Regulations. The City Council authorizes the Director of Public Works and the Director of Community Development (Community and Economic Development) to develop and publish permit application forms, checklists, informational handouts and other related materials that the each finds necessary, appropriate or useful for processing requests for Section 6409(a) approvals within the Public Right of Way and outside of the Public Right of Way, respectively. Without further authorization from the council, the Director of Public Works and the Director of Community Development (Community and Economic Development) may from time-to-time update and alter any such permit application forms, checklists, informational handouts and other related materials as each deems necessary, appropriate or useful to respond to regulatory, technological or other changes related to this section. The City Council authorizes the Director of Public Works and the Director of Community Development (Community and Economic Development) to establish other reasonable rules and regulations for their respective departments, which may include without limitation regular hours for appointments with applicants.

G. Administrative Review; Decision Notices. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, shall administratively review an application for a Section 6409(a) approval and act on such an application without prior notice or a public hearing. Within five working days after the Reviewing Authority conditionally approves or denies an application submitted for Section 6409(a) approval or before the FCC timeframe for review expires (whichever occurs first), the Director of Public works or the Director of Community Development (Community and Economic Development) or their respective designees, as the case may be, shall send a written notice to the applicant. In the event that the Reviewing Authority determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the Director of Public works, Director of Community Development (Community and Economic Development), or their designee, as the case may be, will send written notice to the applicant that includes the reasons to support the Reviewing Authority’s decision and states that the application will be automatically denied without prejudice on the 60th day after the date the application was filed unless the applicant withdraws the application.

of Community Development (Community and Economic Development), or their designee, as the case may be, will send written notice to the applicant that includes the reasons to support the Reviewing Authority’s decision and states that the application will be automatically denied without prejudice on the 60th day after the date the application was filed unless the applicant withdraws the application.

H. Required Findings for 6409(a) Approval. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may approve or conditionally approve an application submitted for Section 6409(a) approval when the Reviewing Authority finds that the proposed project:

  1. Involves Collocation, removal or replacement of Transmission Equipment on an Existing wireless Tower or Base Station; and

  2. Does not Substantially Change the physical dimensions of the Existing wireless Tower or Base Station.

I. Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this section, and consistent with all applicable federal laws and regulations, the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:

  1. Does not satisfy the criteria for approval;

  2. Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

3. Involves the replacement of the entire support structure.

J. Conditional 6409(a) Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the City’s authority to conditionally approve an application for a Section 6409(a) approval to protect and promote the public health, safety and welfare.

K. Appeals. Notwithstanding any provision of the Fairfield Zoning Code to the contrary, an applicant may appeal a decision by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be, to deny without prejudice a Section 6409(a) application. The appeal must be filed within 10 days from the Reviewing Authority’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the Director of Public Works or the Director of Community Development (Community and Economic Development) taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit his or her review to whether the project should be approved or denied in accordance with the provisions in subsections L. (8) and (9) of this section. The decision of the city manager shall be final and not subject to any further administrative appeals.

nt) taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit his or her review to whether the project should be approved or denied in accordance with the provisions in subsections L. (8) and (9) of this section. The decision of the city manager shall be final and not subject to any further administrative appeals.

L. Standard Conditions of Approval. In addition to all other conditions adopted by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be, all Section 6409(a) approvals, whether approved by the applicable Reviewing Authority or deemed approved by the operation of law, shall be automatically subject to the following conditions in this section; provided, however, that the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances:

  1. Approved Plans. Before the permittee submits any application for a building permit or other permits required by the Fairfield Municipal Code, the permittee must incorporate the Wireless Telecommunications Facility permit granted under this section, all conditions associated with the Wireless Telecommunications Facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the Wireless Telecommunications Facility in strict compliance with the Approved Plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.

  2. Permit Term. The City’s grant or grant by operation of law of a Section 6409(a) approval constitutes a federally-mandated Modification to the underlying permit or other prior regulatory authorization for the subject Tower or Base Station. The City’s grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject Tower or Base Station.

r or Base Station. The City’s grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject Tower or Base Station.

  1. Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) approval, such 6409(a) approvals shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the Director of Public Works grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the Director of Public Works or Director of Community Development (Community and Economic Development), as the case may be, may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has submitted an application for a conditional use permit for those improvements before the one-year period ends.

  2. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) approval.

  3. Build-out Period. The Section 6409(a) approval will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and operate the approved Wireless Facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the Wireless Facility or its use. the Director of Public Works or the Director of Community

Development (Community and Economic Development), as applicable, may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. Any further extensions may be granted by the planning commission.

  1. Maintenance Obligations; Vandalism. The permittee shall keep the Site, which includes without limitation any and all improvements, Equipment; structures; access routes; fences; and landscape features, in a neat, clean, and safe condition in accordance with the Approved Plans and all conditions in this Section 6409(a) approval. The permittee shall keep the Site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the Site within 72 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

  2. Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the Wireless Facility or any use or activities in connection with the use authorized in this Section 6409(a) approval. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws.

  3. Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s construction, installation, operation, Modification, maintenance, repair, removal, or other activities at the Site. The permittee shall not perform or cause others to perform any construction, installation, operation, Modification, maintenance, repair, removal, or other work that involves heavy Equipment or machines on any day and at any time prohibited under the Fairfield Zoning Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may issue a stop work order for any work that violates this condition.

  4. Noise Complaints. The permittee shall conduct all activities on the Site in compliance with the noise standards in the Fairfield Zoning Code. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational guidelines in situations where the violation arises from the permittee’s personnel rather than the permittee’s Equipment.

ng Code. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational guidelines in situations where the violation arises from the permittee’s personnel rather than the permittee’s Equipment.

  1. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City or its designee may enter onto the Site and inspect the improvements and Equipment upon reasonable prior notice to the permittee; provided, however, that the City or its designee may, but will not be obligated to, enter onto the Site area without prior notice to support, repair, disable or remove any improvements or Equipment in emergencies or when such improvements or Equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City or its designee while such inspection or emergency access occurs.

  2. Contact Information. The permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the Wireless Facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times.

  3. Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the Wireless Facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

  4. Compliance Obligations. An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Fairfield Zoning Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee. (Ord. No. 2021-09, § 3.)

25.33.16 Wireless Telecommunications Collocation Facilities Covered under California…

A. Purpose. The purpose of this section is to comply with an application for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6, for which a 6409(a) approval is not being requested. This section provides the requirements, standards and regulations for a Wireless Telecommunications Collocation Facility for which subsequent Collocation is a permitted use pursuant to California law. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a Wireless Telecommunications Collocation Facility.

B. Definitions. For the purposes of this section, the following terms are defined as follows:

  1. “Collocation Facility” means the placement or installation of Wireless Facilities, including Antennas, and related Equipment, on, or immediately adjacent to, a Wireless Telecommunications Collocation Facility.

  2. “Wireless Telecommunications Facility” means Equipment and network components such as Towers, Utility Poles, transmitters, Base Stations, and emergency power systems that are integral to providing Wireless Telecommunications Services.

  3. “Wireless Telecommunications Collocation Facility” means a Wireless Telecommunications Facility that includes Collocation Facilities.

C. Procedures. An application for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6 shall be processed in the same manner as an application for 6409(a) approval is processed, except that where the process requires justification for the 6409(a) approval, the applicant shall instead provide the justification for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6.

D. Requirements. All requirements, regulations, and standards set forth in this section for a Wireless Telecommunications Facility shall apply to a Wireless Telecommunications Collocation Facility; provided, however, the following shall also apply to a Wireless Telecommunications Collocation Facility:

  1. The applicant for a Wireless Telecommunications Collocation Facility permit shall describe or depict:

a. The Wireless Telecommunications Collocation Facility as it will be initially built; and

b. All Collocations at full build-out, including, but not limited to, all Antennas, Antenna support structures, and Accessory Equipment.

  1. Any Collocation shall use screening methods substantially similar to those used on the Existing Wireless Telecommunications Facilities unless other optional screening methods are specified in the conditions of approval.

  2. A Wireless Telecommunications Collocation Facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the Wireless Telecommunications Collocation Facility.

E. Permitted Use. Notwithstanding any other provision of this section, a subsequent Collocation on a Wireless Telecommunications Collocation Facility shall be a permitted use only if all of the following requirements are satisfied:

  1. The Wireless Telecommunications Collocation Facility:

a. Was approved after January 1, 2007, by discretionary permit;

b. Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration;

c. Otherwise complies with the requirements of California Government Code Section 65850.6(b), or its successor provision, for addition of a Collocation facility to a Wireless Telecommunications Collocation Facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this section and the conditions of approval in the Wireless Telecommunications Collocation Facility permit;

d. The Collocations were specifically considered when the relevant environmental document was prepared for the Wireless Telecommunications Collocation Facility; and

e. Before Collocation, the applicant seeking Collocation shall obtain all other applicable non-discretionary permits, as required pursuant to the Fairfield Municipal Code.

F. New or Amended Permit. Except as otherwise provided above, approval of a new or amended permit shall be required when the facility is modified other than by Collocation in accordance with this section, or the proposed Collocation:

  1. Increases the height of the Existing permitted Telecommunications Tower or otherwise changes the bulk, size, location, or any other physical attributes of the Existing permitted Wireless Telecommunications Collocation Facility unless specifically permitted under the conditions of approval applicable to such Wireless Telecommunications Collocation Facility; or

  2. Adds any microwave dish or other Antenna not expressly permitted to be included in a Collocation facility by the conditions of approval.

G. Appeals. Notwithstanding any provision of the Fairfield Zoning Code to the contrary, any applicant may appeal a decision by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable. The appeal must be filed within 10 days from the Reviewing Authority’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the applicable Reviewing Authority taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in this section. The decision of the city manager shall be final and not subject to any further administrative appeals. (Ord. No. 2021-09, § 3.)

25.33.17 Business License

A permit issued pursuant to this Wireless Telecommunications Ordinance shall not be a substitute for any business license otherwise required under the Fairfield Municipal Code. (Ord. No. 2021-09, § 3.)

25.33.18 Emergency Deployment

In the event of a declared federal, state, or local emergency, or when otherwise warranted by conditions that the Director of Public Works deems to constitute an emergency, the Director of Public Works may approve the installation and operation of a temporary Wireless Telecommunications Facility (e.g., a cell on wheels or “COW”), which is subject to such reasonable conditions that the Director of Public Works deems necessary. (Ord. No. 2021-09, § 3.)

25.33.19 Operation and Maintenance Standards

A. All Wireless Telecommunications Facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within 72 hours:

  1. After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

  2. After permittee, owner, operator, or any designated maintenance agent receives notification from a resident, the Director of Community Development (Community and Economic Development) or the Director of Public works, as the case may be.

  3. All facilities, including, but not limited to, Telecommunication Towers, Poles, Accessory Equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility Site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

  • a. General dirt and grease;

  • b. Chipped, faded, peeling, and cracked paint;

  • c. Rust and corrosion;

  • d. Cracks, dents, and discoloration;

e. Missing, discolored, or damaged artificial foliage or other camouflage;

  • f. Graffiti, bills, stickers, advertisements, litter and debris;

  • g. Broken and misshapen structural parts; and

  • h. Any damage from any cause.

  1. All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director of Community Development (Community and Economic Development).

  2. The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

  3. Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radio frequency emissions standards.

  4. Each facility shall be operated and maintained to comply at all times with the noise regulations of this section and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.

  5. If a flagpole is used for camouflaging a Wireless Telecommunications Facility, flags shall be flown and shall be properly maintained at all times.

  6. Each owner or operator of a facility shall routinely inspect each Site to ensure compliance with the standards set forth in this section and the conditions of approval. (Ord. No. 2021-09, § 3.)

25.33.20 No Dangerous Conditions or Obstructions Allowed1

No person shall install, use or maintain any Wireless Telecommunications Facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such Site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of Poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture, or other objects permitted at or near said location. (Ord. No. 2021-09, § 3.)

25.33.21 Permit Expiration2

A permit for any Wireless Telecommunications Facility shall be valid for a period of 10 years, unless the original entitlement states otherwise or the Director of community development authorizes a longer period or pursuant to another provision of the Fairfield Zoning Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.

A. Permit Extensions. A permittee may apply for extensions of its permit in increments of no more than the original term (ten years) and no sooner than twelve months prior to expiration of the permit.

  1. If a permit has not expired at the time an application is made for an extension, the Director of Public Works, the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, may administratively extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and

conditions of approval under which the application was originally approved, as well as any other applicable provisions of the Fairfield Zoning Code that are in effect at the time the permit extension is granted.

  1. At the Director of Public Works’ or the Director of Community Development’s (Community and Economic Development) discretion, as applicable, additional studies and information may be required of the applicant.

  2. If the Director of Public Works or the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Fairfield Zoning Code that are then in effect at the time of permit expiration, the applicant shall cause the facility to be in compliance prior to any extension of the permit term. The Director of Public Works or the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, shall not extend the term of the permit prior to his or her confirmation of the applicant’s compliance with the applicable provisions of the Fairfield Zoning Code in effect at the time.

  3. If the permit expired before the application is made for an extension, the request for an extension shall be decided by the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, provided he or she seeks consultation with the city attorney prior to approving or denying the request.

  • B. Cessation of Use or Abandonment.
  1. A Wireless Telecommunications Facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide Wireless Telecommunications Services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

  2. The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted Site or a nonconforming Site (including unpermitted Sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, of any discontinuation of operations of 30 days or more.

  3. Failure to inform the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, of cessation or discontinuation of operations of any Existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

  • a. Prosecution;

  • b. Revocation or Modification of the permit;

  • c. Calling of any bond or other assurance required by this section or conditions of approval of the permit;

d. Removal of the facilities by the City in accordance with the procedures established under the Fairfield Municipal Code for abatement of a public nuisance at the owner’s expense; and

  • e. Any other remedies permitted under the Fairfield Municipal Code.

  • C. Removal and Restoration, Permit Expiration, Revocation or Abandonment.

  1. Permittee’s removal obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its Wireless

Telecommunications Facility and restore the Site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety

requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

  1. Failure to remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Fairfield Municipal Code, and be grounds for:

a. Prosecution;

  • b. Calling of any bond or other assurance required by this section or conditions of approval of permit;

c. Removal of the facilities by the City in accordance with the procedures established under the Fairfield Municipal Code for abatement of a public nuisance at the owner’s expense; or

d. Any other remedies permitted under the Fairfield Municipal Code.

  1. Summary removal. In the event the Director of Public Works determines that the condition or placement of a Wireless Telecommunications Facility located in the Public Right-of-Way constitutes a dangerous condition, obstruction of the Public Right-of-Way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director of Public Works may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.

  2. Removal of facilities by City. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted, if applicable, and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Fairfield Zoning Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City due to exigent circumstances. (Ord. No. 2021-09, § 3.)

25.33.22 Effect on Other Ordinances3

Compliance with the provisions of this section shall not relieve a person from complying with any other applicable provision of the Fairfield Municipal Code, including but not limited to obtaining any necessary encroachment or building permits. In the event of a conflict between any provision of this section and other provisions of the Fairfield Municipal Code, this section shall control. (Ord. No. 2021-09, § 3.)

1

Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.18. It has been editorially renumbered to prevent duplication.

2

Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.19. It has been editorially renumbered to prevent duplication.

3

Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.19. It has been editorially renumbered to prevent duplication.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2513.html

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SECTION 25.34 PARKING AND LOADING

Sections:

25.34.1 Purpose 25.34.2 Applicability 25.34.3 General Parking and Loading Regulations 25.34.4 Number of Parking Spaces Required 25.34.5 Adjustments to Off-Street Parking Requirements

25.34.6 Compact Car Spaces 25.34.7 Handicapped Parking

25.34.8 Bicycle Parking 25.34.9 Access to Parking Areas and Parking Stalls

25.34.10 Landscaping 25.34.11 Loading Areas

25.34.1 Purpose

This Section provides off-street and loading regulations to:

A. Provide for the general welfare and convenience of the City by ensuring sufficient parking facilities to meet the needs generated by a specific use;

B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities in proportion to the needs of the proposed use;

C. Increase public safety by reducing congestion of public streets;

D. Encourage the use of alternative modes of transportation and other trip reduction methods; and

  • E. Ensure access and maneuverability for emergency vehicles.

25.34.2 Applicability

Every use including a change or expansion of a use or structure shall provide the required off-street parking and loading areas in compliance with the provisions of this Section. A use shall not be commenced and structures shall not be occupied until improvements required by this Section are satisfactorily completed.

25.34.3 General Parking and Loading Regulations

A. Reservation of parking and loading areas. All covered and uncovered off-street parking and loading facilities required by this Section shall be maintained and reserved for parking and loading purposes for the life of the use or facility.

B. Location. Off-street parking areas shall be provided on the subject site, including the boundary of a shopping center, and outside any public rights-of-way. Parking may be located on a parcel abutting the parcel served, subject to a recorded reciprocal parking and access easement. This covenant shall run with the life of the project to guarantee that the required parking is maintained and reserved for the subject activity.

C. Maintenance. All parking facilities, including curb directional markings, disabled symbols, landscaping, signs, striping, and wheel stops, and other facilities, shall be permanently maintained by the property owner in good repair, free of litter and debris, potholes, obstructions, and stored material.

D. Parking and loading to be unrestricted. Owners, lessees, tenants or persons having control of the operation of the premises for which parking and loading spaces are required by this Section shall not prevent, prohibit or restrict authorized persons from using these spaces without written approval of the Director.

E. Selling of items. No person shall park a vehicle, trailer, or other personal item upon public or private parking lot or property for the purpose of displaying the vehicle, trailer, or other personal item unless the person/vendor is approved by the City to conduct business at the location. This provision excludes the sale of legally parked personal vehicles and garage sales at one’s residence.

F. Walls may be required. Where a non-residential parking facility abuts a residential development, a wall may be required. See Section 25.30.3 (Screening Between Uses).

G. Temporary reduction. The Director of Community Development may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for not more than 30 days in any calendar year.

25.34.4 Number of Parking Spaces Required

Each use shall provide at least the minimum number of off-street parking spaces required by this Section, unless an exception has been granted through approval of a land use or development permit.

A. Parking requirements by land use. Each land use shall be provided the number of parking spaces required by Table 25-17: Parking Spaces Required by Land Use.

B. Additional requirements. The review authority, as a condition of land use permit approval, may require additional spaces, where applicable.

C. Uses not listed. Land uses not specifically listed by Table 25-17 shall provide parking as required by the review authority upon recommendation of the Director. The review authority shall use the requirements of this table, as a general guide, in determining the minimum number of off-street parking spaces to be provided.

D. Rounding of quantities. When a calculation of the number of parking spaces required results in a fraction of 0.50 or more, the number of required parking spaces shall be rounded up to the next whole number. Where multiple calculations are used, the total sum shall be rounded up to the next whole number.

E. Expansion of existing structure, change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces for the enlargement or increase in capacity or

intensity shall be provided in compliance with this Section. Parking for buildings additions in the HO, HD, and HDC zoning districts may be exempt from this requirement, as described in section 25.28.3 (E).

Table 25-17: Parking Spaces Required by Land Use Table 25-17: Parking Spaces Required by Land Use Table 25-17: Parking Spaces Required by Land Use
Use Minimum Parking Required Applicable
Sections

Agriculture

Agricultural processing 1 spaces per 750 s.f. of bldg. area
Animal stable As determined by review authority
Animal sales yard, feed lot, stockyard, or
slaughterhouse
1 space per 750 s.f. of bldg. area
and 20,000 s.f. of feed
lot/stockyard area
Grazing, crop production (including plant
nurseries)
Note 1
Mining, surface or subsurface As determined by review authority
Seasonal sale of produce grown on-site Note 1
Well, commercial As determined by review authority

Note 1: Improved off-street parking is not required, as long as sufficient usable area is provided to meet the parking needs of all employees, visitors, and loading activities entirely on the site of the use.

Education and Training

Child daycare center 1 space for each 5 children at
maximum design (drop-of spaces
may be counted toward meeting
this requirement)
Personal instruction studio 1 space per 150 s.f. of foor area
Table 25-17: Parking Spaces Required by Land Use Table 25-17: Parking Spaces Required by Land Use
--- --- ---
Use Minimum Parking Required Applicable
Sections
Museum, library, or gallery 1 space per 400 s.f. use area
Reading room 1 space per 200 s.f. foor area
School - college and university As determined by review authority
School - elementary and middle 2 spaces per classroom
School - high school As determined by review authority
School, business 1 space per 200 s.f. foor area
School, vocational 1 space per 300 s.f. foor area
Zoo As determined by review authority
Entertainment or Recreation Related
Athletic club 1 space per 150 s.f. foor area,
plus 2 spaces for each sport court
(e.g., tennis, racquetball, etc.)
Campground As determined by review authority
Commercial recreation (all uses except
the following)
1 space per 150 s.f. foor area
Bowling alley 4 spaces per lane for that area
devoted to bowling, plus parking
required for any restaurant, bar or
other commercial recreation use
Dance hall See “auditorium"
Table 25-17: Parking Spaces Required by Land Use Table 25-17: Parking Spaces Required by Land Use
--- --- ---
Use Minimum Parking Required Applicable
Sections
Swimming pool (as a primary use of a
site)
1 space per 35 s.f. of pool surface
area
Roller skating or ice rink 1 space per 300 s.f. foor area
Equestrian facility 1 space for each 4 stalls
Firearm or archery range 1 space per fring line (if individual
lines are not delineated, 10 lineal
feet of line width shall be
considered a fring line)
Fish or game club Note 1 above (following
Agriculture)
Golf course (with or without driving
range)
10 space per hole
Golf driving range 1.5 spaces per tee (if individual
tees are not delineated, 10 lineal
feet of tee width shall be
considered a tee)
Land preserve Note 1 above (following
Agriculture)
Stadium or arena 1 space per 4 fxed seats
Theater 1 space per 4 fxed seats, or 1
space per 50 s.f. of assembly area
with no fxed seating
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections

Food Service

Bar 1 space for each 3 seats or 1
space per 100 s.f. of foor area,
whichever is greater
Note 2
Catering services 1 space per 200 s.f. foor area
Food and beverage sales 1 space per 200 s.f. foor area
Restaurant, counter service 1 space per 80 s.f. of foor area Note 2
Restaurant, table service 1 space for each 3 seats or 1
space per 100 s.f. of foor area,
whichever is greater
Note 2

Note 2: Outdoor seating which numbers less than 25 percent of indoor seating is exempt from the parking requirement. Additional outdoor seating area shall be calculated at one-half of the requirement in this table.

General Retail

New merchandise sales 1 space per 200 s.f. foor area Note 6
Used merchandise sales 1 space per 200 s.f. foor area Note 6
Building or landscape material sales 1 space per 300 s.f. of foor area,
plus 1 space for each 1000 s.f. of
outdoor display area
Furniture, fxtures, and appliance sales 1 space per 300 s.f. use area
Plant nursery - landscape 1 space per 500 s.f. of foor area,
plus 1 space for each 2,000 s.f. of
outdoor display area
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections
Shopping centers: Note 3
with less than 80,000 s.f. of foor area 1 space per 200 s.f. foor area
with 80,001 s.f. foor area or more 1 space per 250 s.f. foor area

Note 3: Within shopping centers, individual uses shall not be calculated separately.

Note 6: For individual retailers over 80,000 square feet in size, the Shopping center rate applies

General Services

Auction Parking for ofce, warehouse and
outdoor storage area required per
this table, plus assembly area at 1
space per 4 fxed seats or 1 space
per 50 s.f. of assembly area with
no fxed seating
Boarding house 1 space per guest unit
Business support services 1 space per 200 s.f. foor area
Funeral and internment services 1 space per 4 fxed seats, or 1
space per 50 s.f. of assembly area
with no fxed seating
Maintenance & repair, machinery & small
engine
1 space per 400 sq. ft. foor area
Maintenance & repair, personal and
household items
1 space per 400 sq. ft. foor area
Mini-warehouse 2 spaces, plus 1 space per 10,000
s.f. foor area
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections
Overnight lodging 1 space per guest unit
Personal care and domestic services 1 space per 200 s.f. foor area
Recycling collection facility 1 space per 400 s.f. foor area
Spa and massage therapy 1 space per 200 s.f. foor area
Health and Veterinary Services
Ambulance service 1 space per 200 s.f. foor area
Animal clinic, hospital or grooming 1 space per 200 s.f. foor area
Animal kennel 1 space per 500 s.f. of foor area
Emergency medical care 1 space per 200 s.f. foor area
Hospital 1 space for each patient bed, plus
1 space for each 2 employees on
the maximum shift
Nursing or rest home 1 space for each 5 patient beds,
plus 1 space for each 2 employees
on the maximum shift
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections
Industry
Contractor’s yard Parking for ofce, warehouse and
outdoor storage area required per
this table
Handicraft shop 1 space per 300 s.f. foor area
Industrial services 1 space per 500 s.f. foor area
Laboratory, processing 1 space per 500 s.f. foor area
Manufacturing and Assembly: 1 space per 750 s.f. of foor area,
plus 1 space per 10,000 s.f. of
outdoor use area
Multi-use/fex buildings (with up to 30%
ofce area)
1 space per 500 s.f. foor area
Ofce use in industrial facility or zoning
district
1 space per 250 s.f. foor area
Outdoor Storage 1 space per 10,000 s.f. foor area
Waste Diversion and Material Recovery 1 space per 1000 s.f. foor area,
plus 1 space per 10,000 of outdoor
use area
Wholesale, Storage and Distribution: Note 4
frst 10,000 s.f. of foor area 1 space per 1000 s.f. foor area
foor area from 10,000 s.f. up to 40,000
s.f.
1 space per 1500 s.f. foor area
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections
foor area more than 40,000 s.f. 1 space per 3000 s.f. foor 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. foor area
Bail bond service 1 space per 200 s.f. foor area
Check cashing service 1 space per 200 s.f. foor area
Ofces:
Admin & business, professional &
personal service
Note 5
frst 5,000 s.f. of foor area 1 space per 200 s.f. foor area
foor area more than 5,000 s.f. 1 space per 250 s.f. foor area
Medical and dental 1 space per 200 s.f. foor area
Government 1 space per 200 s.f. foor 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

Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
Use Minimum Parking Required Applicable
Sections
Cemetery or mausoleum As determined by review authority
Church or other place of worship 1 space per 4 fxed seats in
sanctuary, or 1 space per 50 s.f. of
assembly area with no fxed
seating
Auditorium, dance hall, exhibition hall or
meeting hall
1 space per 4 fxed seats, or 1
space per 50 s.f. of foor area used
for assembly, exhibitions or
dancing with no fxed seats
Community center As determined by review authority
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).
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.) Table 25-17: Parking Spaces Required by Land Use (cont.) 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 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.
Mobile home See residential development
regulations
§
25.20.4.6
Transitional housing The comparable parking standard
for the base zone (§
25.20.3).
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections

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

Vehicle and Equipment Sales and Service

Automobile and vehicle related:
Accessory equipment sales 1 space per 200 s.f. foor area
Automobile and truck rental 1 space per 200 s.f. of ofce foor
area, plus 1 space per 400 s.f. of
maintenance foor area
Large equipment sales 1 space per 400 s.f. foor area, plus
1 space per 2000 s.f. outdoor
sales area
Maintenance and repair 1 space per 200 s.f. of ofce foor
area, plus 1 space per 400 s.f. of
maintenance foor area
Recreational vehicle, boats, trailer
sales
1 space per 400 s.f. foor area, plus
1 space per 2000 s.f. outdoor
sales area
Service station 1 space per 200 s.f. of ofce or
retail foor area, plus 1 space per
400 s.f. of maintenance foor area
Vehicle sales 1 space per 400 s.f. foor area, plus
1 space per 2000 s.f. outdoor
sales area
Vehicle storage or impound yard 1 space per 200 s.f. foor area
Equipment rental (indoor) 1 space per 200 s.f. foor area
Equipment rental (outdoor) 1 space per 400 s.f. foor area, plus
1 space per 2000 s.f. outdoor
Table 25-17: Parking Spaces Required by Land Use (cont.) Table 25-17: Parking Spaces Required by Land Use (cont.)
--- --- ---
Use Minimum Parking Required Applicable
Sections
sales area

F. Multiple uses on a single site. A site or facility proposed for multiple tenants or uses (for example, a building with groundfloor retail shops and second floor offices) shall provide the aggregate number of parking spaces required for each separate use. Where the site is developed as a shopping center, the parking ratio shall be that required for “Shopping Center Projects", as provided in Table 25-17.

G. Parking required by permits, Development Agreements, Planned Development zones or Specific Plans. Parking requirements established by Parking Overlay District, Development Agreement, Planned Development Zoning, Specific Plan, or other similar entitlements supersede the number of spaces required by this Section.

H. Bench or bleacher seating. For the purpose of calculating the number of required parking spaces where bleachers or benches are proposed, a seat shall be construed to be not less than 24 inches of continuous bleacher or bench space.

I. Company-owned vehicles. The number of parking spaces required by this Section does not include places for the parking of company-owned vehicles. Parking spaces for company-owned vehicles shall be provided, as determined by the approving authority, in addition to the requirements for a particular land use.

J. "Floor Area” as used in this section. For purposes of this section, floor area means all enclosed areas of a building, excluding restrooms, mechanical space, elevator shafts, stairwells, court yards/atriums, and permanent storage areas which due to design and location cannot be converted to useable floor area. (Ord. No. 2014-03, § 2; Ord. No. 2018-03, § 11; Ord. No. 2018-06, § 7; Ord. No. 2025-01, § 12; Ord. No. 2026-01, § 10.)

25.34.5 Adjustments to Off-Street Parking Requirements

Adjustments to the off-street parking requirements may be made as identified below. The Director may require a parking study prepared by a qualified traffic engineer to justify any requested adjustment.

A. Shared parking program. Where two or more non-residential uses are separate and distinct but share a common or interconnected parking facility, up to a 25 percent reduction of the required number of parking spaces may be approved subject to the following criteria:

  1. The uses have substantially different peak traffic usage periods, (e.g., a theater and a bank) or share customers (e.g., a barber shop and a tailor). The Director may require a parking study prepared by a registered traffic engineer that analyzes parking demands to justify the fewer number of spaces.

  2. A reciprocal parking and access easement agreement, that shall run with the life of the project, is recorded with the County Assessor.

B. Office project reduction. The Director may reduce the amount of required parking spaces up to 10 percent when an office building contains more than 20,000 square feet of floor area. This reduction shall not be applied to projects with a recorded shared parking program per Section 25.34.5(A), Shared Parking Program. The Director shall consider the following factors in determining whether a reduction is appropriate:

  1. Availability of public transit;

  2. Feasibility of implementing a vanpool or ride-sharing programs;

  3. Mix of office uses and floor plan which depicts lower parking demand;

  4. Adequacy of public and private parking facilities in the vicinity; and

  5. Fully integrated parking is defined by having full accessibility from all portions of the property, even distribution and recorded rights of reciprocal access and parking.

C. Parking set-aside area for industrial projects. Where an industrial user who, due to the characteristics of the activity, proposes substantially fewer parking spaces than the number required by this Ordinance, a parking set-aside area may be approved by the City. Approved parking set-aside areas shall be documented in a recorded agreement between the property owner and the City.

  1. Application requirement. At the time of project approval, the applicant shall submit a site plan with all parking facilities required by this Ordinance with designated set-aside areas to be reserved for future parking.

  2. Set-aside area design. The set-aside parking shall be located on-site and may remain undeveloped, improved as landscaping, or other form as approved by the City.

  3. Change in use or change in operational characteristics. If a change in use or change in operational characteristics of the use requires additional parking facilities, the City shall require the conversion of the set-aside area, or portions thereof, to an approved parking facility prior to the establishment or increased intensity of the use.

D. Projects within one-half mile of a public transit stop. Projects that are located within one-half mile of a public transit stop, as defined in Public Resources Code Section 21155, shall not be subject to off-street parking requirements, if they meet the criteria set forth in Government Code Section 65863.2. (Ord. No. 2014-03, § 2; Ord. No. 2025-01, § 12.)

25.34.6 Compact Car Spaces

Compact car spaces shall be a minimum of 8 feet by 15 feet in size and shall be clearly marked “Compact Only” in letters 12 inches high and 7 inches wide. A two-foot length reduction shall be permitted for any space fronting on a landscape planter island greater than seven feet in depth or walkways six feet or greater in width.

Compact car spaces may be approved as follows:

A. Industrial developments and office uses. Where the principal use of a parking lot is long term (e.g., designated for employee parking), parking lots with 30 or more spaces may include compact car spaces for up to 35 percent of the total number of required spaces.

B. All other uses. Parking lots with 30 or more spaces may include compact car spaces for up to 25 percent of the total number of required spaces. For multifamily development projects, this standard shall apply only to uncovered parking spaces.

C. Location. Compact spaces shall be dispersed throughout the parking lot in locations which are no more or less convenient than the locations of standard size spaces, as determined by the Director.

25.34.7 Handicapped Parking

Parking areas shall include parking spaces accessible to the disabled in compliance with this Subsection.

A. Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with the California Building Code of Regulations.

B. Reservation of spaces required. Disabled accessible spaces required by this Section shall be reserved by the property owner or tenant for use by the disabled throughout the duration of the approved land use.

25.34.8 Bicycle Parking

New multifamily residential development projects or any project within a commercial zoning district shall provide one bicycle storage space for each 25 automobile parking spaces required by this Ordinance. New development projects within any industrial zoning district shall provide one bicycle storage space for each 50 automobile parking spaces required.

Commercial/residential projects required to provide 24 or fewer automobile parking spaces or industrial projects required to provide 49 or fewer spaces shall not be required to provide bicycle parking.

25.34.9 Access to Parking Areas and Parking Stalls

A graphic representation of the terms used in this Section is referenced by Figure 25-6: Parking Lot Design.

A. Design and number of driveways. The number of driveways providing ingress and egress to the site shall comply with the City of Fairfield Standard Specifications and Details. The number of driveways for any project shall be minimized.

B. Driveway length. All driveway lengths between the property line and the first parking stall or intersecting aisle shall be designed to serve the anticipated traffic to the site without unduly impeding off-site traffic flow. The minimum driveway length shall be 15 feet.

C. Interconnected on-site circulation. All parking and circulation shall be located on-site or approved abutting property. Vehicles shall not have to enter the public right-of-way to access any other parking area on a site. Designated employee parking is exempt from this requirement.

D. Forward motion requirement. Parking and loading areas, excluding single-family dwellings, shall be designed so that any vehicle entering public roadway can do so traveling in a forward direction. Alleyways are exempt from this requirement.

E. Surface. Parking stalls, driveways, drive aisles, and maneuvering areas shall be surfaced with asphalt, concrete, or other comparable surface so as to provide a durable and dust-free surface. The surface shall be graded and drained as required by the Department of Public Works.

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Figure 25-6: Parking Lot Design

F. Dimensions - standard stalls. Standard parking spaces shall measure 9 feet by 19 feet. A two-foot length reduction shall be permitted for any space fronting on a landscape planter island greater than seven feet in depth or walkways six feet or greater in width.

G. Layout. The applicable minimum dimensions shown in Figure 25-7: Parking Lot Layout shall apply to the layout of parking stalls.

H. Markings. Each parking stall shall be clearly marked with double or hairpin lines of a minimum of four inches in width.

I. Vertical clearance. A minimum unobstructed vertical clearance of 14 feet shall be maintained above vehicle drive aisles.

J. Secured parking areas. Where gated or otherwise secured parking areas are proposed, the proposal shall be reviewed by all applicable departments of the City and comply with all applicable Zoning Ordinance provisions, Building Codes, Fire Codes,

and any other applicable regulations. Adequate vehicle turn-around space (in a forward direction) shall be provided between the gate and the public right-of-way.

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

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Figure 25-7: Parking Lot Layout

(Ord. No. 2011-03, § 2.)

25.34.10 Landscaping

In addition to any landscaping required by other sections of this Ordinance, landscaping shall be provided within parking lots as follows:

A. Landscaping areas adjacent to parking areas shall be a minimum dimension of five feet in width and enclosed by a six-inch concrete curb (total width: six feet).

B. One tree shall be provided within the parking area for every 10 parking stalls provided along the parking lot periphery. Within the project’s internal parking area, one tree in a six-inch curbed enclosure shall be provided for each eight spaces. Placement of the trees may include clustering. Required landscaping shall include a combination of low maintenance ground cover, shrubs, and trees.

C. All landscape areas shall be served by an underground water irrigation system.

25.34.11 Loading Areas

A. Exemption. This Section shall not apply to the HD or HDC zoning district.

B. Applicability and requirements. All other zoning districts not preempted elsewhere in the Zoning Ordinance shall comply with loading area requirements of this Section.

C. New buildings 10,000 square feet or more. All new buildings, or portion thereof, having a gross floor area of 10,000 square feet or more per tenant occupancy that is intended for manufacturing, assembly, storage, warehousing, retail sales, hotels and motels, hospitals, funeral internment services, commercial laundry establishments, or other similar uses, requiring the receipt or distribution by vehicles of material or merchandise, shall provide and maintain on the same property as the building, a minimum of one off street loading space per tenant occupancy. One additional loading space shall be required for each additional 20,000 square feet of gross floor area per tenant occupancy thereafter.

D. Development standards.

  1. Loading space dimensions. Loading spaces shall be not less than 10 feet in width, 25 feet in length, with a minimum vertical clearance of 14 feet.

  2. Screening. Loading areas abutting residentially zoned properties shall be screened in accord with Section 25.30.2 (Fences, Walls, and Hedges).

  3. Striping. Loading areas shall be striped indicating the loading spaces and identifying the space for “Loading Only”. The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. (Ord. No. 201806, § 8.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2514.html

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SECTION 25.36 TREE CONSERVATION

Sections:

25.36.1 Purpose and Intent 25.36.2 Defnitions 25.36.3 Protected Trees 25.36.4 Prohibited Acts and Penalties 25.36.5 Administrative Tree Removal Permits 25.36.6 Tree Conservation and Mitigation Planning During Projects that Require City Review 25.36.7 Tree Removal Criteria 25.36.8 Conservation of Public Trees 25.36.9 Mitigation Requirements 25.36.10 Emergency Exemption 25.36.11 Adopt-A-Tree Program

25.36.1 Purpose and Intent

The City of Fairfield lies in a valley and foothill landscape dotted with native oaks and other trees. Over time, residents have planted many trees as they settled in the community. These trees, native and imported, provide beauty and protection from

summer heat, increase property values, enhance community pride, preserve wildlife habitat, reduce air and noise pollution, and reduce soil erosion. Because of these benefits, the City has determined that it is necessary for the public health and welfare to conserve tree resources by protecting significant trees from unnecessary destruction or removal, encouraging the replacement of trees lost to disease, natural hazards, or human intervention. The City has also determined that street trees, park trees, and other trees on public lands ("public trees") contribute to the quality of life in the community. The intent of this ordinance is to establish mechanisms and policies for protecting public trees from unnecessary removal, maintaining public trees in good health, and replacing public trees where necessary so that the community may continue to enjoy the many benefits associated with trees.

This ordinance is enacted to:

  • A. Protect trees during the development process.

  • B. Promote the conservation of tree resources.

  • C. Protect the City’s public, park, and street trees.

  • D. Permit the reasonable use of property while conserving the City’s public and private tree resources.

E. Facilitate the planting and maintenance of Public Trees by civic groups, neighborhood organizations, businesses, and homeowners.

25.36.2 Definitions

  • A. Parkway Strip: A strip of land located:
  1. Between the edge of the street or curb and outer edge of the sidewalk, or

  2. Within the public planting/landscaping easement.

  • B. Protected Tree: A tree listed in Section 25.36.3 and protected by this ordinance.

C. Public Tree: Trees located on public property, including trees in parks, trees in public rights-of-way, trees in parkway strips, and trees in median islands.

D. Theme Trees: Trees which have been selected and approved for a development project because they contribute specific aesthetic, cultural, or environmental benefits to the City or the project.

25.36.3 Protected Trees

The following trees are hereby designated as protected trees by this ordinance:

  • A. All trees on public property.

  • B. Trees planted or preserved on private property or within the public right of way which were:

  1. Required by the City as a condition of approval for the project; or

  2. Shown on a landscape drawing or plan for a project approved by the City.

C. The following species of trees located on undeveloped private properties which exceed 6 inches in caliper or diameter at breast height. Breast height is measured at a point located 4-1/2 feet above the existing ground level of the tree:

1. Native Oaks Quercus
2. Bay Laurel Umbelluraria californica
3. Madrone Arbutus menziesi
--- --- ---
4. Buckeye Aesculus californica

D. Trees or groups of trees having one or more of the following characteristics, as determined by the City during project review or through special studies:

  1. Demonstrated habitat value.

  2. Historical or cultural value, as documented by published sources.

  3. Important aesthetic value.

  4. Uniqueness or rarity.

  5. Unusual size or age.

25.36.4 Prohibited Acts and Penalties

A. Prohibited acts. Except as authorized by a Tree Removal Permit as defined in Section 25.36.5, or unless authorized as part of discretionary project approval by the Department, the Commission, or the City Council, or per the Public Tree Conservation Policies, established in Section 25.36.8, and/or as adopted by resolution of the Council, it shall be unlawful for any person or City department to remove, cut down, conduct excessive unnatural pruning, topping, or disfigurement of any protected tree, or perform any act which results in the premature death or decline of a protected tree.

B. Penalties. Every individual violation of this ordinance shall constitute an infraction as provided for in Section 1.7 of the City Code. Said violations shall be subject to Administrative Citations and other penalties as established in the City Code.

In addition, parties who violate this Ordinance shall be required to complete additional mitigation, including the planting of mitigation trees at a penalty ratio as established in Section 25.36.9D.

25.36.5 Administrative Tree Removal Permits

A. Permit requirement. Any person proposing to remove a protected tree not as part of a project subject to review by the Department, the Commission, or the Council, or where such removal is not subject to the Public Tree Conservation Policy referenced in Section 25.36.8 shall make application to the Director of Community Development for a Tree Removal Permit. The application must be submitted prior to the time desired to physically perform the regulated activity, and the permit shall be processed in accordance with the procedures for Minor Discretionary Approval items (see Section 25.40.4).

B. Application contents. An application for administrative tree removal permit shall contain:

  1. A brief statement of the reasons for the removal of the protected tree(s), with documentation that one or more of the Tree Removal Criteria described in Section 25.36.7 below exist. The Department may require a report or letter from a certified arborist, horticulturist, botanist, or other qualified person confirming the criterion has been met;

  2. Written consent of the owner of record of the land on which the proposed activity is to occur; and

  3. Any other relevant information deemed necessary by the Director.

C. Director review. The Director shall review the request for tree removal based on the criteria established in Section 25.36.7.

D. Mitigation requirements. The Director may require mitigation as a condition of approval for the Tree Removal Permit. If required, mitigation shall be in accordance with Section 25.36.9.

25.36.6 Tree Conservation and Mitigation Planning During Projects that Require City Review

A. An applicant proposing to remove (a) protected tree(s) as part of a project which otherwise requires review and action by City staff, the Commission, or the City Council, shall provide the following information to the City for use during project review:

1. A scaled drawing showing:

a. All protected trees that the applicant is proposing to preserve that might be impacted by development. These trees should be identified by species or type, condition, and size.

b. All protected trees proposed for removal. The applicant shall provide a table summarizing the size (diameter), condition, species, and other pertinent information such as canopy size. The applicant shall indicate the reason(s) for the removal of any protected tree. The City will review the tree removal requests based on the criteria in Section 25.36.7.

B. Prior to issuance of a grading permit or building permit, the applicant shall provide a detailed mitigation plan. The plan shall address the following issues:

  1. Mitigation of potential impacts on preserved protected trees. If construction activities could impact protected trees which are to be preserved, the applicant shall provide a mitigation plan that indicates construction practices, tree care measures, irrigation methods, if any, aeration techniques, retaining walls and other grading improvements, and other measures which could increase the survival rates of trees to be saved. All construction projects that would impact the area underneath a protected tree’s dripline shall comply with City standards for acceptable construction practices adopted by the Planning Commission with the advice of the Open Space Commission.

  2. Mitigation of trees removed during development.

a. On-site mitigation. When on-site mitigation is proposed, the plan shall indicate tree planting locations, size and species of trees to be planted, and planting and irrigation methods.

b. Off-site mitigation. Because removal of protected trees has neighborhood and citywide impacts, as well as site-specific impacts, off-site mitigation is appropriate to help preserve the City’s overall quality of life and tree resources. Mitigation measures help preserve the extent and value of the City’s public and private tree resources. Off-site mitigation may be appropriate when on-site mitigation is not possible, when another site is available and preferred for mitigation planting, and a reasonable relationship exists between the impacts being created as a result of the tree removal and the benefits of the off-site mitigation. The Department of Community Development may approve one or both of the following two options for off-site mitigation:

  1. The applicant implements a specific mitigation plan for an off-site location approved by the City which incorporates planting, irrigation, and monitoring (and replacement) for a five year period. The City may require a deposit to ensure that maintenance activities are implemented.

  2. If a specific site has not been identified, the applicants may pay an in-lieu fee equal to the reasonable expenses incurred by the City or its contractors in installing off-site mitigation trees.

25.36.7 Tree Removal Criteria

As discussed in Section 25.36.1 (Purpose and Intent), the City has determined that trees have significant public value. Loss of trees results in less shade, increased impacts due to air and noise pollution, reduced wildlife habitat, and a less attractive community. It is the intent of the City to protect the quality of life in the community by encouraging the conservation of tree resources. Protected trees should only be removed when their condition or circumstances require removal of the trees. In general, this can be demonstrated only if at least one of the following conditions exist:

A. The tree has been damaged by thunderstorms, windstorms, floods, earthquakes, fires, life-threatening illness, or other natural disasters, and it is determined to be dangerous to the public health and safety.

B. There is no feasible alternative to removal of the tree which will allow the owner reasonable use of the property permitted under the zoning ordinance and/or general plan.

C. The applicant provides written documentation from a utility or City department that continued existence of the tree interferes with existing utilities or structures.

D. The tree is dead or in a state of severe irreversible decline, as defined by an arborist or equally qualified individual.

E. The tree has a contagious disease which threatens other trees.

F. Removal of a tree benefits the overall environmental health of the parcel. In general, this will occur if it can be demonstrated that removal of the tree will encourage healthier, more vigorous growth of similar trees in the area.

If removal of a tree is proposed on the basis of items (D), (E), or (F), the Department may require the applicant to have prepared a report from an arborist, horticulturist, botanist or other qualified person documenting that the criterion clearly exists.

25.36.8 Conservation of Public Trees

Fairfield’s Public Trees, including street trees, park trees, and trees on other public property, are an important element in Fairfield’s quality of life. They provide shade, beauty, enhanced property values, relief from noise and dust, and, if conditions allow, habitat for birds and small animals. The City intends to be proactive in conserving the values associated with these trees, minimizing unnecessary removal, replacing them when necessary, and encouraging new tree planting whenever possible.

The Public Works Department, as advised by the Department of Community Development, shall have primary responsibility for the management of Public Trees.

A. The Department of Public Works, in collaboration with the Department of Community Development, shall develop a conservation policy for Public Trees. This policy may include application requirements as established by the Department of Public Works. Except as defined in Sections 25.36.8 (B) and (C) below, the policy will govern the removal of Public Trees and will establish a process, administered by the Public Works Department, for managing such removals and mitigation measures. This policy shall be reviewed by the Open Space Commission and the Planning Commission and adopted by resolution of the City Council.

B. When Theme Trees within the right-of-way, median strip or other public property are removed by the Public Works Department or City contractors, said trees should be replaced by the same species. If the tree is to be replaced with another species or type, the replacements shall be approved by the Director of Community Development, in cooperation with the Public Works Department.

C. If the tree is a native oak, bay laurel, madrone, or buckeye on public property whose trunk(s) exceed six (6) inches in diameter at a point measured at 4-1/2 feet above the existing ground level of the tree, a Tree Removal Permit must be obtained from the Department of Community Development per Section 25.36.5 of this Ordinance. The Director of Community Development shall work with the Public Works Department to identify appropriate mitigation measures, as defined in Section 25.36.9, for removal of the tree.

D. The Director of Community Development is directed to work with the Director of Public Works to develop a list of recommended street trees and theme trees for use on public and private property in the City of Fairfield. Said list will be reviewed and approved by the Planning Commission.

25.36.9 Mitigation Requirements.

Trees contribute significant benefits to the City. When a tree is removed, the overall quality of the community can be degraded. Mitigation can alleviate or eliminate these impacts. Mitigation for approved removal of trees shall be reviewed and approved by the Department of Community Development on a case-by-case basis. Criteria used to review mitigation plans may include:

A. Whether the mitigation plan replaces the environmental, cultural, aesthetic, or other values of the lost trees.

  • B. The availability of land, either on-site or off-site, for mitigation planting.

  • C. Survivability, size, and value of the proposed replacement trees.

D. Provisions for maintenance and survival of the replacement trees.

It is the policy of the City to encourage the replacement of protected trees on an inch-for-inch basis. Staff shall review the specific mitigation program for each project on a case-by-case basis. To determine the number of replacement inches, the applicant should use the diameter or caliper of the tree proposed for removal, measured at breast height (4-1/2 feet above the normal surface). Inches of replacement may be translated into standard nursery planting sizes using the following formulas:

24” boxed tree = 3 replacement inches
15 gallon tree = 1 replacement inch
5 gallon tree = 1/2 replacement inch

Parties who remove a tree in violation of this Ordinance shall be subjected to a mitigation requirement of 3 (three) inches for every inch removed. Additional mitigation requirements may be imposed as determined necessary by the Director of Community Development.

25.36.10 Emergency Exemption

A tree may be removed without prior granting of a tree removal permit when removal of said tree is immediately necessary to protect public or private property or human health and safety from imminent danger or harm.

25.36.11 Adopt-A-Tree Program

Because preservation of Public Trees in parkway strips and public parks throughout the City is of importance to maintaining the quality of the City’s neighborhoods, and because volunteers and property owner participation can assist in the maintenance and planting of such Public Trees, the City Council hereby establishes an “Adopt-A-Tree” program.

A. The Director of Public Works, working with the Directors of the Community Development and Community Services Departments, is authorized to develop appropriate standards to permit and encourage neighborhoods, civic organizations, and other interested parties to “adopt” Public Trees.

B. The Director of Public Works is authorized to enter into contracts with interested parties to implement the “Adopt-A-Tree” program. These contracts may provide for organizations or individuals to perform, under City oversight, tree planting, routine maintenance, watering, and other activities to ensure the health of the trees.

C. The City is authorized to provide appropriate assistance to parties involved in an “Adopt-A-Tree” program.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2515.html

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SECTION 25.38 DENSITY BONUS

Sections:

25.38.1 Purpose and Interpretation

25.38.2 Defnitions

25.38.3 Application; Review Authority

25.38.4 Eligibility

25.38.5 Density Bonus

25.38.6 Incentives and Concessions

25.38.7 Waivers of Development Standards

25.38.8 Parking Ratios

25.38.9 Additional Requirements

  • Prior legislation: Ord. No. 2012-04.

25.38.1 Purpose and Interpretation

This section is intended to provide incentives to encourage the production of affordable housing in the City of Fairfield and to implement the General Plan Housing Element and State Density Bonus Law (Government Code Section 65915).

The provisions of this section shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein. (Ord. No. 2021-02, § 1)

25.38.2 Definitions

For purpose of this Section, the following words and phrases shall have the following meanings. Where the definitions of terms defined herein are inconsistent with definitions provided under State density Bonus Law, the meanings of the terms in State Density Bonus Law shall prevail.

A. "Area median income" means the median family income for Solano County as determined by the California Department of Housing and Community Development.

B. "Childcare facility" means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers.

C. "Density bonus" means an increase in density over the otherwise maximum allowable residential density as of the date of application by the applicant to the city. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies a housing development for a density bonus.

D. "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, onsite open-space requirement, or parking ratio that applies to a residential development pursuant to the zoning ordinance, an applicable specific plan, the general plan, or other local ordinance, policy, or regulation.

E. "Housing development" means a development project for five or more residential units, including mixed-use developments. For purposes of this section, “housing development” also includes a subdivision or common interest development, as defined

in Civil Code Section 4100, that has been approved by the City and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 6585.4(d), where the result of the rehabilitation would be a net increase of available residential units.

F. "Incentives or Concessions" include, but are not limited to, a reduction of development standards or zoning ordinance requirements which exceed minimum building standards and which result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents; the approval of mixed-use zoning in conjunction with the housing development project in order to reduce the cost of housing development where the mixed-use development is compatible with the housing project and the existing or planned development in the area; or other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

G. "Lower income households" means persons and families whose total household income does not exceed 80 percent of the area median income, as set forth in Health and Safety Code Section 50079.5.

H. "Major transit stop" means (i) an existing rail or bus rapid transit station; (ii) intersection of two or more bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods; or (iii) any other major transit stops that are included in an applicable regional transportation plan.

I. "Maximum allowable residential density" means the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

J. "Moderate income households" means persons and families who are not "lower income households" and whose total household income does not exceed 120 percent of area median income, as set forth in Government Code Sections 50053 and 50093.

K. "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, as set forth in Civil Code Section 51.3.

L. "Very low-income households" means persons and families whose total household income does not exceed 50 percent of area median income, as set forth in Health and Safety Code Section 50105. (Ord. No. 2021-02, § 1)

25.38.3 Application; Review Authority

A. In addition to any other review required for a proposed housing development, applications for a density bonus or other benefit(s) under this Section shall be filed with the community development department on a form approved by the director. The application shall be filed concurrently with the application for minor development review, development review, or other applicable planning entitlement(s) for the housing development. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council.

B. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of developments standards, and parking ratios.

C. City staff shall process a complete application for a density bonus in the same manner as, and concurrently with, the application for minor development review, development review, or other planning entitlement(s) as required by this Code.

D. Density bonus applications shall be reviewed and acted on by the same review authority as the housing development’s other entitlement(s), as set forth in Section 25.41 of the Zoning Ordinance. (Ord. No. 2021-02, § 1)

25.38.4 Eligibility

A. In order to be eligible for a density bonus, incentives or concessions, a waiver of development standards, or parking ratios as provided by this Section, a proposed housing development project must meet at least one of the following requirements as provided in Government Code Section 65915:

  1. At least 5 percent of the total units are for very low-income households.

  2. At least 10 percent of the total units are for lower income households.

  3. A senior citizen housing development, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5.

  4. At least 10 percent of the total units in a common interest development, as defined in Civil Code Section 4100, are for moderate income households, provided that all units in the housing development are offered to the public for purchase.

  5. At least 10 percent of the total units are for transitional foster youth, disabled veterans, or homeless persons, and such units are subject to a recorded affordability restriction of 55 years at the same affordability level as very low-income units.

  6. At least 20 percent of the total units are for lower income students in a student housing development that meets the requirements under Government Code Section 65915(b)(1)(F).

  7. 100 percent of the total units and the density bonus units, but exclusive of a manager’s unit(s), are for lower income households; provided, however, that up to 20 percent of the units, including total units and density bonus units, may be for moderate income households.

B. An applicant for approval to convert apartments to a condominium project shall be considered and approved for a density bonus or any other associated incentives or concessions in accordance with Government Code Section 65915.5. Said conversion shall be consistent with Chapter 25, Article IV (Condominium Conversion Ordinance) and Section 25.32.14.

C. An applicant shall be ineligible for a density bonus or any other benefit provided under this Section if the housing development involves the redevelopment of existing dwelling units, or dwelling units that have been vacated or demolished in the 5-year period preceding the application, that have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to lower income households, or occupied by lower income households, unless the proposed housing development replaces those units in accordance with Government Code Section 65915.

D. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of units that qualifies a housing development for a density bonus. (Ord. No. 2021-02, § 1)

25.38.5 Density Bonus

A. For a housing development qualifying pursuant to Section 25.38.3 and Government Code Section 65915, the City shall grant a density bonus in the amount specified by subsection (f) of Section 65915, as may be amended from time to time. All density calculations resulting in fractional units shall be rounded up to the next whole number.

B. A housing development that is eligible for a density bonus pursuant to Section 25.38.4 above and includes a childcare facility to be located on the premises of, as a part of, or adjacent to the project, may be entitled to either an additional density bonus or an additional incentive or concession as provided in subsection (h) of Government Code Section 65915.

C. An applicant may elect to accept a lesser percentage of density bonus than provided in Government Code Section 65915, including no density bonus.

D. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval. (Ord. No. 2021-02, § 1)

25.38.6 Incentives and Concessions

A. The City shall grant a qualifying housing development the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless the City

finds any of the following:

  1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units.

  2. The concession or incentive would have a specific, adverse impact upon public health, safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower income and moderate-income households.

  3. The concession or incentive would be contrary to state or federal law.

B. Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. (Ord. No. 2021-02, § 1)

25.38.7 Waivers of Development Standards

A. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant.

B. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted.

C. The City shall approve a waiver or reduction of a development standard, unless it finds any of the following:

  1. The application of the development standard would not physically preclude the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant.

  2. The waiver or reduction of the development standard would have a specific, adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

  3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

  4. The waiver or reduction of the development standard would be contrary to state or federal law. (Ord. No. 2021-02, § 1)

25.38.8 Parking Ratios

A. Pursuant to Government Code Section 65915(p), upon request by the applicant, the City shall not require a vehicle parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following:

  1. 0 to 1 bedroom: 1 onsite parking space.

  2. 2 to 3 bedrooms: 1.5 onsite parking spaces.

  3. 4 or more bedrooms: 2.5 parking spaces.

B. Lower parking ratios shall apply to the following projects, if requested by the applicant, as set forth in Government Code Section 65915(p):

  1. Housing developments with at least 11 percent very low income or at least 20 percent lower income units and are located within one-half mile of a major transit stop, as defined in Government Code Section 65915(o)(2), to which there is unobstructed access: 0.5 spaces per unit.

  2. Rental housing developments that are 100 percent affordable to lower income households [exclusive of manager’s unit(s)] and are located within one-half mile of a major transit stop, as defined in Government Code Section 65915(o)(2), to which there is unobstructed access: No minimum parking requirement.

  3. Rental housing developments that are 100 percent affordable to lower income households [exclusive of manager’s unit(s)]; are for individuals who are 62 years of age or older and comply with Civil Code Sections 51.2 and 51.3; and either have paratransit service or are located within one-half mile to a fixed bus route service that operates at least eight times a day and to which there is unobstructed access: No minimum parking requirement.

  4. Rental housing developments that are 100 percent affordable to lower income households [exclusive of manager’s unit(s)]; are special needs housing developments or supportive housing developments; and either have paratransit service or are located within one-half mile to a fixed bus route service that operates at least eight times a day and to which there is unobstructed access: No minimum parking requirement.

C. If the total number of required parking spaces is not a whole number, the number shall be rounded up to the next whole number.

D. A housing development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.

E. A request for parking ratios pursuant to this subsection shall not reduce the number of incentives or concessions to which an applicant is entitled pursuant to Section 25.38.5, except where the applicant requests parking incentives or concessions beyond those provided in this subsection. (Ord. No. 2021-02, § 1)

25.38.9 Additional Requirements

A. The applicant shall comply with all requirements stated in Government Code Section 65915.

B. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

C. For any housing development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible under this Section must be constructed concurrently with or prior to the construction of any market rate units. The exterior of the affordable units shall be visually indistinguishable from the market rate units in the housing development in terms of overall design, execution, and use of materials. Affordable units may be smaller than the market rate units but shall be proportionally comparable in bedroom count to the market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the housing development. (Ord. No. 2021-02, § 1)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users

should contact the City Clerk for ordinances d b t t th di it d

Fairfield2516.html

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Division 4. Permits and Administration

SECTION 25.40 PERMITS

Sections:

25.40.1 Permit Requirements

25.40.2 Zoning Clearance

25.40.3 Plan Review

25.40.4 Minor Discretionary Review

25.40.5 Minor Development Review and Development Review

25.40.6 Conditional Use Permit

25.40.7 Marsh Development Authorization

25.40.8 Variance

25.40.9 Ministerial Housing Review

The following Sections identify required permits and provide standards for the final review, and approval or disapproval of the land use permit applications established by this Ordinance. Procedures and standards for the review and approval of subdivision maps are found in Article III (Subdivisions). Where applicable, the procedures of this Section are carried out after those described in Section 25.41 (Application Filing, Processing, and Approval), for each application.

25.40.1 Permit Requirements

Table 25-18: Development Permit Requirements below establishes the approval and permit requirements for various types of improvements subject to this Ordinance. Where a conflict occurs in this Table with respect to different permit requirements for various improvements that are a part of a project, the permit with the higher level of review shall be required (e.g., if one improvement requires a Minor Discretionary Review permit, but another requires Development Review, a single Development Review permit shall be required for the whole of the project).

For the purposes of this Section, the terms used in Table 25-18 shall have the following meanings:

A. “Facade alteration” shall mean any remodel, renovation, or alteration to the exterior of a structure, such as changes to awnings, color, building material and trim, windows and doors, and the like.

B. “Site plan or landscape alteration” shall mean the installation of new improvements or modification to existing site improvements, such as vehicle circulation or parking, exterior lighting, fences and walls, trash enclosures, landscaping, hardscape, utilities, ground mounted mechanical equipment or silos, outdoor storage, and the like. “Major” revisions shall include those projects that are not exempt from the California Environmental Quality Act; all other revisions are considered “minor”.

C. “Minor alteration to a historic place” shall mean changes to exterior building color; construction of attached or detached accessory structures; changes to landscaping, hardscape, fences or walls; removal of mature trees; and alterations to exterior mechanical equipment to a property listed on a local or national register of historic places. All other alterations shall be considered major. A demolition project shall mean destruction of any structure or improvement that was the basis for a property being listed on the local or national register of historic places.

D. The permit requirements for grading projects listed on this Table apply to those activities that are not authorized by a valid City approval for a development project, except where a lower level of review was required (e.g., if a small building qualifies for Minor Development Review, but the grading operation requires Development Review, a Development Review permit is required for the whole of the project). Projects that involve over 50,000 cubic yards of import or off-haul material shall be defined as “major”. “Minor” projects involve any of the following:

  1. Movement of over 100,000 cubic yards of material on-site;

  2. Encroachment into wetlands or riparian habitats, or the removal of any tree ten inches or greater in diameter;

  3. Creation of slopes visible from public view that are in excess of five feet in vertical height with a slope of four:one (horizontal:vertical) or steeper; or

  4. Creation of any slope in excess of 15 feet in vertical height with a slope of three:one (horizontal:vertical) or steeper.

Other grading activity that does not exceed the above thresholds shall not require any permit approval by this Section, but may be regulated by the City’s Grading and Erosion Control Ordinance (Chapter 25, Article VI).

25.40.2 Zoning Clearance

A Zoning Clearance shall be required of all proposed land uses or structures identified as “Ministerial” in Table 25-18 and where the City’s decision is limited to the use of only fixed standards or objective measurements rather than being based on policy determinations and the exercising of judgment by the approval body in deciding whether or how the project should be carried out.

The purpose of the Zoning Clearance is to ensure that a proposed project complies with the permitted list of activities allowed in the applicable zoning district, and any development standards applicable to the type of use. The Zoning Clearance requires no public notice, is not subject to the California Environmental Quality Act, and may not be appealed.

25.40.3 Plan Review

The purpose of Plan Review is to provide an over-the-counter review for minor architectural and site planning improvements, such as but not limited to installation of a new window or door in a commercial storefront, repainting of a commercial storefront, replacement of plant materials in an existing landscaping setting, or installation of outdoor equipment with no environmental impacts in a hidden location not visible from off-site. Improvements which require more discretion in review or may have impacts on the public or adjoining properties will require Minor Discretionary Review.

25.40.4 Minor Discretionary Review

Minor Discretionary Review is an administrative review process that allows for the review and approval of minor improvements where the review is routine in nature, but action may require an interpretation to determine compliance with established design guidelines. Minor Discretionary Review shall be required as identified by Table 25-18 (Development Permit Requirements).

A. Application filing and processing. An application for Minor Discretionary Review shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Upon receiving a complete application, the Director shall either grant approval or conditional approval, or shall deny the permit. The Director’s decision shall be based on the proposed improvement’s compliance or non-compliance with this Ordinance or design guidelines established by the City Council. The Director shall make his or her decision within five working days, depending on the complexity of the proposal and determination.

Table 25-18: Development Permit Requirements

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

Residential Improvements

Custom Home - - X - -
Single family
detached:
... on min. lot
sizes of 5000 s.f.
or more
- - - X -
... on min. lot
sizes less than
5000 s.f.
... 1 to 10
units
- - - X -
... 11 or more
units
- - - - X Note 1
Note 5
Single family
attached:
... 1 to 10 units - - - X -
... 11 or more
units
- - - - X Note 1
Note 5
--- --- --- --- --- --- ---
Multifamily:
... 1 to 25 units - - - X -
... 26 or more
units
- - - - X
... 1 to 150 units
in the Heart of
Fairfeld Plan
zoning districts.
- - - X -
... 150 or more
units in the Heart
of Fairfeld Plan
zoning districts.
- - - - X
Additions or
accessory
structures:
... single family
detached or
attached lot
X - - - -
... multifamily lot - - X - -
Site plan,
landscape or
facade alterations:
... single family
detached or
attached lot
- - - - -
... multifamily lot - - X - -
Alteration or
addition to historic
structure or
grounds:
--- --- --- --- --- --- ---
... Minor - - X - -
... Major - - - X -
... Demolition - - - - X
Model home
complex
- - X - -

Commercial, Institution and Public Improvements

New buildings or
shopping centers:
... less than
25,000 s.f. (except
as listed below)
- - - X -
... 25,000 s.f. or
larger
- - - - X
... any building
with drive-through
facilities
- - - - X
Building additions:
... less than
2500 s.f.
- - X - -
... 2500 to
25,000 s.f. (except
as listed below)
- - - X -
... over 25,000
s.f.
- - - - X
Facade alterations - X X - - Note 3
Site plan or
landscape
alterations:
--- --- --- --- --- --- ---
... Minor - X X - - Note 3
... Major
(projects subject
to CEQA)
- - - X -
New parking lot
on vacant parcel
- - - X -
Alteration or
addition to historic
structure or
grounds
Minor - X X - - Note 3
Major - - - X -
Demolition - - - - X

Industrial Property Improvements

New buildings or
complexes
... less than
1000 s.f. on
undeveloped site
- - X - -
... 1,000 to
5,000 s.f. on
undeveloped site
- - - X -
less than 5,000
s.f. on developed
site
- - X - -
... 5,000 to
50,000 s.f. on all
lots
- - - X -
--- --- --- --- --- --- ---
... more than
50,000 s.f. on all
lots
- - - - X
Building additions
(non-historic
bldg.’s):
... less than
5000 s.f.
- - X - -
... 5000 to
50,000 s.f.
- - - X -
... more than
50,000 s.f.
- - - - X
Facade alterations - X X - - Note 3
Site plan or
landscape
alterations
... Minor - X X - - Note 3
... Major
(projects subject
to CEQA)
- - - X -
New parking lot
on vacant parcel
- - - X -

Miscellaneous Improvements

Grading, excavation or placement of fill:

0-5,000 cubic
yards
X -
5,001-25,000
cubic yards
- X
25,001-50,000
cubic yards
- X
50,001+ cubic
yards
- X
Flag poles - - X - -
Outdoor seating,
storage, and
merchandise
display
- - X - - Section
25.32.9
Roof equipment:
... with
screening
X - - - -
... without
screen
- - X - -
Satellite dish - - X - - Section
25.32.4
Residential Wind
Energy Systems
- X Note 4
Temporary Uses
and Events
- - X - - Section
25.32.8

Notes:

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

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

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

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

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

B. Environmental review. Improvements requiring Minor Discretionary Review are those that are normally not subject to the California Environmental Quality Act. If the Director determines that a proposal has the potential to create a significant impact on the environment, the permit shall be reviewed in accordance with the procedures established by the City to comply with the California Environmental Quality Act.

C. Special notice for custom homes. Within two days of receiving a complete Minor Discretionary Review application for a custom home, the Director shall mail notification to all property owners within 300 feet of the property on which the home is proposed. (Ord. No. 2010-03, § 2; Ord. No. 2018-03, § 12; Ord. No. 2023-03, § 9; Ord. No. 2025-01, § 13.)

25.40.5 Minor Development Review and Development Review

Improvements requiring Minor Development Review and Development Review are those that require in depth review and discretion by the City to determine compliance with the applicable City regulations or guidelines, Specific or Master Development Plans, the General Plan, or the California Environmental Quality Act. Minor Development Review and Development Review shall be required as identified by Table 25-18: Development Permit Requirements.

A. Application filing and processing. An application for Minor Development Review shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Review by the Development Action Review Team (DART), as described in Section 25.41.5 (C), shall be required. Depending on the project location, review by a Planning Area Design Review Committee and/or the Open Space Commission may be required (see Section 25.41.5).

B. Approval authority. Each application for Minor Development Review shall be reviewed and acted on by the Director, who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the Minor Development Review application to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in 25.41.1 (B) (Director referrals to the Planning Commission). Development Review permits shall be acted on solely by the Planning Commission.

C. Findings and conditions. In approving any Minor Development Review or Development Review application the Director or Planning Commission shall make the following findings and impose reasonable conditions to ensure that they are fulfilled:

  1. The project is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan;

  2. The exterior design and appearance of the project will not cause the nature of the neighborhood to economically, physically, or visually decline;

  3. The project is of high quality design consistent with applicable design policies and standards of the City; and

  4. Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated. For this reason, the proposed project complies with the California Environmental Quality Act (CEQA).

D. Standards for application review. The review of each application for Minor Development Review or Development Review shall include an analysis of the following items, to the extent to which they are applicable to a specific project:

  1. The overall design of the project in relation to the character of the project site and surrounding neighborhood;

  2. The design of the site plan orientation, placement, appearance, and harmony of proposed buildings and open spaces in relation to physical characteristics of the site and surrounding natural or man made features, and planned uses of adjacent land;

  3. The design of the circulation system including the on-site location and dimensions of vehicular and pedestrian entrances, exits, drives and walkways, in relation to the surrounding street and trail system on individual parcels and on surrounding land;

  4. Building scale, mass, proportion, articulation of facades, use of materials, overall composition of design, and harmony with surrounding buildings;

  5. The location, height, materials, and design of fences and walls relative to the need for sound attenuation and screening of existing or future uses on or off-site;

  6. Colors and materials in relationship to adjacent architectural and natural elements;

  7. Street and lot configuration in relation to established neighborhoods or surrounding natural features;

  8. The type, location, number, and size of plants in consideration of the nature of the proposed use, uses of surrounding property, water use and suitability of the plant material for local climatic conditions; and, the selection of pavement materials, pedestrian fixtures (e.g., seating, trash receptacles, lighting);

  9. The design of outdoor advertising signs including the location, size, height, color, and lighting, in relation to the nature of the proposed use, uses of surrounding property, and the proposed site plan and building design.

  10. Compliance with the General Plan, applicable Specific or Area Wide plans, City regulations, design guidelines, and the California Environmental Quality Act. (Ord. No. 2013-07, § 2. Formerly 25.40.4.)

25.40.6 Conditional Use Permit

The Conditional Use Permit is intended to allow for activities and uses that may not be appropriate for all locations and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Uses requiring a Conditional Use Permit may not be appropriate without specific conditions being applied that eliminate or minimize any negative impacts caused by the use. Conditional Use Permit approval is required for all land uses identified by Division II (Zoning Districts and Allowable Land Uses) as allowable subject to Conditional Use Permit approval.

A. Application filing and processing. An application for a Conditional Use Permit or modification to an existing Conditional Use Permit shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Each application shall be reviewed and acted on by the Director, who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the Conditional Use Permit to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in Section 25.41.1 (B) (Director Referrals to the Planning Commission).

B. Findings and conditions. Following a public hearing, the Director shall record the decision and the findings upon which the decision is based. The Director or Planning Commission may approve a Conditional Use Permit application if all of the following findings are made:

  1. The location, size, design, and operating characteristics and intensity of the proposed use are compatible with the existing and anticipated future land uses in the vicinity.

  2. The proposed use is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan.

  3. Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated. For this reason, the proposed Conditional Use Permit complies with the California Environmental Quality Act (CEQA).

  4. Adequate facilities, such as roads, utilities, and City services are provided to serve the use, or will be provided as conditions of approval for the Use Permit.

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

  6. The proposal will not constitute a nuisance or be detrimental to the health, safety, morals, peace, or the general welfare of the surrounding neighborhood and the City. The conditions and limitations on the use identified in the Conditions of the Use Permit will assure the use does not bear an adverse effect on the surrounding neighborhood.

Any Conditional Use Permit granted shall be subject to conditions that will ensure that the permit will eliminate or minimize any negative impacts caused by the use.

C. Findings for conditional uses approved in the HD and HDC districts. In addition to the findings identified above, the following findings shall be made for any conditionally approved use in the Heart of Fairfield Downtown (HD) or Downtown Core (HDC) zoning districts:

  1. The use is consistent with the desired pedestrian-oriented, street-level, downtown character of small specialty shops, restaurants, cultural, and entertainment uses.

  2. The exterior design, architecture, signs, and landscaping are attractive, and complement and enhance the desired unique downtown character, scale, and image.

  3. The use will not create either an imbalance or overabundance of similar uses already located in the downtown and will not detract from the desired downtown image and character.

  4. The use or development will be consistent with the intent, vision, and policies established in the Heart of Fairfield Plan.

D. Findings for Conditional Use Permits for additional building height or increased Floor Area Ratio. When approving any Conditional Use Permit for increase building height or floor area ratio, the review authority shall make the following findings, instead of the findings identified in Section 25.40.6 (B):

  1. The Conditional Use Permit shall not allow the maximum building height to exceed twice that allowed by the zoning district in which the proposed building is located.

  2. Within or adjacent to a residential zoning district, one additional foot of required setback shall be provided for one foot of height above the base district regulations, up to a maximum of a 60-foot setback.

  3. The overall mass and scale of the building shall be appropriate for the subject site and compatible with the surrounding neighborhood.

  4. The placement of the building on the site and architecture shall minimize adverse impacts on adjoining property, including light and air, privacy, and views.

  5. If the request involves an increase in the density or intensity of a use on the site, above that allowed by base zoning regulations, the cumulative impacts of the project relative to the General Plan service level shall be considered.

E. Permits required for uses previously allowed by Planned Unit Development permit. An application for a Conditional Use Permit shall not be denied on the basis that the proposed use is not an appropriate use at the subject location, if the application proposes the same type of use that was authorized by a Planned Unit Development Permit lawfully in effect on May 20, 1999, regardless of the length of time that the prior use has been discontinued. The Director or Planning Commission, however, may deny or condition such an application for a Conditional Use Permit on any other lawful basis, in which the proposed use is designed or will be operated or maintained (see also 25.46, Nonconforming Structures and Uses).

F. Modification or revocation.

  1. In any case where the conditions of a use permit have not been complied with, the Director shall give written notice of intention to see revocation or modification of such permit to the permitee at least ten (10) calendar days prior to a Planning Commission hearing on the permit. At the conclusion of the hearing, the Commission may revoke or modify such permit.

  2. In any case where a use permit has been exercised and the approved use moves to a new location or ceases to operate, the use permit will automatically terminate twelve (12) months from the date the use ceases to operate or moves from the parcel on which the permit was approved. (Ord. No. 2013-07, § 2; Ord. No. 2017-14, § 18. Formerly 25.40.5.)

25.40.7 Marsh Development Authorization

A. Applicability. This section shall be applicable to any property located within the boundaries of the Suisun Marsh Primary or Secondary Management Area, as designated by the map titled “Boundaries of the Suisun Marsh,” adopted by the San

Francisco Bay Conservation and Development Commission (Resolution No. 53) on February 2, 1978. Any property owner seeking to place fill, facilities, or structures, whether temporary or permanent, whether or not these structures or fill require a building permit or do not require a building permit shall obtain Marsh Development Authorization (“Authorization”) to do so. The same requirement shall apply to property owners seeking to annex to the City, redesignate, rezone, or otherwise entitle any property in these areas. Any application and the approval thereof shall be consistent with the requirements of the San Francisco Bay Conservation and Development Commission (BCDC) and the Suisun Marsh Preservation Act of 1977.

B. Filing. An application for a Marsh Development Authorization or modification to an existing Marsh Development Authorization shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). The applicant shall pay a fee as required by City Council resolution.

C. Processing. Each application shall be reviewed and acted on by the Director who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the application for Marsh Development Authorization to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in Section 25.41.1 (B) (Director Referrals to the Planning Commission). Prior to permit issuance, the City shall route the CEQA document prepared for the project to the State Clearinghouse for a period of no less than 30 days. At the end of the 10-day appeal period after permit issuance, the City shall provide notice to BCDC of its decision to grant the approval. Should it intend to appeal the City’s decision, BCDC shall provide notice to the City within 20 days of receiving the City notice. (Ord. No. 201307, § 2. Formerly 25.40.6.)

25.40.8 Variance

The provisions of this Section allow for Variance from the development standards of this Zoning Ordinance (Chapter 25, Article I) only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

A. Applicability. The Commission may grant a Variance from the requirements of this Zoning Ordinance governing only the following development standards:

  1. Dimensional standards (i.e., distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks, and structure heights);

  2. Number and dimensions of parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this Ordinance.

No Variance shall be granted to allow land uses or residential densities that would otherwise not be allowed by this Ordinance.

This Section does not address variance from the standards in the Fairfield Sign Ordinance (Chapter 25, Article IX). Variances from the Sign Ordinance requirements are addressed through the Sign Exception process established in that Ordinance or through the adoption of a Special Sign District established by an Ordinance of the Fairfield City Council.

B. Application filing and processing. An application for a Variance shall be filed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Each application shall be reviewed and acted on by the Director, who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the Variance application to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in Section 25.41.1 (Director Referrals to the Planning Commission).

C. Findings, decision, conditions. Following a public hearing, the Director or Commission may approve, approve subject to conditions, or deny the Variance, and shall record the decision in writing with the findings upon which the decision is based, in compliance with State law (Government Code Section 65906). In approving any variance, the following findings shall be made:

  1. There exist unique circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), such that the strict application of this Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;

  2. The Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; and

  3. The Variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

Any Variance granted shall be subject to conditions that will ensure that the Variance does not grant special privilege(s) inconsistent with the limitations upon other properties in the vicinity and same zoning district. (Ord. No. 2013-07, § 2; Ord. No. 2016-08, § 2. Formerly 25.40.7.)

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.

  1. 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.

  2. 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.

  1. 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.

  2. 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 multifamily 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 Utilities Code Sections 21670 through 21679.5.

  1. 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.

  2. 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.B.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.

  1. 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.

  2. 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.

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 standalone surface parking as permitted uses.

c. Complies with the City’s objective zoning standards.

  1. Conflicting laws. In the case of a conflict between the City’s standards set forth in Section 25.40.9.C.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.

  1. 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.

  2. 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 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.

  1. 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.

  2. 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.

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 applicable Airport Land Use Compatibility Plan adopted pursuant to California Public Utilities Code Sections 21670 through 21679.5.

  1. 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.

  2. 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.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.

  1. 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. (Ord. No. 2026-01, § 11.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2517.html

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SECTION 25.41 APPLICATION FILING, PROCESSING, AND APPROVAL

Sections:

25.41.1 Authority for Land Use and Zoning Decisions

25.41.2 Conceptual Review

25.41.3 Application Filing

25.41.4 Application Fees

25.41.5 Initial Application Review

25.41.6 Environmental Assessment

25.41.7 Staf Report and Recommendations

25.41.8 Action

25.41.9 Reconsideration of Denied Application

This Section provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Ordinance.

25.41.1 Authority for Land Use and Zoning Decisions

A. Review Authority. Table 25-19: Review Authority identifies the City official or body responsible for reviewing and making decisions on each type of permit or amendment. For the purposes of this section, the following special terms used in Table 2519 shall have the following meanings:

  1. "Recommend” means that the review authority makes a recommendation on the approval or denial of the request to a higher decision-making body;

  2. "Decision” means that the review authority makes the final decision on the matter;

  3. "Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Section 25.44 (Appeals); and

A dash indicates that a review authority has no involvement in the matter. For example, Ministerial Actions are not subject to appeal.

B. Director referrals to the Planning Commission. Director referrals to the Planning Commission may occur in the following manner:

  1. Required referrals. The Director shall refer any permit over which he or she has discretion to the Commission when the Director determines that the permit will involve:
  • a. Preparation of an Environmental Impact Report;
Table 25-19: Review Authority Table 25-19: Review Authority Table 25-19: Review Authority Table 25-19: Review Authority Table 25-19: Review Authority
Review Responsibility & Authority (Note 1)
Application/Permit Type DART Plng. &
Dev.
Director
Planning
Commission
City
Council

Amendments

Annexation/Prezoning Rec. Rec. Rec. Decision
General Plan Amendment Rec. Rec. Rec. Decision
Specifc or Area Wide Plan
Adoption or Amendment
Rec. Rec. Rec. Decision
Zoning Map Amendment
(rezoning)
Rec. Rec. Rec. Decision
Zoning Ordinance Text
Amendment
- Rec. Rec. Decision

Land Use & Development Permits

Ministerial - Decision - -
Minor Discretionary - Decision Appeal Appeal
Minor Development Review Rec. Decision Appeal Appeal
Development Review Rec. Rec. Decision Appeal
Planned Unit Development Rec. Rec. Decision Appeal
Conditional Use Permit Rec. Decision Appeal Appeal
Variance Rec. Decision Appeal Appeal

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Table 25-19: Review Authority
Review Responsibility & Authority (Note 1)
Plng. &
Dev. Planning City
Application/Permit Type DART Director Commission Council
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Miscellaneous Decisions

Business License - Decision - -
Sign Permits
... all signs, except those
listed below
- Decision Appeal Appeal
... any free-standing,
freeway orientated sign
- Rec. Decision Appeal
... any sign requiring a
Variance
- Rec. Decision Appeal

Subdivision Applications

Certifcate of Compliance - Decision Appeal Appeal
Lot Line Adjustment - Decision Appeal Appeal
Lot Merger - Decision Appeal Appeal
Tentative Parcel Map Rec. Decision Appeal Appeal
Tentative Subdivision Map Rec. Rec. Decision Appeal

Notes:

(1) Community Services Commission and Planning Area Design Review Committee are also involved in the review of projects within their scope of authority (see Sections 25.41.5 and 25.49).

b. Establishment of an important new policy or precedent, or a change in policy previously established by the Planning Commission or City Council; or

c. Substantial adverse impact on City services or facilities that were not anticipated by previous actions of the Planning Commission and/or City Council.

  1. Optional referrals. The Director may refer any permit over which he or she has discretion to the Commission when it involves the following:

a. In the judgment of the Director, the processing of the permit would be expedited by the immediate scheduling the matter for a hearing before the Planning Commission (e.g., in the case of an obvious appeal); or

b. The Planning Commission is to review related application(s), and the referral would facilitate consideration of the whole of the project at one time.

25.41.2 Conceptual Review

A prospective applicant or agent is encouraged to file for Conceptual Review with the Department prior to completion of the final project design and the formal submittal of a permit application. The purpose of Conceptual Review shall be to:

A. Verify the applicable land use regulations, development standards, and design guidelines that apply to the project;

B. Inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in this Ordinance, explore possible alternatives or modifications; and

C. Identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

25.41.3 Application Filing

A. Application contents. Applications for permits, amendments, and other matters pertaining to this Ordinance shall be filed with the Department on a City application form, together with all fees, plans, maps, reports, and other information prepared as required by the Application Submittal Requirements instruction list provided by the Department. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

B. Eligibility for filing. Applications may only be made by the property owners, their designated agents, or persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits under this Ordinance.

25.41.4 Application Fees

The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Ordinance. The schedule of fees may be changed or modified only by resolution of the Council.

25.41.5 Initial Application Review

Except for approvals that occur over-the-counter (e.g., Zoning Clearance or Minor Discretionary Review permits), all applications filed with the Department as required by this Ordinance shall be initially processed as follows:

A. Completeness review. Within 30 days of the application submittal, the Department shall review the application for completeness and accuracy before accepting it as being complete for processing and officially filed.

  1. Notification of applicant. Within 30 days, the applicant shall be informed by a letter either that the application is complete and has been accepted for processing; or that the application is incomplete and that additional information, specified in the letter, must be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by Subsection (A)3.

  2. Appeal of determination. Where the Department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Section 25.44 (Appeals).

  3. Application deemed withdrawn. If the applicant does not complete a pending application, i.e., not accepted as complete by the City, within 60 days after the filing with the Department, the application shall be deemed withdrawn, unless extended by the Director. Any unexpended processing fees shall be refunded to the applicant.

  4. Additional information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the environmental review of the project as provided by Section 25.41.6 (Environmental Assessment).

B. Housing Development Consistency Review. Pursuant to Government Code Section 65589.5(j)(2)(A), upon receipt of a complete application for a housing development project, as that term is defined by Government Code Section 65589.5(h)(2), the Department shall review the project for consistency with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time the application is determined to be complete. If the Department finds the project to be inconsistent with such standards and criteria, it shall inform the applicant in writing and identify and explain the reason or reasons it considers the project inconsistent, as follows:

  1. 150 or fewer housing units. Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.

  2. More than 150 units. Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.

C. Application referral. At the discretion of the Director or where otherwise required by this Ordinance, State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use.

D. Development Action Review Team (DART) review. As identified in Table 25-19, the Development Action Review Team (DART), comprised of staff from various City Departments and the Fairfield Suisun or Travis Unified School Districts, may review any application. Review by DART shall consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, security, fire flow, emergency access, location of fire hydrants, water and sewer connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and other State and local code requirements.

DART shall be responsible for requiring changes to a project, or recommending conditions, that ensure that a development proposal will be in compliance with applicable City regulations, design guidelines and construction standards. Comments from other agencies such as the school district shall be considered by DART. Also, DART shall undertake environmental review of the project and make appropriate recommendations to the Community Development Department and/or Planning Commission. The information received at the DART meeting shall be sent in writing to the applicant within five days.

E. Open Space Commission review. If the proposed project is located in an Open Space Planning Area (as identified in General Plan Exhibit OS-1), the Open Space Commission shall review the project. The Commission will consider and make recommendations to the Planning Commission and City Council regarding the designation, preservation, and protection of agricultural, ecological, recreational, and scenic lands (see also Chapter 12 D).

F. Planning Area Design Review Committee. In accordance with Section 25.49, certain areas of the City may require that development applications in certain areas be reviewed by a Planning Area Design Review Committee. Where applicable, the Committee shall review a project design and make a recommendation to the Director or Planning Commission on approval, conditional approval, or denial of an application subject to its review. The criteria for review shall be in accordance with Section 25.49.2, or any special regulations and/or design guidelines that are applicable to the planning area. Public notice of Committee meetings shall occur as prescribed in Section 25.43.

G. Community Services Commission review. If the proposed project is located in or adjacent to an area designated on the General Plan as Open Space Recreational or zoned Recreation, including but not limited existing and future park sites, the proposal may be referred to the Community Services Commission for review. The Commission will consider and make

recommendations to the Planning Commission regarding access to and use of recreational open space. The Planning Commission shall adopt policies to clarify what type of projects or issues are referred to the Community Services Commission. (Ord. No. 2018-03, § 13.)

25.41.6 Environmental Assessment

After acceptance of a complete application, the project shall be reviewed as required by the City of Fairfield CEQA Guidelines and the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a Negative Declaration may be issued, or whether an Environmental Impact Report (EIR) must be required. These determinations and, where required, the preparation of EIRs shall be completed consistent with the City’s CEQA Guidelines.

25.41.7 Staff Report and Recommendations

Where Planning Commission or City Council approval is required by this section, a staff report to the Commission and/or Council shall be prepared in the following manner:

A. Staff evaluation. The Department staff shall review all discretionary applications filed in compliance with this Section to determine whether they comply and are consistent with the provisions of this Ordinance, other applicable provisions of the City Code, and the General Plan, and shall provide a recommendation to the Commission and/or Council (as applicable) on whether the application should be approved, approved subject to conditions, or denied.

B. Staff report preparation. Where a discretionary application requires a public hearing before the Planning Commission, a staff report shall be prepared by the Department that describes the Department staff’s conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Ordinance, other applicable provisions of the City Code, applicable Specific Plans, and the General Plan. The staff report shall include recommendations on the approval, approval with conditions, or denial of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.

C. Report distribution. Staff reports shall be available to applicants at the same time as they are provided to members of the Commission and/or Council prior to a hearing on the application.

25.41.8 Action

A. Approval authority. As identified in Table 25-19, the Review Authority is authorized to approve, modify, or deny applications and to impose reasonable conditions to ensure compliance with adopted standards, policies and ordinances. In making decisions on proposed projects, the review authority shall consider the recommendations of the Development Action Review Team, the Design Review Commission, Open Space Commission, Community Services Commission, and input from the applicant and general public if provided.

B. Commission recommendation to City Council. At the conclusion of any public hearing on a proposed amendment to this Ordinance, the Zoning Map, or the General Plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission’s recommendation shall be mailed to the applicant at the address shown on the application.

25.41.9 Reconsideration of Denied Application

No application that has been denied by the City shall be reconsidered within one year. The City Council is authorized to grant exceptions to this provision.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2518.html

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SECTION 25.42 PERMIT IMPLEMENTATION

Sections:

25.42.1 Purpose

25.42.2 Efective Date of Permits

25.42.3 Applications Deemed Approved

25.42.4 Performance Guarantees

25.42.5 Time Limits and Extensions

25.42.6 Changes to an Approved Project

25.42.7 Permits to Run with the Land

25.42.1 Purpose

The following provisions outline requirements for the implementation or “exercising” of the permits required by this Ordinance, including time limits, and procedures for extensions of time.

25.42.2 Effective Date of Permits

With the exception of Minor Discretionary Review approvals, the land use permits established by this Article shall become effective on the 14th business day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority’s action has been filed in compliance with Section 25.44 (Appeals). Minor Discretionary Review approvals, including those for custom homes, shall become effective on the sixth day following the date of application approval. (Ord. No. 2019-04, § 9.)

25.42.3 Applications Deemed Approved

Any permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this Ordinance, which shall be satisfied by the applicant before any construction permit is issued, or a land use not requiring a construction permit is established.

25.42.4 Performance Guarantees

A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this Section apply to performance guarantees for projects authorized by any of the land use permits covered by this Ordinance.

A. Form and amount of security. The required security shall be in the form of a cash deposit, cashiers check or certified check deposited with the Director. Where approved by the Director, a certificate of deposit, instrument or letter of credit may be used, with the City named as beneficiary, where the security pledges that funds necessary to complete permitted grading are on deposit and guaranteed for payment to the City when required by the City. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B. Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

C. Duration of security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director. Maintenance security shall remain in effect for 12 months after the date of final inspection.

D. Release or forfeit of security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits shall be released. However, upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the applicant or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the applicant after deduction of the cost incurred by the City.

25.42.5 Time Limits and Extensions

A. Time limits. Unless conditions of approval or other provisions of this Ordinance establish a different time limit, any permit or entitlement not exercised within 24 months shall expire and become void.

B. Time extensions. Upon request by the applicant, the review authority identified in Table 25-19 may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the Department before the expiration of the permit, together with the filing fee required by the City Fee Resolution. Prior to granting the time extension request, the review authority shall conduct a new analysis to determine if the project or proposal is consistent with City regulations. The review authority may approve or deny the extension, or add new conditions of approval to ensure compliance with all City regulations.

25.42.6 Changes to an Approved Project

Development of a new land use authorized through an entitlement granted in compliance with this Section shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes shall be requested before construction or establishment and operation of the approved use.

A. The Director may authorize changes to an approved site plan, architecture, or the nature of the approved use if the changes:

  1. Are consistent with all applicable provisions of this Ordinance;

  2. Do not involve a feature of the project that was specifically addressed or was a basis for findings in a Negative Declaration or Environmental Impact Report for the project;

  3. Do not involve a feature of the project that was specifically addressed or was a basis for special conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

  4. Do not result in a significant expansion of the use.

  • B. Changes to the project involving features described in Subsections (A)2 and (A)3 above shall only be approved by the review authority through a new permit application processed in compliance with this Ordinance.

25.42.7 Permits to Run with the Land

A land use permit granted in compliance with Section 25.41 (Application Filing, Processing, and Approval) shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2519.html

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SECTION 25.43 PUBLIC HEARINGS

Sections:

25.43.1 Purpose

25.43.2 Notice of Hearing

25.43.3 Hearing Procedure

25.43.1 Purpose

The following Sections provide procedures for public hearings on any matter related to this Ordinance.

25.43.2 Notice of Hearing

The public shall be provided notice of hearings in compliance with State law (the Planning and Zoning Law, Government Code Sections 65000 et seq., the California Environmental Quality Act, Public Resources Code 21000 et seq.), and this Section. Public notice shall be given and the hearing shall be conducted for any permit requiring a public hearing, as identified below in Table 25-20: Public Notice and Hearing Requirements.

A. Content of notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed Negative Declaration or Final Environmental Impact Report has been prepared for the project pursuant to the Fairfield CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the Final Environmental Impact Report.

B. Method of notice distribution. Notice of a public hearing required by this Section for a permit, permit amendment, appeal, or zoning ordinance amendment shall be given as follows:

  1. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the hearing.

  2. Notice shall be mailed or delivered at least 10 days before the hearing to:

  • a. The owner(s) of the property being considered or the owners agent, and the applicant;

b. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c. All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing;

  • d. Any person whose property may, in the judgment of the Director, be affected by the proposed project; and
Table 25-20: Public Notice and Hearing Requirements Table 25-20: Public Notice and Hearing Requirements Table 25-20: Public Notice and Hearing Requirements Table 25-20: Public Notice and Hearing Requirements
Requirements Applicable
Sections &
Notes
Permit Type Public
Notice
Required
Public
Hearing
Required to
be
Conducted
by:

Amendments

Annexation/Prezoning yes P.C. & C.C.
General Plan Amendment yes P.C. & C.C.
Specifc or Area Wide Plan Adoption or
Amendment
yes P.C. & C.C.
Zoning Map Amendment (rezoning) yes P.C. & C.C.
Zoning Ordinance Text Amendment yes P.C. & C.C.

Land Use & Development Permits

Ministerial no - Note 1
Minor Discretionary no - Notes 2, 3, 4
Minor Development Review yes Director or
P.C.
Notes 3, 4
Development Review yes P.C. Notes 3, 4
Planned Unit Development yes P.C.
Conditional Use Permit yes Director or
P.C.
Note 3
Variance yes Director or
P.C.
Note 3

Miscellaneous Actions

Appeal yes P.C. or C.C.
Business License no - Note 1
Sign Permits
... all signs, except those listed below no -
... any free-standing, freeway
orientated sign
yes P.C.
Zone Clearance no - Notes 1, 5

Subdivision Applications

Certifcate of Compliance no -
Lot Line Adjustment no -
Lot Merger no -
--- --- --- ---
Tentative Parcel Map yes Director or
P.C.
Note 3
Tentative Subdivision Map yes P.C.

Notes:

(1) Ministerial Actions, Business Licenses, and Zone Clearances are not subject to appeal.

(2) Custom Homes shall require a public notice, although they only require a Minor Discretionary Review permit (see Section 25.40.4 (C)).

(3) Certain actions normally taken by the Director are referred to the Planning Commission in accordance with the provisions of Section 25.41.1(B) (Director Referrals to the Planning Commission). Public notice and a hearing is then required.

(4) If a project requires review by a Planning Area Design Review Committee, a public notice is required for any Committee meeting at which the project is reviewed.

(5) Adult entertainment businesses must be approved in accordance with the procedures in Section 25.32.2.

e. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current City Fee Resolution for the notice.

If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(4).

  1. The Director may require additional notification as follows:

a. Expand the mailed notice of a public hearing to owners of real property within 500 feet of the property that is the subject of the public hearing;

b. Posting the notice on the property that is a subject of the hearing;

  • c. Providing notice of a public hearing to homeowners associations in the neighborhood of a project; and

  • d. Residents or merchants within the mailing radius.

The Director may also provide any additional notice that the he or she determines is necessary or desirable. (Ord. No. 202006, § 5.)

25.43.3 Hearing Procedure

Hearings shall be held at the date, time, and place for which notice has been given as required in this Section. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2520.html

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SECTION 25.44 APPEALS AND CALLS FOR REVIEW

Sections:

25.44.1 Purpose

25.44.2 Appeal Filing

25.44.3 Appeal Processing

25.44.4 Calls for Review

25.44.1 Purpose

Decisions, actions or determinations of the Director or Commission may be appealed as provided for in this section. Table 2519 (Review Authority) establishes the review responsibility and authority for various actions. Decisions by the Director may be appealed to the Commission, and decisions by the Commission may be appealed to the City Council.

25.44.2 Appeal Filing

A. Eligibility. An appeal may be filed by any person aggrieved or affected by any determination in the administration of this Chapter.

B. Timing and form of appeal. All appeals shall be submitted to the Department in writing on the appeal form provided by the City, and shall specifically state the pertinent facts of the case and the reasons for the appeal. Notice of the appeal may be filed in person or by first class mail, postmarked no later than the last day of the appeal period.

An appeal of Minor Discretionary Review approval shall be filed within five business days following the final date of the determination or action being appealed. Appeals of a decision of the Planning Commission shall be filed within fourteen business days following the decision of the Planning Commission. All other appeals also shall be filed within fourteen business days. The filing fee established by resolution of the City Council shall accompany appeals. In the event of an appeal, the decision being appealed shall be suspended and have no effect until final action by the Review Authority pursuant to this section. (Ord. No. 2015-01, § 1).

25.44.3 Appeal Processing

A. Report and scheduling of hearing. When an appeal of the Director’s decision has been filed, the Director shall schedule the matter for consideration by the Planning Commission, which shall occur at a public hearing within forty-five days of the Director receiving the appeal. Notice of the appeal hearing shall be given in accordance with Section 25.43 (Public Hearings). When an

appeal of the Commission’s decision has been filed, the Director shall schedule the matter for consideration by the City Council, which shall hear the appeal within forty-five days of the Director receiving the appeal.

  • B. Action and findings.
  1. Hearing. The Review Authority shall conduct a denovo public hearing in compliance with Section 25.43 (Public Hearings). At the hearing, the Review Authority may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal.

  2. Decision. The Review Authority may affirm or reverse in whole or in part the action, decision or determination that is the subject of the appeal, based upon its written findings. The Review Authority may make modifications, deletions, or additions to the conditions of approval imposed as part of the appealed decision.

  3. Notice. Notice of the Review Authority’s decision shall be mailed to the original applicant, the person(s) who filed the appeal, and to any other person who has filed a written request for the decision with the Director.

C. Planning Commission or City Council inaction. If the Planning Commission or City Council is unable to make a final decision on the appeal due to a tie vote, the appeal shall be deemed to be denied and the appealed decision shall become final.

25.44.4 Calls for Review

As an additional safeguard to avoid results inconsistent with the purposes of this Chapter, quasi-judicial administrative decisions of the Planning Commission may be called up for review by the City Council.

Two members of the City Council may call for the review of a decision of the Planning Commission within fourteen business days of the Planning Commission’s decision. The call may occur at a Council meeting or by filing a form with the City Clerk. The form shall be prescribed by the City Clerk and may be signed by the members separately or by two members jointly. No fee shall be required. The City Clerk shall schedule the review hearing for commencement within 45 days of the call for review. The review shall otherwise follow the same process as appeals in Section 25.44.3.

If a call for review is made there shall be a presumption applied that the reason for the review is that the action has significant and material effects on the quality of life within the City. No inference of bias shall be presumed due to such a request for review being made by Council members. (Ord. No. 2015-02, § 2).

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2521.html

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SECTION 25.45 INTERPRETATIONS

Sections:

25.45.1 Purpose

25.45.2 Rules of Interpretation

25.45.3 Procedures for Interpretations

25.45.1 Purpose

This Section provides rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of this Section are intended to ensure the consistent interpretation and application of the provisions of this Zoning Ordinance to achieve compliance with the General Plan.

25.45.2 Rules of Interpretation

A. Authority. The Director is assigned the responsibility and authority to interpret the requirements of this Zoning Ordinance.

  • B. Language.
  1. Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles have been shortened in this Zoning Ordinance. The City of Fairfield is referred to hereafter as the “City.” The City of Fairfield Zoning Ordinance is referred to as “this Ordinance.” The Director of Planning and Development Community Development is referred to hereafter as “Director,” the City Council is referred to as the “Council,” the Planning Commission is referred to as the “Commission.” “Buildings and structures” are referred to hereafter as “structures.” An “allowable use” means those uses permitted or conditionally permitted in the district in which a property is located.

  2. Terminology. When used in this Zoning Ordinance, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to.”

  3. Number of days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days, unless specifically stated otherwise. Time limits will extend to the close of business on the following working day where the last of the specified number of days falls on a weekend or holiday observed by the City of Fairfield.

  4. Minimum requirements. When interpreting and applying the regulations of this Zoning Ordinance, all provisions shall be considered to be minimum requirements, unless stated otherwise.

C. Zoning Map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

  1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

  2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; and

  3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

D. Allowable uses of land. If a proposed land use is not specifically listed in the regulations of the district in which a property is located, the use shall not be allowed, except as follows:

  1. Similar uses allowed. The Director may determine that a proposed use not listed in Division II is allowable if all of the following findings are made:

a. The characteristics of, activities associated with, and potential land use impacts of the proposed use are consistent with those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;

b. The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c. The proposed use will be consistent with the goals, objectives and policies of the General Plan and any other applicable adopted Plan.

This provision shall not constraint the Director from requiring an application for rezoning and/or Zoning Ordinance amendment where either is appropriate.

  1. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Zoning Ordinance apply.

  2. Commission review or determination. The Director may forward questions about equivalent uses directly to the Planning Commission for a determination at a public meeting.

  • E. Conflicting requirements.
  1. Zoning Ordinance and City Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations of the City, including approved Final Subdivision Maps, the most restrictive shall apply, unless specifically stated otherwise.

  2. Development Agreements or Specific Plans. If conflicts occur between the requirements of this Zoning Ordinance and standards adopted as part of any Development Agreement or other adopted Area-wide or Specific Plan, the requirements of the Development Agreement or adopted Plan shall apply, unless specifically stated otherwise.

  3. Private agreements. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. No regulation in this Zoning Ordinance shall be construed to supersede more restrictive use or development standard regulations contained in the Conditions, Covenants, and Restrictions of any property. However, in no case shall uses be allowed beyond those allowed by the Zoning Ordinance.

25.45.3 Procedures for Interpretations

Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. The public, in compliance with this Section, may also request interpretations.

A. Request for interpretation. A request shall be written, specifically state the provision(s) in question, and may provide any additional information to assist in the review of the interpretation request.

B. Record of interpretations. Any provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision should be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments occur, the Director shall maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation. Official interpretations shall be:

  1. In writing, and shall quote the provisions of this Zoning Ordinance being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

  2. Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff.

C. Appeals and referral. Any interpretations of this Zoning Ordinance by the Director may be appealed to the Commission as provided by Section 25.44 (Appeals). The Director may also refer any interpretation to the Commission for a determination.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2522.html

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SECTION 25.46

NONCONFORMING USES AND STRUCTURES

Sections:

25.46.1 Purpose

25.46.2 Restrictions on Nonconforming Structures and Uses

25.46.3 Loss of Nonconforming Status

25.46.1 Purpose

This Section establishes uniform provisions for the regulation of legal nonconforming structures and land uses. Within the zoning districts established by Ordinance, structures and land uses exist that were lawful prior to the adoption, or amendment of this Ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to encourage the eventual conversion of these uses and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established.

25.46.2 Restrictions on Nonconforming Structures and Uses

Nonconformities may be continued subject to the following provisions, except as otherwise provided by 25.46.3 (Loss of Nonconforming Status).

A. Nonconforming uses of land. A legal nonconforming land use may be continued provided that the use shall not be enlarged, increased, or extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use. Any replacement use shall comply with all applicable provisions of this Ordinance. Any use allowed without a Conditional Use Permit prior to adoption of this Ordinance for which a Conditional Use Permit is now required shall be considered a legal nonconforming use unless and until a Conditional Use Permit is obtained. No enlargement of this use shall occur until a Conditional Use Permit has been obtained for the entire use. This section shall not be construed to require a Conditional Use Permit for room additions, accessory dwelling units, or other accessory structures proposed on properties located in the Residential Medium (RM) Density and Commercial Downtown zones where the primary structure on the property existed on April 20, 1999.

Partial abandonment of space occupied by a legal nonconforming use does not eliminate the right of said use to reoccupy space previously occupied, provided the requirements of subsection 25.46.2.B are met.

B. Replacement of nonconforming uses by similar uses. A nonconforming use may be changed to or replaced by another similar nonconforming use when the facility or building in which the nonconforming use is located can only reasonably accommodate the similar nonconforming use, subject to the following provisions:

  1. The replacement use shall not increase the extent of the nonconformity, the nature of the nonconforming activity, or the site or floor area occupied by the previous nonconforming use on the property.

  2. Any period of temporary vacancy or discontinuance associated with the replacement use shall not exceed the limitation established by Section 25.46.3 (Loss of Nonconforming Status).

  3. The replacement nonconforming use shall be permitted only if the repair and structural alterations required to accommodate the proposed replacement do not exceed 25 percent of the actual value of the structure, as last shown in the Solano County Assessor’s records.

  4. The replacement nonconforming use shall require no different occupancy rating than the previous nonconforming use as established by the Uniform Building Code.

C. Nonconforming structures. A legal nonconforming structure may continue to be used, repaired, and/or replaced under the following circumstances and according to the following criteria. Any use, repair, or replacement of a nonconforming structure not meeting the circumstances outlined in this section shall comply with all requirements of this Zoning Ordinance and with all Building and Fire Codes in effect at the time of issuance of Building Permit. However, in all circumstances, a property owner may replace multifamily units with the same number and size of residential units.

a. Any use, repair, or replacement of a nonconforming structure not meeting the circumstances outlined in this section shall comply with all requirements of this Zoning Ordinance and with all Building and Fire Codes in effect at the time of issuance of Building Permit. However, in all circumstances, a property owner may replace multifamily units with the same number and size of residential units.

1 Repair or replacement of structures lost or damaged due to a calamity. Repair or replacement of legal nonconforming structures shall be allowed in the event of fire, earthquake, or other calamity beyond the control of the owner, subject to the following provisions:

a. Single-family residential. Single-family residential structures may be reconstructed, repaired, or replaced provided a building permit is issued for the reconstruction or repair within 180 days of the calamity.

b. Multifamily residential. Multifamily residential structures may be reconstructed or repaired, if the repair cost will not exceed 60 percent of the actual value of the structure, provided a building permit is issued for the repair within 180 days of the calamity.

c. Non-Residential structures. Non-residential structures may be reconstructed, repaired, or replaced if the repair cost will not exceed 60 percent of the actual value of the structure provided a building permit is issued for the repair within 180 days of the calamity.

  1. Replacement of structures removed due to public projects.

a. Any housing removed as a result of the City’s acquisition of a portion or all of the owners’ property for a public purpose pursuant to a purchase agreement or the exercise of eminent domain may be replaced with structure(s) containing no more floor area than the removed structure on the remaining portion of the owner’s property for occupancy as part of the ongoing use. The replacement structure shall comply with the existinq development standards to the extent feasible and shall be subject to the review of the Department of Community Development. Notwithstanding the above, the property owner of any multifamily units shall be entitled to rebuild the same number and sizes of units removed due to public action.

b. Any nonresidential structure removed as a result of the City’s acquisition of a portion of the owners’ property for a public purpose pursuant to a purchase agreement or the exercise of eminent domain, which structure is a part of the owner’s ongoing, legal or legal nonconforming use, may be replaced by a structure containing no more floor area than the removed structure on the remaining portion of the owner’s property for occupancy as part of the ongoing use. The replacement structure shall comply with the existing development standards to the extent feasible and shall be subject to the review of the Department of Community Development

going, legal or legal nonconforming use, may be replaced by a structure containing no more floor area than the removed structure on the remaining portion of the owner’s property for occupancy as part of the ongoing use. The replacement structure shall comply with the existing development standards to the extent feasible and shall be subject to the review of the Department of Community Development

  1. Maintenance and repair. A legal nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see Subsection (B)3, following), and the work does not exceed 25 percent of the appraised value of the structure as last shown in the Solano County Assessor’s records.

  2. Seismic retrofitting. Reconstruction required to reinforce unreinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with seismic safety standards.

D. Nonconforming site improvements (not including structure). Where an existing site improvement (landscaping, parking lot layout, etc.) is non-conforming with the current regulations related to such, nothing in this section shall prohibit minor site improvements that result in the reduction of this non-conformity. (Ord. No. 2012-15, § 2; Ord. No. 2015-06, § 2; Ord. No. 202005, § 11.)

25.46.3 Loss of Nonconforming Status

A. Nonconforming status. Except as provided in B. and C. below, if a nonconforming land use no longer permitted by this Ordinance is discontinued for a continuous period of 365 days, it shall be presumed that the use has been abandoned. If a nonconforming land use that did not require a Conditional Use Permit prior to adoption of this Ordinance, but now requires this permit, is discontinued for a continuous period of two years, it shall be presumed that the use has been abandoned (see 25.40.5 (E) for provisions related to permits required for uses previously allowed by Planned Unit Development permits).

B. Train Station Specific Plan. Nonconforming status for properties in the Train Station Specific Plan Area shall be governed by the provisions in Section 25.28.7.K.

C. Heart of Fairfield Plan Area. Where properties have Heart of Fairfield Zoning designations, nonconforming land uses shall be presumed abandoned after the use is discontinued for a continuous period of ninety (90) days.

D. Further Use of Abandoned Sites. Without further action by the City, further use of the site or structure presumed abandoned shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this Ordinance. (Ord. No. 2012-15, § 2; Ord. No. 2017-14, § 19.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2523.html

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SECTION 25.47 GENERAL PLAN AND ZONING AMENDMENTS

Sections:

25.47.1 Purpose

25.47.2 Hearings and Notice

25.47.3 Commission Action on Amendments

25.47.4 Council Action on Amendments

25.47.5 Findings for Zoning Map Amendments

25.47.6 Prezoning

25.47.1 Purpose

The following provisions allow for the amendment of the General Plan, the official Zoning Map, or this Ordinance whenever required by public necessity and general welfare. A General Plan Amendment may include revisions to text, goals, policies, actions, or land use designations. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Ordinance may modify any standards, requirements, or procedures applicable to the subdivision, development, and/or use of property within the City.

25.47.2 Hearings and Notice

Upon receipt of a complete application to amend the General Plan, the Zoning Map, or this Ordinance, or upon initiation by the Commission or Council, and following Department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Section 25.43 (Public Hearings).

25.47.3 Commission Action on Amendments

The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 25.47.5 (Findings).

25.47.4 Council Action on Amendments

Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form or deny the proposed amendment based upon the findings in Section 25.47.5 (Findings for Zoning Map Amendments).

If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or within any longer time set by the Council, shall be deemed a recommendation for approval of the modification.

25.47.5 Findings for Zoning Map Amendments

An amendment to official Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment:

A. The proposed amendment is consistent with the goals, policies, and actions of the General Plan;

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;

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; and

D. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

25.47.6 Prezoning

A. Purpose. The City Council may prezone unincorporated property adjoining the City’s boundaries for the purpose of determining and identifying the zoning that will apply to such property in the event it is subsequently annexed to the City. Prezoning of such property shall be accomplished by ordinance adopted following completion of the same procedures identified by this section for General Plan and Zoning Ordinance amendments.

B. Prezoning to become permanent zoning. Any prezoning designation shall become the zoning designation of the property at the same time that the property’s annexation to the City is effective.

C. Withdrawal or amendment. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

D. Annexations. It is the City’s intent to prezone all properties annexed by the City. However, in those unusual circumstances where properties are not prezoned to other various zoning districts, the property(ies) shall be zoned AG (Agriculture). Prior to any development or at the City’s discretion, the subject property shall be rezoned to its ultimate use.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2524.html

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SECTION 25.48 SPECIFIC PLANS

Sections:

25.48.1 Purpose

25.48.2 Specifc Plan Initiation, Preparation, and Content

25.48.3 Review and Adoption of Specifc Plan

25.48.4 Implementation, Amendments

25.48.1 Purpose

Any Specific Plan shall be prepared, processed, approved or disapproved, and implemented in compliance with this Section.

25.48.2 Specific Plan Initiation, Preparation, and Content

The Council, upon advise of the Planning Commission, may initiate preparation of any Specific Plan. Specific Plans shall be prepared only under direct supervision of Department and shall include the following information in the form of text and diagrams:

A. Proposed land uses. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space areas;

B. Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;

C. Land use and development standards. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

D. Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

E. Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan; and

F. Additional information. The Specific Plan shall contain any additional information determined to be necessary by the City because of the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue determined to be significant.

25.48.3 Review and Adoption of Specific Plan

A. Environmental review. The draft Specific Plan shall be subject to environmental review as specified in Section 25.41.6 (Environmental Assessment).

B. Staff report. A Department staff report shall be prepared for the draft Specific Plan in compliance with Section 25.41.7 (Staff Report and Recommendations), which shall include detailed recommendations for changes to the text and diagrams of the Specific Plan to make it acceptable for adoption.

C. Public hearings. A proposed Specific Plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:

  1. Commission. The Director shall schedule a public hearing on the proposed Specific Plan after completion of a staff report and any required environmental documents. The hearing shall receive public notice and be conducted in compliance with Section 25.43 (Public Hearings). After the hearing, the Commission shall forward a written recommendation to the Council.

  2. Council. After receipt of the Commission recommendation, a public hearing on the Specific Plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Section 25.43 (Public Hearings). After the hearing, the Council may adopt the Specific Plan, may disapprove the plan, or may adopt the plan with changes, provided that any changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or any longer period set by the Council shall be deemed a recommendation for the approval of the changes.

D. Adoption. The adoption of a proposed Specific Plan shall be entirely at the discretion of the Council. The Council shall adopt a Specific Plan only if it first determines that the plan:

  1. Is consistent with the General Plan; and

  2. Will not have a significant effect on the environment, or is subject to the overriding findings specified in the City of Fairfield CEQA Guidelines.

The Specific Plan shall be adopted by ordinance, or by resolution of the Council.

25.48.4 Implementation, Amendments

A. Development within Specific Plan area. After the adoption of a Specific Plan, no public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no amendment to this Ordinance may be adopted within an area covered by a Specific Plan unless it is consistent with the Specific Plan. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with Government Code Section 65456.

B. Amendments. An adopted Specific Plan may be amended through the same procedure specified by this Section for the adoption of a Specific Plan.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2525.html

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SECTION 25.49 PLANNING AREAS

Sections:

25.49.1 Establishment

25.49.2 Planning Area Design Review Committee

25.49.1 Establishment

The city council may define by resolution a portion of the City of Fairfield as a planning area. The council may adopt design guidelines for each planning area and establish review procedures for applications in a planning area which are unique to that area.

25.49.2 Planning Area Design Review Committee

A. Responsibilities. The Planning Area Design Review Committee(s) shall:

  1. Make recommendations to the Planning Commission on any matter concerning aesthetic, architectural, site planning judgment and subdivision design within the boundary of a planning area as assigned by the City Council.

  2. Be the advisory agency to the Planning Commission on each application for Development Review, freeway oriented freestanding signs, and Tentative Subdivision Map as assigned by the City Council within the boundaries of the planning area.

  3. Make recommendations to the Planning Commission regarding the design criteria, standards and policies to promote high quality design for development of residential, commercial, industrial and institutional property as assigned by the City Council within the boundaries of the planning area. This may include projects or proposals requiring ministerial approval, minor discretionary review, minor development review, and development review.

The guidelines may include the establishment of criteria for site planning, landscape treatment, building design, and signs. Design guidelines for single-family dwellings may include standards regarding setbacks, yard areas, access, vehicle parking requirements, roof overhangs, roofing materials and siding materials. The Planning Commission or the City Council shall approve the criteria, standards, and policies before use.

  1. The Planning Commission or City Council may refer any matter concerning aesthetic, site planning, architectural consideration to a Planning Area Design Review Committee for review and recommendation.
  • B. Membership. A Planning Area Design Review Committee shall consist of:
  1. Standing Members. Standing members shall include three members of the Planning Commission appointed by vote of the Planning Commission from its membership.

  2. Planning Area Members. Planning area members may include up to two persons to be appointed by the City Council to review applications within a planning area. The duties and powers of these members shall be the same as those of standing members.

C. Membership term and appointment. The term of office for planning area members shall be four years beginning January 1 and ending December 31. Appointments to vacancies for planning area members shall be for the unexpired portion of the term. The term of office for standing members shall be at the discretion of the Planning Commission.

Members appointed by the City Council and the Planning Commission may be reappointed at the pleasure of the body which made the appointment, however, no member may serve more than two four- year terms plus unexpired term to which he or she may have been appointed but in no event more than ten (10) years; provided, however, that a member who has served one or more two-year terms may be reappointed to one additional term of four years so long as the total length of service, including any unexpired term, does not exceed ten (10) years.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances

d b t t th di it d

Fairfield2526.html

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Division 5. Permits and Administration

SECTION 25.50

DEFINITIONS OF TERMS AND PHRASES

Sections:

25.50.1 Purpose

25.50.2 Land Use Defnitions

25.50.1 Purpose

This section provides definitions of terms and phrases used in the Zoning Ordinance that are technical, specialized, and may not reflect common use. If any of the definitions in this section conflict with definitions in other chapters of the City Code, these definitions shall prevail for the purpose of interpreting and enforcing this Ordinance. If a term is not defined in this section, or other Sections of the City Code, the most common dictionary definition is assumed to be correct. Unless otherwise indicated, each use described below shall occur indoors in an enclosed building.

25.50.2 Land Use Definitions

The following land use definitions are listed in alphabetic order.

A. Land use definitions, “A”.

Abutting. Having a common property line or zoning district boundary at any one point, or being separated from a common property line or zoning district by a right-of-way, alley, or easement, excluding a right-of-way for a freeway, highway, or Air Base Parkway.

Access. The means (pedestrian, vehicular, etc.) of ingress to or egress from a location.

Accessory Dwelling Unit (ADU). An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

An ADU also includes an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007. An ADU shall be considered an accessory use.

Accessory Dwelling Unit, Junior (JADU). A residential dwelling unit that provides complete independent living facilities for one or more persons, is no more than 500 square feet in size, and is contained entirely within a single-family residence. A duet is considered a single-family residence for the purposes of building an Accessory Dwelling Unit, Junior.

Accessory Use, Non-Residential. The ancillary sale or rental of related products or services for the purpose of serving employees or customers of a business. Accessory uses shall be secondary and subordinate to the principal use, and shall not change the character of the principal use. Examples include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office, and industrial complexes; visitor centers and direct sales at manufacturing facilities; and recreational facilities for use by employees.

Acreage, Gross Developable. For the purposes of calculating residential density, gross developable acreage means the horizontal area within a designated residential project and includes areas for local and collector streets, utility rights-of-way, and public or private parks and open space, extending to the centerline of any existing local or collector street at the project perimeter. Gross developable acreage excludes environmental mitigation areas (e.g., wetlands, endangered habitats), arterial streets, areas for public schools, public parks and open space, and other non-residential uses.

Activity Zone. The area between the sidewalk and a building reserved for landscaping, specialized events, outdoor restaurant seating and dining, recreation, or other formal activities.

Adult Day Care. Any facility licensed by the State of California which provides non-medical care primarily to adults in need of personal services, rehabilitation, supervision, or assistance essential for sustaining activities of daily living or for the protection of the individual on less than a twenty-four (24) hour a day basis. Day Care Facilities have no resident clients.

Adult Entertainment Business. See Section 25.32.2 (Adult Entertainment Businesses).

Agricultural Accessory Structure. An uninhabited structure or building designed and built to store farm animals, implements, supplies or products, that contains no residential use and is not open to the public. Includes; barns, grain elevators; silos, and other similar buildings and structures, but excludes commercial greenhouses (which is under “Agricultural Plant Nursery”) and buildings for agricultural processing (which are under “Agricultural Processing”). Also includes wind energy or solar systems for on-site water pumping or electrical use. Wind energy conversion for off-site distribution is included under “Utilities, Public or Quasi-public - Major”.

Agriculture, Extensive. Lands that have relatively low productive yield due to topography or soil classification and that are used primarily for the grazing of livestock.

Agricultural Processing. The processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere, including the listed activities below, provided that any of the activities performed in the field with mobile equipment not involving permanent buildings under “Crop Production”. May include roadside sales as an accessory use.

alfalfa or hay baling

corn shelling

cotton ginning

custom milling of flour, feed, and grain

dairies (not including animal feed lots)

drying of corn, rice, hay, fruits, and vegetables

grain cleaning and custom grinding

pre-cooling or packaging of fresh or farm-dried fruits and vegetables

tree nut hulling and shelling

wineries and alcohol fuel production

Agriculture Seasonal Sales. An open structure with less than 400 square feet in floor area used for the seasonal retail sale of agricultural products located on the site or in the area of the property where the products are being grown.

Airport. Any area of land or water used for the landing and take-off of aircraft as well as any incidental areas used for airport buildings, aircraft operations, and related facilities, including aprons and taxiways, control towers, hangars, safety lights, and structures, and retail tenant space serving airport patrons. Airports shall also include agricultural, personal, restricted and public use landing strips.

Alley. Any public or private thoroughfare less than 30 feet wide that is a secondary access to an abutting property.

Alteration. Any construction or physical change to a structure, including an increase in floor area, change to the internal arrangement of rooms, change to the supporting members of structure, or change in the appearance of any building or structure.

Alternative Financial Services. “Alternative Financial Service” shall mean a use, other than a State or Federally chartered bank, credit union, mortgage lender, savings and loan association, or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. The term “Alternative Financial Service” includes, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing services or businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. “Alternative Financial Service” also includes establishments that purchase goods from clients, such as cash for gold, plasma centers, and similar businesses, and “Check Cashing Service” as defined in Fairfield Municipal Code Section 25.50. Non-profit financial institutions are not encompassed by the term “Alternative Financial Service.” The term “Alternative Financial Service” does not include retail sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks for a minimum fee, not exceeding five percent, as a service to its customers that is incidental to its main purpose or business.

Ambulance Service. Provision of emergency medical transportation, including incidental sleeping quarters, storage, and maintenance of vehicles.

Amenity Zone. The area between the roadway and sidewalk that is primarily used for landscaping, green infrastructure (bioswales), and lighting. This area may also be used for outdoor activities and furniture near mixed use and commercial uses.

Animal Clinic or Grooming. Establishment providing veterinary services during normal business hours and/or grooming, training, and other services to small animals with no overnight boarding.

Animal Hospital. Establishment where animals receive medical care and surgical treatment on a 24-hour basis. This classification includes overnight boarding of animals receiving medical care.

Animal Kennel. Commercial or non-profit shelter for small domestic and farm animals, typically less than 100 pounds, e.g., dogs and cats. This definition includes activities such as feeding, exercising, grooming, and incidental medical care. This classification does not include shelters for large animals, which are classified under “Animal Stable.”

Animal Stable. An agricultural use for the shelter of less than 50 large animals such as horses, cattle stock, llamas, or similar animals including incidental activities and structures such as grazing, feeding, corrals, and loading docks.

Antenna or Communication Facility. Refer to Section 25.32.3, Antennas and Communications Facilities.

Antique, Jewelry and Collectables Shop. An establishment that sells collectable, rare, or novel merchandise and jewelry, including gemstones, rings, coins or stamp collectables, trading cards, and porcelain.

Apparel and Shoes. An establishment that sells new clothing, hats, outerwear, and shoes in a retail setting. Includes ancillary tailoring and repair services.

Aquaculture. A non-retail agricultural establishment engaged in the live production of fish, shellfish, marine invertebrates, seaweed or kelp or other saltwater or freshwater animals and plants. Aquaculture facilities typically involve the use of existing water bodies or streams or the construction of artificial ponds, streams, or pens for the production of the aquacultural products, including indoor facilities. The aquaculture land use may also include accessory structures necessary to clean, process, prepare, ice down, pre-cook, and package the aquacultural products produced on site. May also include one caretaker’s residence, one single family dwelling, and accessory retail sales of products produced on site.

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 Residential care facilities, large or Residential care facilities, small, according to the size of the family home or group care facility.

Athletic Club. Health and fitness centers, and gymnasiums, including indoor sauna, common spa or hot tub facilities; tennis, handball, racquetball court, croquet/bocce ball, and other sports activities.

Attic. An unimproved area at the uppermost level of a residence that is not permitted for human occupancy. An attic typically exhibits four of the following characteristics:

  1. Is directly below the roof;

  2. Has dimensions atypical of a habitable space (i.e., walls are not plumb, all or most of space is not sufficient for a human to stand erect, etc.);

  3. Is located on a separate level of the house from other habitable spaces;

  4. Is accessed indirectly (i.e., requires ladder to access or is accessed through a portal with dimensions atypical of a standard room door); and/or

  5. Has minimal features that allow light to enter.

Auction. The sale of merchandise to the highest bidder. For the purpose of this Ordinance, an auction may include both retail and wholesale sales. For an auction to be classified as an indoor auction, all auction activities shall occur within an enclosed building, including storage and processing of items to be auctioned.

Automobile and Truck Rental. Rental of automobile and trucks, including storage and incidental maintenance.

Automobile and Vehicle Major Repair. All types of repair to automobiles, trucks, motorcycles, motor homes, recreational vehicles, or boats including the sale, installation, and servicing of related parts and equipment. This classification includes

engine and transmission repair, auto body and upholstery repair shop, vehicle painting, and repairs to other primary mechanical components that typically require more than a single day to complete. This classification excludes vehicle dismantling or salvage and tire retreading or recapping.

Automobile Maintenance and Minor Repair. Establishment replacing and replenishing motor vehicle fluids and lubrication (excluding fuel), performing maintenance and minor repair (tune-ups, tires, shocks, brakes, etc.), washing, waxing, or detailing vehicles, emissions testing with minor repair, and other similar maintenance or minor repair of light vehicles primarily involving same day service.

This classification does not include removal and repair of primary mechanical components, e.g., engine, transmission, differential, and similar components, which is classified under “Automobile and Vehicle Repair, Major.”

Axis. A straight line about which a mass or geometric figure rotates. See figures below.

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HORIZONTAL AXIS VERTICAL AXIS
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B. Land use definitions, “B”.

Bail Bond Service. An establishment offering security in exchange for the temporary release and due appearance of a prisoner.

Bar. An establishment where alcoholic beverages are sold for on-site consumption. Includes bars, cocktail lounge areas, taverns, night clubs, pubs, and similar establishments where food service is subordinate to the sale of alcoholic beverages. A bar may also include beer brewing.

The classification excludes bars that are ancillary to a restaurant. For the purpose of this Ordinance, a bar is ancillary if the bar is only open for business concurrent with the restaurant, full restaurant dining service is provided at all times, and the seating area for the bar does not exceed 20 percent of the total seating area for the business and the floor area for the bar is integrated into the restaurant dining area.

Bed and Breakfast Inn. An establishment offering transient lodging on less than a weekly basis, typically in a converted single family dwelling, with incidental food service for guests from one on-site kitchen.

Bingo Hall. A venue for local charity bingo operations as defined in California Penal Code § 326.5 operated in conformance with Section 12.201 of the Fairfield City Code for the benefit of nonprofit organizations. Ancillary uses may include food service. Serving alcohol is not permitted in a bingo hall.

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 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 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 Residential care facilities, large, and Residential care facilities, small, in that they are not licensed by the State of California.

Buffer. An improvement or area intended to separate, obstruct, or reduce the impact of two abutting land uses, properties, and/or rights-of-way, from one another.

Building and Landscape Material Sales. Retail or wholesale sales of building and landscape materials, including lumberyards and establishments selling unpackaged landscape materials. This classification includes the sale of outdoor swimming pools. This classification excludes establishments devoted to the retail sales of paint, hardware, home furnishings, wholesale, distribution, and storage, and activities classified under large equipment sales or repair related services.

Business Support Services. Establishments located primarily indoors providing services to businesses including, but not limited to:

to:
business equipment repair services janitorial services
window cleaning mail advertising services (reproduction
and shipping)
computer-related services (rental, repair) commercial art and design (production)
commercial publication, photocopying,
quick printing, and blueprinting services
photofnishing
newspaper printing

This classification does not include “Automobile or Vehicle Repair,” “Equipment Rental (outdoor),” and “Vehicle Storage or Impound Yard.”

C. Land use definitions, “C”.

Campground. Camping facilities provided on a temporary basis for fee. Includes recreational vehicle campgrounds.

Caretaker’s Residence. One permanent dwelling unit devoted solely to the rental and/or management of facilities on the same parcel. Also, a permanent dwelling unit inhabited by the resident manager of a mini-warehouse/self-storage facility or agricultural activity.

Catering Services. The preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. This use may be conducted as an accessory use to a restaurant, grocery market, or bakery.

Cemetery. A facility that provides internment of the dead below ground.

Check Cashing Service. See Alternative Financial Services.

Child Day Care Center. A facility that provides non-medical care and supervision of children for periods of less than 24 hours. These facilities include commercial or non-profit child day care facilities or preschools (not including large and small family day care homes) designed and approved by the California State Department of Social Services for the care and supervision of children under the age of 18. These may be operated in conjunction with a school or church, or as an independent land use.

Church or Other Place of Worship. Facilities operated for worship or to conduct religious activities, including churches, mosques, synagogues, and religious instruction. May include accessory uses associated directly with the worship service, religious education functions, or other ongoing regular activities at the church that are located on the same site, such as living

quarters for clergy and staff, and child or senior day care facilities. Other establishments maintained by religious organizations, or uses not associated with the worship services and regular activities of the church, such as reading rooms, full time educational institutions, full time day care facilities, hospitals or recreational camps are classified according to their respective activities and regulated accordingly.

Club, Lodge, and Meeting Hall. Any place that provides private meeting facilities. This classification includes business and professional organizations, labor unions, civic, social and fraternal organizations, and political organizations. This classification does not include offices dedicated to the administration of such organizations, which are classified under “Office, Administrative, Business, or Professional.”

Collection Container. An unattended drop-off-box, container, receptacle, or similar device or facility that accepts textiles, clothes, shoes, books, and/or other salvageable items of personal property. Collection Containers that provide financial reimbursement or other payments in exchange for recyclable materials or other deposited goods shall be regulated as a Small Recycling Collection Facility.

Commercial Cannabis Business. Any business or operation which engages in medicinal or adult-use commercial cannabis activity.

Commercial Cannabis Business, Manufacturing. An establishment that is engaged in the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and that is owned and operated pursuant to a valid commercial cannabis business permit for manufacturing from the City and a valid State license. May include businesses that use either volatile or non-volatile solvents.

nnabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and that is owned and operated pursuant to a valid commercial cannabis business permit for manufacturing from the City and a valid State license. May include businesses that use either volatile or non-volatile solvents.

Commercial Cannabis Business, Retail. An establishment engaged in the retail sale of cannabis or cannabis products, that is owned and operated pursuant to a valid commercial cannabis business permit for retail from the City and a valid State license. Includes both storefront and non-storefront retailers, as defined in Section 10E.5 of Chapter 10E of the City Code.

Commercial Cannabis Business, Testing Lab. A laboratory, facility, or other establishment that offers or performs tests of cannabis or cannabis products and that is owned and operated pursuant to a valid commercial cannabis business permit for testing labs from the City and a valid State license.

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

billiard hall

bowling alleys

dance hall

ice or roller skating rinks

pinball arcade or electronic game center having four or more game machines

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

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

airsoft shooting range

axe or knife throwing

go-kart racing or bumper cars

outdoor miniature or golf driving range

paintball

smash or rage rooms

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

Commercial Well. All, or any part of the process of subsurface removal of water, gas, or similar substance on a commercial basis. This land use includes drilling, prospecting and exploratory activities, transfer, filtration, and storage but excludes refining of the well substance which is separately defined as an industrial use, as applicable.

Common Area Uses and Facilities. The accessory uses, facilities, and areas located and commonly owned in a residential project. Common area land uses may include equestrian centers or stables, recreational vehicle storage lots, convenience markets, health and fitness centers, personal services and offices, day care centers, and similar activities where the scale of development provides goods and services oriented towards serving the residents of the project in which the site is located.

nly owned in a residential project. Common area land uses may include equestrian centers or stables, recreational vehicle storage lots, convenience markets, health and fitness centers, personal services and offices, day care centers, and similar activities where the scale of development provides goods and services oriented towards serving the residents of the project in which the site is located.

Community Center/Banquet Hall. Multi-purpose meeting and recreational facility typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by the general public for such activities as meetings, parties, receptions, dances, etc.

Consignment Shop. An establishment that sells new or used merchandise on consignment for clients. Unlike a pawn shop, consignment shops do not offer loans in exchange for personal property.

Contractor’s Yard. Storage yard for a contractor’s large equipment, vehicles, construction materials, or other items commonly used in the contractor’s business; repair and maintenance of a contractor’s own equipment; and buildings or structures for uses such as offices and repair facilities. This classification excludes vehicle storage and impound yards.

Corporation Yard. A maintenance and storage yard operated by a government agency or public utility used primarily for equipment and construction material supply storage, vehicle repair and maintenance, staff offices, and other related activities.

Coworking Space. A facility that contains desks or other workspaces that are made available to individuals or small businesses for short term intervals on a membership, day, or hourly rental basis, and that includes shared business resources (e.g., internet, meeting rooms, office equipment). A Coworking Space may host classes or networking events which are either open to the public or to current or prospective members. Fabrication tools are limited to those that do not generate noise or pollutants in excess of what is customary within a typical office environment.

Crop Production. Agricultural uses including the production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields, seed production, ornamental crops, tree and sod farms, associated crop preparation services and harvesting activities including mechanical soil preparation, irrigation system construction, spraying not involving the use of aircraft, crop processing and sales in the field not involving a permanent structure. This classification does not include cannabis cultivation which is regulated under Section 25.32.17 “Cannabis Regulations” and Chapter 10E of the Fairfield Municipal Code.

Custom Home. Single-family housing plans that:

  1. Are not an approved production home for the residential subdivision in which it is located; and

  2. Are not constructed more than once in a residential subdivision;

  3. Or are located in a subdivision that consists of single lots sold individually to purchasers who contract individually for house plans.

  • D. Land use definitions, “D”.

Density. The number of dwelling units per gross developable acre as defined under “Acreage, Gross Developable.”

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

Donation Station. A facility inside a building that accepts donated personal household items for resale or distribution to other parties during normal business hours.

Drive-Through Sales (in conjunction with any Food and Beverage Services use). Service of patrons in vehicles from a window adjacent to a drive aisle or lane. This activity may occur in conjunction with a restaurant or a food and beverage sales business.

Duet. Two attached dwelling units, each of which is located on it’s own individual property. This definition shall include housing developments where property owners of individual homes collectively own common areas for access, use, and maintenance purposes.

Duplex. Two dwelling units located on the same property, attached to each other. This definition shall include housing developments where property owners of individual homes collectively own common areas for access, use, and maintenance purposes.

Dwelling, Condominium: A multifamily housing type characterized by ownership of airspace, not land. Can include townhouses, flats, apartment-style units, and lofts, including units located in mixed-use buildings.

Dwelling, Townhouse: An attached multifamily housing type characterized by the ownership of the building and a legal parcel of land, typically the footprint of the building and any attached patios, garden areas, or other land area owned by the property owner in question.

Dwellings, Multi-family. Three or more attached dwelling units or any residential units integrated into a non-residential building consistent with Section 25.22.4.3. Examples of multifamily dwellings include but are not limited to apartments, condominiums, and residential units located above a storefront. This definition shall include housing developments where property owners of individual dwelling units collectively own common areas for access, use, and maintenance purposes.

Dwelling, Single-family detached. A single dwelling unit detached from all other units.

Dwelling unit. One or more habitable rooms physically arranged to create an independent housekeeping establishment for occupancy by one household, with separate exterior access, toilet, and facilities for cooking and sleeping.

  • E. Land use definitions, “E”.

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.

Emergency Medical Care. A facility providing medical care to persons requiring immediate attention on a 24-hour basis with no provision for continuing medical care on an inpatient basis, includes incidental medical testing and services.

Entertainment (in conjunction with any Food and Beverage Services use). An establishment where live entertainment occurs or where recorded music is played at a noise level of 70 dBA or more (as measured from a dance floor or nearest seating from the noise source). Live entertainment includes any performance, act, dancing, or sport, regardless of whether or not the performers are compensated or where patrons participate, e.g., karaoke. Coin-operated music player machines, i.e., jukeboxes, or other recorded music shall typically be exempt if operated below the above noise limit.

Equestrian Facility. A commercial stable offering shelter and care of horses or other equine animals including incidental paddocks, exhibition facilities, barns, and similar accessory buildings and structures. May include personal improvement services, day rental, one single family dwelling, accessory dwelling unit, and a caretaker’s residence.

Equipment Rental, Indoor. An establishment whose primary income is derived from renting machinery, tools, sports gear, furnishings, and other articles to be used by customers off the premises and where storage of rental merchandise occurs entirely within an enclosed building.

Equipment Rental, Outdoor. An establishment whose primary income is derived from renting machinery, tools, sports gear, furnishings, and other articles to be used by customers off the premises, where storage of rental of merchandise occurs outdoors.

  • F. Land use definitions, “F”.

Family. One or more persons occupying a premises and living as a single housekeeping unit.

Family Day Care Home. A day care facility located in a dwelling where an occupant of the residence regularly provides care and supervision for fourteen or fewer children, for periods of less than 24 hours per day, or as permitted by and subject to state law. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Farm employee. A person employed in agriculture or activities associated with agricultural packing and storage and transportation of 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 more 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.

Farm Labor Housing. Includes dwellings, mobile homes, room and boarding houses, and dining halls for farm or other agricultural workers employed in land occupied by the property owner on which the quarters are located.

Firearm or Archery Range. A facility used for the discharge of weapons. May occur indoors or outdoors. Includes incidental buildings or structures and the training of patrons as a personal improvement service.

Fishing or Game Club. A facility used for the assembly of persons participating in hunting and similar field sports. Includes duck blinds, piers, observation stands, and similar accessory structures.

Fitness Studio. A facility with less than 5,000 square feet of floor area that specializes in fitness-related instruction, typically in a small group or one-on-one instructional setting. Includes small gyms, specialty strength training studios, yoga studios, and martial arts studios. Larger facilities offering fitness training will be classified as an athletic club.

Floor Area, Gross. The sum area of all floors in a building as measured from the exterior faces of the walls. Gross floor area does not include unenclosed porches or balconies, residential accessory structures regulated in Section 25.20.4.1, and attics or cellars not used for human occupancy. Gross floor area shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Florist. A retail establishment selling prepackaged and custom flower and plant arrangements along with ancillary goods including vases, decorative pottery, and similar goods.

Food and Beverage Sales. Establishments serving a single type of food or beverage products prepared for either on- or off-site consumption. Includes bakery shops; coffee, bagel or donut shops; ice cream parlors; and similar uses.

Frontage. The property lines bordering a public or private street.

Funeral and Interment Services. An establishment providing services involving care, preparation, or disposition of the deceased. Typical uses include a crematory or mortuary, but excludes cemeteries and mausoleums.

Furniture, Fixtures, and Appliance Sales. An establishment engaged in the retail sale of furniture, flooring, and appliances; bathroom and kitchen fixtures and cabinets; and similar products. The business space shall incorporate more than 70% of the floor area for retail display with no more than 30% of the area devoted to warehousing or storage of merchandise. The business shall be open to foot traffic during periods of typical business hours. This classification includes incidental storage and repair services of the products sold, but excludes the sale of used appliances and furniture, which is classified under “Retail Sales - Used Merchandise (General Merchandise).”

G. Land use definitions, “G”.

General Plan. The City of Fairfield General Plan, including all elements thereof and all amendments thereto, as adopted by the Council under the provision of Sections 63500 et seq. of the Government Code, and referred to in this Zoning Ordinance as the “General Plan.”

Golf Course. Outdoor facilities for golfing, including any uses that may be ancillary to the course, such as a pro-shop, restaurant, coffee shop, and similar subordinate uses.

Grazing. The raising or feeding of horses, beef cattle, sheep and goats, and other similar animals, on a parcel or contiguous group of parcels 10 gross acres or more by allowing the land these animals occupy to provide most of their food (e.g. irrigated pasture, dry pasture, range grasses, etc.). Does not include feed lots, which are separately defined. See the definition of “Fowl or Hog Ranch” and Chapter 3 of the City Code.

H. Land use definitions, “H”.

Handicraft Shop. An establishment producing goods by hand manufacturing involving the use of hand tools and small-scale equipment, including ceramic studios, candle makers, custom jewelry manufacturing. Includes the retail sale of those products produced on-site.

Helipad. A facility provided for the landing and take-off of helicopters only.

Heliport. A facility provided for the landing and take-off of helicopters, and associated repair, maintenance, refueling, and storage facilities.

Home Occupation. An occupation conducted within a dwelling unit by person(s) residing on the property.

Homeless Shelter. An establishment providing short-term transient shelter to homeless persons including incidental support functions, such as food service and counseling.

Home Owners’ Association. A State-registered private organization composed of residents within a residential development who own in common certain property or facilities and are responsible for the maintenance and management of the commonly owned property or facilities.

Hospital. Hospitals and similar establishments primarily engaged in providing diagnostic services and extensive medical treatment including surgical and other hospital services. Such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete or specialized health care. May include accessory retail uses and helipads.

Hotel. An establishment offering transient lodging and usually meals, entertainment, conference facilities, and various personal services for guests and/or the public.

Hotel/Motel - Extended Stay. An establishment offering transient lodging that provides separate bathroom, kitchen and sleeping areas in each rental unit. Each rental unit shall be at least 250 square feet. The kitchen shall be a separate, self-contained facility containing all of the following: a sink with garbage disposal, built-in counter-top range with at least two burners, minimum 14 cubic-foot refrigerator/freezer combination, microwave, dishes, and flatware.

  • I. Land use definitions, “I”.

Industrial Services. Establishments providing industrial services to individuals or businesses. This classification includes commercial printing and binding shops; dry cleaning plants; metal, machine and welding shops; cabinetry and woodworking shops; furniture upholstery shops; and similar businesses engaged in custom fabrication and repair.

Infill. A development project constructed on vacant or underdeveloped property with development on two or more abutting properties.

  • J. Land use definitions, “J”. No land uses beginning with “J” are used at this time.

  • K. Land use definitions, “K”. No land uses beginning with “K” are used at this time.

  • L. Land use definitions, “L”.

Laboratory, Processing. An establishment or facility engaged in routine testing or analysis of medical specimens or chemical compounds; performing limited laboratory processing procedures, such as film developing; the small scale production of custom-made or custom-fitted products, such as eyeglasses, dentures and prostheses; and other similar activities. This use

excludes establishments where product design and testing, industrial or scientific research, or prototype development is a primary activity.

Land Preserve. The land and operation of fish hatcheries, fish and game sanctuaries, propagation, and interpretive centers. May include incidental observation stands, decks, piers, and maintenance facilities.

Large Truck and Machinery - Sales and Leasing. Retail sales or leasing of heavy-duty trucks, tractors, forklifts, construction or agricultural equipment, including incidental storage, installation, and maintenance. This classification excludes auctions.

Lot. A lot shall mean the following:

  1. A parcel of real property shown on a subdivision or plat map, as required by the Subdivision Map Act or the City of Fairfield City Code to be recorded before the sale, transfer, or lease of parcels on the map or plat, at the time the map was recorded;

  2. A parcel of real property that has been issued a building permit or certificate of compliance as provided by Government Code Section 66499.35 of this Zoning Ordinance; or

  3. A parcel of real property not described in (1) or (2) above, provided the parcel resulted from a lawful separate conveyance that was consistent with the applicable law at the time of the conveyance and/or recordation.

Lot Area. Gross lot area is the total horizontal area included within the property lines exclusive of dedicated street rights-of-way and environmental mitigation areas. Net lot area excludes common areas, easements for: utilities; flood control channels; public landscape, which limit the ability to locate a building and are less than 10 feet wide in any horizontal dimension.

Lot Types. The types of lots referenced by the Zoning Ordinance are listed below and illustrated by Figure 25-7: Lot Types.

  1. Corner. A parcel located at the intersection of two or more streets where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the parcel is considered an “interior parcel”.

  2. Flag. A parcel having access to a public or private street by means of private right of way strip that is owned in fee.

  3. Interior. A parcel abutting only one street.

  4. Irregular. Parcels with pentagonal, curvilinear, wedged, trapezoidal, or pie shape.

  5. Key. An interior lot whose rear property line abuts the side property line of a corner lot.

  6. Reversed Corner. A corner parcel, the rear of which abuts the side property line of another parcel.

  7. Through-lot. A parcel with frontage on two approximately parallel streets with only one principal access.

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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.

M. Land use definitions, “M”.

Maintenance and Repair, Machinery and Small Engine. An establishment engaged in the maintenance and repair of machinery and equipment which may have small internal combustion engines typically less than 25 horsepower, including lawnmowers, rotary tillers, and similar equipment. All other engine repair establishments are classified under “Automobile and Vehicle Repair.”

Maintenance and Repair, Personal and Household Items. Service establishments where repair of consumer products is the principal business activity, including: bicycles; electrical repair shops; television and radio and other appliance repair; watch, clock, and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under “Personal Care and Domestic Services").

Manufactured Home. A residential building or dwelling unit which is either wholly or partially constructed or assembled off the site in accordance with Section 18551 of the Health and Safety Code and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 4401 et seq.).

Manufacturing and Assembly. Manufacturing and assembly activities are defined and categorized below. If a particular land use is identified as an example of one category but exhibits the characteristics of another, the use shall be categorized under the latter.

  1. Light. Product assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a complete machine or blended together to form a non-combustible and non-explosive product. Product packaging, including bottling, canning, packing, wrapping, and boxing of products assembled or manufactured off-site. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that create significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area.

Examples of assembling include, but are not limited to, the production of the following: clothes; furniture (where wood is milled off-site); pharmaceuticals; hardware; toys; mechanical components; electric or electronic components; small vehicle assembly; and computer software. Examples of packaging include facilities for bottling beverages, canning and wrapping foods, and boxing electronic components.

  1. Medium. Manufacturing of products from processed or unprocessed raw materials, where the finished product is noncombustible and non-explosive. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land uses, but is not offensive or obnoxious. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area. This use shall include any packaging of the product being manufactured on-site.

ished product is noncombustible and non-explosive. This manufacturing may produce noise, vibrations, illumination, or particulate that is perceptible to adjacent land uses, but is not offensive or obnoxious. Odors produced on-site shall not have a material negative effect on other businesses or properties in the area. This use shall include any packaging of the product being manufactured on-site.

Examples include, but are not limited to, the production of the following: glass products made from manufactured glass; clay and pottery products; foods and beverages; candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin; converted paper and cardboard products; fabricated metal products made from semi-finished metals.

  1. Heavy. Manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category shall also include any establishment or facility using large unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment, that cannot be integrated into the building design, or engaging in large-scale outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified as under this land use. This use shall include any packaging of the product being manufactured on-site.

Examples include, but are not limited to, the production of the following: large-scale food and beverage operations including a brewery and all production-related activities of a brewery; lumber, milling, and planing facilities; aggregate, concrete, and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabricating facilities; chemical blending, mixing, or production; and plastic processing and production.

Market, Convenience. An establishment with a gross floor area of less than 6,000 square feet offering for sale a variety of fresh or prepackaged food and beverage products, alcoholic beverages for off-site consumption, household items, and similar products. This use may include a market that is combined with another use, such as an automobile service station, when the

market net floor area is between 500 and 6,000 square feet. Includes liquor stores below 6,000 square feet which focus on the sale of alcoholic beverages.

Except for when the convenience market will sell alcoholic beverages for off-site consumption, a convenience market with less than 500 square feet combined with an automobile service station shall be considered ancillary to and a part of the service station use (see definition for “Automobile Service Station”).

Market, Grocery or Supermarket. An establishment offering for sale fresh or prepackaged food products, household items, and similar products, and having a gross floor area of 6,000 square feet or more. Includes ancillary delicatessens, bakeries, and financial services (e.g., bank tellers or automated teller machines).

Market, Specialty Food and Beverage. An establishment emphasizing a unique range of specialty food and beverage products in distinct categories of merchandise such as local farm-to-table products, seafood, specialty butcher, cheese, or specialty wine. This use is distinct from other food or beverage stores in that the market focuses on a range of products not readily available at a convenience market or grocery. Nonspecialty products may only be sold as an ancillary activity. Wine, beer, and spirits tasting, with pours limited to two ounces for beer and wine and ½ ounce for spirits, is permitted as an ancillary activity.

Mausoleum. A facility, including columbarium, that provides entombment of the dead in above-ground compartmentalized structures.

Mini-storage: Exterior. Establishments primarily offering individualized enclosed storage spaces for rent or lease to the general public, including self-storage and mini-storage facilities. This use includes individual storage spaces with exterior or outdoor access. These uses may include a caretaker’s residential unit, moving trucks and trailer rentals or the retail sales of moving and storage supplies, as accessory uses to the facility. This use excludes establishments where the primary use is outdoor vehicle storage.

Mini-storage: Interior. Establishments primarily offering individualized enclosed storage spaces for rent or lease to the general public, including self-storage and mini-storage facilities. This use includes individual storage spaces that are climate-controlled and only accessible from the interior of a building, with a limited number of common loading doors to the outside. These uses may include a caretaker’s residential unit within the building and the retail sales of moving and storage supplies, as an accessory use to the facility. This use excludes moving trucks and trailer rentals and the outdoor storage of moving equipment, vehicles, trucks, RVs, and boats.

Mining, Surface or Subsurface. All, or any part of the process of surface or subsurface removal of soil, minerals, or other earthen material, on a commercial basis. This land use includes open-pit mining of naturally exposed materials, mining by auger, dredging and quarrying, drilling, prospecting and exploratory activities, the creation of borrow pits, stream bed skimming, and the segregation, stockpiling, and recovery of mined materials.

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.

Mobile Home. A structure, transportable in one or more sections, designed and equipped to maintain no more than two dwelling units to be used or used without a foundation system. Mobile home does not include a recreational trailer, commercial coach or trailer, and factory built housing.

Mobile Home Park. A facility as defined in Health and Safety Code, Section 18200 et seq. Mobile home park shall not include any vacant site subdivided to accommodate mobile homes for residential purposes, which is instead considered a subdivision.

Motel. An establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area. Motels typically do not offer meals, entertainment, conference facilities, and personal services to guests and/or the public.

Moving and Drayage Services. A business engaged in the pickup, delivery, transportation, and short-term storage of personal or business goods or possessions not intended for subsequent resale by the moving and drayage service. Includes associated warehouse space as well as space for parking and/or storage of trucks and trailers associated with the activities of the business.

Museum. A public or quasi-public institution of a non-commercial nature that procures, cares for, studies, and displays objects of lasting interest or value. Examples of museums include art and historical museums, aquariums, planetariums, botanical gardens, arboretums, and historical sites and exhibits. The display of animals for public viewing is under “Zoo”.

Music Shop. A retail shop offering the sale or rental of musical instruments, equipment, supplies, sheet music, music instruction textbooks, and similar merchandise associated with amateur and professional music. Can include ancillary services such as music lessons, instrument repair, and recording studios.

N. Land use definitions, “N”.

New Merchandise Sales. An establishment engaged in retail sales of goods, including, but not limited to, the retail sale of new merchandise not specifically listed under another land use classification. The classification includes the following uses:

art supplies specialty stores
bookstores sporting goods
department stores hobby stores
paint and wallpaper stores jewelry
general stores kitchen supplies
hardware newsstands
fabrics and sewing supplies nursery products, indoor
drug and discount stores religious goods
gift shops ofce supply and stationery
stores

This classification does not include the sale of furniture, flooring (including carpet), appliances, or bathroom and kitchen fixtures, which are classified under “Furniture, Fixtures, and Appliance Sales.” This classification also does not include apparel and accessory stores, convenience markets, specialty food markets, electronics, cameras, and photographic shops, flower shops, musical instruments or music stores, video rentals, pet stores, tattoo shops and supplies, or tobacco shops.

Nonconforming. A building, structure, or portion thereof, or use of building or land that does not conform to the regulations of the Zoning Ordinance and which lawfully existed at the time the regulations that created the non-conformity became effective through adoption, revision, or amendment.

Non-profit organization. An organization that:

  1. Is exempt from federal income tax pursuant to Section 501 of the United States Internal Revenue Code;

  2. Devotes its net earnings exclusively to religious, charitable, scientific, literary, educational or fraternal purposes; and

  3. Has received from the Secretary of State its certificate of nonprofit corporation, association or society.

Nursing Home. Residential facilities providing nursing and health-related care as a principal use with in-patient beds, such as: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes. Nursing Homes are licensed by the State Department of Public Health as Skilled Nursing Facilities or Congregate Care Health Facilities.

O. Land use definitions, “O”.

Objective Design Standards. A standard that involves no personal or subjective judgement by a public official or decisionmaking authority and are uniformly verifiable by reference 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."

Office, Administrative, Business, or Professional. Offices for businesses and organizations providing services of a non-retail character to clients, where items are not typically offered for sale on the premises. These uses include, but are not limited to:

accounting and tax preparation insurance agencies
auto broker (no on-site storage or display) legal services
civic or charitable organization ofce management and public relations
consulting services mortgage or title companies
court reporting services professional membership organizations
counseling services real estate ofces
detective agencies social service organizations
employment and secretarial agencies word processing services
engineering and environmental services

This classification does not include offices operated by a local, State, or Federal agency which are classified under “Offices, Government”, nor offices providing outpatient medical services, which are classified under “Offices, Medical and Dental.”

Office, Government. Administrative offices for a local, State, or Federal agency.

Office, Medical and Dental. Offices providing outpatient medical, mental health, surgical, and other personal health services. Includes general practitioner, specialized medicine, chiropractic, psychiatric, psychological, ophthalmic, blood banks, and similar offices. This classification does not include any facility to which ambulance service is provided on a regular basis.

Open Space. Any parcel or area of land or water essentially unimproved and dedicated as an open space use as defined in Government Code, Section 65560.

Open Space, Common. Open space within a project owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is maintained by a private organization made up of open space users. Common open space includes common recreational facilities, open landscaped areas, greenbelts, but excluding pavement or driveway areas, or parkway landscaping within public rights-of-way.

Open Space, Private. The private area directly abutting a dwelling that is intended for the private enjoyment of the occupants of the dwelling. Private open space shall in some manner be defined such that its boundaries are evident. Required private open space for multifamily units include patios or balconies (excluding any walkway to the principal building entry). Required open space for single family dwellings may be located in a permitted yard area exclusive of the required front or side street yard setback.

P. Land use definitions, “P”.

Park. Publicly owned land used for active or passive recreation. May include incidental uses such as a community center, sport courts and similar recreation, and open space.

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

Pawn Shop. An establishment that buys and sells new or used merchandise, and offers loans in exchange for personal property. This land use differs from a consignment shop, which does not offer loans in exchange for personal property.

Personal Care and Domestic Services. Establishments providing non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided. These establishments include beauty and barber shops, shoe repair shops, tanning salons, tailoring establishments, interior decorating, clothing rental, portrait photography.

This classification does not include any establishment providing outpatient medical services, which are classified under “Offices, Medical and Dental.”

Personal Care and Domestic Services-Limited. Personal Care and Domestic Services-Limited include, psychic readers, and self-service laundries, uses that may impact quality of life, neighborhood character or public health and safety.

Personal Instruction Studio. An establishment that provides instructional services to individuals or small groups for development of personal improvement skills, including personal safe driving instruction, fine arts, weight loss studios, dance, crafts, and music. This classification does not include vocational training. This land use focuses on the arts, personal improvement skills, music, and other skills. Athletic training facilities are generally defined as Fitness Studios or Athletic Clubs.

small groups for development of personal improvement skills, including personal safe driving instruction, fine arts, weight loss studios, dance, crafts, and music. This classification does not include vocational training. This land use focuses on the arts, personal improvement skills, music, and other skills. Athletic training facilities are generally defined as Fitness Studios or Athletic Clubs.

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

Photo, Video, and Electronic Retailers. An establishment selling camera equipment, video production equipment, and consumer electronics. Includes processing of film and on-site photo production end editing. Can include rental of equipment and ancillary repair services.

Plant Nursery – Agricultural. A non-retail agricultural establishment engaged in the production of ornamental or crop plants grown outdoors or within large-scale greenhouses for wholesale distribution or on-site crop production. May include one caretaker’s residence, one single family dwelling, and seasonal sales not to exceed 30 days per calendar year. Nurseries with retail sales are defined under “Plant Nursery – Landscape” or “New Merchandise Sales”, as applicable.

Plant Nursery - Landscape. Commercial establishments selling landscape nursery products and related supplies. Growing ornamental plants and other nursery products, grown under cover or outdoors, is allowed as an ancillary use. The classification excludes bulk sales of landscape materials, but includes the sale of prepackaged materials (e.g., soil amendments in sealed bags). The sale of house plants or other nursery products entirely within an enclosed building is included under “New Merchandise Sales.”

Playground. Land used for active recreation with an emphasis on youth activities or active recreation areas within residential projects.

Private Transportation Service. Establishments providing non-public transportation services for a fee, including limousine, bus, taxi, or airport shuttle services. This use includes the storage of vehicles, offices, and maintenance facilities related to the transportation service.

Property Line, Front. On an interior parcel, the parcel boundary abutting a public right-of-way. For corner parcels, the front shall be the side with the shorter dimension. In the case of corner parcels having equal frontages, the front shall be the side where the extension of the front boundary line is coincidental with the greatest number of interior parcels.

For flag lots, the property line shall be defined by the interior lot line parallel to and nearest to the street from which access is obtained.

For through lots, both property lines abutting the street shall be considered front property lines. All front setbacks and other requirements shall be met for both front property lines.

Property Line, Rear. The parcel boundary or boundaries most distant from and closely parallel to the front property line. For through lots, both parcel boundaries abutting public streets shall be considered front property lines.

Property Line, Side. All other property boundaries that is not a front property line or rear property line.

Public Safety Facility. A facility operated by a government agency for public safety and emergency services, including a facility that provides police and fire protection.

Q. Land use definitions, “Q”. None.

  • R. Land use definitions, “R”.

Reading Room. Establishment that provides reading material to patrons who read the material primarily on-site with little or no retail sales. Religious study may occur in conjunction with a reading room where such uses are clearly ancillary to the reading room.

Recreational Vehicle, Boats, and Trailer Sales. Retail sales or leasing of motor homes, trailers, and boats, including incidental storage, installation of accessories, and maintenance. This classification excludes vehicle sales and auctions.

Recycling Collection Facility–Small. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:

  1. Reverse vending machine. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip;

  2. Small collection facilities. A facility that occupies an area of 700 square feet or less and may include: a mobile unit, vehicle, or trailer; a grouping of reverse vending machines occupying no more than 50 square feet; and kiosk-type units which may include permanent structures.

Recycling Collection and Processing Facility. A facility used to collect, sort, consolidate, and process household recyclable materials including paper, paperboard, glass, plastic, and aluminum, for use as raw material to produce new items at other locations. This activity may include incidental storage, office, and maintenance facilities.

This land use includes facilities which process clothing and household goods and packaging, consumer electronic waste (ewaste) recycling, and consumer appliances containing Freon.

This land use also includes facility types identified in the City’s Source Reduction and Recycling Element (SRRE), namely:

Intermediate Processing Facilities (IPF) which recover and process source-separated materials. An IPF does not produce any residual that would require landfilling, and does not require State CalRecycle permitting

Material Resource Recovery Facilities (MRRF) recover recyclable materials from a mixed waste stream. MRRF may produce a residual waste stream that requires landfilling, therefore is required to obtain a permit from State CalRecycle.

A recycling collection and processing facility does not include the collection and/or processing of solid waste, residual waste, organic waste or hazardous waste. Hauling of residual materials produced by MRRF must follow guidelines per Chapter 9 requirements.

Research and Development. An establishment or facility engaged in industrial or scientific research, product design, development and testing, and limited manufacturing necessary for the production of prototypes.

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 daily 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. 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 Caretaker Unit. Residence for use by a 24-hour security guard and his or her family who is employed by the property user.

Restaurant, Counter Service. An establishment serving food and beverages prepared on-site where customers may order full meals from a walk-up counter for either on- or off-site consumption. This classification typically includes delicatessens and similar establishments where table seating is provided.

Restaurant, Table Service. An establishment serving food and beverages prepared on-site where food orders are taken and delivered at a customer’s seating area. This classification includes the sale of beer and wine, catering, or take-out business as ancillary uses and permits full-bar service ancillary to the restaurant use as defined under “Bar” above.

S. Land use definitions, “S”.

School, Business. A public or private establishment offering business, professional, secretarial, or computer education and training in an office or classroom setting. Also includes specialized non-degree granting schools offering such subjects as personal growth and development (including health awareness, environmental studies, communications, and management, as well as academies for commercial art, acting, music, dancing, culinary training, and similar establishments providing educational tutoring or educational courses by mail.

office or classroom setting. Also includes specialized non-degree granting schools offering such subjects as personal growth and development (including health awareness, environmental studies, communications, and management, as well as academies for commercial art, acting, music, dancing, culinary training, and similar establishments providing educational tutoring or educational courses by mail.

Schools, College or University. Community colleges, public or private colleges, universities and professional schools granting associate in arts degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.

Schools, Elementary and Secondary. Public and private elementary, middle, junior high, and high schools serving grades kindergarten through 12, including boarding schools and military academies. Pre-schools and child day care facilities are included under the definitions of “Child Day Care Center” and “Family Day Care Home.”

School, Personal and Social Development. A public or private establishment offering education and training in social skills, life skills, employment counseling and basic job training, and similar educational programs for the unemployed, the disabled, and youth. This education occurs in an office/classroom setting.

School, Vocational. A public or private establishment offering specialized trade and commercial courses for the purpose of technical, vocational or occupational training. These schools typically involve workshops, laboratories, or similar facilities as well as outdoor instruction and outdoor storage. This classification includes specialized non-degree-granting schools offering such subjects as: professional driving schools for commercial licenses, welding, woodworking or material fabrication, and

engineering and/or automotive design and/or repair. Education occurring primarily in an office or classroom setting will be classified as “School, Business” or “School, Personal and Social Development.”

Scrap and Salvage Operation. An establishment where materials are collected in bulk quantities for use as raw material to produce new items at other locations, or dismantled for wholesale use or direct sale to the public. This classification includes vehicle salvage, but excludes collection of household recyclable materials.

Service Station. An establishment selling gasoline, diesel fuel, alternative fuels, lubricants, and accessories. This classification includes incidental maintenance and repair when performed in conjunction with the sale of fuels, but excludes body work or repair of heavy trucks, construction equipment, and similar vehicles. Also included in this classification is a convenience market that is combined with an automobile service station that is less than 500 square feet.

Setback. The required distance that a building, structure, parking, or other designated object must be located from a property line.

Single Room Occupancy (SRO) Housing. Housing characterized by smaller individual dwelling units with all functions in a single room. SRO Housing requires communal/shared facilities and services.

Stadium. An unroofed building with bleachers or tiers of seats for spectators at sports events.

Storage, Outdoor. The storage of materials and goods not within an enclosed structure for more than 72 hours. Includes the storage of operable and inoperable vehicles.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

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.

T. Land use definitions, “T”.

Tandem Parking. Two parking spaces, one located behind the other.

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.

Tasting Room. An establishment operated by a winery, brewery, distiller, or producer of other alcoholic beverages or a cooperative organization that highlights beverages that they produce. Tasting Rooms offer up to two-ounce sample pours of wines and beers or up to half-ounce pours of distilled spirits produced by the winery, brewery or distillery.

Wine, beer, and distilled spirits produced by the operator may be sold for consumption on site or off site subject to the restrictions of the California Alcoholic Beverages Commission license held by the business. An establishment that sells alcoholic beverages from a variety of producers primarily for on-site consumption would be classified as a Bar.

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

Theater. An establishment providing indoor or outdoor facilities for motion pictures or dramatic or musical performances and concerts. Outdoor facilities include amphitheaters but excludes stadiums, arenas, and racetracks.

Tobacco Sales (Specialty) and Smoke Shops. Establishments engaged primarily in the retail sale of tobacco products, including cigarettes, cigars, pipes, pipe tobacco, rolling papers, and flavored smoking products. Can include humidors and smoking rooms. Does not include stores where more than 40% of the product displayed and sold is non-tobacco or non-vapor device related. This classification does not include stores where alcohol is sold or consumed.

Transit Station or Terminal. Passenger and freight nodes for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

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.

Transparency. The condition of a vertical surface that allows light to pass through so that objects behind can be clearly seen.

Truck stop. A facility primarily used for temporary, daily, or overnight parking of commercial motor vehicles (any vehicle or combination of vehicles which requires a class A or class B license, or a class C license with an endorsement issued pursuant to paragraph (4) of subdivision (a) of Section 15278 of the California Vehicle Code), trucks including truck tractors, and similar vehicles with two or more rear axles for free or for a fee that is charged independently of any other use on the premises. This use shall include any ancillary uses on the same property such as the sale or provision of fuel, food, and/or shower or sleeping facilities.

U. Land use definitions, “U”.

Unenclosed. A structure open on at least two sides.

Used Merchandise Sales. An establishment that sells any used item, including clothing, kitchen utensils, toys, furniture, appliances, and similar items but excluding antique or collectibles and automobiles, vehicular, and similar equipment. A Used Merchandise Store does not include a Consignment Shop, which sells used goods on consignment for clients, or a Pawn Shop, which among other services offers loans in exchange for personal property.

sells any used item, including clothing, kitchen utensils, toys, furniture, appliances, and similar items but excluding antique or collectibles and automobiles, vehicular, and similar equipment. A Used Merchandise Store does not include a Consignment Shop, which sells used goods on consignment for clients, or a Pawn Shop, which among other services offers loans in exchange for personal property.

Utilities, Public or Quasi-public - Major. This use includes public and quasi-public utilities or infrastructure not exempted from land use permit requirements by Government Code §53091: power generating plants and Wind Energy Conversion Systems (WECS); high voltage electrical transmission lines and electrical substations; water reservoirs, major flood control facilities; water or wastewater treatment plants and settling ponds; and similar facilities operated by a public agency or public utility which are necessary to support development of the community, sub-region, or regional area. Does not include office or customer service centers (classified as “Office”), or equipment and material storage yards (classified under “Corporation Yard”). Does not include telecommunication antennas which are defined in Section 25.33 (Wireless Telecommunications Facilities).

Utilities, Public or Quasi-public - Minor. This use includes public and quasi-public utilities or infrastructure that is necessary to support development of land in the surrounding area. This includes small buildings such as structures to house municipal water pumps, above-ground utilities such as local electrical or telephone lines, and underground utilities such as water and sewer lines. Does not include telecommunication antennas which are defined in Section 25.33 (Wireless Telecommunications Facilities).

V. Land use definitions, “V”.

Vehicle Accessory Equipment Sales. An establishment engaged in the retail sale of audio equipment, camper shells, equipment racks, and similar equipment, including incidental storage, installation, and maintenance.

Vehicle Sales and Rental. Businesses engaged in the sale or rental of new and used automobiles and light passenger trucks. Includes vehicle display area and may include incidental storage and ancillary major and minor automotive repair, car wash, and sales and installation of accessories.

Vehicle Sales - Antique and Collector. Retail sales of vehicles, that, by virtue of age, value, uniqueness, and/or limited production are unique, collectible, or of special interest. The category excludes the sale of new and used late-model production vehicles, recreational vehicle, boat, and trailer sales, and vehicle auctions.

Vehicle Storage or Impound Yard. A lot for the temporary storage of automobiles, trucks, buses, recreational vehicles, and similar vehicles. This use excludes vehicle repair or dismantling (See “Scrap and Salvage Operation” under “Waste Diversion and Material Recovery”.

W. Land use definitions, “W”.

Wholesale, Storage and Distribution. Includes the following:

  1. Light. An establishment, or multi-tenant building, having 50,000 square feet or less of building area engaged solely in the wholesale, storage, or distribution of goods to other vendors. This land use does not involve sale to the public or any vehicle sales. Excluded from this use are wholesale, storage, and distribution activities that are accessory to an on-site manufacturing/assembly operation.

  2. Medium. An establishment, or multi-tenant building, having 250,000 square feet or less of building area engaged solely in the wholesale, storage, or distribution of goods to other vendors. This land use does not involve direct sale to the public, any vehicle sales, or any “high cube warehouse,” as defined in Wholesale, Storage, or Distribution - Heavy. Also, excluded from this use are wholesale, storage, and distribution activities that are accessory to an on-site manufacturing/assembly operation.

  3. Heavy. An establishment, or multi-tenant building, having more than 250,000 square feet of building area engaged solely in the wholesale, storage, or distribution of goods to other vendors. Also included in this land use are “high cube” warehouses. These warehouse shall be defined as buildings that contain more than 100,000 square feet of floor area, are 50 feet in height or greater, and use vertical storage racking systems. This land use does not involve direct sale to the public or any vehicle sales activities. Excluded from this use are wholesale, storage, and distribution activities that are accessory to an on-site manufacturing/assembly operation. This land use shall include any establishment engaged in the storage or distribution of any combustible or explosive substance, including any petroleum product, as a primary use.

Wind Energy Conversion System (WECS). One or more wind machines or facilities, including the necessary buildings, structures, and transmission lines, used to generate or provide electricity. This classification excludes wind machines used to pump water for household irrigation, household use, or watering of livestock and similar animals.

  • X. Land use definitions, “X”. None.

  • Y. Land use definitions, “Y”.

Yard. The open space between the required setback and the nearest property line (see Figure 25-9: Setbacks).

Yard, Front. The full width of the parcel between the front property line and the setback line required by the zone district, extending to the side property lines.

Yard, Rear. The full width of the parcel between the rear property line(s) and the rear yard setback line required by the zone district. In case of a corner or flag lot, the rear yard is that portion of the lot opposite to the front yard.

Yard, Side. A yard between the side property line and the required setback line extending from the front setback to the rear setback.

Yard, Street Side. A yard between the side property line bounding a street extending from the front setback line to the rear property line.

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Figure 25-9: Setbacks

Z. Land use definitions, “Z”.

Zoo. An establishment providing care and maintenance for exotic animal species for display to the public. This classification includes avian and small animal rehabilitation or rescue centers. This definition excludes facilities owned and operated by the City. (Ord. No. 2008-08 § 2; Ord. No. 2009-06 § 2; Ord. No. 2009-15, § 2; Ord. No. 2009-17, § 2; Ord. No. 2010-03, § 2; Ord. No. 2011-03, § 2; Ord. No. 2012-04, § 2; Ord. No. 2012-15, § 2; Ord. No. 2014-03, § 2; Ord. No. 2015-05, § 5; Ord. No. 201506, § 2; Ord. No. 2016-02, § 3; Ord. No. 2016-03, § 2; Ord. No. 2016-08, § 2; Ord. No. 2017-03, § 1; Ord. No. 2017-06, §§ 4 – 6; Ord. No. 2017-08, § 2; Ord. No. 2018-03, §§ 2, 14; Ord. No. 2018-06, § 15; Ord. No. 2019-04, §§ 6, 10; Ord. No. 2020-05, §§ 2 – 4; Ord. No. 2020-06, § 2; Ord. No. 2020-14, § 3; Ord. No. 2020-20, § 2; Ord. No. 2021-14, § 13; Ord. No. 2021-21, § 5; Ord. No. 2023-03, § 10; Ord. No. 2024-07, § 2; Ord. No. 2025-01, § 14; Ord. No. 2026-01, § 12.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2527.html

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SECTION 25.51 MEASUREMENTS

Sections:

25.51.1 Purpose 25.51.2 Rounding Fractions 25.51.3 Measuring Distances 25.51.4 Measuring Parcels

25.51.5 Measuring Height

25.51.6 Measuring Building Transparency

25.51.1 Purpose

This Section explains how to calculate results and determine various measurements referenced in this Zoning Ordinance.

25.51.2 Rounding Fractions

When calculations result in a fraction, the result shall be rounded to the next whole number according to this Section. Setback distances are stated as absolute values and will in no case be rounded to the next whole number.

A. Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result will be rounded up to the next consecutive whole number. For example, if a minimum requirement for one street tree for every 40 feet is applied to a 100 foot strip, the resulting fraction of 2.5 is rounded up to three required trees.

B. Maximum requirements. When a regulation is expressed in terms of maximum limits, any fractional result lower than .49 will be down to the next lower whole number. For example, if a maximum height for a building is 35 feet and the building actually measures 35 ’-5", then the height is in compliance. If the height measured 35’-6", then the height limit is not in compliance.

C. Residential density. When calculating residential density, any fractional result shall be rounded up to the next consecutive whole number. For example, if a maximum limit of 15 dwelling units per acre (du/a) is applied to a 5.3-acre site, the resulting quantity of 79.5 is rounded up to 80 permitted dwelling units. Nothing in this section shall conflict with Planning Commission Resolution 93-7(b).

25.51.3 Measuring Distances

A. Distances are measured horizontally. When determining distances for setbacks and structural dimensions, all distances are measured along a horizontal plane from the appropriate line, wall plane or edge of a structure, storage area, parking area, or other object. These distances are not measured by following the topography of the land (see Figure 25-9: Measuring Horizontal Distances). Measurements involving a structure are made at the closest wall of the structure. Other regulated by this ordinance are included in the measurement. See Section 25.30.6 (Exceptions to Height and Setback Requirements).

Figure 25- 10: Measuring Horizontal Distan

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ce

B. Measurements are shortest distance. When measuring a required distance, such as the minimum distance between a structure and a property line, the measurement is made at the closest or shortest distance between the two objects. An exception is stated in subsection (C). When the distance being is measured is between two land uses, the minimum distance measurement shall be from property line to property line, with the exception of measurements between adult businesses, as identified in Section.25.32.2 (D)(3).

C. Measurement of vehicle stacking or travel areas. Measurement of a minimum travel distance for vehicles stacking lane distances, are measured down the center of the vehicle travel area except where provided in the Zoning Ordinance. For example, travel lanes are measured along center line the arc of the driveway or traffic lane.

25.51.4 Measuring parcels

A. Coverage. Lot coverage is composed by the total of all horizontal areas occupied by structures as regulated by the Zoning Ordinance. Any deck or platform structure over 30 inches in height is included in the measurement. See Section 25.30.6 (Exceptions to Height Limits and Setback Requirements) and Section 25.25.10.6 (Exemptions from Zoning Ordinance Requirements).

B. Depth. Lot depth is measured using the least restrictive of one the following methods (see Figure 25-10: Measuring Lot Depth below):

  1. The distance from the midpoint of the front property line and the midpoint of the rear property line; or

  2. When the rear property line is formed by two or more lines, the measurement shall be from the midpoint of a line formed by connecting the midpoints of the side-most rear property lines to the front property line.

  3. Where no rear property line is apparent, the rear lot line shall be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front property line.

When lot depth is unable to be determined using the prescribed methods, the Director shall determine the most reasonable determination.

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Figure 25-11: Depth

Measuring Lot

  • C. Frontage. Frontage shall be measured according to the following applicable methods:
  1. Frontage, Building. The lineal length of any portion of a building facing any street or common parking area.

  2. Frontage, Residential Parcel. The horizontal measurement of, or tangent to, the midpoint of the front property line extending to the side property lines or except as follows:

a. Flag Parcel. For a parcel with a fee ownership extending from a street or right-of-way to the building area of the parcel, the measurement shall be taken from the adjacent side with the smaller dimension.

b. Corner Parcels. For corner lots, all sides abutting a street is considered frontage. The front of the parcel is the side with the smaller dimension.

D. Width. The horizontal measurement of a line formed at the front setback distance required by the applicable zoning district, extending to the side property lines. In residential districts, the measurement is taken 25 feet from the front property line or the front setback to a garage, whichever width is greater.

E. Maximum Coverage of Required Rear Yard. The coverage for additions and accessory buildings is calculated using the following method:

  1. Calculations. If the rear yard setback is 20 feet on a lot measuring 60 feet by 100 feet, then the lot requires a rear yard area of 1,200 square feet. Therefore, the maximum coverage of the rear yard area for additions is 20 percent of the required rear yard area which is (.20 x 1,200) = 240 square feet. See the example provided in Figure 25-11: Rear Yard Coverage.

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Figure 25-12: Rear Yard

Coverage

25.51.5 Measuring Height

A. Buildings. Building height shall be measured plumb from the highest structural part of a building (not including a chimney) to the building’s finish grade. For buildings with basements, the measurement shall be measured plumb to the point where finish grade would have existed had the basement not been installed.

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Figure 25-13: Building Height

  • B. Other Structures. Specific measurements provisions are provided below.
  1. Retaining Walls and Fences. Walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall.

  2. Decks. Deck height is determined by measuring at any point along the slope directly beneath the platform to the top of the walking surface of the deck. The height of a roof or similar overhead structure for a deck is measured according to paragraph (A).

25.51.6 Measuring Building Transparency

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

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Figure 25-14: Building Transparency

(Ord. No. 2025-01, § 15.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2529.html

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Article III. Subdivision Rules and Regulations.

Editor's Note: This article consists of the subdivision rules and regulations ordinance (Ord. No. 75-8). It is carried in this article exactly as passed; except that a uniform system of capitalization has been used; and except, that section numbers have been changed to conform to the style of the remainder of the chapter

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2530.html

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Division 1. General Provisions

25.116 Authority.

This ordinance is enacted pursuant to the provisions of title 7, division 2, section 66410, et seq., of the government code of the State of California, referred to herein as the subdivision map act, and in addition to any other regulations provided by law, the regulations hereinafter in this chapter contained shall hereafter be known and cited as “The Subdivision Ordinance.”

25.117 Purpose.

The purpose of this ordinance and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate the division of any land for any purpose whatsoever within the city and such unincorporated land situated adjacent to the city as may be annexed to the city.

25.118 Considerations - General plan. specific plan. and zoning ordinance.

All subdivisions shall be consistent with the applicable general plan and specific plan of the city. No land shall be subdivided and developed for any purpose not contemplated or specifically authorized by the precise zoning ordinance or specific plan of the city.

25.119 Environmental impact report process.

The initial step in the subdivision process involves the submission of a request for determination by the subdivider in accord with the requests of the city’s EIR ordinance. Upon receipt of the request for determination, the director of planning and development shall prepare an initial study concerning the project. Such study shall contain relevant, scientific and factual data. The project sponsor shall furnish such further data and information as may be required by the director of planning and development. This additional information may include preparation of an environmental assessment, including an environmental inventory and determination of development suitability for the project area. The requirements for a negative declaration or an EIR shall be based upon the initial study. Preparation of a negative declaration or an EIR shall be processed in accord with the applicable sections of the city’s EIR ordinance.

25.120 Existing conditions.

Consideration shall be given, within the established framework of local streets, to provide for uniformity of street widths and for properly relating alignments and street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the prevention of through traffic in such areas. The amount of street width required shall be directly related to the traffic generating uses including automobiles, pedestrians and cyclists of abutting land as well as traffic which must pass through the subdivision. The topography of the land shall be respected and streets shall be designed so as to prevent excessive grading and scarring of the landscape. Problems of drainage shall be resolved in such a manner to permit the occupants of the subdivision security against flooding.

25.121 Community facilities.

Community facilities, such as parks, schools, fire stations, libraries, or other public uses, shall be provided for in the subdivision process. This chapter establishes procedures for the referral of proposed subdivision maps to those boards, bureaus and other governmental agencies and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner coincident with a subdivision of land and in accordance with such standards as may be adopted in the general plan and/or specific plan of the city. In order to facilitate the acquisition of land areas required to implement this policy, the planning commission may require that land be reserved for community facilities by the subdivider.

25.122 General responsibilities.

(a) The subdivider.

The subdivider shall prepare maps in accord with requirements of this ordinance, consistent to the design standards of the city, providing for public improvements consistent with the improvement standards as contained in this ordinance and shall process such maps through the planning commission and the city council in accordance with the regulations as set forth herein.

(b) Secretary of the planning commission.

All applications for subdivision approval shall be filed with the secretary of the planning commission who shall be responsible for the expeditious processing and prompt referral to other agencies of said application.

(c) City engineer.

The city engineer shall be responsible for certifying to the planning commission and the city council that the proposed subdivision improvements are consistent with the regulations contained herein and shall be responsible further for the supervision and ultimate approval of all such improvements.

(d) Planning commission.

The planning commission shall act as the “advisory agency” to the city council and is charged with the duty of making findings and recommendations on the design and improvement of proposed subdivisions requiring tentative maps and the conformance of such subdivisions with the general plan, specific plan or zoning ordinance and for recommending approval or disapproval of such subdivisions to the city council.

(e) City council.

The city council has final jurisdiction in the approval of subdivision maps, the establishment of standards and public improvements resulting from the subdivision process.

(f) Other public agencies.

Since the provision of certain public facilities and utilities are vested in special districts, agencies and/or public utility companies whose jurisdiction includes the City of Fairfield and contiguous surrounding area and whose services will be required in those areas which are subdivided under the regulations herein, all proposed subdivision maps shall be referred to such agencies for their information, action and written report if deemed necessary by the agency or agencies concerned. The secretary of the planning commission shall coordinate the dissemination of information regarding the proposed subdivision of land and the planning commission shall consider the written reports of the agencies and shall take into account their requirements in recommending approval, conditional approval, or disapproval of the proposed subdivision. Distribution may include the following agencies:

  • (1) The county planning commission.

  • (2) The county engineer.

  • (3) The district engineer of the division of highways of the State of California.

  • (4) The affected school district.

(5) The reclamation board

  • (6) The Corps of Engineers, U.S. Army

  • (7) The Pacific Gas and Electric Company

  • (8) The Pacific Telephone and Telegraph Company

  • (9) Travis Air Force Base

The above list is not intended to be exclusive or to prevent that circulation of the proposed tentative map or parcel map and accompanying data to any other agency.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

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Division 2. Definitions

25.123 Definitions.

For the purpose of this ordinance, certain words and terms used herein are defined as follows:

(a) Alley -"Alley” refers to a passage or way open to public travel affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

(b) Arterial street - “Arterial street” refers to any street which serves as the principal network for accommodating traffic flow within the city. Arterial streets collect the flow of traffic from collector streets and minor streets serving various sectors of the city. Arterial streets are only those streets shown on the general plan.

(c) Block - “Block” shall mean an area of land within a subdivision, which area is entirely bounded by streets, highways, waterways, open space lands, or the exterior boundary of the subdivision.

(d) City council - “City council” means the city council of the City of Fairfield.

(e) City engineer - “City engineer” is the city engineer of the City of Fairfield.

(f) Collector street - “Collector street” is any street which serves as a link between arterial streets and local streets and has a right-of-way width of at least 60 feet.

(g) Cul-de-sac - “Cul-de-sac” refers to a local street open at one end, which has a vehicular turn around at the opposite end.

(h) Design - “Design” means all or any of the following: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan.

(i) Frontage road - “Frontage road” is a local street auxiliary to, and located adjacent to the side of an arterial street or highway for service to abutting property and for control of access.

(j) General plan - “General plan” means the general plan of the City of Fairfield or the Cordelia area general plan.

(k) Improvement - “Improvement” refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of a final map thereof. “Improvement” also refers to such other specific improvements or types of

improvements, the installation of which, either by the subdivider by punllc agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan.

(i) Intervening property - An “intervening property” is property located between the existing city utilities and public service facilities, and the property which is the subject of the subdivision request.

(m) Local street - “Local street” is any street which provides for access to abutting property and for localized traffic movements within residential areas and has a right-of-way width of at least 50 feet.

(n) Lot - “Lot” shall mean a parcel or portion of land separated from other parcels of land or portions by description as on a subdivision or record of survey map or by metes and bounds for the purpose of sale, lease or separate use.

(o) Map, final - A “map, final” refers to a map prepared in accordance with this ordinance and the subdivision map act, which is designed to be placed on record with the Solano county recorder.

(p) Map, tentative - A “map, tentative” shall mean any map for the purpose of showing the design of a proposed subdivision including existing conditions in and around it prepared as required by this ordinance and the provisions of the subdivision map act.

(q) Manager - “Manager” shall mean the city manager of the City of Fairfield.

(r) Off-site improvement - An “off-site improvement” is any public improvement installed in, over, under, or upon the public streets or rights-of-way outside of a development site and an on-site improvement.

(s) On-site improvement - An “on-site improvement” is any public improvement installed in, over, under, or upon the public streets or rights-of-way within or on the perimeter of a subdivision.

(t) Owner - “Owner” refers to any person or persons having proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this article.

(u) Oversize facility - “Oversize facility” is any public facility with added capacity designed to serve other property outside the boundaries of the subdivision.

(v) Planning commission - “Planning commission” shall mean the planning commission of the City of Fairfield and is the same as the advisory agency referred to in the Subdivision Map Act for the purposes of reviewing tentative maps.

(w) Residual parcel - a “residual parcel” is any parcel of land within or abutting a subdivision and was originally part of the subdivided parcel.

(x) Street, private - “Private street” shall be any way intended for vehicular traffic which is assigned a name for address purposes, but which is not owned or maintained by the city.

(y) Street, public - A “public street” shall be any street affording the principal means of access to abutting property and dedicated to, or maintained by the city, county, state or federal government.

(z) Secretary of the planning commission - “Secretary of the planning commission” means the director of planning and development for the City of Fairfield.

(aa) Specific plan - “Specific plan” means the Cordelia area specific plan of the City of Fairfield.

(bb) Standard subdivision improvements - “Standard subdivision improvements” shall mean those “standard details” and “standard specifications” as adopted by the city council of the City of Fairfield, and which shall govern the improvement of the public streets, highways, rights-of-way, and other public facilities to be constructed pursuant to this ordinance.

(cc) Subdivider - “Subdivider” means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others.

(dd) Subdivision - “Subdivision” means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-ofway. “Subdivision” includes a condominium project, as defined in section 1350 of the civil code or a community apartment project, as defined in section 11004 of the business and professions code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

For the purpose of this ordinance, the term “subdivision” means both minor and major subdivision, defined as follows:

(1) Minor subdivision: Any subdivision which meets the requirements of section 66426, subsections (a), (b), (c), and (d) of the subdivision map act.

(2) Major subdivision: Any subdivision of land into five or more lots which is not a minor subdivision.

(ee) Zoning ordinance - “Zoning ordinance” shall mean the zoning ordinance of the City of Fairfield and all applicable amendments thereto.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

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Division 3. Minor Subdivision - Parcel Maps

25.124 Minor subdivision - Filing procedure tentative parcel map.

The owner of any land proposed to be subdivided as a minor subdivision map shall join with the subdivider of such land in the submission of an application for tentative parcel map approval.

The applicant for a minor subdivision shall file an application on a form prescribed by the city, together with the required number of copies of the tentative parcel map, with the department of planning and development of the city.

25.125 Relationship to the EIR process.

Prior to the submittal of an application for minor subdivision approval, the owner or subdivider shall have complied with the requirements of the city’s regulations and guidelines which implement the California Environmental Quality Act of 1970.

25.126 Filing fee.

Such minor subdivision application shall be accompanied by a fee which shall be established by the city council.

25.127 Information required on tentative parcel map.

The following information shall be shown on the tentative parcel map or contained in a supplemental document attached to the tentative parcel map.

(a) The subdivision name, north arrow, scale and date. The subdivision name shall not duplicate or nearly duplicate the name of any other subdivision in the city.

(b) A vicinity sketch shall be drawn on or accompany the tentative parcel map. The vicinity map shall show the location and boundary of the proposed tract and existing street pattern, and public facilities in the immediate vicinity.

(c) The name and address of the record owner or owners.

(d) The name and address of the subdivider.

(e) The name and address of the person, firm or organization preparing the tentative map.

(f) Location, name’s and existing width of adjacent roads, streets, highways or ways.

(g) The outline of any existing buildings or structures and their locations in relation to existing or proposed street and lot lines.

(h) The contours at five foot (5’) intervals for predominant ground slopes within the tract between zero percent and five percent and one foot (1’) contours for predominant ground slopes within the tract over five percent. Such contours shall be referred to the system of bench marks established by the city engineer.

(i) The location of all existing trees within the boundaries of the subdivision which have a trunk diameter three inches or greater measured three feet from the ground.

(j) The widths and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, public utilities or flood control purposes.

(k) Lot layout and dimensions of each lot.

  • (l) Each lot shall be numbered.

(m) Approximate location of areas subject to inundation or storm water overflow, of all areas covered by water, and the location, width and direction of flow of all watercourses.

(n) Proposed building setback lines.

(o) Status of any environmental impact report being prepared for the proposed subdivision.

(p) All proposed cut and fill slope areas shall be evaluated as to the extent and degree. All cut and fill slopes shall be shaded on the tentative map.

25.128 Distribution.

Within four (4) work days after the filing of the completed application for minor subdivision, the department of planning and development shall transmit such map, together with accompanying data, to such public agencies and/or utilities as may be affected or concerned with the proposed subdivision. Each of the public agencies and/or utilities shall, within 14 days after the map has been sent to the agency and/or utility, forward to the director of planning and development written reports of its findings and recommendation thereon. Failure to comment within this time is presumed to mean that the public agency or utility has no comment.

25.129 Authority of the director of planninq and development.

The director of planning and development of the city shall be the advisory agency as defined in the subdivision map act, and shall have the authority to approve, conditionally approve, or disapprove parcel maps.

25.130 Action of the director of planninq and development.

The director of planning and development, upon receipt of the written reports from all affected agencies, shall confer with the city engineer or his authorized representatives to determine whether the proposed division is in conformance with other city ordinances and standards.

The director of planning and development shall, in writing, approve, conditionally approve, or disapprove, the tentative parcel map in compliance with provisions of this ordinance and the Subdivision Map Act. In case there are requirements for dedication of a new street right-of-way which alignment has not previously been approved by the commission ·and council, the director of planning and development shall, prior to his action on the minor subdivision application, transmit the tentative parcel map to the planning commission requesting action on the proposed new street as to its need, alignment and/or design width. Based on its findings, the planning commission shall make a recommendation to the city council for approval, conditional approval, or disapproval of the proposed street pattern.

25.131 Requirements which may be imposed.

Approval may be conditioned upon the installation of public on-site and off-site improvements, dedication of rights-of-way, and easements all of which are necessary to insure provision of public services, and access to the property being divided.

25.132 Appeal to planning commission or city council.

In the event that the subdivider or other interested person is dissatisfied with the action of the director of planning and development concerning the proposed minor subdivision application, the person may appeal to the planning commission by filing a statement, in writing, with the director of planning and development describing the reasons for the appeal.

In the event the subdivider or other interested person is dissatisfied with the action of the planning commission concerning the appeal of the action of the director of planning and development, the person may appeal the planning commission’s decision to the city council. The appeal to the planning commission’s decision shall be in writing describing the reasons for the appeal.

The director of planning and development shall set a public hearing with the planning commission in accord with section 66451.3 of the subdivision map act.

25.133 Time for filinq parcel map.

(a) Within 18 months after approval or conditional approval of the tentative parcel map of a subdivision, the subdivider may cause a parcel map to be prepared in accordance with the approved tentative map, the provisions of this section, and the subdivision map act. The subdivider shall submit the original and the required copies of the parcel map to the city engineer for approval and signature prior to the filing with the county recorder.

(b) A parcel map shall be filed with and recorded by the county recorder prior to sale, lease or financing of any separate parcel shown on the tentative parcel map.

(c) Upon application of the subdivider, prior to the expiration date of a parcel map, an extension of time not to exceed two years may be granted by the director of planning and development. In the event the director of planning and development denies a subdivider’s application for an extension of time, the subdivider may, within 15 days after such action, appeal the decision to the planning commission or city council in accord with provisions outlined in sec. 3.9 of this chapter.

(d) The failure to record a parcel map within the period prescribed by this section shall void all previous approvals. Before a parcel map may thereafter be recorded, a new tentative parcel map shall be filed and approved or conditionally approved.

25.134 Approval of tentative parcel map.

Upon approval of the tentative parcel map, the subdivider shall submit the required copies of improvement drawings, and a parcel map guarantee or current title report shall be submitted to the city engineer for examination along with any other materials that may be required to properly check the maps and drawings. The city engineer shall check the parcel map to insure that all requirements of the approved tentative parcel map, city standard specifications and other applicable city and state laws have been met.

The city engineer shall transmit one copy of the parcel map to the department of planning and development for their review to insure that the parcel map conforms to the approved tentative parcel map.

The city engineer shall notify the subdivider and his engineer or surveyor as to the conformance of the parcel map with the tentative parcel map approval and other applicable laws.

25.135 Form and title of parcel map.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:

(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b) The size of each sheet shall be 18 x 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(c) Each parcel shall be numbered or otherwise designated.

(d) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

(e) The map shall; show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.

(f) Subject to the provisions of section 66436 of the Subdivision Map Act, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final parcel map is required to be submitted to the city engineer prior to his approval of the final parcel map.

(g) The title sheet shall contain the title “Parcel Map” and a subtitle giving a general description of the property being mapped by reference to a township plat of any United States survey, to a Rancho, to a previously recorded subdivision, or to other maps which have previously been recorded.

(h) The map shall show the recording data, widths and the center line or side lines of all easements to which the lots are subject. If an easement is not definitely located of record, a statement of the easement must appear on the title sheet. Easements for storm drains, sewers, public utilities and other purposes shall be indicated by a dashed and/or dotted line of the same width as the lines denoting lot lines. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or shown so that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and lengths and bearings of the lines thereof and sufficient ties thereto to locate the easement with respect to the parcels must be shown. The easements must be clearly labeled and identified and, if already of record, their recorded reference given. All notes or figures pertaining to the easement shall be considerably smaller and lighter than those relating to the subdivision itself. The name, center line, high bank and direction of flow of all natural drainage channels shall be shown by dotted lines.

(i) Pursuant to the provisions of Section 66434.2 of the Subdivision Map Actyan additional sheet or separate document shall be added to parcel maps, when requested by the city engineer, to indicate additional surveyor map information including, but not limited to, building set back lines, flood hazard zones, seismic lines and setbacks, geologic, mapping, and archaeological sites, not contained within the body of the map. (Ord. No. 95-28, § 1.)

25.136 Certificates.

Certificates shall appear upon the parcel map for approval by the director of planning and development and city engineer, as well as any certificate required by section 66492 of the subdivision map act and any other certificate required by the subdivision

map act. (Ord. No. 77-40, § 1; Ord. No. 78-18, § 1; Ord. No. 78-41, § 4.)

25.137 Survey requirements.

A parcel map shall be based upon a field survey made in conformity with the land surveyors act, unless it is specifically stated in the approval of the tentative parcel map that the map may be compiled from recorded or filed data. The following data shall appear on the parcel map:

(a) Each parcel shall have sufficient monuments set by a registered engineer or licensed land surveyor to determine street or drainage channel right-of-way lines. Each line dividing a parcel shall have monuments set at all points of intersection of lines and the beginning and end of curves.

(b) When the parcel map is based upon a field survey, the map shall show the basis of bearings, survey bearings and distances, areas of parcels, curve data, ties to one or more existing monuments of record, all monuments placed in making the survey and the stakes, monuments or other evidences found on the grounds to determine the boundaries of the area being mapped. If points were reset by ties, the fact shall be stated.

(c) A parcel map shall show deed bearings and distances, adjusted bearings and distances, areas of all parcels, adjoining corners identified by recording data, names and/or section, township and range, or other proper designation.

(d) A parcel map shall show the center line or monument line, if any, of a street or alley, and all existing monuments along the frontage of or in the immediate vicinity of the area being mapped. All parcel maps shall show city boundaries crossing or adjoining the subdivision clearly designated and tied in.

25.138 Basis of bearings.

The parcel map shall tie to the California coordinate system, and the basis of bearing shall be shown.

25.139 Dedications.

If dedications or offers of dedication are required, they may be made either by certificate on the parcel map or by separate instrument. If dedications or offers of dedication are made by separate instrument, such dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel map being filed for record.

Such dedication or offers of dedication, whether by certificate pr separate instrument, shall be signed by the same parties and the same manner as set forth in section 66439 of the subdivision map act.

The city engineer may accept or reject dedications and offers of dedication that are made by certificate on the parcel map. (Ord. No. 78-41, 4.)

25.140 Recordinq of parcel map.

Upon approval of the parcel map by the city engineer and the signing of all certificates on the parcel map, the parcel map shall be transmitted to the county recorder for ultimate recording. The process for transmitting the parcel map from the engineer to the county recorder shall follow the procedures outlined in section 66464 of the subdivision map act.

25.141 Waiver of requirement for recordinq of parcel map.

Except where required by the subdivision map act, no parcel map need be filed or recorded whenever all of the following conditions exist:

  • (a) The property is part of a subdivision previously approved by the city and recorded.

  • (b) No dedications of street right-of-way or public improvements are required.

  • (c) The total area involved in the subdivision contains no more than one-half acre of land.

This section does not preclude the requirement to submit a tentative parcel map for approval, conditional approval, or disapproval of a subdivision of property which meets the requirements of the preceding paragraph.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

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Division 5. Maior Subdivision - Tentative Map.

25.146 Relationship to EIR process.

Prior to approval of an application for tentative map approval, the owner or subdivider shall have complied with the requirements of the city’s regulations which implement the California Environmental Quality Act of 1970. (Ord. No. 92-24, 2.)

25.147 Filinq procedure.

The subdivider shall file with the department of planning and development, an application form complete with all information required by the director of planning and development. The time of filing of a tentative map shall be the time at which the same, together with required data, is received in the office of the director of planning and development. The date of filing shall be clearly indicated on all copies of the tentative map and accompanying data by the director of planning and development or member of his/her staff. (Ord. No. 92-24, 2.)

25.148 Filing fee.

A filing fee shall be set by the city council for filing a tentative map. If additional tentative maps or requests covering the same tract and involving only minor revisions or amendments of the initial map are filed, a fee which is set by the city council will be required, however, for any new tentative map which has expired, or for any requested revision or amendment to a tentative map which the director of planning and development finds and determines will involve substantial time by city staff to process such request, the original fee for filing a tentative map will be required.

25.149 Distribution

Within four (4) work days of deeming the application for the tentative map complete for processing, the secretary of the planning commission shall transmit the requested number of copies of such map together with accompanying data to such public agencies and/or utilities as may be affected or concerned with the proposed subdivision. Each of the public agencies and/or utilities may, within fourteen days after the map has been deemed as complete for processing, forward to the secretary of the planning commission written reports of its findings and recommendations thereon.

Failure to reply within the allotted time shall be interpreted to mean that the agency or utility has no comment to make. The city engineer shall prepare a written report of his recommendations on the tentative map in relation to the requirements of this ordinance and other applicable regulations of the city, or other public agencies and shall submit the same to the secretary of the planning commission within fourteen days of acceptance of said map as complete for processing. It shall be the

responsibility of the secretary of the planning commission to synthesize and consolidate the recommendations received from the responding agencies into the staff report to the planning commission. The staff report shall be in writing. (Ord. No. 92-24, § 2.)

25.150 Design and Development Review.

Prior to the planning commission’s consideration of an application for tentative subdivision map, the Development Action Review Team (DART) shall review the map. Its review shall include, but is not limited to, an assessment of the following:

(a) The subdivision layout, including street alignments and lot configuration(s).

(b) The relationship of the subdivision and proposed type of improvements with adjoining established neighborhoods or natural features.

(c) Such other design elements of the subdivision or proposed improvements which have an impact on the subdivision design.

(d) The proposed circulation, street improvements, right-of-way dedication utility easements, grading, drainage facilities, storm drain improvements, security, fire flow, emergency access, location of fire hydrants, water and sewer connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking and other State and local code requirements.

(e) In accord with the City’s procedures for implementation of CEQA, undertake environmental review and make appropriate recommendations.

DART is responsible for requiring changes in any tentative map to ensure compliance with adopted codes, guidelines and standards. Comments from other agencies such as the school districts are also considered by DART. The information received at the DART meeting shall be sent in writing to the applicant. Upon conclusion of its review, the Development Action Review Team (DART) shall forward a recommendation to the planning commission to approve, conditionally approve, or deny the tentative subdivision based on findings of consistency with applicable development regulations, standards, and adopted design policy.

(Ord. No. 95-23, § 2.)

25.151 Planning Commission action.

The Planning Commission shall hold a public hearing and act on a tentative, map application within the time limits prescribed in Section 66452.1 of the Subdivision Map Act. Notice thereof shall be given as provided in Section 25.39 of the Fairfield City Code. Any person interested in or affected by the proposed subdivision may be heard. (Ord. No. 92-24, § 2.)

In considering the proposed tentative map, the Planning Commission may approve, conditionally approve, or deny the application, and shall make such findings as are consistent with the Subdivision Map Act, this ordinance, the general plan, specific plan, or redevelopment plan. (Ord. No .92-24, § 2.)

The Planning Commission shall deny approval of a tentative subdivision map if it makes any of the following findings:

  • (a) That the proposed map is not consistent with applicable general and specific plans.

(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c) That the site is not physically suitable for the type of development.

  • (d) That the site is not physically suitable for the proposed density of development.

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

  • (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to division 7 (commencing with section 1300) of the Water Code. In the event that the Planning Commission finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

The action of the Planning Commission on a tentative subdivision map may be appealed to the city council in the manner prescribed in Section 25.34 of this chapter. (Ord. No. 92-24, 2.)

25.152 Approval period for tentative maps - Time extension.

An approved or conditionally approved tentative map shall expire two (2) years after its approval or conditional approval. (Ord. No. 92-24, 2.)

Upon written application of the subdivider filed with the secretary of the planning commission prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by action of the Planning Commission in accordance with the terms and provisions of Section 66452 of the Subdivision Map Act.

(Ord. No. 92-24, 2.)

The original conditions of approval may be modified or changed by the Planning Commission at the time of approval of any extension of time. The Planning Commission shall not grant any extension beyond the time which could legally have been granted. (Ord. No. 92-24, 2.)

The Planning Commission shall deny approval of a request for extension if it determines any of the findings provided in sec. 5.6 (sec. 25.151) exist at the time of the request for extension because conditions in the area and/or policies of the city have changed since the time of original approval.

(Ord. No. 92-24, 2.)

25.153 Preparation of tentative map.

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared by a person competent in the preparation of such mFlPs, such as a registered civil engineer or licensed land surveyor or practicing land or city planner. A land surveyor or practicing land or city planner who prepares a tentative map shall be associated with a civil engineer who shall be responsible for providing the engineering information required to be submitted with a tentative map by this section.

25.154 Scale.

The scale of the tentative map shall be not smaller than one inch (1 “) equals one hundred feet (100’).

25.155 Dimension.

The tentative map shall be clearly and legibly drawn. The dimensions of the map shall be twenty-four inches (24") by thirty-six inches (36").

25.156 Information required on tentative map.

The following information shall be shown on the tentative map or contained in a supplemental document attached to the tentative map.

(a) The tract name, north arrow, scale and date. The tract name shall not duplicate or nearly duplicate the name of any other tract in the city.

(b) A vicinity sketch shall be drawn on or accompany the tentative map. A vicinity map shall show the location and boundary of the proposed tract and existing street pattern, and public facilities in the immediate vicinity.

  • (c) The name and address of the record owner or owners.

  • (d) The name and address of the subdivider.

  • (e) The name and address of the person, firm or organization preparing the tentative map.

  • (f) Location, names, and existing width of adjacent roads, streets, highways, or ways.

  • (g) Names of adjacent tracts and names of owners of adjacent unplotted land.

  • (h) Acreage of subdivision and total number of lots.

(i) Existing sewers, culverts, or other underground or above-ground public utilities or structures within the tract and immediately adjacent thereto with pipe size, grades and locations indicated.

  • (j) The locations, names, width and curve radii of all roads, streets, highways and ways in the proposed new subdivision.

(k) The outline of any existing buildings or structures and their locations in relation to existing or proposed street and lot lines.

(l) The contours at five foot (5’) intervals for predominant ground slopes within the tract between zero percent and five percent and one foot (1’) contours for predominant ground slopes within the tract over five percent. Such contours shall be referred to the system of bench marks established by the city engineer.

(m) The location of all existing trees within the boundaries of the subdivision which have a trunk diameter three inches or greater measured three feet from the ground.

(n) The widths and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, public utilities or flood control purposes.

  • (o) Lot layout and dimensions of each lot.

  • (p) Each lot shall be numbered.

(q) Approximate location of areas subject to inundation or storm water overflow, of all areas covered by water, and the location, width and direction of flow of all watercourses.

  • (r) Proposed storm drains and storm water disposal.

(s) Proposed public areas and a statement of preference to submit a payment of fee in lieu of dedication.

(t) Water system to be installed, including sources of water supply and outline of proposed system, including fire hydrant locations.

  • (u) Method of sewage disposal.

(v) The locations, names, widths, approximate proposed grades and gradients, typical cross section and details of curbs, gutters, sidewalks and other improvements of all streets and access easements shall be shown on or accompany the tentative map and shall be of such scale as to show clearly all details thereof.

  • (w) An outline of any proposed deed restrictions or covenants.

  • (x) Proposed building setback lines.

(y) A statement of the present zoning and proposed use or uses of property, or proposed development regulations if the subdivision is a part of a planned unit development as well as proposed zoning changes.

(z) Status of any environmental impact report being prepared for the proposed subdivision as of the date of filing the tentative map.

(aa) All proposed cut and fill slope areas shall be evaluated as to the extent and degree. All cut and fill slopes shall be shaded on the tentative map.

(bb) A statement that the subdivider will absorb any costs incurred by the city in respreading previous assessments on the property to be subdivided.

(cc) Justification and reasons for any exceptions to provisions of this ordinance or to the provisions contained in previous planned unit development approval for the proposed subdivision.

(dd) A geologic report prepared in accord with the alquist-priolo geologic hazard zoning act and the specific and detailed criteria of the state mining and geology board adopted pursuant to the geologic hazard zones act for those lands which lie within the special studies zones delineated by the state geologist.

(ee) In some cases where it is determined by the director of planning and development, because of slope conditions, a preliminary grading plan may be required to be submitted with a tentative subdivision map application.

(ff) Such additional information as may be required by the secretary of the planning commission.

25.157 Street names.

The proposed name of each street shown on the tentative map shall be submitted to the commission for its approval.

25.158 Exception from requirements of this article.

It is realized that there are certain parcels of land of such dimension, subject to such title restrictions, so affected by physical conditions and/or devoted to such use that it is impossible for the subdivider to conform to all of the design standards contained in section VII (division 7) of this chapter (article).

The planning commission may grant exceptions from the aforementioned requirements, when all the following conditions are found to apply:

(a) That any exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.

(b) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity.

(c) That under the circumstances of this particular case, the exception rather than the strict adherence to the requirements of this article, actually carries out the spirit and intent of this ordinance.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users

should contact the City Clerk for ordinances d b t t th di it d

Fairfield2535.html

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Division 6.

Maior Subdivision - Final Map.

25.159 Final map - Filing procedure.

Within the period prescribed by law or action by the city council and subsequent to the date of expiration of approval or conditional approval of the tentative map, the subdivider may cause the subdivision or any part thereof, to be surveyed and a final map to be prepared by a registered civil engineer or licensed surveyor in conformance with the tentative map as approved or conditionally approved. Eleven (11) blue or black line prints of the final map and such other copies as may be required for checking, and approval shall be submitted to the city engineer.

25.160 Checking fee.

At the time of submittal of the final map for checking and approval, a checking fee set by the city council shall be paid to the city’s engineering division.

25.161 Content and form of final maps.

The content and form of final maps shall be governed by the Subdivision Map Act.

25.162 Documents to be filed with final map.

At the time of submitting the final map to the city engineer for checking, the subdivider shall also submit therewith the following:

(a) Traverse sheets: Traverse sheets in a form approved by the city engineer giving latitudes and departures and coordinates of the boundary of the subdivision and blocks and lots therein. Closures shall be within one foot to ten thousand feet.

(b) Improvement plans: Three (3) copies of the subdivision construction plans shall be submitted to the city engineer, and of all other improvements proposed to be installed by the subdivider in, or over, or under any street right-of-way easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost hereof. All such plans shall be prepared in accordance with the requirements of the city engineer. Sheets shall be twenty-four inches (24") by thirty-six inches (36") with a two inch (2") left margin and a plan and profile drawn to a scale of one inch (1") equaling forty feet (40’). Details shall be shown at approximate scale.

(c) Design data: Design data, assumptions and computation for proper analysis shall be in accordance with sound engineering practice.

(d) Lot area computations: The subdivider shall furnish data to the department of planning and development indicating the area of each lot which is not rectangular in shape in the subdivision.

(e) Guaranty of title: The subdivider shall furnish to the city council a guaranty of title or letter from a competent title company, certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on said map.

(f) Improvement agreement: In the event drainage structures, grading, paving or other required improvements have not been completed prior to presentation of the final map, the subdivider shall file an agreement for the improvement as herein required and as may be further required by the city engineer, and the city council, and shall secure the performance thereof by a good and sufficient surety bond as outlined in sec. 6.12 (sec. 25.166.4) of this article (chapter).

(g) Preliminary soils report: A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings shall be submitted to the city engineer for every subdivision. The preliminary soils report may also contain a seismic study if the city engineer determines or the tentative map approval requires such study be conducted.

A preliminary soils report may be waived by the city engineer providing the city engineer finds that due to the knowledge of the public works department of the City of Fairfield has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

If the public works department of the City of Fairfield has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of any or all of the lots in the subdivision may be required by the city engineer. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

The city council may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(h) Agreement and bond: The agreement and bonds as specified in this ordinance.

(i) Deed restrictions: One copy of the deed restrictions shall be submitted to the department of planning and development.

(j) Owner certificate: A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map is required, except for those parties expressly exempted by section 66436 of the Map Act.

(k) Any other information required by tentative map approval to be submitted with the final map.

25.163 Inspection costs.

Before approval is given the final map, the subdivider shall deposit with the city in cash the costs of inspections to be made by the city. The amount of money deposited shall be set by the city council based upon the total estimated cost of public improvements to be made within the subdivision, as determined by the city engineer.

25.164 Department approvals.

The following city officials shall take action as indicated within twenty (20) days after filing all required materials:

(a) Approval by city engineer: The city engineer shall examine the final map and accessory data submitted and upon determination that the subdivision as shown meets the requirements of the approved tentative map, the subdivision map act, and the provisions of this ordinance and is technically correct shall transmit such map and accompanying documents to the city council for approval.

If the city engineer shall determine that full conformity has not been made, the city engineer shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions.

The subdivider may appeal the decision of the city engineer to the planning commission. The procedures for appeal shall be in accord with sections 66452.5 and 66451.3 of the subdivision map act. In the event the subdivider is not satisfied with the determination of the planning commission of the appeal, the subdivider may appeal the decision of the planning commission to the city council.

When the city engineer determines that full conformity therewith has been made, he shall transmit the final map to the city council.

(b) Approval by director of planning and development: The director of planning and development, upon receipt of a print of the final map from the city engineer, shall examine said map for conformity and if it complies with the approved tentative map, shall recommend approval of said map to the city engineer.

(c) Approval by city attorney: The city attorney shall examine the guaranty of title, offers of dedication and names of persons necessary to pass clear title to the property, and shall advise the city manager. If such documents are not current, he shall advise the subdivider.

25.165 Improvement agreement.

Prior to the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all improvement work at the satisfaction of the city engineer, and providing that if he shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the city engineer. Such agreement may also provide:

(a) For the construction of the improvements in units.

(b) For extension of time under conditions therein specified.

(c) For progress payments to the subdivider or his order from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided by the next succeeding section; providing, however, that no such progress payment shall be made for more than ninety percent of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the city engineer.

(d) For the financing and construction of any or all of such improvements under appropriate special assessment act proceedings, within such time as may be prescribed by the city council.

All utilities and public services facilities which may be the subject of the above agreement will be maintained by the developer for a period of one year after the acceptance of these facilities by the city council. The repair and correction of any defects or deficiencies due to workmanship or materials which are discovered within one (1) year from date of acceptance by the city.

25.166 Improvement security.

The subdivider shall also file with the improvement agreement, a faithful performance bond in an amount deemed sufficient by the city engineer to cover the cost of the improvements. An additional bond in an amount required by law to secure payment to the contractor, subcontractors and to persons furnishing labor and materials or equipment shall also be required. Such bonds shall be executed by a surety company authorized to transact a surety business in this state and must be satisfactory to and be approved by the city attorney as to form. In lieu of the surety bonds, the subdivider may deposit with the city clerk an amount fixed, as aforesaid, by the city engineer, or an instrument of credit from an approved financial institution.

25.166.1 City council approval.

After approval is given by the city engineer, a final map conforming to the approved or conditionally approved tentative map and other required documents may be filed with the city council for approval after all required certificates on such map have been signed. The city council shall approve the map if it conforms to all requirements of the subdivision map act and this chapter applicable at the time of approval or conditional approval of the tentative map, or if it does not so conform, disapprove the map.

25.166.2 City clerk approval.

The city clerk upon approval by the council of the final map, shall certify on the map the action by the city council. The city clerk shall transmit the final map to the county recorder in accord with the procedures outlined in section 66464 of the subdivision map act.

25.166.3 Recording of final map.

The subdivider shall present to the county recorder evidence that, at the time of the filing of the final map in the office of the county recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being

subdivided whose signatures are required by this division as shown by the records in the office of the recorder; otherwise, the map shall not be filed.

25.166.4 Submission of additional copies.

Immediately subsequent to the recordation of the final map, the subdivider thereof shall furnish, at his own expense, copies of the final map and affidavit sheet as follows:

(a) To the department of public works, one duplicate tracing on cloth or mylar with all recording data thereon.

(b) To the department of planning and development, one 8-1/2 x 11” mylar reduction of the final map.

25.166.5 Forfeiture of surety.

In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the city shall have to complete same, or if the subdivider shall fail to reimburse the city for the costs of inspection, engineering, fees, and incidental expenses, the city shall call on the surety for reimbursement. In any case, if the amount of surety bond or cash deposit shall exceed all costs and expenses incurred by the city, it shall release the remainder of such bond or cash deposit, and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the city, the subdivider shall be liable to the city for such difference.

25.166.6 Release of surety.

(a) Except as otherwise provided in this section, no extension of time, progress payments from cash deposits, or a release of a surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed, and upon approval of the City Council. (Ord. 2006-15, eff. 10/5/06)

(b) Notwithstanding the foregoing, a partial release of a surety bond or cash deposit may be made upon the approval of the City Manager. The City Manager shall also have the authority to take whatever actions are necessary and proper to facilitate the partial release of the surety bond or cash deposit, including but not limited to responding to written demands for releases and reviewing and approving cost estimates. The City Manager may delegate the authority to carry out any or all of these functions. (Ord. 2006-15, eff. 10/5/06)

(c) At any time, the City Council may pass a resolution that authorizes another City official, employee or consultant to perform the functions described above and/or revokes the authority of the City Manager or his or her designee to perform these functions. (Ord. 2006-15, eff. 10/5/06)

25.166.7 Preparation of final map - Size, material and scale.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey and shall conform to all of the following provisions:

(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.

(c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii, and are length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(d) Each parcel shall be numbered and each block may be’ numbered or lettered. Each street shall be named.

(e) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys.

(f) When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

25.166.8 Final map title.

The title of each sheet of the final map shall consist of the approved name and unit number of the tract, conspicuously placed on the sheet, followed by the words, “City of Fairfield”.

Maps filed for the purpose of showing as acreage land previously subdivided into parcels or lots or blocks shall be conspicuously designated with an appropriate approved title.

25.166.9 Certificates acknowledgments and descriptions.

The title sheet of the map below the title shall show the name of the engineer or surveyor, together with the date of the survey, the scale of the map, and the number of sheets. The following certificates, acknowledgments and descriptions shall appear on the title sheet of the final maps. Such certificates may be combined where appropriate.

Prior to the filing of the final map with the city council, the subdivider shall file the certificates and documents set forth in the subdivision map act, or any amendments thereto, relating to taxes and assessments.

(a) Certificate by parties holding title: A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map, provided, however, that the signatures of parties owning the types of interest in the real property being subdivided which are enumerated in section 66436 of the subdivision map act may be omitted from the final map.

(b) Dedication certificate: A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(c) Engineer’s certificate:yA certificate by the engineer or surveyor responsible for the survey and final map is required. His certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(d) Certificate for execution: Certificates for execution by each of the following:

  • (1) Secretary of the planning commission.

  • (2) City engineer.

  • (3) City clerk.

  • (4) County recorder.

(e) Certificate restricting traffic if required: A certificate prohibiting trafficyover the right-of-way lines of a major street, highway, parkway oryfreeway, when and if the same is required.

(f) Notation of soils report: When a soils report has been prepared, this fact shall be noted on the final map together with the date of the report and the name of the engineer making the report.

(g) Certificate regarding tax lien: The title sheet shall contain a certificate for execution by the county assessor showing that according to the records of his office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments not yet payable.

(h) Other affidavits, etc.: The title sheet shall contain such other affidavits, certificates, acknowledgements, endorsements, and notarial seals as are required by law and by this chapter.

25.166.10 Coordinate system.

Basis of bearings shall be California zone II as specified in section 8771.5 of the land surveyor’s act.

25.166.11 Subdivision boundary.

An accurate and complete boundary survey shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, must close within a limit of one to ten thousand (1:10,000) feet of perimeter. The boundary of the subdivision shall be indicated on the final map as required by the subdivision’ map act. All lines shown on the map which do not constitute a part of the subdivision, shall be phantom labeled “not part of this subdivision”.

25.166.12 Dimensions, bearinq and curve data.

The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and are lengths for all curves, and such information as may be necessary to determine the location of the centers of curves.

25.166.13 Lots and blocks.

All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication other than for streets or easements shall be designated by letter. Sufficient linear, angular, and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. All lots and, wherever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for lot dimensions. Lot numbers shall begin with the numeral “1” and continue consecutively throughout the tract, with no omissions or duplications. Each unit of a subdivision shall be numbered separately.

25.166.14 Streets.

The map shall show the right-of-way lines of each street, and the width of any portion being dedicated, and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within fifty feet (50’) of the subdivision shall be shown. If any street in the subdivision is a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing street shall be accurately shown. Whenever the center line of a street has been established or recorded, the data shall be shown on the final map.

25.166.15 Easements.

The side lines of all easements shall be shown by fine dashed and/or dotted lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated by the map, it shall be set out in the owner’s certificate of dedication.

25.166.16 Building setback line.

The map shall show approved building setback lines on all streets by long, thin dash lines.

25.166.17 Area subject to inundation.

The map shall contain a statement about any lot or lots within the subdivision being subject to inundation.

25.166.18 Monuments.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in section 9881 of the business and professions code so that another engineer or surveyor may readily retrace the survey.

The final map shall show fully and clearly what stakes, monuments, or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name or number, and place of record, or by section, township and range, or other proper designation. The following required monuments shall be shown on the final map.

(a) The location of all monuments placed in making the survey, and if any points were reset by ties, that fact shall be stated.

(b) Concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the city engineer shall be set at intersections of street center line tangents or offsets therefrom. The exact location of all such monuments shall be shown on the final map before approval is requested.

(c) Any monument or benchmark as required by this ordinance, that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider.

(d) All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map.

(e) All monuments other than those necessary to establish the exterior boundaries of the subdivision may be set after acceptance of the final map by the city council, as recommended by the city engineer and approved by the city council.

25.166.19 Tree planting easements.

The map shall show a tree planting easement, eight feet (8’) in width along the street frontages of each lot.

25.166.20 Dedication requirements for streets, alleys and easements.

As a condition of approval of a final map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements.

Pursuant to the provisions of Section 66434.2 of the Subdivision Map Act an additional sheet or separate document shall be added to final maps, when requested by the city engineer, to indicate additional surveyor map information including, but not limited to, building set back lines, flood hazard zones, seismic lines and setbacks, geologic, mapping, and archaeological sites, not contained within the body of the map. (Ord. No. 95-29, § 1.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2536.html

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Division 7. Development Standards.

25.166.21 Requirements.

Except where modified by the planning commission or city council, as provided by this ordinance, all subdivisions of land, shall be in conformity with the standards as set forth or referred to in this article.

25.166.22 Standard specifications.

All improvements shall be installed in accordance with specification and standards of design of the City of Fairfield standard specifications, August 1974, except as hereafter modified by resolution of the city council. Copies of said standard specifications are available to the public in the office of the city engineer and are hereby adopted and made a part hereof, the same as if fully set forth in this ordinance.

25.166.23 Public works extension costs.

Subdividers shall be required to furnish a faithful performance bond and additional bonds described in sec. 6.8 (sec. 25.166) of this article to secure the installation of, and/or pay for extending the prescribed utilities and public works improvements and facilities at the time a final subdivision map, parcel map, record of survey of a division of land, or building permit application is filed with and accepted by the city according to an estimate of the work approved by the city engineer.

25.166.24 Special conditions.

Whenever extraordinary conditions or circumstances are encountered in the development of property which are not provided for by the terms of this ordinance, the cost proration of the same, if any, shall be stipulated and included with other commitment in the subdivision or development agreement entered into between the city and the developer.

25.166.25 Prepaid costs - Off-set credits.

Whenever it can be shown that any land has previously borne or contributed to the cost of the required facilities set forth herein, a credit will be allowed by the city as an off-set to the charges made thereon. Lands which are or have been developed for urban use shall be considered developed for off-set credit purposes. Such parcels shall be given full credit in accordance with its use at the time of original development against the charge established pursuant hereto for the present proposed use.

25.166.26 Dedications. easements, and rights-of-wav.

The developer shall grant without cost to the city all required dedications, easements, and rights-of-way necessary to serve the proprety of the developer and for the installation of streets, utilities and public facilities.

25.166.27 Buildable lots.

All subdivisions shall result in the creation of lots which are developable and capable of being built upon and meet all requirements of the zoning ordinance. No subdivision shall create lots which are impractical of improvement due to steepness of terrain, location of watercourses, or other natural conditions.

25.166.28 Access to public streets.

All lots or parcels created by the subdivision of land shall have access to a public street. Private streets shall not normally be permitted. However, if it is determined that the most logical development of the land requires that lots be created which cannot

feasibly be served by a public street, a private street may be approved. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the topography and means and access to each lot, and drainage of the subdivision. Construction of the private street as approved by the city engineer shall be completed prior to completion of construction and/or occupancy on the lots.

25.166.29 Streets and thorouqhfares.

The subdivision design shall conform to the pattern of thoroughfares designated in the general plan or specific plan, and to any future street rights-of-way designated by the planning commission and approved by the city council. Whenever a subdivision embraces or is adjacent to any thoroughfare so designated, any part of such thoroughfare included in the tract shall be platted by the subdivider in the location indicated.

25.166.30 Minimum street standards.

Where higher standards have not been established, all streets and thoroughfares shall be platted according to the following minimum standards except where it can be shown by the subdivider, to the satisfaction of the planning commission and city council, that the topography or the small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower width. Increased widths may be required where streets are to serve commercial property or where probable traffic conditions warrant such.

Where the city street system calls for wider pavement (width in excess of one travel lane and one parking lane on each side of the street), except in the case of frontage roads, the city shall bear the cost of paving any extra width required. All streets shall be equipped with paving, curbing, sidewalks, name signs, lighting fixtures, shade trees and parkway improvements as required by this section, with exceptions as indicated therein.

Basic Standards of Street Design

Street Average Daily
Trafc ADT
Width of
Right-of-
Way
Width of
Pavement
Between
Curbs (1)
Trafc Lanes Trafc Lanes Parking or
Transit Lanes
Parking or
Transit Lanes
Width of
No. Width No. Width Planting
Strip
Width of
Median
Minor 0-500 50’ 36’ 2 10’ 2 8’ 5’ ---
Collector 500-4,000 60’ 40’ 2 12’ 2 8’ 10’ ---
4,000-7,500 70’ 48’ 2 14’ 2 12’ (2) 10’ ---
(Rural) 1,000-7,500 70’ 40’ 2 12’ 2 8’ 15’ ---
Major Arterial 7,500-16,000 100’ 80’ 4 12’ 2 10’ (2) 10’ 10’
16,000-25,000 110’ 90’ 4 12’ 2 10’ (2) 10’ 22’
Street Average Daily
Trafc ADT
Width of
Right-of-
Way
Width of
Pavement
Between
Curbs (1)
Trafc Lanes Trafc Lanes Parking or
Transit Lanes
Parking or
Transit Lanes
Width of
--- --- --- --- --- --- --- --- --- ---
No. Width No. Width Planting
Strip
Width of
Median
(2-lane Rural) 1, 000-7,500 80’ 40’ 2 12’ 2 8’ 20’ ---
(4-Lane Rural) 7,500-25,000 106’ 64’ 4 12’ 2 8’ 10’ 22’
Frontage Road --- 50’ 34’ 2 13’ 1 8’ --- ---
Alley --- 20’ 20’ 2 10’ -- --- --- ---

(1) Pavement width may vary, depending on design of development served.

(2) Transit Lane; on-street parking to be prohibited.

25.166.31 Frontaqe roads.

Frontage roads shall be dedicated and improved by the developer at his expense to the full width.

25.166.32 County roads and state highways.

The developer shall install street improvements on any abutting county roads and state highways in like manner, and on the same basis, as major city streets; provided, however, that in the case of non-access roads and highways, the developer shall provide curb, gutter and sidewalk where required by the city.

25.166.33 Street pattern.

The street pattern in all subdivisions shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district. The following principles shall be observed.

(a) Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned, or platted street with which they are to connect. The center lines of streets not in alignment shall be offset at least two hundred feet.

(b) Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless, in the opinion of the commission, such extension is not necessary for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.

(c) Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.

(d) Excessively long, straight residential streets, conducive to high speed traffic, shall be prohibited.

(e) The use of cul-de-sac streets is encouraged in neighborhood areas. Generally, a cul-de-sac should not be longer than 400 feet. Loop streets should be used in place of cul-de-sacs in cases where a cul-de-sac street exceeds 400 feet in length.

(f) The intersection radius at property line for residential streets shall be 20 feet. Where a residential street intersects with a collector street, or a collector street intersects with a collector street, the property line radius shall be 30 feet. Where a collector street intersects an arterial street, the property line radius shall be 40 feet.

25.166.34 Street desiqn adjacent to thoroughfares.

Subdivision design adjacent to thoroughfares shall be as specified in the general plan or specific plan. The following principles and standards shall also be observed:

(a) Street design shall have the purpose of making adjacent lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic, and of minimizing the interference with traffic on such thoroughfares.

(b) The number of intersecting streets along thoroughfares shall be held to a minimum. Wherever practicable, such intersections shall be spaced not less than six hundred feet apart.

(c) Frontage roads, if required, shall be separated from the thoroughfare by a strip of permanent landscaping, subject to approval by the city, of not less than five feet in width.

(d) Where frontage roads are not required, residential lots adjacent to the thoroughfare normally will be required to be served by a minor street paralleling the thoroughfare at a generous lot depth therefrom, or by a series of cul-de-sacs or loop streets extending toward the thoroughfares. In such cases, a wall or fence of a design approved by the city shall be required within the right-of-way at the rear or properties adjacent to the thoroughfare. A strip of permanent landscaping not less than five feet in width, subject to approval of the commission, may be required adjacent to the wall or fence, facing the thoroughfare.

(e) When the rear of any lot borders any thoroughfare, the subdivider shall be required to relinquish the right of ingress and egress from the thoroughfare to the lot.

25.166.35 Waiver of direct access to streets.

The city council, in the case of major subdivisions, or the director of planning and development, in the case of minor subdivisions, may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.

25.166.36 Sidewalks and pedestrian ways.

The following principles and standards shall apply to the design and installation of curbs, sidewalks and pedestrian ways:

(a) Sidewalks shall be required on both sides of the street in any subdivision or portion thereof.

(b) The requirement for sidewalks may be omitted, at the discretion of the planning commission, and city council, in a subdivision or section thereof in which all single family lots have an area of one-half acre or more.

(c) When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the planning commission may require pedestrian ways not less than ten feet in width to such facility.

25.166.37 Bike trails.

Bike trails may be required by the city along certain streets within a subdivision. If a street is designated to accommodate a bike trail, additional right-of-way shall be provided.

25.166.38 Hillside and large lot subdivisions.

In the case where existing land or portion thereof has an average slope of not less than eight percent, the planning commission in the exercise of its discretion, may modify the foregoing requirements of this section in a manner that will result in the best possible utilization of the land to be subdivided while giving consideration to the intent of this article. The following principles and standards shall be observed.

(a) The basis for requirements for street and roadway widths and design shall be the topography of the land and the density of development in terms of the proposed number of dwellings to be served by the street or roadway.

(b) Street grades for minor residential streets may be increased above the maximum allowable grade on approval by the city engineer.

(c) The dedicated width of any two-way street may be reduced to 40 feet, with a minimum pavement width of 26 feet.

25.166.39 Fencing.

The subdivider or developer shall be required to furnish and install all fences along lot lines of houses within any development abutting an existing or future (a) major city street, expressway, parkway, thoroughfare and/or railroad right-of-way; (b) commercial areas and/or subdivision entranceway; (c) proposed or existing ditch and/or natural channel, and (d) hazard creating a public nuisance. Said fence shall be constructed according to standards established by the city’s architectural approval committee.

25.166.40 Trees.

The subdivider or developer shall deposit with the city, a fee established by resolution of the city council to provide for the planting of street trees. One tree shall be provided for each interior lot under seventy-five (75) feet in width and three (3) trees shall be provided for each corner lot. For lots which have a frontage larger than seventy-five (75) feet, one tree shall be provided for each seventy-five (75) feet of street frontage or portion thereof. The total number of trees required shall be determined by the park division of the department of public works. The trees will be planted by the city at the time it is determined by the city park superintendent to be best for planting.

25.166.41 Utilities.

(a) All electrical power and communication lines, wires, and conduits or similar or associated electrical materials or devices shall be placed underground pursuant to the regulations contained in ordinance 68-6 and any amendment thereto.

(b) Public utility and drainage easements shall be placed as required by the utility company and city engineer along the front, sides and rear of all lots where necessary.

Under normal circumstances, utility facilities which are to be placed underground shall be located within the street right-of-way, provided that upon the mutual agreement of the city engineer, subdivider and utilities concerned, such facilities may be located in easements within the front yard or along the side lot line or rear lot line.

25.166.42 Block standards.

Blocks shall not normally exceed 800 feet in length between street lines, except in hillside development and/or where subdivisions containing parcels of one-half acre or larger justify or require a variation from this requirement.

25.166.43 Lot standards.

The size, shape and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following principles and standards shall be observed.

(a) The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located.

(b) In all rectangular lots, and so far as possible in all other lots, the side line shall be at right angles to the street on which the lot faces, or radial, if the street is located on a curve.

(c) Every lot shall abut on a street unless otherwise permitted.

(d) Panhandle lots, or “stovepipe” lots may be permitted where it is desired to subdivide a parcel of land which, because of its configuration, shape, or location, does not permit the creation of lots with the minimum frontage as prescribed by this chapter, or other city regulations, there may be created a panhandle lot. Such lot or lots shall consist of a strip of land or panhandle

which meets the driveway standards as required by the zoning ordinance. Such panhandle shall not be longer than 250 feet. At the point where the panhandle terminates, the min mum dimensions of the lot shall otherwise conform to city regulations.

(e) No lot shall have a depth of less than one hundred feet. Where the rear of a lot is adjacent to a playground, shopping center, industrial tract, or other similar nonresidential use, or to the right-of-way of a freeway, railroad or thoroughfare, the depth shall be increased to a minimum of one hundred and twenty feet (120’).

(f) No remnants of property shall be left in the subdivision which do not conform to lot requirements, or are not required for a private or public utility purpose.

25.166.44 Neighborhood park and recreation facilities.

25.166.45 Elementary school sites.

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Fairfield-Suisun Unified School District or Travis Unified School District shall dedicate to the school district such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

Elementary school sites shall be located in accord with the following criteria:

(a) The principles and standards expressed in the general plan or specific plan.

(b) Elementary school sites shall be central to the population to be served and shall not be located as a major thoroughfare.

(c) Whenever possible, elementary school sites shall be located adjacent to a neighborhood park site. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the city, the affected school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made anytime before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

The affected school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(1) The total cost of any improvements to the dedicated land since acquisition by the subdivider.

(2) The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication.

(3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.

25.166.46 Bridges.

Bridges of primary benefit to a developer as determined by the city council shall be constructed at the full expense of the developer without reimbursement from the city. The sharing of expense between the city and developer for the construction of bridges which are not of primary benefit to developer shall be as set forth in chapter 25, article III of the Fairfield city code.

25.166.47 Drainaqe and sewer facilities.

The developer shall provide drainage and sewer facilities in accord with chapter 16 of the Fairfield city code.

25.166.48 Deferred construction.

Whenever it is deemed necessary by the city to defer the construction of any improvement required herein because of incompatible grades, future planning or for other reasons, the property developer shall pay his share of the costs of the future improvements to the city, or the developer may post a bond, insuring completion of said improvements upon demand of the city. The city shall refund any funds so paid if not used for their intended purpose, and refund shall be made when the city determines said funds shall not be so used.

25.166.49 Temporary improvements.

The developer shall be required to pay all costs for all temporary improvements and shall be required to maintain the same, except as may be provided by this ordinance. Prior to the construction of any temporary facility, the developer shall file with the city a suitable bond, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed.

25.166.50 Municipal utilities.

(a) Water facilities shall be furnished and installed by the developer according to section XI of the standard specifications. The developer is required to pay for meter and box installation performed by the city. The city, at its option, may elect to install the service line and charge the developer a fee for the installation of the service line in accord with the fee schedule adopted by the city council for such work.

(b) Sewer facilities shall be furnished and installed by the developer according to the standard specifications.

(c) The developer shall show evidence to the city that arrangements have been made with Pacific Gas and Electric Company for electric and gas facilities, services and meters. All power facilities shall be installed underground unless otherwise permitted by ordinance 68-6 and any subsequent amendments.

(d) The developer shall show evidence to the city that arrangements have been made with the Pacific Telephone Company for telephone facilities and service. All telephone facilities shall be installed underground unless otherwise permitted by the city council.

(e) The developer shall show evidence to the city that arrangements have been made for cable television facilities and services with all cable television systems serving the development pursuant to a cable television franchise granted by the city. All cable television facilities shall be installed underground unless otherwise permitted by the city council. (Ord. No. 92-11, § 2.)

25.166.51 Residual parcel, improvement of.

The developer shall, concurrently with the development of any lands, construct all required public works facilities and pay all fees and charges set forth herein for any residual parcel created by the development of said lands.

25.166.52 Deferred charges.

Whenever any property or parcel of land, not under development, is directly benefited by the installation of any of the required facilities, utilities or public works improvements, the city may advance the costs of same and defer the collection of such charges until such time as said property is developed. Said charges shall be satisfied before any subdivision, record of survey of a division of land, building permit or service connection for such property is granted or accepted by the city.

Engineering diagrams showing property benefited will be furnished the building division and the finance department of the city, showing amounts of deferred charges.

25.166.53 Deferred credits.

If for any reason, the city is not in a position to advance the costs of the required rightof-way, facilities, utilities and/or public works improvements for intervening properties or parcels of land, the developer shall advance said costs for which the city will enter into a reimbursement agreement by the city of the charges prescribed. The reimbursement process is stated in Chapter 6B of this Code. (Ord. No. 94-20, § 4.)

25.166.54 Charges - Existing improvements.

Wherever existing facilities, utilities or other public works improvements have been installed without cost to a property, the developer of such property must pay to the city the charges as set forth by resolution of the city council.

25.166.55 Cost clearance certifications.

Before any building permit shall be issued, or service connection made, a certificate shall be obtained from the city showing that the liability said property has for all facilities and/or improvements has been satisfied.

25.166.56 Grading and erosion control.

Every subdivision approved pursuant to this article shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property.

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Division 8. Reversion to Acreage.

25.166.57 Reversions to acreage by final map.

Subdivided property may be reverted to acreage pursuant to provisions of this article.

25.166.58 Initiation of proceedings by owners.

Proceedings to revert subdivided property to acreage maybe initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the director of planning and development. The petition shall contain the information required by section 9.4 [section 25.166.69] and such other information as required by the director of planning and development.

25.166.59 Initiation of proceedings by city council.

The city council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The director of planning and development shall obtain the necessary information to initiate and conduct the proceedings.

25.166.60 Data for reversion to acreage.

Petitioners shall file the following:

(a) Evidence of title to the real property; and

(b) Evidence of the consent of all of the owners of an interest(s) in the property; or

(c) Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(d) Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record.

(e) A tentative map in the form prescribed by section V of this article; or

(f) A final map in the form prescribed by section VI [division 6] of this article which delineates dedications which will not be vacated and dedications required as a condition to reversion.

25.166.61 Filing fee.

Petitions to revert property to acreage shall be accompanied by a fee which shall be set by resolution of the city council.

25.166.62 Proceedings before the city council.

A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in section 66451.3 of the government code. The director of planning and development may give such other notice that it deems necessary or advisable.

The city council may approve a reversion to acreage only if it finds and records in writing that:

(a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b) Either:

(1) All owners of an interest in the real property within the subdivision have consented to reversion; or

(2) None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(3) No lots shown on the final or parcel map were filed for record.

The city council may require as conditions of the reversion:

(1) The owners dedicate or offer to dedicate streets or easements.

(2) The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this article.

25.166.63 Return of fees. deposits - Release of securities.

Except as provided in section 8.6 [section 25.166.72], upon filing of the final map for reversion of acreage with the county recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the city council.

25.166.64 Delivery of final map.

After the hearing before the city council and approval of the reversion, the final map shall be delivered to the county recorder.

25.166.65 Effect of filing reversion map with the county recorder.

Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

25.166.65.1 Filing of parcel map for purpose of reverting to acreage.

A parcel map may be processed and filed in accord with provisions of this article for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. (Ord. No. 77-2, § 2.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

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Division 9.

Compliance with Ordinance [Chapter] and Map Act.

25.166.66 Voidability of deeds or contracts violating chapter.

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee.

25.166.67 Buildings not to be constructed on illegally subdivided land.

No permits shall be issued for the construction of or alterations to any building or structure located or to be located on land which is subdivided in violation of the provisions of the subdivision map act or this chapter until such time as the subdivision map act and this chapter are complied with.

25.166.68 Unlawful.

It shall be unlawful to improve or develop property with lower standards than those prescribed or established herein or lower than those established pursuant hereto.

25.166.69 Penalty for violation.

Any person, firm or corporation who shall violate any of the provisions of this ordinance [chapter], or any regulation or rule passed in accordance therewith shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city jail for a period of not more than six (6) months, or by both such fine and imprisonment.

25.166.70 Separability.

If any section, subsection, sentence, clause or phrase of this ordinance [chapter] or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance or the application of such provisions to other persons or circumstances. The city council hereby declares that it would have passed this ordinance [chapter] or any section, subsection, sentence, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional.

25.166.71 Repealing conflicting ordinances.

This ordinance [chapter] shall supersede ordinance 61-21 and all subsequent amendments to that ordinance, and any portion of any resolution or ordinance in conflict therewith to the extent of such conflict and no more.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

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Division 10. Fees - Bridges or Major Thoroughfares.

25.166.72 Fees - Bridges or major thoroughfares.

There may be required the payment of fees for the purpose of defraying the cost of constructing bridges or major thoroughfares in accordance with the conditions set forth in chapter 4, article 5, of the subdivision map act.

25.166.73 General conditions.

(a) Facilities to be constructed shall conform to the general plan and for bridges to the transportation, circulation or flood control provisions thereof which identify railways, freeways, or streams for which bridge crossings are required, and in the case of major thoroughfares, to the provisions of the circulation element which identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

(b) Major thoroughfares to be constructed shall be those that are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time the boundaries of the area of benefit are established.

(c) Bridges to be constructed shall be an original bridge serving the area or an addition to any existing bridge facility serving the area at the time the boundaries of the area of benefit are established. No fees shall be collected or expended to reimburse the cost of constructing existing bridge facilities.

(d) In establishing the property liable for payment of fees under this section, there may be included in the area of benefit land in addition to that which may be the subject of any subdivision map or building permit application being considered concurrently with the proceedings to create a benefiting district.

(e) In determining the method of fee apportionment for major thoroughfares, land which abuts the proposed improvement shall not be allocated higher fees than land not abutting the improvement unless the abutting property is provided direct useable access to the major thoroughfare.

25.166.74 Resolution of intention to form district.

Whenever the council deems it necessary to form a district representing an area of benefit under the provisions of this article, the council shall by resolution declare its intention to form such a district to establish fees for the construction of bridges or major thoroughfares. The resolution of intention shall state the following:

  • (a) The time and place of the public hearing.

(b) The boundaries of the area of benefit.

(c) The description of the proposed improvements.

(d) The estimated cost of the construction of the proposed improvements, including right-of-way design and contract administration.

(e) The estimated advance or contribution of funds by city.

  • (f) The method of fee apportionment.

(g) The estimated fee which will be established as a condition of approval of final subdivision maps or for issuance of building permits.

(h) The method of time for filing of protests.

25.166.75 Notice of hearing.

Notice of hearing shall be given by publishing a copy of the resolution of intention once at least ten (10) days prior to the time fixed for the hearing in a newspaper of general circulation. Such notice shall also be given by mailing a copy of said resolution of intention at least fifteen (15) days before the time fixed for the hearing to each owner of land within the proposed improvement district as shown on the last equalized county assessment roll.

25.166.76 Public hearing.

At the time and place fixed in the resolution of intention, the council shall hear any owner liable for the payment of fees who may appear and present testimony material to the matters set forth in the resolution of intention. Also, the council shall hear and pass upon all written protests filed by the owners of land within the proposed improvement district. Written protests must be filed with the city clerk prior to the time of the hearing and must contain a description of the property in which each signer thereof is interested. Each description must be in sufficient detail to clearly identify the same. If the signers of the protests are not shown on the last equalized assessment role as the owners of such property, the protest must contain or be accompanied by written evidence that such signers are the owners of such property. The hearing may be continued from time to time by the council.

25.166.77 Maiority protests.

(a) If, within the time when a protest may be filed under the provisions of this section, there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvements, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned and the council shall not for one (1) year from the filing of that written protest commence or carry on any proceedings for the same improvements or acquisition under the provisions Of this section.

Protests may be withdrawn by the owner making the same, in writing, at anytime prior to the conclusion of the public hearing.

(b) If any majority protest is directed against only a portion of the improvements, then all further proceedings under the provisions of this section to construct that portion of the improvements so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any party of the improvements or acquisition so protested against. Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds by the affirmative vote of four-fifths of its members that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvements or acquisition.

25.166.78 Resolution of district formation.

(a) If a majority protest is not filed, or If filed and protests are withdrawn such that less than a majority protest exists at the conclusion of the hearing, the council shall by resolution determine whether or not It is deemed necessary to form the district representing an area of benefit and establish the fees therefor. A certified copy of the resolution designating a benefiting district shall be recorded by the city in the office of the Solano county recorder. The apportioned fees specified in said resolution shall be applicable to all property within the area of benefit, and shall be payable as a condition of approval of a final subdivision map or as a condition of issuing a building permit for new construction of a building.

(b) Any action or proceeding to attack, review, set aside, void or annul the resolution forming the district, designating the area of benefit and establishing the fees therefor, or any of the proceedings, acts or determinations taken, done or made prior to the adoption of such resolution shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date of adoption of such resolution. Thereafter, all persons are barred from any such action or proceeding, or from raising as a defense any defense of invalidity of such resolution or of such proceedings, acts, or determinations.

(c) Any defect, error or informality in the publication or mailing of notices of the hearing, or of the landowner of person interested in the land to receive the notice shall not invalidate any proceedings conducted or resolution adopted pursuant to this section.

25.166.79 Fees collected.

(a) Fees paid pursuant to this article shall be deposited in a planned bridge facility or major thoroughfare fund. A separate fund shall be established for each planned bridge facility project or major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area.

(b) Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.

(c) A resolution adopted pursuant to this article may provide for the dedication of land or construction of improvements in lieu of the payment of fees.

25.166.80 Advance or contribution of city funds.

(a) The city may advance money from its general or other fund to pay the cost of constructing all or a portion of the improvement and may reimburse the general or other fund for such advance from planned bridge facility or major thoroughfare funds established to finance the construction of such improvements.

(b) Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the council shall make provision for payment of the share of the improvement cost apportioned to such land from sources other than the planned bridge facility or major thoroughfare fund.

25.166.81 Reimbursement to subdivider or developer.

Whenever a subdivider or land developer is required to pay a fee for the construction of a bridge or improvement of a. major thoroughfare as a condition precedent to the acceptance of a final subdivision map or as a condition of issuing a building

permit, and the facility is, or is to be, dedicated to the public, the council may contract with the subdivider or land developer for the construction of the bridge or improvement of a major thoroughfare, and reimburse the subdivider or land. developer for the cost of constructing the facility from the fees collected from the benefiting district.

(Ord. No. 80-42, § 1.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

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Division 11. Vesting Tentative Map. General Provisions.

25.166.82 Citation and authority.

This ordinance is enacted pursuant to the authority granted by chapter 4.5 (commencing with section 66498.1) of division 2 of title 7 of the government code of the state of California (hereinafter referred to as the vesting tentative map statute), and may be cited as the vesting tentative map ordinance.

25.166.83 Purpose and intent.

It is the purpose of this ordinance to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the subdivision map act and the subdivision ordinance. Except as otherwise set forth in the provisions of this ordinance, the provisions of the subdivision ordinance shall apply to the vesting tentative map ordinance.

To accomplish this purpose, the regulations outlined in this ordinance are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

25.166.84 Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of the city code.

25.166.85 Definitions.

(a) A “vesting tentative map” shall mean a “tentative map” for a residential subdivision, as defined in the subdivision ordinance, that shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with § 25.166.87, and is thereafter processed in accordance with the provisions hereof.

(b) All other definitions set forth in the subdivision ordinance are applicable.

25.166.86 Application.

(a) This ordinance shall apply to residential developments.

Whenever a provision of the subdivision map act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(b) If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

25.166.87 Filing and processing.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the subdivision ordinance for a tentative map except as hereinafter provided:

(a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “vesting tentative map.”

(b) At the time a vesting tentative map is filed a subdivider shall also supply the following information:

(1) A statement that architectural approval has been granted, or an application for architectural· approval and plans have been filed which will be concurrently processed with the vesting tentative map for all buildings to be constructed on lots within the boundary of the vesting tentative map.

(2) A statement that the vesting tentative map is consistent with the current zoning of the land, or that an application has been filed for rezoning or prezoning the land which will be processed concurrently with the vesting tentative map. If a PUD permit or use permit is required, said permit shall be processed prior to or concurrently with the vesting tentative map.

(3) A tentative utility plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable t.v. and street lighting to be installed to serve the subdivision and any facilities which currently exist within the boundary of the subdivision.

(4) The height, size, location and use of all buildings to be constructed within the subdivision.

(5) Proposed grading plans of sufficient detail to obtain grading permit.

(6) Location of proposed sewer, water, storm drain and road details with appropriate calculations and master plan studies.

  • (7) Geotechnical analysis of the subdivision land.

  • (8) Soils analysis of the subdivision land.

(9) Flood plan information including the amount of flooding that may occur during a storm with a frequency of once in 100 years, and mitigation measures necessary to protect the subdivision from flooding during a storm with a frequency of once in 100 years.

(10) Wild fire prevention plan and/or noise analysis with suggested mitigation measures if required by the city’s general plan or any specific or area wide plan.

(11) Required approval letters from other agencies where applicable.

(12) Traffic studies including, but not limited to, existing and future traffic, geometries, number of lanes, level of service, and recommended pavement sections.

(13) When required by the city engineer, feasibility studies, life cycle studies, or other future impact studies.

(14) When required by the department of planning and development, an economic analysis including analysis of the market and cost/revenue analysis for the subdivision.

(15) Any other studies required because of the peculiarities of the subdivision.

All vesting tentative map submittals must be accurate and complete, and must satisfy all requirements of the department of planning and development and the department of public works. Failure to comply with the above shall be cause for rejection.

25.166.88 Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the city council for the filing and processing of a vesting tentative map.

25.166.89 Expiration.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by the subdivision ordinance for the expiration of the approval or conditional approval of a tentative map.

25.166.90 Vesting on approval of vestinq tentative map.

(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in government code section 66474.2.

However, if section 66474.2 of the government code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(b) Notwithstanding subdivision (a), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2) The condition or denial is required, in order to comply with state or federal law.

(3) The condition or denial shall be required if there is a boundary shift which neither the developer nor the city has control over, and such shift would result in damages to the developer or surrounding lands.

(c) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 25.166.88. If the final map is approved, these rights shall last for the following periods of time:

(1) An initial time period of one (1) year.

Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded.

(2) The initial time period set forth in (c) (1) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in (c) (1) expires. The request for extension shall be submitted, in writing, to the secretary of the planning commission. The planning commission shall review any request for extension and submit a recommendation to the city council. An extension may be granted for a maximum period of one year.

The city council shall deny a request for extension unless it finds that changes to any city ordinances, policies, or standards that were adopted subsequent to the time of filing the vesting tentative map are not necessary to protect the public health, safety or welfare.

(4) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (1) - (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. conditional approval.

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city shall deny such a vesting tentative map if the city finds the vesting tentative map to be inconsistent with the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the vesting tentative map. If a change in the zoning ordinance or issuance of a PUD permit or use permit is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 25.166.89(a), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance, PUD or use permit and the map as approved.

(b) The rights conferred by this section shall be for the time periods set forth in §25.166.89(c).

25.166.92 Taxes, fees and charges.

Subdivider shall pay all applicable taxes, fees and charges in the amount required at the time such taxes, fees and charges. become due and payable.

25.166.93 Applications inconsistent with current policies.

Notwithstanding any provision of this ordinance, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in § 25.166.89(a) and 25.166.90, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 86-1, § 1.)

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Division 12. Disclosure Requirements.

25.166.94 Disclosure of future development of vacant land.

All residential subdivisions shall be required to include on the Real Estate White Paper (Public Report) the following statement:

You are hereby notified that there may be vacant land that is planned for future development in the vicinity of the home you may purchase at ________. Further information on planned development within the city of Fairfield can be obtained from the Fairfield Department of Planning and Development, 1000 Webster Street, 2nd floor, Fairfield, CA 94533, telephone: (707) 428-7461.

(Ord. No. 93-19, § 4.)

25.166.94(a) Disclosure regarding Travis Air Force Base.

All residential subdivisions located north of Air Base Parkway and east of Clay Bank Road, or south of Air Base Parkway and east of Walters Road shall be required to include on the Real Estate White Paper (Public Report) the following statement:

You are hereby notified that the residential property that you may purchase at ____________________________ is located within the vicinity of Travis Air Force Base. Travis Air Force Base is located in the eastern portion of the City of Fairfield. The City of Fairfield does not permit residential development at a noise level in excess of 65 decibel noise contour for the maximum mission of Travis Air Force Base (as represented in the 1995 Air Installation Compatible Use Zone Study). However, residents of Fairfield within the vicinity of Travis Air Force Base may experience noise from aircraft operations at the Travis Air Force Base. The amount of noise may change over time depending on the mission and operations of the base. Further information on this disclosure may be obtained from the Fairfield Planning and Development Department, 1000 Webster Street, Second Floor, Fairfield, California 94533; telephone: (707)428-7461.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

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Division 13. Park Land Dedication.

25.166.95 General.

This Division is enacted pursuant to the authority granted by the Subdivision Map Act (Government Code §66477) and the general police power of the City. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this article are in accordance with the General Plan of the City of Fairfield, the Peabody-Walters Master Plan, other adopted specific plans and the Department of Community Services Parks Capital Project Plan 1995-2005 (collectively referred to hereinafter as the “Parks Plans"). These park and recreational facilities include projects such as a variety of parks, tennis courts, soccer fields, ball fields, swimming pools and other like recreational facilities.

25.166.96 Requirements.

As a condition of approval of a tentative map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this article.

25.166.97 General Standard.

It is found and determined that the public interest, convenience, health, welfare and safety require that three and one half (3.5) acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes. The amount and location of land to be dedicated pursuant to Section 25.166.98 or fees to be paid pursuant to Section 25.166.99 and 25.166.100 shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (Ord. 2006-23, eff. 1/4/07)

25.166.98 Standards and Formula for Dedication of Land.

Where a park or recreational facility has been designated in the Parks Plans and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size, location and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Acres of Land per Dwelling Unit = 3.5 acres X Average Number of
Persons
1000 persons Dwelling Unit

Unless there is evidence to the contrary, the following criteria will be used to estimate population:

Dwelling Unit Type Number of Persons per Dwelling Unit
Single Family 3.2
Multi-Family 1.9

(Ord. No. 2009-13 § 1.)

25.166.99 Formula for Fees in Lieu of Land Dedication.

(a) General Formula. If there is no park or recreational facility designated in the Parks Plans to be located in whole or in part within the proposed tentative map for the subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider, shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 25.166.98 as determined in accordance with the provisions of Section 25.166.102. The fee shall be used for a local park or recreational facility which will serve the residents of the area being subdivided.

(b) Fees in Lieu of land - 50 Parcels or less. if the proposed subdivision contains 50 parcels or less and is not a condominium, stock cooperative or community apartment project containing more than 50 dwelling units, the subdivider shall pay a fee equal to the land value of the portion of the local park or recreational facility required to serve the needs of the residents of the proposed subdivision as prescribed in Section 25.166.98 and in an amount determined in accordance with the provisions of Section 25.166.102.

(c) Use of Money. The money collected hereunder shall be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or, if the Community Services Commission deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. The money shall be committed within five (5) years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision.

25.166.100 Criteria for Requiring both Dedication and Fee.

In subdivisions of over 50 lots, or, in the case of a condominium project, stock cooperative or community apartment project, if the subdivision contains more than fifty (50) dwelling units, then under the following circumstances the subdivider shall both dedicate land and pay a fee in accordance with the following:

(a) When only a portion of the land to be subdivided is proposed in the Parks Plans as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 25.166.102 shall be paid in lieu of any additional land that would have been required to be dedicated pursuant to Section 25.166.98.

(b) When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to Section 25.166.102 shall be paid in lieu of any additional land which would otherwise have been required to be dedicated pursuant to Section 25.166.98.

25.166.101 Determination of land or Fee.

Land dedication, or payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

  • (a) Community resources of the City’s General Plan;

  • (b) Topography, geology, access and location of land in the subdivision available for dedication;

  • (c) Size and shape of the subdivision and land available for dedication;

  • (d) Feasibility of dedication; and

  • (e) Availability of previously acquired park property.

The determination by the City as to whether land shall be dedicated, or whether a fee hall be charged, or a combination, shall be final and conclusive.

25.166.102 Amount of Fee in Lieu of Park Land Dedication.

When a fee is required to be paid in lieu of park land dedication, the amount of the fee shall be based upon the average estimated fair market value of land in the zone identified in Section 25.166.97 in which the land is located.

The fair market value shall be as determined by the Public Works Department at the time of tentative map approval and may be reviewed and adjusted at each subsequent extension. If the subdivider objects the fair market value determination, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the fair market value. All costs required to obtain such appraisal shall be borne by the subdivider. (Ord. No. 95-22, § 1.)

25.166.103 Credit for Private Recreation or Open Space.

Where a substantial private park and recreational area is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement of land dedication or payment of fees in lieu of, if the Community Services Commission finds that it is in the public interest to do so and that all the following standards are met:

(a) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(b) That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

(c) That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor;

(d) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

(e) That facilities proposed for the open space are in substantial accordance with the provisions of the General Plan; and

(f) That the open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park basic elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:

Criteria List Minimum Facility Size (Acres)
Children’s play apparatus area .50 - .75
Family picnic area .25 - .75
Game court area .25 - .50
Irrigated Multi-Use Turf playfeld 1.00 - 3.00
Swimming pool (42’ x 75’) with
adjacent deck and lawn areas
.25 - .50
Recreation center building .15 - .25
Recreation Community Gardening .15 - .50

25.166.104 Procedure.

Prior to the time of approval of the tentative subdivision or parcel map, the Community Services Commission shall determine whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees. The action of the Community Services Commission shall include the following:

  • (a) The amount of land required; or

  • (b) That a fee be charged in lieu of land; or

  • (c) That land and a fee be required; and/or

  • (d) That a stated amount of credit be given for private recreation facilities or unique natural and special features, etc.;

  • (e) The location of the park land to be dedicated or use of in-lieu fees;

  • (f) The approximate time when development of the park or recreation facility shall commence.

At the time of the filing of the final map, the subdivider shall dedicate the land. At the time of issuance of building permits for the subdivision, the subdivider shall pay the fees on a per- residential lot basis.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map and shall be recorded contemporaneously with the final subdivision map.

25.166.105 Non-Applicable Subdivisions.

The provisions of this article do not apply to commercial or industrial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

(Ord. No. 95-14, § 3.)

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Division 14.

Capital Improvements Fee and Reimbursement Agreements

25.166.106 Capital Improvement Fee.

(a) There is hereby established a Capital Improvement Fee to reimburse the City for the costs it has incurred in constructing public improvements that will directly serve and are necessary for the construction of a new subdivision or development. A public improvement shall be deemed to directly serve and be necessary for the construction of new development if the construction of such improvement could have been imposed as a condition of development had the city not previously constructed the public improvement. (Ord. 2007-01, § 3.)

(b) The Capital Improvement Fee shall be paid upon the earliest of the following events:

  1. Issuance of a building permit for the development of the subject property;

  2. Filing of a final subdivision map;

  3. Connection to sanitary sewer, water or storm drain facilities.

(Ord. 2007-01, § 3.)

(c) The amount of the Capital Improvement Fee shall be the estimated proportionate share of the actual and reasonable costs of constructing, sizing, and locating the facilities that directly serve and benefit the individual parcel. (Ord. 2007-01, § 3.)

(d) The fee imposed on each parcel shall be calculated in the manner provided by subsection (c) and adopted by a resolution of the City Council. The City Council shall hold a duly noticed public meeting regarding the proposed Capital Improvement Fee, as required by Government Code Sections 66016 and 66018. Pursuant to Government Code Section 66018, the cost of conducting the hearing may be included in the Capital Improvement Fee. (Ord. 2007-01, § 3.)

(e) Funds collected pursuant to this section shall be deposited by the city in a special fund entitled “Capital Improvement Fee Fund,” which is hereby established. This fund shall be used exclusively for the purpose of mitigating the city’s costs of locating, sizing, and constructing facilities on or adjacent to currently undeveloped land that will be developed in the future. (Ord. 200701, § 3.)

25.166.107 Capital improvements for property not within the subdivision; reimbursement agreements.

The City may require that a subdivider construct improvements with supplemental size, capacity, number, or length for the benefit of property not within the subdivision and dedicate these improvements to the public pursuant to Government Code Section 66485. The City shall enter into an agreement to reimburse the subdivider for the cost of those improvements in excess of the construction required for the subdivision. (Ord. 2007-01, § 3.)

If the agreement was approved by the City Council with a specific provision to allow a value adjustment to occur to the initial cost of installing the improvements, then the City Engineer shall make adjustments as follows:

  1. On the first January 1 following the date the City entered into the agreement, the City shall increase the costs of the improvements by a dollar amount equivalent to the result of multiplying the original cost amount(s) in the agreement by the interest yield on the five year U.S. Treasury Bill. The percentage of increase for the first adjustment will be prorated based on the number of months since the date of the agreement. These new amounts will be effective until January 1 of the next year and will be the new basis of costs for calculating the value adjustment for the following year. (Ord. 2007-01, § 3.)

  2. On each January 1 following the first adjustment noted above in subsection (1), the City shall increase the costs of the improvements by a dollar amount equivalent to the result of multiplying the current cost amount(s) in the agreement by the interest yield on the five year U.S. Treasury Bill. These new amounts will be effective until January 1 of the next year and will be the basis of costs for calculating the value adjustment for the following year. (Ord. 2007-01, § 3.)

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Division 15. Merger of Contiguous Parcels

25.166.120 Purpose.

This Division sets forth the procedures for owner-initiated mergers of contiguous parcels under common ownership without reverting to acreage, pursuant to Government Code 66499.20.3. Nothing in this section shall be construed to prevent an applicant from filing a tentative map, a final parcel map, or subdivision map for any merger. (Ord. No. 2019-02, § 1.)

25.166.121 Definitions.

“Contiguous” means touching or adjoining at more than one point. Parcels shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights-of-way.

“Director” means the Director of Community Development of the City of Fairfield.

“Merger” means the joining of two (2) or more contiguous parcels of land under one ownership into one parcel. (Ord. No. 201902, § 1.)

25.166.122 When Parcels may be Merged.

The owner of contiguous parcels may initiate the voluntary merger of the parcels. The Director, City Engineer, Planning Commission or City Council may require the owner of any contiguous parcel to request the merger of any or all contiguous parcels within the city in conjunction with the giving of any variance, conditional use permit, or any other development approval under this article or the Zoning Ordinance. (Ord. No. 2019-02, § 1.)

25.166.123 Application.

An owner of two or more contiguous parcels may initiate a merger by submitting an application, any fees established by resolution of the City Council, and any other such information as may be requested to the Director. (Ord. No. 2019-02, § 1.)

25.166.124 Director Review.

(a) In consultation with the City Engineer, the Director shall review and may approve or conditionally approve each proposed merger. The Director shall approve a merger if all of the following findings can be made:

(1) The merger does not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;

(2) The boundaries of the parcels to be merged are well defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them;

(3) The merger will not alter the exterior boundary of the parcels to be merged;

(4) The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;

(5) The merger complies with the building and zoning requirements for the zoning district in which the property is located;

(6) All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner set forth in the application and approved by the city engineer. Consent is not required from the interests that are accepted from the requirement to consent to the preparation and recordation of final maps under Government Code section 66436;

(7) All necessary fees and requirements have been provided.

(b) The Director may impose conditions of approval on a lot merger application as necessary to ensure compliance with the General Plan, any applicable specific plan, the zoning ordinance, or any other applicable provisions of the City Code; or to facilitate the relocation of existing utilities, infrastructure, or easements.

(c) No public hearing is required unless requested by the applicant. If a hearing is requested, notice of the public hearing shall be given in accordance with Section 25.43 (Public Hearings). (Ord. No. 2019-02, § 1.)

25.166.125 Appeals.

Any person dissatisfied with the decision of the Director may appeal such action to the Planning Commission, in accordance with the procedures specified in Section 25.44 (Appeals and Calls for Review). (Ord. No. 2019-02, § 1.)

25.166.126 Effective Date.

Upon approval, the Director shall issue documentation verifying approval of the voluntary parcel merger to the property owner. The property owner shall be responsible for filing with the County Recorder an instrument of merger reflecting the voluntary parcel merger. The merger shall be effective when the instrument is filed with the County Recorder. The property owner shall submit a copy of the recorded instrument to the Director. (Ord. No. 2019-02, § 1.)

25.166.127 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 15 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 CM 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; however, 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. (Ord. No. 2026-01, § 13.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2545.html

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Article IV. Condominium Conversions.

25.167 Findings and Intent.

The City Council of the City of Fairfield finds that the conversion of existing buildings to condominiums creates unique problems. The divided ownership and responsibility for building conditions, health and safety issues, traffic and parking problems, maintenance of sewer and plumbing facilities and other common areas, reduced privacy, unclear responsibility for repairs and/or replacements due to fire or other disasters and unfair or incorrect apportionment of utility expenses to all owners, all of which problems may affect the general public health, safety and welfare of the City of Fairfield.

Condominium conversions may also impact the overall supply of housing affordable to lower income households in Fairfield, and may change the character of the occupancy. For example, converting rental housing into condominiums may change the demographics of the building from young single people to families or elderly people. These changes may require special design considerations and provisions to protect the health and safety of existing residents, new condominium owners, and lower income or displaced tenants.

The purpose of this ordinance is to promote a reasonable balance of rental and ownership housing and greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to avoid undue hardship and displacement of tenants, particularly those in low-to-moderate cost housing and those who are elderly, families with minor children and the handicapped; to promote the safety and modernization of condominium conversion projects; and to generally regulate conversion projects in accordance with the housing element of the general plan, as well as other applicable general and specific plans, current building and zoning codes, and in accordance with the public health, safety and welfare.

25.168 Definitions.

The following words used herein shall have the meanings set forth, unless the context requires otherwise:

(a) "Apartment” means a rental or lease dwelling in a structure designed or used to house two (2) or more families, as the term “family” is defined in section 25.32.

(b) "Applicant” means the owner(s), developer or subdivider of a project as their interests may appear.

(c) "Common area” means those portions of the project area that are designed, intended or used in common and not under the exclusive control or possession of owners or occupants of individual units in said project.

(d) "Condominium” means and includes the following: A condominium project, as defined in section 1350 of the civil code, containing two (2) or more condominiums, as defined in section 783 of the civil code; a community apartment project, as defined in section 11004 of the business and professional code, containing two (2) or more rights of exclusive occupancy; a stock cooperative, as defined in section 11003.2 of the business and professional code, containing two (2) or more separately owned lots, parcels or areas, or any other such project as defined by state law. In addition, for the purpose of this article, developments which offer own-your-own or fee ownership units, whereby the individual owns land directly below the “foot print” of said unit, shall be defined as a condominium.

(e) "Developer” means the owner or subdivider with controlling proprietary interest in the condominium project, or the person or organization making application hereunder.

(f) "Open space” means all land areas that are not occupied by buildings, structures, parking areas, streets or alleys.

(g) "Project” means the entire parcel of real property proposed to be used or divided, as land or airspace, into two (2) or more units as a condominium.

(h) "Unit” means the particular area of land or airspace that is designed, intended or used for exclusive possession or control of individual owners or occupiers, whether or not they have interests in common areas of said project.

(i) "Vacancy factor” means the percentage (%) of all apartments being offered for rent or lease in the City of Fairfield which are vacant. Said vacancy factor shall be established by the most recent rent and vacancy survey completed by the City of Fairfield Community Development Department. (Ord. No. 2012-04, § 3.)

25.169 Applicability and Effect.

Any proposal to convert existing rental housing projects into a residential condominium project as defined in sections 783 and 1350 of the civil code, community apartment project, as defined in section 11004 of the business and professions code, or stock cooperative, as defined in section 11003.2 of the business and professions code of the State of California, shall comply with the provisions and standards of the following sections.

25.170 Applications, Documents, Plans and Information to be Submitted Prior to or at…

In addition to the information required by other applicable sections of this code, plans and documents, certified as to accuracy by a licensed engineer or architect, showing the following information shall be submitted at the time of filing of the tentative map:

(a) Site plan, including buildings, structures, yards, open space, landscaped areas, vehicular travel and parking areas, driveway approaches, recreational facilities, placement and design of trash facilities, and utility services.

(b) Parking plan, disclosing the location of all parking spaces, the dimensions thereof, the status as a garage, carport, or uncovered space, dimensions of aisles and driveways, locations of columns, walls, and other possible obstruction, the designation of each space as assigned to a particular unit or as guest parking, and the location of each unit to which a space is assigned in a manner such that the walking distance between each unit and its assigned spaces may be readily determined.

(c) A storage area plan, showing the location and dimensions of storage areas, as required by sec. 25.171.

(d) If a recreational vehicle storage area is to be provided, the site plan shall disclose the location and dimensions of such area.

(e) A television antenna plan showing the proposed location of all fixed antennas.

(f) A tenant assistance plan as defined in sec. 25.173 of this article.

(g) A detailed “property report” describing the date(s) of original construction, present useful life of the roof, foundations, mechanical, electrical, plumbing and existing buildings or structures in said project, condition of parking lot and driveway paving, sanitary sewer, and storm drain facilities, along with an appropriate maintenance schedule for replacement, repair, or reconstruction necessary to maintain the property in a safe, attractive, and code-compliant state. Such report shall be prepared and certified to by a registered civil or structural engineer or licensed architect.

(h) An acoustical analysis as defined in title 25, chapter 1, article 4 of the California administrative code certifying that the dwelling units therein meet all unit to unit noise limitations of said code, or providing for necessary measures to meet said limitations.

(i) Energy conservation measures to be employed and documented (by a person certified to conduct such study) as to the extent the project and units comply with title 24 of the California administrative code.

(j) A City of Fairfield Conditional Use Permit Application, with all the application submission requirements established by the Zoning Ordinance and the Community Development Department and addressing all of the requirements for said Conditional Use Permit outlined in Section 25.32.14 of the Fairfield Zoning Ordinance.

(k) A budget, prepared by a licensed general contractor, architect, or property management firm, demonstrating that the homeowners’ association has a sufficient endowment, adequate monthly dues, and a financial plan to maintain an adequate reserve to maintain all common property and structures, including roofs, paved areas, parking structures, painting/exterior walls, and utilities, in a safe, attractive manner compliant with codes and ordinances. Said budget shall address the recommendations, including cost estimates, contained in the property report required in subsection (g) above.

No tentative map shall be deemed filed until the applicant has complied with the requirements of this section. (Ord. No. 201204, § 3.)

25.171 Specific Requirements for the Approval of Tentative Maps.

No tentative map shall be approved unless the project complies with the following requirements, unless a waiver is first obtained pursuant to sec. 25.180.

(a) Compliance with current requirements of the City building, zoning and fire codes in effect at the time of filing of the tentative map, including approval of a Conditional Use Permit as required by the Fairfield Zoning Ordinance, Section 25.32.14.

(b) In addition to clothes, linen, and food pantry closets and shelving customarily provided, each unit within the project shall have at least eighty-four (84) cubic feet of enclosed, weatherproof, and lockable private storage space at a single location.

(c) If the storage of boats, trailers, recreational vehicles and similar vehicles is to be permitted within the complex, an area shall be specifically designated for such storage and shall be screened from adjacent areas by a combination of a six-foot high masonry wall or acceptable alternative and appropriate landscaping.

(d) Exposed television antennas for individual dwelling units shall not be permitted.

(e) All utilities having variable billing rates such as gas and electric service but excluding water service must be separately metered for each dwelling unit. All utility and other similar service lines must be installed underground as follows:

(1) Gas

  • (2) Electric

  • (3) Water

  • (4) Telephone

  • (5) Television cable

(6) Other service lines or facilities as may be determined appropriate by the Planning Commission or City Council.

(f) The developer shall install an on-site lighting system in all parking areas, vehicular access ways and along major walkways. Such lighting shall be directed onto driveways and walkways within the project and away from dwelling units and adjacent properties, and shall be of a type approved by the Community Development Department.

  • (g) All conditions of approval required by the City.

  • (h) Fire Wall Requirements.

  1. When ownership is specified as an airspace condominium (Ownership includes space within the unit. The structure is owned by the homeowner association) an architect or engineer shall provide written verification of the following: 1) wall and floor/ceiling assemblies that separate units are 1-hour rated assemblies. 2) Wall and floor/ceiling assemblies that separate units meet California Building Code (CBC) requirements for noise (sound and impact) transmission. 3) Attic and floor assemblies are draft stopped between units per the CBC.

  2. When the condominium creates separate ownership of the structure (foundation, separating walls, and roof/ceiling) the separation between units shall consist of two 1-hour walls that extend from the foundation to the roof plywood and shall include a vertical or horizontal parapet on each side of the property line. An architect or engineer shall confirm in writing that the 1-hour property line walls and parapets are installed to CBC requirements.

(i) Dedication of all necessary rights-of-way and easements for public services to and within the subdivision.

(j) The on-site storm drainage shall be private and connected to the system in adjacent streets. The C.C. & R.’s shall indicate this and that maintenance will rest with the homeowners association.

(k) The on-site sanitary sewer for the condominium units shall be private. The C.C. & R.’s shall indicate this and that maintenance of the system shall rest with the homeowners association. Sizing, location of cleanouts and manholes shall meet the uniform plumbing code and the City’s standard details.

(l) At least one covered parking space shall be assigned to each unit.

(m) Laundry facilities shall be provided in each unit or in common laundry area with 1 washer/dryer per 5 units for the first 50 units and 1 washer/dryer per 10 units for all units in excess of fifty.

(n) Prior to recordation of the Final Map or sale of the first unit, whichever occurs first, a City of Fairfield Property Maintenance Agreement shall be executed. The Agreement shall be recorded on title at the Recorder’s Office of the County of Solano. (Ord. No. 2012-04, § 3.)

25.172 Tenant Assistance Plan, Required Information at Time of Filing of Tentative Map.

No tentative map for a conversion project shall be received for filing unless it is accompanied by the following:

(a) A listing of tenants by name and apartment address.

(b) A schedule of rents for each unit showing any changes occurring in the previous one year period.

(c) A proposed tenant assistance plan completed in accordance with sec. 25.173.

25.173 Tenant Assistance Plan.

A tenant assistance plan must contain the following components:

(a) A statement of a method by which tenants will be assisted by the subdivider or his or her agents in finding comparable replacement rental housing within the area of the conversion.

(b) A statement of the method by which the subdivider will comply with the requirements of sec. 66427.1 of the state subdivision map act. Such method must provide that no tenant shall be required to move from his or her apartment due to the proposed conversion until the expiration of the two-month period for exercise by the tenant of his or her right of first refusal pursuant to sec. 66427.1(b) of the state subdivision map act. Said two-month period shall not commence as to any tenant until such tenant has received written notification of issuance of the final public report of the Department of Real Estate and such tenant’s right to contract for the purchase of his or her unit at a specified purchase price for 60 days following the date of such notification.

(c) A statement of a method by which the subdivider or his or her agents will reimburse each tenant for costs actually incurred in moving from the apartment due to the planned conversion to a common ownership unit, up to a maximum of two (2) times the monthly rent of the occupied unit. This reimbursement may be reduced by the value of repairing excessive or malicious damages caused by or permitted to occur by the tenant and any past due or delinquent rents.

(d) A statement of a method by which the subdivider will assure that each tenant who attends, or whose spouse or dependent child attends, school at the time that the notice of termination of tenancy (as required by sec. 66427.1 of the state subdivision map act) is given, will be granted an extension of tenancy as necessary to permit such person to complete the school year, semester, or quarter (whichever is the minimum school term) as he or she is enrolled in at such time. As used herein, “school” includes any public or private elementary or secondary school.

(e) In order to reduce the number of tenants being displaced, the subdivider shall consider incentives and inducements that would permit tenants to become owners in the condominium, community apartment or stock cooperative project. Said report shall include an analysis comparing current costs as a tenant, based on current rents, to ownership costs, a list of apartment vacancies in the same approximate rental range as the existing rental rates of the project proposed to be converted; and shall include, the area within the City of Fairfield or within a five mile radius of the project, at least a total number of available units equal to eighty percent (80%) of the number of units proposed to be converted. The subdivider shall certify that all tenants have been delivered a copy of said report within the last thirty days preceding filing of the tentative map for said conversion.

(f) No section or provision herein shall be construed to limit or prevent the developer from providing additional tenant assistance above the minimum requirements provided for by this ordinance.

25.174 Agreement for Tenant Assistance.

No tentative map shall be approved except upon the condition that a secured, written agreement satisfactory to the Community Development Director be entered into between the City and the subdivider for the benefit of each tenant, by which the subdivider covenants to carry out the terms of a tenant assistance plan, as finally approved by the City Council. Such must be secured by a bond or bonds by one or more duly authorized corporate sureties in a total amount equal to the total dollar value of all developer obligations for tenant assistance and the total amount of said bond or bonds shall be security for each and every obligation to any tenant undertaken by the subdivider in such agreement. (Ord. No. 2012-04, § 3.)

25.175 Release of Security.

(a) The security specified in sec. 25.174 shall not be released except with the consent of the Community Development Director on behalf of the City. Such consent shall be given upon proof that the conversion has been completed except for partial early releases as hereinafter authorized.

(b) Partial early releases may be granted, not more than once in each six-month period following approval of the final map, upon the submission of proof of entitlement to the Community Development Director in proportion to the number of units in which the tenants have either:

  • (i) vacated

(ii) purchased without vacating

(iii) waived their rights pursuant to sec. 25.176. (Ord. No. 2012-04, § 3.)

25.176 Special Agreements with Tenants.

The rights of a tenant pursuant to the contract executed pursuant to sec. 25.174 shall not apply if knowingly waived by a tenant as follows:

(a) A written agreement, signed by both the tenant and the subdivider or his or her agent, is executed by which the specifically described rights are expressly waived in return for such specifically described consideration as may be mutually agreed upon between the parties.

(b) The agreement between the subdivider and the tenant is executed subsequent to the sec. 25.174 agreement and specifically states that the tenant has read that agreement and is aware of his or her rights thereunder.

(c) A copy of the executed agreement is promptly filed with the Community Development Director. (Ord. No. 2012-04, § 3.)

25.177 Approval of Final Map: Declaration.

The findings required by sec. 66427.1 of the state subdivision map act shall not be made unless the subdivider or his or her agent files an affidavit or declaration under penalty of perjury including the following:

(a) A current listing of tenants and rents for each unit.

(b) A listing of special agreements pursuant to sec. 25.176 or a statement that no such agreements have been executed.

(c) An explanation of rent increase or vacancy factor change occurring one year prior to the filing of the tentative map, or a statement that no such increases or factor changes have occurred.

(d) A listing and explanation of any termination of tenancies for reasons other than the conversion, or a statement that no such terminations have occurred.

(e) A statement of the time and manner in which notice of the conversion was given or will be given pursuant to sec. 66427.1(a) of the state subdivision map act, and in which notice of a right of first refusal has been given or will be given pursuant to sec. 66427.1(b) of said act.

25.178 Approval of Final Map: Findings.

The findings required by sec. 66427.1 of the State Subdivision Map Act shall not be made if, based on the subdivider’s declaration and such other evidence as may be presented to the Council, the Council determines that the subdivider or his or her agents has engaged in any pattern or practice designed to avoid his or her obligations to the tenants under said section.

25.179 Tenant Identification.

Tenant listings as required under this division shall include all persons, other than dependent children, shown on any lease, rental agreement, or other evidence of rental occupancy customarily maintained for the apartment building, as an occupant for rent as of the date of filing of the tentative map or thereafter, except that no person who acquires such occupancy after approval of the final map with knowledge that his or her occupancy will be terminated because of the conversion to condominiums shall be considered a tenant for purposes of this division or any tenant assistance plan. Discharge by the subdivider or his or her agent of any obligation pursuant to this division as to any such listed tenant shall constitute discharge of such obligation to all persons concurrently residing in the same unit, unless otherwise provided in the agreement executed pursuant to sec. 25.176.

25.180 Waivers - When Permitted.

A waiver may be granted from the requirements imposed by sec. 25.171 or any combination thereof upon the following conditions:

(a) The waiver must set forth when reasonable a substitute standard to be satisfied by the subdivider which addresses the objectives of the requirement being waived.

(b) The waiver must be based upon a finding that imposition of the strict requirements of this article rather than the substitute standard of the waiver would either:

(1) Impose a financial hardship on the subdivider which would be disproportionate to any public benefit which would thereby be attained; or

(2) Preclude or unreasonably reduce the provision of significant design features or improvements, such as open space or recreational facilities, which are necessary or highly advantageous to the overall residential environment.

25.181 Procedure.

Waivers may be granted by the Planning Commission, subject to appeal by any interested person to the City Council, and subject to review and modification by the Council on its own initiative. The procedural and administrative fee requirements for a waiver shall be the same as those for a variance as set forth in Chapter 25 of this Code or applicable resolutions and five (5) dollars per each dwelling unit.

25.182 Timing.

Any application for a waiver for a common ownership project pursuant to this article, or for any variance, use permit, or other discretionary action which may be requested for such project under this code, shall be filed and decided prior to the filing of the tentative map, unless the tentative map is accompanied by a waiver of the time limitations imposed by sections 66452.1, 66452.2 and 66452.5 of the State Subdivision Map Act in order to allow for the processing of the waiver.

25.183 Declaration of Covenants, Conditions and Restrictions.

No tentative map shall be approved except upon the condition that a declaration of covenants, conditions, and restrictions be approved by the Community Development Director prior to the approval of the final map, providing for the following:

(a) The establishment of a homeowners’ association shall be provided for.

  • (b) Membership shall be mandatory for each buyer and any successive buyer.

(c) Perpetual maintenance by the associated owners, in good, sanitary and attractive condition of all common areas and improvements, including landscaped areas, walls, driveways, parking areas, trash areas, and buildings, in accordance with plans and documents on file in the office of the Community Development Director.

(d) Prohibition of the parking or storage of trailers, boats, and recreational vehicles, except in such area reserved for the storage thereof as may be provided in the plans and documents approved by the City of Fairfield.

(e) Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project.

(f) If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowner’s association with common areas for the total development.

(g) As to the above requirements, a power of enforcement to the City of Fairfield, exercisable in the discretion of the City Council, and a prohibition against any relinquishment, amendment, or deletion of such requirements without the consent of the City council. The Community Development Director shall consult with the department of real estate for the purpose of assuring that the covenants, conditions, and restrictions as finally recorded comply with the requirements of this section.

(h) The C.C. & R.s may be required, at the discretion of the Community Development Director, to include a limit on the total percentage (%) of units rented within the complex. The homeowners’ association shall be responsible for monitoring and enforcing this limit, if imposed.

(i) The homeowners’ association shall be required to contract with a professional property management company or organization. Said professional property manager shall be responsible for ensuring that the property is properly maintained, that the endowment, reserves and dues are adequate for needed repairs and maintenance, and that rentals are properly managed. (Ord. No. 2012-04, § 3.)

25.184 Rental Housing Shortage: Findings and Vacancy Factors.

(a) The Fairfield City Council hereby finds and declares that when a rental housing shortage exists, said shortage would be inconsistent with the purposes and intent of this article and with the declared goals and objectives of the city’s housing element of the general plan.

The City Council also finds that condominium conversions can exacerbate said rental housing shortages. To avoid the foregoing and to reduce the displacement of long-term residents, particularly senior citizens and low and moderate income families and families with school-age children, the City Council finds and declares it necessary and proper to regulate condominium conversions by the provisions herein for the health, safety and welfare of the general public.

(b) Vacancy Factor. The Vacancy Factor used in this section shall be the vacancy rate for the City of Fairfield identified in the most recent rent and vacancy survey of apartments conducted by the Community Development Department.

(c) The Planning Commission or City Council shall disapprove a tentative map if the Vacancy Factor is equal to or less than three (3) per cent unless specific findings are made that clearly indicate how conversion project would be consistent with the intent of this article, and with the declared goals and objectives of the city’s housing element of the general plan. If the Planning Commission or City Council relies on other factual information which indicates that the broader public interest and benefit would be best served by approving a request for conversion during the period of a rental housing shortage, those facts relied on must be stated in detail.

(d) The Planning Commission or City Council may disapprove a tentative map if the Vacancy Factor is equal to, or less than six (6) per cent, but greater than three (3) per cent, and a finding is made that the approval of said conversion would be inconsistent with the intent of this article. (Ord. No. 2012-04, § 3.)

25.185 Application Procedures - Preliminary and Final Application Required.

(a) A preliminary application signed by the landowner(s) or his authorized agent for a tentative map or waiver request, in form and manner as required by the Community Development Director, shall be submitted to the Community Development Department. Same shall be accompanied by all plans, documents, and information required by this article.

(b) Upon receipt of the preliminary application and all documents as required, the Community Development Director shall submit copies of applicable reports or documents to the fire division, building and safety division and other departments as found necessary.

(c) The Chief Building Official shall cause an inspection to be made of all buildings and structures in the existing development. An inspection report shall be prepared at or under his direction identifying all items found to be in violation of current code requirements for such buildings or structures, or found to be hazardous.

(d) The Fire Marshal shall cause an inspection to be made of said project to determine the sufficiency of fire protection systems serving said project and report on deficiencies.

(e) The Community Development Department may submit copies of such documents to other departments for their review and requirements, as set forth elsewhere in this code.

(f) The Chief Building Official or his or her designee shall review the property report submitted by applicant and may require its revision and resubmission if found inadequate in providing the required information.

Upon completion of the above stated procedures the preliminary application shall be amended by the applicant if necessary and shall be deemed final.

(g) The Community Development Department shall then schedule the final application for hearing before the Planning Commission in conformance with the time limitations imposed by this article.

(h) The Planning Commission shall approve, conditionally approve or deny said application pursuant to the provisions of this article. (Ord. No. 2012-04, § 3.)

25.186 Discretionary Approval/Disapproval.

(a) A tentative map shall be approved if it is determined that the condominium conversion project is in compliance with all provisions of the article, other applicable chapters of the Fairfield City Code and Article 7 of the State Subdivision Map Act.

(b) A tentative map may be disapproved if it is determined that the common ownership project, although otherwise in compliance with the requirements of this article or chapter and chapter 25, would nevertheless be significantly detrimental to the health, safety, or welfare of future residents of the project, or to surrounding property, or to the public generally, due to features of design or improvement of the common ownership project as proposed. No determination of disapproval shall be made pursuant to this section unless the features justifying disapproval would be caused or substantially aggravated by the conversion itself.

(c) Any determination of disapproval pursuant to this section may be made in the first instance by either the Planning Commission or the City Council. If made by the Planning Commission, such disapproval shall be appealable in the same manner as other tentative map decisions.

(d) In no case shall a tentative map be approved except upon the condition that the common ownership project be designed and improved in accordance with the plans and related documents on file with the Community Development Department and approved by the Planning Commission and/or City Council. Furthermore, in the case of a conversion project, no tentative map shall be approved except upon the additional condition that all existing areas and structures, including walls and fences, landscaping, irrigation systems, and driveways and parking areas, which are proposed for common ownership, be brought into reasonably sound and attractive condition prior to approval of the final map, or within such time period as may be set by an agreement between the City and the subdivider, secured as provided in chapter 5 of the state subdivision map act. (Ord. No. 2012-04, § 3.)

25.187 Conditions.

If a common ownership project may be modified in a manner to avoid disapproval under sec. 25.171 or 25.186, the tentative map may be approved subject to conditions requiring such modifications; provided, however, that the tentative map shall be disapproved unless the applicant signs a written waiver of the time limits set forth in Sec. 66452.1, 66452.2 and 66452.5 of the Subdivision Map Act, so as to allow such time as may be necessary for the revision of the plans and documents specified in Sec. 25.170 in accordance with such modifications prior to any action to approve or disapprove the tentative map.

25.188 Filing of Final Tentative Map Applications and Waivers.

(a) Final tentative map application and applications requests for waivers shall be processed tri-annually as provided for by paragraph (b).

(b) Within 30 days following the adoption date of this ordinance and every fourth month thereafter.

25.189 Relationship to Other Laws.

Wherever regulations or restrictions imposed by this article are either more or less restrictive than regulations or restrictions imposed by any other law, the regulations, rules or restrictions which are more restrictive, or which impose higher standards or requirements shall govern.

25.190 Severability.

This article and the various sections, subsections and clauses thereof are hereby declared to be severable. If any article, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the chapter shall not be affected thereby. If any article, sentence, paragraph, subsection or section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of the chapter to other property, buildings or structures shall not be affected thereby.

25.191 - 25.217 Reserved for future legislation.

(Ord. 2006-08, effective 7/20/06)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

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Article VI. Grading and Erosion Control.

25.237 Purpose

The purpose of this section is to safeguard life, limb, property and the public welfare by regulating grading on private property.

25.238 Scope

This section sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction.

25.239 Relationship to the EIR process.

Prior to the submittal of an application for grading permit approval, the property owner or applicant shall have complied with the requirements of the city’s regulations which implement the California Environmental Quality Act of 1970.

25.240 Permits required.

No person shall do any grading without first having obtained a grading permit from the city engineer except for the following:

  1. An excavation below finished grade for basements and footing of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.

  2. Cemetery graves.

  3. Refuse disposal sites controlled by other regulations.

  4. Excavations for wells or tunnels or utilities.

  5. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or continguous property.

  6. Exploratory excavations under the direction of soil engineers or engineering geologists.

  7. An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one-half horizontal to one vertical.

  8. A fill less than one (1) foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three (3) in depth, not intended to support structures and does not obstruct a drainage course.

  9. For excavation and removal of any earth material to an off site location which involves the hauling of earth material in excess of 50,000 cubic yards, the grading permit process shall include review by the Fairfield planning commission for compliance with the general plan, specific plan, or area wide plan, before issuance by the city engineer. (Ord. No. 86-14, § 1.)

25.241 Hazards.

Whenever the city engineer determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this section.

25.242 Definitions.

For the purpose of this section, the definitions listed hereunder shall be construed as specified as follows:

AS-GRADED is the surface conditions extent on completion of grading.

BEDROCK is in-place, solid rock.

BENCH is a relatively level step excavated into earth material on which fill is to be placed.

BORROW is earth material acquired from an off-site location for use in grading on a site.

CERTIFICATION shall mean a written engineering or geological opinion concerning the progress and completion of the work.

CITY ENGINEER shall mean the city engineer of the City of Fairfield.

CIVIL ENGINEER shall mean a professional engineer registered in the state to practice in the field of civil works.

CIVIL ENGINEERING shall mean the application of the knowledge of forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.

COMPACTION is the densification of a fill by mechanical means.

EARTH MATERIAL is any rock, natural soil or fill and/or any combination thereof.

ENGINEERING GEOLOGIST shall mean a geologist experienced and knowledgeable in engineering geology.

ENGINEERING GEOLOGY shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

EROSION is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.

EXCAVATION is the mechanical removal of earth material.

FILL is a deposit of earth material placed by artificial means.

GRADE shall mean the vertical location of the ground surface.

EXISTING GRADE is the grade prior to grading.

ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan.

FINISH GRADE is the final grade of the site which conforms to the approved plan.

GRADING is any excavating or filling or combination thereof.

KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

SOIL is naturally occurring surficial deposits, overlaying bedrock.

SOIL ENGINEER shall mean a civil engineer experienced and knowledgeable in the practice of soil engineering.

SOIL ENGINEERING shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

25.243 Gradinq permit requirements.

(a) Permits required. Except as exempted in sec. 4 [sec. 25.240] of this article, no person shall do any grading without first obtaining a grading permit from the city engineer. A separate permit shall be required for each site and may cover both excavations and fills.

(b) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished for that purpose. Every such application shall:

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

  • (3) Indicate the quantities of work involved;

  • (4) State the valuation of the proposed work;

  • (5) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

  • (6) Give such other information as reasonably may be required by the city engineer.

(c) Plans and specifications. When required by the city engineer, each application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the city engineer.

(d) Information on plans and in specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this section and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information:

  • (1) General vicinity of the proposed site;

  • (2) Property limits and accurate contours of existing ground and details of terrain and area drainage;

(3) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

(4) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.

(5) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property which may be affected by the proposed grading operations.

(6) An erosion, sediment, and runoff control plan which indicates necessary land treatment, structural measures and timing requirements which will effectively minimize soil erosion, sedimentation, and rate of water runoff.

Specifications shall contain information covering construction and material requirements.

(e) Soil engineering report. The soil engineering report required by subsection (c) shall include the following:

  • (1) Description of the site topography, drainage, and vegetation patterns.

  • (2) Classification of the site soils and rocks, including subsurface cross-sections when appropriate.

(3) Sufficient borings, test pits, exploratory trenches, soil sampling and field and laboratory testing to determine geotechnical properties affecting structures and grading including:

  • a. in-situ dry density and moisture content

  • b. soil strength characteristics

  • c. expansion potential for soils within 5 feet of finish grade

  • d. compaction of existing fills

  • e. permeability, when applicable

  • f. R-values for areas to be paved

  • g. resistivity and ph levels where buried metal pipes or piles are anticipated

  • h. consolidation of:

  • clay and compressible soils

  • fills and receiving areas

  • landslide deposits to be left in place

  • (4) Findings, recommendations, mitigation measures and design criteria for:

  • a. suitability of earth materials:

  • replacement, reworking and blending requirements of existing materials

  • specifications for imported fill

  • b. slope stability

  • c. bearing values and foundation design

  • d. short/long term settlement potential including hydrocompression potential

  • e. lateral loading factors and retaining wall design criteria

  • f. landslide repair details

  • g. surface and subsurface drainage details (subdrain design details)

  • h. clearing and grubbing and grading specifications

  • i. erosion control measures

  • j. pavement section design criteria (rigid and flexible pavements)

  • k. other design considerations identified by the geotechnical engineer

  • l. items to be observed during construction

(5) Description of the seismic site response to a level of sophistication commensurate with the importance of the structure and criteria needed for structural analysis and design.

(6) A statement of suitability of the site from a geotechnical perspective for the intended use.

  • (7) Recommendation of supplemental geologic/geotechnical studies if warranted.

  • (8) A reference bibliography

  • (9) A plan of the project area showing:

  • a. existing topography

  • b. delineation of:

  • important geologic features

  • fault traces

  • landslides and areas of instability

  • creeks, canals or drainage channels

  • springs and subsurface water

  • existing and proposed improvements

  • boring, test pit and trench locations

  • (10) Logs of subsurface explorations

(11) Tables, figures and details necessary to present field information, test data, findings and design recommendations in a clear and understandable format.

Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans and specifications.

(f) Engineering geology report. The engineering geology report required by subsection (c) shall include the following:

  • (1) Description of the site geology and geologic structure (including geologic map and cross-sections).

  • (2) Identification of the locations and limits of active and dormant landslides.

  • (3) Discussion of the geomorphology, as applicable.

(4) Identification of the faults, seismicity, ground shaking, liquefaction, lateral spreading, lurch cracking, and settlement hazards.

  • (5) Identification of any other geologic hazards.

(6) Conclusions and recommendations about the effect of geologic conditions on the project, including an assessment of the suitability of the site for the project.

Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans and specifications.

(g) Geotechnical peer review criteria. The following criteria will be used by the City of Fairfield to establish whether or not a geotechnical peer review will be required for a project:

(1) Landslides: Development areas where active or dormant landslides have been identified, or are likely to be present.

(2) Fault Zones: Development areas located within Alquist-Priolo Earthquake Fault Zones or where geotechnical review indicates a probability of faulting or surface rupture.

(3) Hillside Developments: Development areas where slopes steeper than 7h:lv exist or are proposed within or directly adjacent to the project area.

(4) Substantial Grading: Development areas where substantial grading for access roads, utilities or building pads is proposed. Cuts or fills in excess of 5 feet shall constitute substantial grading.

(5) Creekside Development: Development areas with proposed building setbacks less than 200 feet from existing or proposed creeks, canals or drainage channels.

(6) Natural Springs: Development areas where natural springs, water seepage, or vegetation patterns suggest a high groundwater table that could affect ground stability, structures, or construction.

(7) Geologic Hazards: Development areas where potentially adverse geologic conditions exist such as old fill, liquefaction, lateral spreading or lurch cracking.

(8) Essential Facilities: Public buildings and improvements, as determined by the Public Works Director, to be essential facilities. Essential facilities include, but are not necessarily limited to, the following:

  • Hospitals and health care facilities

  • Fire stations and police stations

  • Communication Centers

  • Emergency Operation Centers

  • Jails and Detention Centers

  • Water and Wastewater Treatment Facilities

  • Dams and reservoirs

  • Pump stations

  • Storm water detention/retention basins

(9) Isolated Developments: Residential developments serving more than 100 units with only one vehicular access or only one point of connection to the public water system.

(h) Issuance. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather generated problems not considered at the time permit was issued.

(Ord. No. 95-20 § 1.)

25.244 Fees.

The following fees shall be collected by the city engineer prior to the issuance of a grading permit:

(a) Plan-checking fee. For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the city engineer shall collect a planchecking fee. Separate plan checking fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this section. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the planchecking fee for grading plans shall be as set forth in Table No. 70-A of the current edition of the Uniform Building Code adopted by the City of Fairfield.

The fee for plan checking authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original plan checking and the fee shown for the entire project.

(b) Grading permit fees. A fee for each grading permit shall be paid to the city engineer prior to commencement of grading as set forth in Table No. 70-B of the current edition of the Uniform Building Code adopted by the City of Fairfield. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this section. There shall be no separate charge for standard terrace drains and similar facilities.

The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. (Ord. No. 95-20, § 2.)

25.245 Bonds.

The city engineer may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.

In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the city engineer in an amount equal to that which would be required in the surety bond.

25.246 Grading.

Any grading to be performed within the project boundaries shall take into account the environmental characteristics of that property, including but not limited to prominent geological features, existing stream beds and significant tree cover, and is designed in keeping with the best engineering practices to avoid erosion, slides or flooding, to have as minimal an effect on said environment as possible.

All cuts, fills, drainage and terracing shall conform to the standard specifications of the city.

25.247 Erosion control.

(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. If planting is required by the city engineer or as a condition of approval of the tentative map, the planting plan shall be approved by the city’s architectural approval committee. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosionresistant character of the materials, such protection may be omitted.

(b) Other devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety.

(c) The following basic design principles and standards shall serve as minimum guidelines to control erosion and reduce sedimentation:

(1) Stripping or burning of vegetation, grading, or other soil disturbance shall be done in a manner which will minimize soil erosion.

(2) Existing natural vegetation shall be retained, protected, and supplemented where necessary. Site development shall be accomplished so that existing trees can be preserved whenever possible and practical.

(3) Exposure of soil to erosion by removal of vegetation shall be limited to the smallest area practical and for the shortest time practical. Soil exposure shall not exceed an area in which development can be completed during a single construction season to ensure that soils are stabilized and vegetation is established well in advance of the rainy season (October 15 - April 15).

(4) Facilities shall be constructed to retain sediment produced on site.

(5) Sediment basins, sediment traps, diversions or similar required measures shall be installed well in advance of any clearing or grading, and maintained through any such operations until removal is authorized by the city engineer.

(6) Temporary seeding, mulching, or other suitable stabilization measures shall be used to protect exposed erodible areas during development and advance of the rainy season (October 15 - April 15).

(7) Permanent control structures and final vegetation should be installed as soon as practical in the development, and a longrange maintenance plan developed and adhered to.

(8) Provisions shall be made to accommodate the increased runoff caused by altered soil surface conditions during and after development.

(9) Surface runoff rates in excess of predevelopment levels shall be retarded where needed by appropriate structural and vegetative measures.

(10) Slopes, both cut and fill, shall not be steeper than two horizontal to one vertical (2:1), unless a thorough geological and engineering analysis indicates that steeper slopes are safe and appropriate erosion control measures are specified.

(11) Cuts and fills shall not encroach upon natural water courses, their flood plains, or constructed channels in a manner so as to adversely affect other properties.

(12) Disposal of cleared vegetation and excavated materials shall be done in a manner which reduces the risk of erosion and shall strictly conform to the provisions of the approved grading permit. Topsoil shall be conserved for reuse in revegetation of disturbed areas whenever possible.

(13) Proposed development and roadway alignments should be fitted to the topography and soils to minimize erosion.

(14) Waterways shall be designed to avoid erosion as much as practical. Wide channels should be constructed with flat slopes, and the channel and slopes should be lined with grassor other appropriate vegetation. Every effort must be made to preserve natural channels and drainage ways. (Ord. No. 80-31, § 2.)

(15) Runoff shall be diverted away from denuded slopes or other critical areas with barriers or ditches.

(16) Construction access routes should be limited and access points should be stabilized.

(17) Clearing limits, easements, setbacks, sensitive or critical areas and their buffers, trees and drainage courses shall be delineated by marking them in the field.

(18) A contingency plan shall be prepared in the event of unexpected rain or BMP failure including, but not limited to, an immediate response plan, storing extra or alternative control materials on-site, notifying the local agency, etc.

For specific information on erosion and sediment control measures, refer to the latest edition of the Manual of Standards for Erosion & Sediment Control Measures developed by the Association of Bay Area Governments.

25.248 Grading inspection.

(a) General. All grading operations for which a permit is required shall be subject to inspection by the city engineer. When required by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of subsection 12(c) [subsection (c) of this section].

(b) Grading designation. All grading in excess of 5000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading.” Grading involving less than 5000 cubic yards shall be designated “regular grading", unless the permittee, with the approval of the city engineer, chooses to have the grading performed as “engineered grading.”

(c) Engineered grading requirements. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and certification of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and certification as to the

establishment of line, grade and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the city engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work.

Soil engineering and engineering geology reports shall be required as specified in sec. 7 [sec. 25.243]. During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soil engineer and the engineering geologist.

The soil engineer’s area of responsibility shall include, but need not be limited to, the professional inspection and certification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.

The engineering geologist’s area of responsibility shall include, but need not be limited to, professional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other ground water drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis.

The city engineer shall inspect the project at the various stages of the work requiring certification and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

(d) Regular grading requirements. The city engineer may require inspection and testing by an approved testing agency.

The testing agency’s responsibility shall include, but need not be limited to, certification concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.

When the city engineer has cause to believe that geologic factors may be involved, the grading operation will be required to conform to “engineered grading” requirements.

(e) Notification of noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the soil engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this section or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the city engineer. Recommendations for corrective measures, if necessary, shall be submitted. No changes to the approved grading plans shall be made without review and approval by the city engineer. (Ord. No. 95-20, § 4.)

(f) Transfer of responsibility for certification. If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification upon completion of the work.

25.249 Completion of work.

(a) Final reports. Upon completion of the rough grading work and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:

(1) An as-graded grading plan prepared by the civil engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan.

(2) A soil grading report prepared by the soil engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading, and their effect on the recommendations made in the soil engineering investigation report. The soil engineer shall provide certification as to the adequacy of the site for the intended use.

(3) A geologic grading report prepared by the engineering geologist including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. The engineering geologist shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors.

(b) Notification of completion. The permittee or the permittee’s agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion control measures have been completed in accordance with the final approved grading plan and the required reports have been submitted.

25.250 Runoff Control.

The city engineer may require a surface water runoff control plan. The runoff control plan shall calculate runoff from the site under natural conditions, and shall estimate runoff after development using city drainage design standards. The runoff control plan shall demonstrate that such peak runoff from the site will not increase after development, and shall include all necessary measures to ensure this result to the satisfaction of the city engineer. (Ord. No. 80-31, § 3.)

25.251 Repeal.

It is not the intent of the city council that the adoption of this ordinance is to repeal chapter 70 of the uniform building code as adopted in Ordinance No. 73-21. This ordinance is to be used in consort with chapter 70 of the uniform building code.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2548.html

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Article VII.

School Facilities Fee/Dedication Ordinance

Division 1.

In General

25.301 Title.

This article shall be known and may be cited as the “School Facilities Fee/Dedication Ordinance.”

25.302 Authority.

This article is adopted pursuant to the provisions of chapter 4.7 (commencing with § 65970) of division 1 of title 7 of the government code.

25.303 Purpose.

The purpose of this article is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

25.304 Regulations.

The city council may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this article.

25.305 General plan.

The City of Fairfield general plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder, or both, they shall be consistent with the general plan.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2549.html

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Division 2. Definitions

25.401 Conditions of overcrowding.

"Conditions of overcrowding” means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school within the attendance area, as determined by the governing body of the school district.

25.402 Decision-making body.

"Decision-making body” means the city council, or their designee.

25.403 Dwelling unit.

"Dwelling unit” means a building or portion thereof, or a mobilehome, designed for residential occupation by one person or group of two or more persons living together as a domestic unit.

25.404 Reasonable methods for mitigating conditions of overcrowding.

"Reasonable methods for mitigating conditions of overcrowding” shall include, but are not limited to, concepts such as:

(a) Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;

(b) The use of relocatable structures, student transportation, and school boundary realignments;

(c) The use of available bond or state loan revenues to the extent authorized by law;

(d) The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the governing body of affected school districts;

(e) Agreements between a subdivider or other developer of residential developments in the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used.

25.405 Residential development.

"Residential development” means a project containing residential dwellings, including mobilehomes, of one or more units, or a division of land for the purpose of constructing one or more residential units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, or any other discretionary permit for new residential use.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2550.html

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Division 3. Overcrowding Attendance Area

25.501 Findings and notice.

Pursuant to government code § 65970, et seq., the governing body of a school district may make a finding supported by clear and convincing evidence that:

(a) Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reason for such conditions existing;

(b) All reasonable methods of mitigating conditions of overcrowding have been evaluated;

(c) No feasible method for reducing such conditions exist. Upon making these findings, the school district must provide the city with written notice of its findings as provided in sec. 25.502.

25.502 Findings - Requirement.

Any notice of findings sent by a school district to the city shall specify:

(a) The findings listed in sec. 25.501;

(b) Findings of fact and a summary of the evidence upon which the findings in sec. 25.501 were based;

(c) The mitigation measures and methods, including those listed in sec. 25.404, considered by the school district in any determination made concerning them by the district.

(d) The precise geographic boundaries of the overcrowded attendance area or areas;

(e) Such other information as may be required by a council regulation.

25.503 Concurrence by city.

After receipt of any notice of findings complying with the requirements of sec. 25.502, the council, if it concurs with such school district findings, shall do so by resolution. Such concurrence or any other disposition of the school district’s request shall be an exercise of the legislative power of the council.

25.504 Findings for development approval.

Within an attendance area, where the council has concurred in a school district’s notice of finding that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area,

unless such decision-making body makes one of the following findings:

(a) That pursuant to this ordinance, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or

(b) That there are specific, overriding physical, economic, social, or environmental factors, which, in the judgment of the decision-making body, would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this ordinance without requiring the payment of fees or the dedication of land or other alternate provision required by division 4 of this article.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2551.html

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Division 4. Requirements, Standards and Procedures

25.601 Payment of fees, dedication of land.

In an attendance area where the council has concurred as provided in division 3 that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, or do a combination thereof unless excepted as provided in sec. 25.504, subsection (b), as determined by the decision-making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdictions. Prior to the imposition of the fees, or the dedication of land, or both, it shall be necessary for the decision-making body acting on the application to make the following determination: That the facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated, or both, are consistent with the general plan.

25.602 Payment of fees in small residential developments.

Only the payment of fees shall be required in subdivisions containing 50 parcels, or less, or other developments containing 50 units, or less.

25.603 Standards for fees or land.

Any requirement imposed pursuant to this ordinance shall bear reasonable relationship and will be limited to the needs of the community for interim, elementary, or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the development.

25.604 Amount of fees or land.

(a) When fees are required by this division to be paid in lieu of land dedication or as a combination, or both, such fees shall be, and paid as follows:

(1) One bedroom $O; two bedrooms $300; three bedrooms $500, four bedrooms $600; five or more bedrooms $800. Any room designed for sleeping which has a closet is a bedroom for the purposes of this article.

(2) $300 for each dwelling unit, space, or lot in a mobilehome park.

(b) The total land area required by this article to be dedicated shall be at least equal in monetary value as to the fees which would be otherwise required by sec. 25.604(a). The director of public works shall determine and establish the monetary value of land area for the purposes of this division.

(c) On July 1, 1979, and each July 1st thereafter, the fees in subsection (a) shall automatically increase or decrease from the amounts then applicable as the percentage of increase or decrease in the construction cost index for the preceding June 1 - May 30 period as shown by the engineering news record’s San Francisco area construction cost index.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users

should contact the City Clerk for ordinances d b t t th di it d

Fairfield2552.html

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Division 5. Fee Payment on Land Dedication

25.701 Fee required.

If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued. Fees shall be held in trust by the city until transferred to the affected school district or districts.

25.702 Land dedication.

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city subdivision ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the city.

25.703 Refunds.

(a) If a final subdivision map, a parcel map, or conditional use permit is vacated or voided, and the city still retains the land, and if the applicant so requests, the council shall order such land returned.

(b) If a residential development approval is vacated or voided, and if the city still retains the fees collected therefor, and if the applicant so requests, the council shall order the fees returned to the applicant.

(c) In the event that the building for which a fee has been paid is not under construction within 180 days of issuance of the building permit, or in the event construction stops for 180 days, the fee paid shall lapse and the full amount of the fee in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed fee, but shall

grant a credit on such fee in the amount of the previously paid fee, unless a refund has been made pursuant to subsection (b). (Ord. No. 83-28, § 4.)

25.704 School district schedule.

Following concurrence by the council, pursuant to sec. 25.503, the director of planning and development shall notify each school district affected thereby. The governing body of the school district shall then submit a schedule specifying how it will use the fees or land, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities to be made available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for the modifications.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users

should contact the City Clerk for ordinances d b t t th di it d

Fairfield2553.html

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Division 6.

Uses and Limitations of Uses of Fees and Lands

25.801 Use of fees and lands.

All fees or land, or both, collected pursuant to this article and transferred to a school district, shall be used only by the district for the purpose of providing interim elementary or high school classroom and related facilities.

25.802 Agreement for fee distribution.

If two separate school districts operate schools in an attendance area where the council concurs that overcrowding conditions exist for both school districts, the council will enter into an agreement with the governing body of each school district for the purpose of determining the division of revenues from the fees levied pursuant to this article.

25.803 Account.

Any school district receiving funds or land pursuant to this article shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the council on the balance and account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed August 1 of each year, and shall be filed more frequently at the request of the council.

25.804 Termination of dedication or fee requirements.

When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area, decisionmaking bodies shall cease imposition of any requirements under this chapter. (Ord. No. 78-32, § 1.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2554.html

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Article VIII. Creekside Protection Plan

25.900 Purpose.

It is the purpose of this article to provide for the maintenance, restoration, protection and enhancement of streams and riparian zones in a manner compatible with the character of the adjoining property, and in a manner which prevents significant adverse environmental impacts to the Suisun Marsh.

25.901 Applicability

(a) The streams addressed in this article are: Jameson Canyon Creek (subsection a), American Canyon Creek (subsection a), Green Valley Creek (upstream from Interstate 80: subsection a; downstream from Interstate 80: subsection b), Suisun Creek (subsection a), Ledgewood Creek upstream from I-80 (subsection a), Dan Wilson Creek (subsection c), and Laurel Creek above Paradise Valley Drive (subsection b) in the City of Fairfield.

(b) The provisions of this Article shall not apply to any property which was in compliance with Ordinance No. 80-32 on April 16, 1992. A property owner may demonstrate compliance with Ordinance No. 80-32 through an approved tentative map which has not expired, a recorded final subdivision map, a recorded parcel map, preliminary or final architectural approval, a development agreement which remains in effect, planned development zoning, a recorded easement, or other means acceptable to the City Engineer.

25.902 Definitions

a. Stream bed. The bottom surface of a stream or watercourse.

b. Stream bank. The land at the edge of the stream bed.

c. Stream Environment Zone. A strip of land to be dedicated to the City which includes at a minimum the stream bed, stream banks, the riparian zone (see definition below), and any additional land as required in this Article.

d. Stream Restoration Plan. A stream restoration plan is a comprehensive plan for the restoration of the stream environment. The plan may require revegetation, removal of exotic vegetation, flood improvements, stream bank and stream bed stabilization, erosion control, public access, recreation, and aesthetic improvements. A stream enhancement plan (see definition below) may be an element of a stream restoration plan.

e. Stream Enhancement Plan. A plan which increases the value of the stream environment’s aesthetic, flood control, biological, erosion control, and/or recreational capacities.

f. Riparian Zone. The zone where is found the native vegetation which lives along stream banks.

25.903 Creekside regulation.

(a) The following provisions shall apply to Jameson Canyon Creek, American Canyon Creek, Green Valley Creek upstream from Interstate 80, Suisun Creek, Ledgewood Creek upstream from Interstate 80 within the City of Fairfield.

(1) The City shall require dedication at the time of a request for any land use, development, subdivision, PUD, or building permit approval, of a stream environment zone at least 200 feet wide in its natural or existing state, which shall include the stream bed, the stream banks, and a riparian zone at least 50 feet wide, measured from the top of the channel bank. The exact width will depend on the particular stream environment.

(2) The streambed and streambanks shall not be filled, graded, excavated, or obstructed by any development, construction, or activity associated with such development, nor shall vegetation in the streambed or on the streambanks be cut or removed, except for the following circumstances:

A. Placement of City-approved storm drain and irrigation outflows. Such outflows and the associated drainage facilities shall be designed so as to eliminate or minimize increases in the rate and amount of storm water discharge.

B. Placement of public and non-public utility lines.

C. Construction of bridges and their connecting roadways.

D. Restoration, enhancement, or maintenance necessary to prevent flooding, reduce siltation, or otherwise provide for the public health and safety.

E. Work identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). Any alteration shall be the minimum amount necessary to achieve the purpose of the project.

All work must be approved by the City Engineer. Any alteration shall be the minimum amount necessary to achieve the purpose of the project. Such minor improvements shall follow the standards established in subsection (a) (4).

(3) The riparian zone determined under subsection (a) (1) shall not be filled, graded, excavated, or obstructed, nor shall vegetation in the riparian zone be cut or removed, except for the following circumstances:

A. Construction of facilities for low intensity, passive recreation, or conservation uses (e.g., pedestrian and bicycle trails and paths, and foot bridges) approved by the City Engineer

B. Minor restoration and maintenance activity, including removal of debris when necessary to protect the public health and safety, or minor weed abatement activity necessary to protect life or property, or other activities described in subsection (a) (2).

Such minor improvements shall follow the standards established in subsection (a) (4).

(4) All work within stream environment zones shall be kept to the minimum amount necessary to accomplish the goals of this Article. Erosion in excess of natural levels shall be prevented and riparian vegetation shall be protected utilizing the following basic standards:

A. Removal of riparian vegetation shall be limited to the minimum amount necessary.

B. Development work shall be accomplished between April 15 and October 15. When necessary, extensions of this time period may be granted by the City Engineer on a case-by-case basis.

C. Disturbed areas shall be revegetated by October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-by-case basis.

D. Where needed to prevent erosion, exposed soil surfaces shall be hydromulched or stabilized by other erosion control measures prior to October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-bycase basis.

E. Special care shall be taken to avoid removal of vegetation immediately adjacent to the stream banks.

F. Any revegetation program shall use indigenous plants approved by the Department of Fish and Game.

(5) The City Engineer may allow alteration of the stream channel and riparian zone as an exception to subsections (a) (2), and (a) (3) consistent with a riparian enhancement or restoration plan and program approved by the California Department of Fish and Game and the San Francisco Bay Conservation and Development Commission. Preparation of the plan and program shall conform to the following standards:

A. The plan shall be prepared by a qualified person(s) experienced in the development and implementation of riparian restoration and enhancement plans.

B. Prior to plan development, the existing conditions and resources to be preserved and protected shall be documented.

C. The plan shall clearly identify the goals of the enhancement plan, focusing on vegetation, fishery, wildlife, and channel stability issues. The goals may include flood hazard reduction and public access and passive recreation.

D. The final plans and specifications shall include vegetation, site preparation, exotic species removal, site grading, erosion control, channel stabilization, preservation methods, fishery enhancement, and revegetation.

E. The plan shall specify a construction and five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the project goals and performance standards are met. The monitoring program shall include provision for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the property owner and subject to approval by the City Engineer, the Director of the Department of Planning and Development, the Department of Fish and Game, and the San Francisco Bay Conservation and Development Commission, shall document the success of the restoration plan. If the plan is not successful, an additional period of correction and monitoring shall be specified.

F. The plan shall specify an ongoing management program to ensure the long-term success of the project. The management program shall specify maintenance requirements and the responsibility for implementation and funding.

(b) The following provisions shall apply to Green Valley Creek downstream from Interstate 80, and Laurel Creek upstream from Paradise Valley Drive within the City of Fairfield.

(1) The City shall require dedication at the time of a request for any land use, development, PUD, subdivision, or building permit approval a stream environment zone in its natural state which includes the riparian zone and is at least 50 feet wide or wider on each side of the creek measured from the top of the bank. The exact width will depend on the particular streamside habitat.

(2) The streambed and streambanks shall not be filled, graded, excavated, or obstructed by any development, construction, or activity associated with such development, nor shall vegetation in the streambed or on the streambanks be cut or removed, except for the following circumstances:

A. Placement of City-approved storm drain and irrigation outflows. Such outflows and the associated drainage facilities shall be designed so as to eliminate or minimize increases in the rate and amount of storm water discharge.

B. Placement of public and non-public utility lines.

C. Construction of bridges and connecting roadways.

D. Restoration, enhancement, or maintenance necessary to prevent flooding, reduce siltation, or otherwise provide for the public health and safety.

E. Work identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). Any alteration shall be the minimum amount necessary to achieve the purpose of the project.

All work must be approved by the City Engineer. Any alteration shall be the minimum amount necessary to achieve the purpose of the project. Such minor improvements shall follow the standards established in subsection (a) (4).

(3) The riparian zone determined under subsection (b) (1) shall not be filled, graded, excavated, or obstructed, nor shall vegetation in the riparian zone be cut or removed, except for the following circumstances:

A. Construction of facilities for low intensity, passive recreation, or conservation uses (e.g., pedestrian and bicycle trails and paths, and foot bridges) approved by the City Engineer.

B. Minor restoration and maintenance activities, including removal of debris when necessary to protect the public health and safety, minor weed abatement activity necessary to protect life or property, or other activities described in subsection (b) (2).

C. Work identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). Any alteration shall be the minimum amount necessary to achieve the purpose of the project.

Such minor improvements shall follow the standards established in subsection (b) (4).

(4) Erosion in excess of natural levels shall be prevented and riparian vegetation shall be protected utilizing the following basic standards:

A. Removal of riparian vegetation shall be limited to the minimum amount necessary except for exotic or other vegetation identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). If it is determined necessary by the California Department of Fish and Game, any revegetation program carried out as part of such restoration and maintenance shall use indigenous plants approved by the department.

B. Development work shall be accomplished between April 15 and October 15. When necessary, extensions of this time period may be granted by the City Engineer on a case-by-case basis.

C. Disturbed areas shall be revegetated by October 15. When necessary, extensions of the deadline may be granted by the City Engineer on a case-by-case basis.

D. Where needed to prevent erosion, exposed soil surfaces shall be hydromulched or stabilized by other erosion control measures prior to October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-bycase basis.

E. Special care shall be taken to avoid removal of vegetation immediately adjacent to the stream banks.

F. Any revegetation program shall use indigenous plants approved by the Department of Fish and Game.

(5) The City shall require landscaping in the riparian zone pursuant to a riparian enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5).

(c) The following development and maintenance policies shall apply to Dan Wilson Creek within the City of Fairfield.

(1) No development which substantially diverts or obstructs the natural flow or substantially changes the bed, channel or bank of the creek, or uses any material from the streambeds shall occur except pursuant to Fish and Game Code § 1601 or 1603. Such development shall be limited to flood control projects. Sedimentation basins shall not be permitted in the stream channel. Any such development shall be designed to minimize erosion and sedimentation.

(2) Development adjacent to the creek shall be designed wherever possible to minimize erosion, sedimentation, or runoff, and to maintain the natural streamside vegetation. If it is determined necessary by the California Department of Fish and Game, any revegetation program carried out in this area shall use indigenous plants approved by the department.

(3) Except as provided in subsection (c) (1), within the stream bed the provisions of subsections (a) (2), (a) (3), and (a) (4) shall apply, except for inlets and outfalls for flood and sedimentation retention basins. (Ord. No. 92-5, § 2.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2555.html

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Article IX. Sign Ordinance

SECTION 25.1300

SIGNS

Sections: 25.1301 Purpose 25.1302 Applicability 25.1303 Sign Approvals - 25.1304 Regulations for On Site Signs - 25.1305 Requirement for Sign to Disclose Public Facilities and Multi family HousingySites 25.1306 Exceptions 25.1307 Sign Polices Adopted By Resolution

25.1308 Special Sign Districts 25.1309 Prohibited Signs 25.1310 Measurement of Sign Area and Height

25.1311 Nonconforming Signs 25.1312 Inventory and Abatement 25.1313 Defnitions

25.1301 Purpose

The City has a governmental interest in establishing uniform sign regulations in order to:

A. Safeguard the life, health, property and public welfare by regulating the design, location, construction and maintenance of signs in the City of Fairfield, and to reduce possible traffic and safety hazards by prohibiting signs that are distracting to motorists;

B. Support and promote viable businesses by allowing signs that provide adequate identification, are of high quality design, and appropriate scale and visibility;

C. Allow signs that compliment the scale, architectural style, and physical character of the buildings and uses in the development project;

D. Preserve and enhance the quality of the built environment in the city by reducing the visual blight and clutter of unsightly signs, and to enhance the City’s ability to attract sources of high quality economic development and growth;

E. Preserve and protect public and private investment in buildings and property;

F. Allow the use of commercial signs to identify the business to which the sign relates, rather than for general advertising purposes; and

G. Enable the fair and consistent application and enforcement of the regulations of this Section.

25.1302 Applicability

This Section applies to signs erected, placed, or maintained outdoors, or signs placed inside a building if the sign is placed within three feet of an exterior window and visible from outside the building. The following are exempt from this Article:

A. Noncommercial holiday decorations, signs on products or product containers, public information and safety signs, historical markers, signs required by local, state or federal law, and noncommercial messages placed on lawful signs.

B. Off-site advertising signs for which a relocation agreement is entered into by the City and the owner of the off-site advertising sign in connection with an eminent domain proceeding, consistent with California Business and Professions Code Section 5412; provided, that:

  1. The relocation of the sign does not result in a net increase in the total number of off-site advertising sign faces in the City; and

  2. The relocated sign is not within 500 linear feet of a residential zoning district; and

  3. If the relocated sign is an electronic message board, (a) the relocation of the sign results in a net reduction in the total number of off-site advertising sign faces in the City, and (b) the relocated sign is not within 2,500 linear feet of another electronic message board.

  4. Prior to execution of a relocation agreement, the owner of the off-site advertising sign must provide the City with satisfactory evidence of the right to use the new site for the relocated sign(s). Relocation agreements shall be reviewed and approved by the City Council. (Ord. No. 2020-06, § 7.)

25.1303 Sign Approvals

Any person desiring to erect or place a sign or other improvement regulated by this Section in the City of Fairfield shall first obtain any necessary clearance or sign permit(s) to do so, in compliance with this Section. All requests for approval shall be accompanied by the drawings and information necessary to demonstrate compliance with the applicable regulations of this Section. Where required, applications shall be filed with the Department of Planning and Development on a form prescribed by the Director. The application shall be accompanied by any drawings, plans, fees, and other information required by the Director.

A. Required Sign Approvals. Table 25.13-1 (Sign Approval Requirements) lists signs or other improvements that are regulated by this Section and specifies the requirements for approval. A Zoning Clearance, Sign Permit, or Sign Program may be required, as described below. Certain types of signs or improvements are regulated by this Section, but do not require approval (indicated as “No Review Required” in Table 25.13-1). Although no permit is necessary, compliance with the applicable regulations of this Section is required.

  1. Zoning Clearance. A Zoning Clearance is required for items that are routine in nature and the review is based on specific regulations that require little or no subjective judgment. Action on a Zoning Clearance item is “ministerial” or non-discretionary.

Requests that comply with the applicable regulations shall be approved; while those requests that do not comply shall be denied by the Director. No public notice is required, and the decision is not subject to appeal unless the request for Zoning Clearance also includes a request for Minor Exception as defined in Section 1306.

  1. Sign Permit. Sign Permit Applications are required for signs or improvements that typically require an interpretation to determine compliance with regulations of this Section. No public notice is required, but the action may be appealed in accordance with Section 25.405 of the zoning ordinance.

  2. Sign Program. Sign Program approval is required for all new non-residential projects comprised of more than three tenant spaces. However, a Sign Program can be approved on any commercial project containing more than one tenant space. The purpose is to ensure that all signs are coordinated with the project architecture, and that they have design features consistent with other signs in the project. A Sign Program shall illustrate the design of all permanent signs within a project. It shall specify the design details including the number and precise placement of freestanding and building signs, the type of construction or type of sign cabinets to be used, illumination, colors, and letter size and font. All new signs within a project shall be consistent with the approved Sign Program.

roject. A Sign Program shall illustrate the design of all permanent signs within a project. It shall specify the design details including the number and precise placement of freestanding and building signs, the type of construction or type of sign cabinets to be used, illumination, colors, and letter size and font. All new signs within a project shall be consistent with the approved Sign Program.

Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements
Required Approval or Permit Applicable
Type of Sign No
Review
Required
Zoning
Clearance
Sign
Permit
Sign
Program
Sections
& Notes
Banners-Permanent or
Seasonal
X 25.1304 C
Banners-Temporary or
Promotional
X 25.1304.C
Bus Shelter Signs X 25.1304 C
Construction Signs X 25.1304 C
Director and Directorial Sign X Table
25.13-2
Electronic Message Board X
Flags, Commercial X 25.1304 C
Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements
--- --- --- --- --- ---
Required Approval or Permit Applicable
Type of Sign No
Review
Required
Zoning
Clearance
Sign
Permit
Sign
Program
Sections
& Notes
Freeway Freestanding Sign X Table
25.13-2
Freestanding Sign (incl.
Monument sign)
X Table
25.13-2
Identifcation Sign for Subdiv.
Or Industrial Park
X Table
25.13-2
Infatable Sign X 25.1304 C
Multifamily Site Disclosure
Signs
X 25.1305
Political Signs X 25.1304 C
Public Directory Signs X
Real Estate Signs X - 25.1304 C
Theater Marquee Sign X - Table
25.13-2
Under Canopy Sign X Table
25.13-2
Temporary Signs for Special
Events
X 25.1304 C
Seasonal Decorations X 25.1304 C
Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements
--- --- --- --- --- ---
Required Approval or Permit Applicable
Type of Sign No
Review
Required
Zoning
Clearance
Sign
Permit
Sign
Program
Sections
& Notes
Streamers (open lot sales
only)
X 25.1304 C
Subdivision Sales Signs-On-
site
X - 25.1304 C
Subdivision Sales Signs-Of-
site
X
Restaurant Menu/Order
Board (@drive-thru lane)
X - Table
25.13-2
Wall Signs
… promotional sign cabinet X - Table
25.13-2
… sign face change (can
sign only)
X - 25.1304 A
… new sign in project with
3 or fewer tenants
X - Table
25.13-2
… new sign in projects with
more than 3 tenants
X X Table
25.13-2
… freeway wall sign X Table
25.13-2
… single family dwelling
sign, name and address
X Table
25.13-2
Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements Table 25.13-1: Sign Approval Requirements
--- --- --- --- --- ---
Required Approval or Permit Applicable
Type of Sign No
Review
Required
Zoning
Clearance
Sign
Permit
Sign
Program
Sections
& Notes
Warning Signs X 25.1304 C
Window Signs X X 25.1304 C

B. Director approval required. The Director is authorized to approve, conditionally approve, or deny Zoning Clearances, Sign Permits, and Sign Programs, except when Planning Commission action is specified in paragraph 25.1303 C. below, or when a referral to the Planning Commission is made in accordance with Section 25.402.010, B. of the zoning ordinance. Any application for Zoning Clearance, Sign Permit or Sign Program approval requiring action by the Director shall be acted upon within 30 days of submittal.

C. Planning Commission approval required. The Planning Commission shall hold a Public Hearing as specified in the zoning ordinance, review the application based on the criteria of this Article, and take action under the following circumstances:

  1. The sign(s) does not conform with an established design policy adopted by the Planning Commission or City Council in accordance with Section 25.1307 of this Section;

  2. The sign is a freeway-oriented, freestanding sign;

  3. The approval of a Zoning Clearance, Sign Permit, or Sign Program requires approval of a Major Exception as defined in Section 1306;

  4. The proposal is a promotional sign cabinet in excess of 36 square feet in area, with a size of up to 50 square feet in area.

Any application for Sign Permit or for Sign Program approval requiring action by the Planning Commission shall be acted upon within 60 days of submittal.

D. Valid term. Any sign approval authorized by this Section shall be valid for two years from the date of approval, or as specified in a concurrent application for Development Review, Use Permit, or Variance, during which time the approved signs must be installed. A Sign Permit approved for a Sign Program is valid for the life of the project.

E. Appeals and Reconsideration of Denied Application. Action taken in this Section regarding approval of a Sign Permit, Sign Program or Exception may be appealed in accordance with Section 25.405 of the Zoning Ordinance. No application that has been denied by the City shall be reconsidered within one year. The City Council is authorized to grant exceptions to this provision.

F. Enforcement. The City shall keep an up to date log of all permits issued for all banners, portable signs or inflatable signs by business name and address. Businesses displaying illegal banners, portable signs or inflatable signs shall receive a warning notice requiring that the business secure a permit within 10 days. Notice shall include all pertinent information necessary for the business to apply for a sign permit for their sign. If no permit is secured with 10 days of receipt of the warning, a fine as specified by City Code shall be issued immediately to the business displaying the illegal sign or banner. Fines will continue to be issued on a daily basis until such time the illegal sign is removed or a permit is acquired by the business.

25.1304 Regulations for On-Site Signs

The Director or Planning Commission may approve or conditionally approve an application for Sign Permit only if the proposal is consistent with the regulations and criteria in this Section and any other applicable sign regulations or adopted design guidelines for a specific area.

A. General regulations. Signs shall be considered an architectural and site plan feature of the proposed development, and as such, shall be coordinated in size, height, color, illumination, location, graphic design, and finish detailing with the building landscaping, area lighting, and vehicular and pedestrian circulation. In addition, all signs shall meet the following regulations:

  1. Freestanding signs. All freestanding signs (including freeway oriented signs or monument signs) shall comply with the following regulations:

a. Where three or more freestanding signs exist along a street frontage of 600 feet, or a freeway frontage of 1,200 feet, new freestanding signs shall be placed or designed to:

  1. Maintain a separation from existing freestanding signs of 75 feet, unless prohibited by site dimensions.

  2. Vary sign height within the limits prescribed in this Section to ensure reasonable visibility to the motorist.

  3. Vary sign distance from the street to ensure reasonable visibility to the motorist.

b. The copy on a freestanding sign shall be limited to the name and address of the project, and up to 25% of the sign area for changeable copy, or up to three panels for the identification of tenants within the subject building. More tenant panels may be approved as part of a Sign Program, but in no case may the tenant signs occupy more than 60 percent of the total sign area, and shall incorporate consistent colors and copy styles.

c. Freestanding signs shall match the building signs with respect to shape of sign structure and related components, and the construction materials for the base, cabinet, and supports.

d. Freestanding signs placed on property adjacent to a residential zoning district shall observe the same setback from the street as required in the adjacent yard area of the residential zone.

  1. Freeway freestanding signs. The content of any freestanding freeway-oriented sign shall be limited to the name of the project, business and/or major product or use. With the exception of electronic message boards, changeable copy shall not be permitted.

  2. Sign face change. A change of face on an existing sign structure shall conform to a previously approved Sign Permit or Sign Program. The copy of the change shall only advertise the business name and/or associated logo.

  3. Wall signs. The following regulations shall apply to all wall signs:

a. The copy on any wall sign shall be limited to the name and address of the business on which the sign is placed, and product types and services offered if the area devoted to these items does not exceed 25 percent of the copy.

b. Brand names shall be permitted on the wall sign(s) of vehicle dealerships or manufacturing plants and distributors only. There shall be no limit as to the portion of the sign allowed to be occupied by the brand name.

c. Single tenant retail buildings with 50,000 square feet or more shall be allowed additional ancillary product type and service signs (e.g., “stereos,” “appliances,” etc.), if these signs do not increase the total wall sign area allowed for a building.

  1. Signs adjacent to residential uses/districts. The Director shall have the authority to limit the sign height, size, location, and illumination of a sign proposed on property adjacent to or across the street from any residential use to minimize impact to the use.

  2. Conduit and support structures. Electrical conduits and support structures for all building-mounted signs shall be concealed within the building wall or soffit. External “raceways” for channel letter signs may be approved, but only when it is demonstrated that internal mounting is not feasible, such as when the mounting would conflict with structural integrity of the mounting surface, or would conflict with utilities within the wall or roll-up doors and windows.

  3. Changeable copy area. Except for electronic message boards and promotional sign cabinets as described in Section 25.1304,C., the changeable copy area of a sign, including time and temperature signs, shall not exceed 25 percent of the permitted sign area. Signs for non-commercial and non-industrial uses which do not display a commercial message, may have a changeable copy area on up to 60 percent of the sign face.

  4. Impacts on adjacent property. Signs permitted for one property or tenancy shall not adversely affect the identification and reasonable use of the neighboring property or tenancy.

  5. Relationship to structures. All permanent signs shall be compatible with the predominant visual elements of on-site buildings, including construction materials, colors, and design details. Commercial centers, offices, industrial complexes, and similar facilities shall be part of a comprehensive Sign Program for the center, and observe a consistent visual design theme.

  6. Relationship to other signs. Where more than one sign is located on a building site or center, all signs shall be complimentary to each other in the following ways:

a. Coordinated and consistent placement of the sign.

b. Consistent design for two of the following three primary design features:

  1. Letter style and font size;

  2. Color;

  3. Sign type (e.g. individual channel letters or solid structure).

  1. Relationship to streets and public rights-of-way. Signs shall be designed and located to not obstruct pedestrian, bicyclist, or motorist view of the public right-of-way in a manner that creates a public safety hazard, as determined by the City Traffic Engineer. Specifically, all signs shall comply with the following requirements:

a. No sign shall be located in or project into the public right-of-way of any street, except projecting signs placed in the HDC, HD, HWT, HO, HTD and CT zoning districts approved by the City Engineer. The City Engineer may approve an encroachment in the right-of-way when it is determined the structure will not pose a hazard to pedestrians or traffic.

b. In the HDC, HD, HWT, HO, and HTD districts, freestanding signs shall be low profile and emphasize visibility to pedestrians rather than motorists. Wall signs shall emulate the architectural elements of the building such as second story windows and unique design features of the storefront.

c. No sign shall interfere with the sight distance of motorists/cyclists proceeding on or approaching adjacent streets, alleys, driveways or parking areas, or of pedestrians proceeding on or approaching adjacent sidewalks and walkways.

d. No sign suspended over or projecting into the area above a private driveway shall be situated at a height less than 15 feet above the driveway surface.

e. No sign suspended over or projecting above a pedestrian way shall be situated at a height less than eight feet, six inches above the ground surface.

  1. Landscaping. All freestanding signs shall be located in a landscaping, or a planter equal to at least the area of the sign cabinet and base, up to a maximum of 100 square feet.

  2. Sign construction and materials. Sign construction and materials shall be of sufficient quality to assure a long life and ease of maintenance. In general, signs painted on a commercial building wall are unacceptable as the principal sign on a commercial project.

B. Specific Regulations for Permanent Signs. Table 25.13-2 establishes the maximum number, location, area, and height of all signs of a permanent nature that are allowed in the City. Special regulations that apply to these signs are listed in the table or provided in the following paragraphs. The Table is organized by the land use and by type of sign, except that more restrictive regulations apply to non-residential uses in residential zoning districts.

establishes the maximum number, location, area, and height of all signs of a permanent nature that are allowed in the City. Special regulations that apply to these signs are listed in the table or provided in the following paragraphs. The Table is organized by the land use and by type of sign, except that more restrictive regulations apply to non-residential uses in residential zoning districts.

Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
A. Signs Permitted for Commercial and Ofce Uses (except those in residential districts, see Section “C” of Table below):
Commercial
Retail and
Ofce
Wall Sign 1 sign per
tenant on each
eligible building
elevation
Sign may only
be placed on a
building
elevation
fronting on a
public street or
driveway
providing public
access to the
building; and
must be placed
on that portion
of a building
frontage
occupied by the
subject tenant
Single Tenant
Bldgs: 1 s.f. of
sign area per
linear foot of
eligible bldg
frontage. Multi-
tenant bldgs:
1.25 s.f. of sign
area per linear
foot of eligible
bldg frontage,
but not less than
20 s.f. per tenant
Must be placed on
frst foor of
building, unless
integrated with the
building
architecture, and a
uniform approach
to display and
application of all
signs is employed
Sign length not to
exceed 60% of
tenant space
width, but shall not
be required to be
less than 10’
A sign on an
awning may be
installed in lieu
of a wall sign
Multiple-frontage
Limitation: When
a tenant space
has more than
one bldg
frontage, the
allowable sign
area for the
additional
frontages shall
be one-half that
allowed for the
primary wall sign
Monument
Sign
1 sign per
street frontage;
projects with
more than 600
linear feet of
frontage on the
same street
may have 1
sign for each
300' along that
frontage
Sign must be
located on-site,
outside of a
public right-of-
way; a 10'
setback is be
required where
trafc visibility
could be
obstructed
40 s.f. in area for
projects on
local/collector
streets or 60 s.f.
in area for
projects on
arterial streets
8 feet in height Shopping centers
6 acres or more
are allowed an
increase in size
and height for 1
monument sign to
80 s.f. in area and
20' in height
--- --- --- --- --- --- ---
Where multiple
freestanding
signs are
allowed within a
project, the
minimum
separation
between signs
shall be 150’
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
--- --- --- --- --- --- --- --- --- --- --- ---
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
Commercial
Retail and
Ofce
(continued)
Freeway
Wall Sign
1 sign per
eligible building
Only permitted
on those
properties
abutting a
freeway
(excludes Hwy.
12); where the
sign is located
on a side or rear
elevation and
placed within
500' of the
freeway right-
of-way
2 percent of
total area of
elevation on
which sign is
placed, up to
500 s.f.
Must be placed on
frst foor of
building, unless
integrated with the
building
architecture, and a
uniform approach
to display and
application of all
signs is employed
Sign shall only
identify a single
tenant or project
name, and shall not
be allowed on the
same elevation
with a non-freeway
orientated wall sign
Freestanding
Freeway
1 sign per
eligible project
Sign only
permitted on
1 s.f. of sign
area per linear
45 feet or 15 feet
above grade of
Sign must receive
approval from
Sign Sign Sign or site or site or site those properties
abutting a
freeway
(excludes Hwy.
12) or on a road
parallel to and
abutting a
freeway; sign
only on-site
where sign is
located within
200' of the
freeway right-
of-way
those properties
abutting a
freeway
(excludes Hwy.
12) or on a road
parallel to and
abutting a
freeway; sign
only on-site
where sign is
located within
200' of the
freeway right-
of-way
foot of freeway
frontage, up to
300 s.f.
nearest freeway
lane, whichever is
greater
--- --- --- --- --- --- --- --- --- --- --- --- ---
Where 1 sign
incorporates
signage for multiple
businesses that are
eligible for separate
freeway signs, the
allowed height is
50' for signs
identifying 2
businesses and 55'
for signs identifying
three or more
businesses
Under
Canopy Sign
1 per pedestrian
entry
Under canopy,
awning, or
covered
walkway in front
of building entry
8 s.f. 12 feet
Table 25.13-2: Sign Regulations
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum)
Commercial
Retail and
Ofce
(continued)
Theater
Marquee
Sign (wall or
monument)
1 sign per
theater
Sign may only
be placed on a
building
elevation
fronting on a
public street or
1.5 s.f. of sign
area per linear
foot of eligible
bldg frontage, up
to 200 s.f.
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
driveway
providing public
access to the
building, or
along an arterial
street frontage
driveway
providing public
access to the
building, or
along an arterial
street frontage
so that the sign
length not to
exceed 60% of
tenant space
--- --- --- --- --- --- --- --- --- --- --- ---
Commercial-
Fast Food
Restaurant
Freestanding
Freeway
Sign
1 sign per
eligible project
or site
Sign only
permitted on
those properties
abutting a
freeway
(excludes Hwy.
12) or on a road
parallel to and
abutting a
freeway; sign
only on-site
where sign is
located within
200' of the
freeway right-
of-way
1 s.f. of sign area
per linear foot of
freeway frontage,
up to 300 s.f.
45 feet or 15 feet
above grade of
nearest freeway
lane, whichever is
greater
Sign must receive
approval from
Planning
Commission and
shall be placed on
monument or
decorative pole
structure
Monument
Sign
1 sign per
street frontage;
projects with
more than 600
linear feet of
frontage on the
same street
may have 1
sign for each
300 feet along
that frontage
Sign must be on
located on-site,
outside of a
public right-of-
way; a 10'
setback is be
required where
trafc visibility
could be
obstructed
40 s.f. in area for
projects on
local/collector
streets or 60 s.f.
in area for
projects on
arterial streets
8 feet in height
Freestanding
Drive
Through/
Menu Signs
2 per site Oriented to the
drive-through
lane
55 s.f. each sign 8 feet Only permitted for
those sites which
have a drive-
through
Table 25.13-2: Sign Regulations
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
Fast Food
(continued)
Wall Sign 1 sign per
tenant on each
eligible building
elevation
Sign may only
be placed on a
building
elevation
fronting on a
public street or
driveway
providing public
access to the
building; and
must be placed
on that portion
of a building
frontage
occupied by the
subject tenant
Single Tenant
Bldgs: 1 s.f. of
sign area per
linear foot of
eligible bldg
frontage. Multi-
tenant bldgs:
1.25 s.f. of sign
area per linear
foot of eligible
bldg frontage,
but not less than
20 s.f. per tenant
Must be placed on
frst foor of
building, unless
integrated with the
building
architecture, and a
uniform approach
to display and
application of all
signs is employed
Sign length not to
exceed 60% of
tenant space
width, but shall not
be required to be
less than 10'
--- --- --- --- --- --- ---
Commercial-
Automobile
and Open
Lot Vehicle
Dealership
Freestanding
Freeway
Sign
1 sign per
eligible project
or site
Sign only
permitted on
those
properties
abutting a
freeway
(excludes Hwy.
12) or on a road
parallel to and
abutting a
freeway; sign
only on-site
where sign is
located within
200' of the
freeway right-
of-way
1 s.f. of sign area
per linear foot of
freeway frontage,
up to 300 s.f.
45 feet or 15 feet
above grade of
nearest freeway
lane, whichever is
greater
Sign must receive
approval from
Planning
Commission and
shall be placed on
monument or
decorative pole
structure
Monument
Sign
1 sign per
street frontage;
projects with
more than 600
linear feet of
frontage on the
same street
may have 1
sign for each
300' along that
frontage
Sign must be
located on- site,
outside of a
public right-of-
way; a 10'
setback is be
required where
trafc visibility
could be
obstructed
40 s.f. in area for
projects on
local/collector
streets or 60 s.f.
in area for
projects on
arterial streets
8 feet in height Open lot sales 3
acres or more in
size are allowed an
increase in size
and height for 1
monument sign to
80 s.f. in area and
20' in height
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
--- --- --- --- --- --- --- --- --- --- --- --- ---
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
Open Lot/
Vehicle
Dealers
(continued)
Wall Sign 1 sign per
tenant on each
eligible building
elevation;
except that
single tenant
retail buildings
50,000 s.f. or
more are
allowed
secondary wall
signs
Sign may only
be placed on a
building
elevation
fronting on a
public street or
driveway
providing public
access to the
building; and
must be placed
on that portion
of a building
frontage
occupied by
the subject
tenant
Single Tenant
Bldgs: 1 s.f. of
sign area per
linear foot of
eligible bldg
frontage. Multi-
tenant bldgs:
1.25 s.f. of sign
area per linear
foot of eligible
bldg frontage,
but not less than
20 s.f. per tenant
Must be placed on
frst foor of
building, unless
integrated with the
building
architecture, and a
uniform approach
to display and
application of all
signs is employed
Sign length not to
exceed 60% of
tenant space
width, but shall not
be required to be
less than 10’
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
Commercial
- Gas
Station/
Convenience
Retail
Freestanding
Freeway
Sign
1 sign per
eligible project
or site
Sign only
permitted on
those
properties
abutting a
freeway
(excludes Hwy.
12) or on a road
parallel to and
abutting a
freeway; sign
only on-site
where sign is
located within
200' of the
freeway right-
of-way
1 s.f. of sign area
per linear foot of
freeway frontage,
up to 300 s.f.
45 feet or 15 feet
above grade of
nearest freeway
lane, whichever is
greater
Sign must receive
approval from
Planning
Commission and
shall be placed on
monument or
decorative pole
structure
Monument
Sign
1 sign per
street frontage
Sign must be
on located on-
site, outside of
a public right-
of-way; a 10'
setback is be
required where
trafc visibility
40 s.f. in area for
projects on
local/collector
streets or 60 s.f.
in area for
projects on
arterial streets
8 feet in height State mandated
price sign shall be
included in the
copy of the
monument sign,
and counted in the
maximum area

could be obstructed

permitted in the Sign Program

Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
Gas Station
(continued)
Wall Sign 1 sign for each
tenant on each
eligible building
elevation
Sign may only
be placed on a
building
elevation
fronting on a
public street or
driveway
providing public
access to the
building; and
must be placed
on that portion
of a building
frontage
occupied by the
subject tenant
Single Tenant
Bldgs: 1 s.f. of
sign area per
linear foot of
eligible bldg
frontage. Multi-
tenant bldgs:
1.25 s.f. of sign
area per linear
foot of eligible
bldg frontage,
but not less than
20 s.f. per tenant
Must be placed on
frst foor of
building, unless
integrated with the
building
architecture, and a
uniform approach
to display and
application of all
signs is employed
Sign length not to
exceed 60% of
tenant space
width, but shall not
be required to be
less than 10’
Promotional
Sign
Cabinet
1 per site Mounted on
building wall
36 s.f.; 50 s.f.
may be
approved by
Planning
Commission
Must be placed on
frst foor of
building
Total width of all
wall signs with
promotional sign
cabinet may not
exceed 60% of the
building frontage
B. Signs Permitted for Industrial, Service Commercial, Institutional and Public Uses
“C"):
(except if in residential zones, see Section
Industrial,
Service
Commercial,
Institutional
and Public
Uses
Wall Sign 1 sign per
tenant on each
eligible building
elevation
Sign may only
be placed on a
building
elevation
fronting on a
public street or
driveway
providing public
access to the
building; and
must be placed
.5 s.f. of sign
area per linear
foot of eligible
bldg frontage,
but not less than
20 s.f. per tenant
Must be placed on
frst foor of
building, unless
integrated with the
building
architecture, and a
uniform approach
to display and
application of all
signs is employed
Sign length not to
exceed 60% of
tenant space
width, but shall not
be required to be
less than 10’

on that portion of a building frontage occupied by the subject tenant

Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
Industrial,
Service
Commercial,
Inst. and
Public Uses
(continued)
Wall Sign
(continued)
A sign on an
awning may be
installed in lieu
of a wall sign
Multiple-frontage
Limitation: When
a tenant space
has more than
one bldg
frontage, the
allowable sign
area for the
additional
frontages shall
be one-half that
allowed for the
primary wall sign
Monument
Sign
1 sign per street
frontage; projects
with more than
600 linear feet of
frontage on the
same street may
have 1 sign for
each 300' along
that frontage
Sign must be on
located on-site,
outside of a
public right-of-
way; a 10'
setback is be
required where
trafc visibility
could be
obstructed
40 s.f. in area for
projects on
local/collector
streets or 60 s.f.
in area for
projects on
arterial streets
8 feet in height
Where multiple
freestanding
signs are
allowed within a
project, the
minimum
separation
between signs
shall be 150’
Freeway
Wall Sign
1 sign per eligible
building
Only permitted
on those
properties
abutting a
freeway
(excludes Hwy.
12); where the
sign is located
on a side or rear
elevation and
placed within
500' of the
freeway right-
of-way
2 percent of total
area of elevation
on which sign is
placed, up to
500 s.f.
Must be placed
on frst foor of
building, unless
integrated with
the building
architecture, and
a uniform
approach to
display and
application of all
signs is employed
Sign shall only
identify a single
tenant or project
name, and shall
not be allowed on
the same
elevation with a
non- freeway
orientated wall
sign
--- --- --- --- --- --- ---
Business
Park
Identifcation
Sign
2 per entry on
collector/arterial
road
At major
entry(ies) to the
subdivision;
may be placed
in public right-
of-way or
easement
60 s.f. per entry
(total for all signs
at the same
entry)
8 feet Copy limited to
address and/or
name of
subdivision or
business park
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
--- --- --- --- --- --- --- --- --- --- --- ---
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
C. Signs Permitted in Residential Zoning Districts:
Single
Family
Dwellings
Wall Sign 1 per residence Mounted on
front elevation of
house
1 s.f. Sign must be
placed on frst
foor elevation,
below eaveline
Home occupation
signs are not
allowed
Subdivision
Identifcation
Monument 2 per entry on
collector/arterial
road
At major entry(s)
to the
subdivision; may
be placed in
public right-of-
way or easement
60 s.f. per
entry (total for
all signs at the
same entry)
6 feet Copy limited to
address and/or
name of
subdivision or
community;
internal illumination
not allowed
Multi-family
Projects or
Mobile
Home Parks
Wall Sign 1 wall sign per
building for
address
Sign may only
be placed on a
building
elevation
fronting on a
public street or
driveway
providing public
access to the
building; and
must be placed
on that portion
of a building
frontage
occupied by the
subject tenant
16 s.f. Sign must be
placed on frst
foor elevation,
below eaveline
--- --- --- --- --- --- ---
Monument
Sign
1 per street
frontage on a
collector/arterial
road
Sign must be on
located on-site,
outside of a
public right-of-
way; a 10'
setback is be
required where
trafc visibility
could be
obstructed
40 s.f. 6 feet Copy limited to
name of project
and/or address
Where multiple
freestanding
signs are
allowed within a
project, the
minimum
separation
between signs
shall be 150’
'
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
--- --- --- --- --- --- ---
Land Use Sign Type Number
(maximum)
Location Area (maximum) Height (maximum) Special Regulations
Multi-family
(continued)
Directory
Sign
1 per street
frontage on an
arterial road
Sign must be
placed at primary
project entry(s) in
a manner that
allows it to only
be read from a
stationary vehicle
or by a
pedestrian
20 s.f. 6 feet Copy is limited to
graphic illustration
of site plan and/or
tenant directory;
font size shall be
appropriate for
pedestrian viewing
--- --- --- --- --- --- ---
Non-
residential
use (e.g.,
ofce,
school,
church or
community
care facility)
Wall Sign 1 per street
frontage on an
arterial road
Sign may only be
placed on a
building
elevation fronting
on a street or
driveway
providing public
access to the
building; and
must be placed
on that portion of
a building
frontage
occupied by the
subject tenant
.5 s.f. of sign
area per linear
foot of eligible
bldg frontage,
but not less
than 20 s.f. per
tenant
Sign must be
placed on frst foor
elevation, below
eaveline
Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations Table 25.13-2: Sign Regulations
Monument
Sign
1 per street
frontage on an
arterial road
Sign must be on
located on-site,
outside of a
public right-of-
way; a 10'
setback is be
required where
trafc visibility
could be
obstructed
32 s.f. 6 feet Copy limited to
name of project
and/or address
Where multiple
freestanding
signs are allowed
within a project,
the minimum
separation
between signs
shall be 150’

C. Specific Regulations for Temporary and Miscellaneous Signs. The following paragraphs establish regulations for the maximum number, location, maximum area, maximum height and/or special regulations for all signs of a temporary nature that are allowed in the City.

  1. Banners.

a. All banner copy shall be promotional in nature and shall not include business identification as its primary copy.

b. The length of banner shall not be greater 60% of the length of the building elevation on which it is displayed.

c. All businesses applying for a banner(s) shall have existing approved permanent signs meeting City sign ordinance requirements.

d. Any business within any commercial zoning district may display one banner per facade up to a maximum of two banners.

e. There will be no regulation of the hours or days for the display of banners.

f. Banners must be affixed to the facade of the building.

g. No banners shall be located on the roof of the building.

h. Banners will not be allowed to be affixed to vehicles or other permanent or temporary structures within any required parking areas.

i. An annual permit with an associated fee of $100 shall be required for each banner.

  1. Construction Signs. One “under construction” sign is allowed per construction site. The sign shall not exceed forty (40) square feet in area and ten (10) feet in height. The sign may identify the project developer, project participants, and/or future occupants.

  2. On-Site Directional Signs. Where appurtenant to a permitted or conditionally permitted use, on-site directional signs may be placed subject to the following regulations:

  • a. Maximum area of a directional sign shall be four square feet.

  • b. Maximum height shall be five feet.

  • c. Directional signs shall have no commercial message or copy.

  1. Flags. Flags, emblems, or insignias of national or political subdivisions, when displayed in accord with appropriate flag protocol, and flags displaying corporate logos or insignias are allowed subject to the following regulations:

a. Flags must be displayed on a permanent flagpole, which shall be placed to avoid damage to other structures.

b. Flagpoles in residential zoning districts shall not exceed 25 feet in height. Flag size shall not exceed four feet by six feet.

c. Flagpoles in non-residential zones shall be proportional in height to the on-site buildings, but shall not exceed 40 feet in height. Flag size shall not exceed six feet by ten feet.

d. Where applicable, the light source for exterior illuminated flag poles shall be out of public view. Ground-mounted light fixtures extending above grade shall be screened from public view with evergreen plant material.

  1. Inflatable Signs.

a. No more than one inflatable sign shall be allowed to be displayed for a period not to exceed 15 days up to 6 times a year, except as provided in Section 5.b below.

b. Temporary seasonal businesses shall be allowed to display inflatable signs for the duration of their temporary use.

c. Inflatable signs shall be allowed to be placed within required landscape areas provided the landscaped areas are well maintained and meet current City standards for landscaping.

d. Inflatable signs shall not be placed within the public right-of-way, or within any required parking area unless authorized by a Special Sign District, and shall not be placed within any path of travel required by the Americans with Disabilities Act.

e. Inflatable balloons shall be allowed to be placed only in locations on the property where the height of the balloon does not exceed its setback to the property line. This is to ensure that if the balloon goes down, it does not go down on adjacent properties.

f. An annual permit with an associated fee of $250 shall be required for each inflatable sign, except for temporary seasonal businesses who will not be required to pay a fee up and above the cost of a temporary permit as required by the City per Section 25.1304(C)14.

  1. Political Signs. Political signs are allowed that comply with the following regulations:

a. No political sign shall be erected or placed on any property unless permission has been granted by the property owner, lessee, or person in lawful possession.

b. Any political sign placed in violation of this Section shall be removed and impounded by the Director if the violation is not corrected within 48 hours after the Director has issued a notice to correct the violation.

c. Any political sign shall be removed within 14 days after election day, except for those candidates who were successful in a primary election, or must compete in a runoff election, in which case the sign(s) shall be allowed to remain until 14 days after the final election.

  1. Real Estate Signs. Real estate signs shall comply with the following regulations:

a. On residential properties, one “for sale” or “for rent/lease” sign, not exceeding nine square feet is allowed for each frontage the property has on a public street. The sign shall pertain to the building or property upon which it is placed. The sign shall be placed in the front or side street setback area. Such signs shall not be displayed on or above a soundwall or block-end fence.

b. For residential property located on a private street or drive, having no direct access to a public street, one “for sale” or “for rent/lease” sign, not exceeding nine square feet is allowed on the nearest property having frontage on a public street which provides access to the private street or drive, provided the sign user first obtains permission from the owner of the property where the sign is displayed.

c. On commercial and industrial properties, real estate signs shall comply with the following:

  1. Properties abutting a freeway are permitted one sign for each 1,000 feet of street frontage, with a maximum area of 64 square feet and a maximum height of 15 feet per sign.

  2. All other commercial and industrial properties are permitted one sign per street frontage, with a maximum area of 40 square feet and a maximum height of 10 feet per sign.

d. One banner, up to a maximum 24 square feet in area, may be used to advertise multi-family and non-residential property for sale or rent.

  1. Portable Real Estate Signs. Portable “A-Frame” real estate signs advertising an open house or a pre-existing home for sale may be placed on-site without any limitation. In addition, to minimize traffic conflicts on local residential streets and provide expedient identification of an individual home for sale in the immediate vicinity, portable “A-Frame” signs advertising an open house for a pre-existing home for sale may be placed in the City right-of-way. The sign user shall be responsible for removing the signs at the end of each day, and providing, in a form acceptable to the City Attorney, surety and indemnification of the City in the event of accident regarding the sign in the right-of-way. Portable “A-Frame” signs in the right-of-way shall not be placed so as to obstruct the public walkway, may not be placed in a median island, and must be located outside the Traffic Visibility Safety Area as depicted in the Figure in Section 25.204 D.2. of the zoning ordinance.

  2. Subdivision sales signs, on-site. On-site subdivision sales signs shall comply with the following regulations:

a. A maximum of two advertising signs, with a maximum area of 32 square feet and a maximum height of 15 feet for each sign.

b. A maximum of four directional signs, with a maximum area of 16 square feet and a maximum height of eight feet for each sign.

c. One sign for each model in the project, with a maximum area of eight square feet and a maximum height of eight feet for each sign.

  1. Subdivision sales signs, off-site. Off-site subdivision sales signs shall comply with the following regulations:

a. The maximum number of signs shall be four per project.

b. The maximum height shall be 15 feet.

c. Setbacks shall be provided as follows: 15 feet from property line, 300 feet from other authorized off-site subdivision sales signs, and 100 feet from occupied residential structures.

d. All sign bases and support structures shall be boxed or enclosed in a decorative base.

  1. Warning signs. “No trespassing", “no dumping,” or other warning signs are allowed that do not exceed 4 square feet per sign.

  2. Window signs. Window signs shall not occupy more than 35 percent of the area of the window to which they are mounted. Window signs that are illuminated, such as neon displays, shall not constitute more than 50 percent of the allowable window sign area. For the purpose of administering this Section, the percentage limitations shall be measured as the total area of one or more panes of contiguous glass. Where window panes are separated by a door or a solid wall, the allowable area shall be calculated separately.

  3. Promotional Sign Cabinet. In order to address the unique point-of-sale identification needs of gasoline stations, one permanent, wall-mounted promotional sign cabinet which can be used to display changeable copy and promotional sales shall be permitted. Maximum area shall be 36 square feet. The Planning Commission may approve a promotional sign cabinet of up 50 square feet.

  4. Temporary Signs for Special Events. Temporary signs and banners for promotional or seasonal events of civic, charitable, educational, religious, or service organizations are allowed when displayed on the location of the subject activity. They shall be placed no sooner than 14 days prior to the event and removed no later than seven days after the event. Such signs or banners shall not exceed 32 square feet.

  5. Statues. One permanent, ground-installed statue promoting a company character or image, with a maximum height of 10 feet, may be placed on a commercial or industrial property.

  6. Portable Signs

a. Portable Signs shall include signs such as A-frames or other similar non-permanent signs, but does not include signs displayed on or attached to vehicles, trailers, carts or similar.

b. Portable signs shall not be greater than four feet in height or width.

c. Portable signs shall be professionally manufactured. No hand painted or other non-professional appearing portable signs should be allowed.

d. Any business within any commercial zoning district may display a maximum of one portable sign per licensed business on their property.

e. Portable signs shall not be placed within the public right-of-way, or within any required parking area unless authorized by a Special Sign District, and shall not be placed within any path of travel required by the Americans with Disabilities Act.

f. Time frame limitations as contained within any Special Sign District governing portable signs shall hereby be eliminated.

g. Portable signs shall be allowed within the required landscaping areas provided the landscaped areas are well maintained and meet current City standards for landscaping.

h. Portable signs shall be setback from any driveways a distance that reasonably provides adequate line of sight.

i. No off-site portable signs shall be permitted on public property or within any City right-of-way (except as provided herein) under any circumstances. All off-site portable signs shall be removed immediately and destroyed.

j. All new sign programs for multi-tenant commercial projects per Section 25.1303 (a) 3 shall include regulations for the number, location and placement of portable signs consistent with this section.

k. An annual permit with an associated fee of $100 shall be required for each portable sign.

  1. Bus Shelter Signs

Signage shall be permitted on permanent Bus Shelters installed by the Fairfield Suisun Transit District. The amount of signage shall be limited to two signs. Each sign shall be no greater than four feet eight inches in width and seven feet five and a half inches in height. (Ord. No. 2018-06, § 9.)

25.1305 Requirement for Sign to Disclose Public Facilities and Multi-family Housing Sites

Landowners of undeveloped land zoned for multi-family housing shall be required to post the site with identification signs as a condition of Development Review or Minor Development Review approval. The City of Fairfield shall post all undeveloped cityowned public facilities sites with identification signs and shall request that other public agencies post undeveloped public facilities sites within the City with identification signs. These signs shall be installed in accordance with the following criteria:

A. One sign, eight feet in height, with a minimum area of eight square feet and a maximum area of sixteen square feet, shall be placed at the midpoint of each street frontage.

B. The sign(s) shall be constructed of exterior grade wood and paint.

C. The sign shall identify the property as a “Multi-Family Housing Site", with a minimum letter size of six inches. The property owner may add two additional lines of copy at the bottom of the sign stating the name of the project and developer, construction date, and/or contact person(s) and phone number(s).

D. The public facilities identification signs shall be posted on vacant public facilities sites within three months of acquisition of the site by the City of Fairfield. The sign shall identify the site with the copy “Future Home of City of Fairfield” combined with the type of public facility planned for the site (Fire Station, Public Park, etc.).

25.1306 Exceptions

Exceptions from the regulations and limitations of this Article may be approved, where it is demonstrated that the deviation from the standards is necessary for sign visibility and where the Exception would result in a sign which is still consistent with the Purpose and Intent of these regulations. Exception shall be granted in accord with the following:

A. Exceptions shall only be granted to allow a deviation from the maximum size or height of a sign. Exceptions may not be granted to permit approval of a sign which would otherwise be prohibited by this Section, or to increase the permitted size of banners as described in Section 1304, C.1.

B. Minor Exceptions, up to a maximum of 10% of the applicable standard(s), may be approved by the Zoning Administrator. Exceptions up to a maximum of 20% of the applicable standard(s) shall require a public hearing and review by the Planning Commission.

C. If an Exception is required from the Planning Commission, Sign Permit approval shall not be granted prior to action on the Exception.

25.1307 Sign Polices Adopted By Resolution

The Planning Commission may adopt a resolution establishing sign design policies. The purpose of this resolution shall be to assist and guide the Review Authority in reviewing applications made pursuant to this Section. Official record of a sign policy Resolution shall be maintained and made available to the public at the Department of Planning and Development.

25.1308 Special Sign Districts

The Planning Commission or City Council may initiate the formation of special sign districts, approved by ordinance of the City Council, where it is found that special architectural and sign program considerations exist on a large number of parcels under separate ownership which may be reasonably grouped into a district for modification to the regulations and limitations of this Section. In addition, a Special Sign District may be approved for automobile and vehicle dealerships which offer more than two vehicle brands for sale, to assure adequate and equitable identification of all vehicle franchises offered for sale at the business.

25.1309 Prohibited Signs

The following signs are prohibited by this Section:

A. Abandoned signs, as identified in Section 25.1311.

B. Bench signs. This does not include any signs incorporated into a Fairfield Suisun Transit Bus Shelter as permitted in Section 25.1303 C 17

C. Signs that simulate, by virtue of size, shape, color, lettering, or design, a traffic sign or signal, or signs with characters or graphics that interfere with, mislead, or confuse the pedestrian or motorist.

D. Portable signs, sandwich board, “A-Frame", or movable freestanding signs, including signs placed on parked vehicles or trailers, except where specifically authorized in this Article.

E. Any sign erected in or extending into the public right-of-way, except signs in the HD, HDC, HO, HWT, HTD or CT zoning districts for which the applicant has received an encroachment permit from the Public Works Department, and publicly owned signs for directional purposes.

F. Any roof-mounted sign that projects above the roof or parapet of a building (see Figure 25.13-1). The Director shall be authorized to grant approval where the sign is designed as part of the building architecture, such as a blade sign on a theater facade or a sign integrated into a raised building parapet.

G. Any structure that advertises an off-site business or activity, product, or service (such as a billboard), with the exception of off-site residential subdivision advertising signs that comply with the regulations established by this Section.

H. Animated signs that use blinking lights or audible sounds. This restriction does not apply to electronic message signs and time and temperature signs.

I. Banners, streamers and pennants except where specifically authorized by this Section. (Ord. No. 2018-06, § 10.)

25.1310 Measurement of Sign Area and Height

To determine compliance with this Section, the area and height of signs shall be measured as provided for below:

A. Sign area. Sign area shall be measured as the area in square feet of the smallest square, rectangle, triangle, or circle within which a single sign face can be enclosed. The total area of the sign shall include all sign faces. See Figure 25.13-2.

B. Sign height. Sign height shall be measured as the vertical distance from grade adjacent to the sign footing, to the top of the sign, including the support structure and any design elements.

The regulations and limitations of this Section are intended to be maximum dimensions permitted. The Director or Planning Commission may require a sign or sign program be reduced to less than the maximum area or height allowable if such a requirement is found to be necessary to comply with the purpose of this Section.

25.1311 Nonconforming Signs

This Section provides for the elimination of signs which do not conform to this Section in the most expedient manner, while permitting the continued use of existing legal nonconforming signs where such signs do not present a threat to the public health, safety or welfare.

A. Maintenance and Repair. A legally installed sign which does not comply with this Section may continue to be used, and ordinary maintenance and repairs may be made to a nonconforming sign provided the structure is not moved, enlarged, or structurally altered. Significant changes to a non-conforming sign shall be made in accord with subsection B. of this Section.

B. Replacement with Less Nonconforming Sign. A legal nonconforming sign may be replaced with one which is less nonconforming, in conformance with all of the following:

  1. The new sign contains a simplified message, reduced height and/or less copy area.

  2. The new sign is architecturally more attractive than the existing sign, and has landscaping around the base.

  3. The sign reduces visual competition for identification among the site and neighboring businesses.

  4. All other non-conforming signs on the property are removed.

C. Abandoned Signs. Any sign which is unused for more than 90 consecutive days shall be deemed abandoned and shall be removed. For purposes of this section “sign” shall mean the face and/or area of the sign and any sign structure. Individual tenant signs in multi-tenant shopping centers may remain unused for a longer period provided all advertising copy is removed and a blank sign face is maintained. For the purposes of this Section, “unused” shall mean the absence of copy or advertising message, or a sign which advertises a business or activity no longer located at the appurtenant site.

Any sign that does not comply with this Section that was approved under previous regulations shall either be removed or brought into compliance with the Section as a condition of approval for grant of any application for Minor Development Review or Development Review on the appurtenant property. (Ord. No. 2009-06 § 3.)

25.1312 Inventory and Abatement

A. Sign inventory. Within six months after the adoption of this Section, the City shall start a program to inventory and identify all illegal and abandoned signs within its jurisdiction. Within 60 days after completing the inventory, the City shall begin abatement of illegal and abandoned signs in accordance with this Section and Chapter 27 of the City Code.

B. Removal of illegal signs. Any sign erected and maintained in violation of the regulations of this Section is subject to issuance of an Administrative Citation and payment of applicable penalties and fines, as prescribed in Chapter 1, Article II of the City Code. The following signs are illegal signs subject to Administrative Citation, and ultimately abatement as a Public Nuisance in accord with Chapter 27 of the City Code:

  1. Any sign which is not maintained in a safe, structurally sound and readable condition.

  2. Any sign that is abandoned as defined in Section 25.1311C of this Section.

  3. Signs installed prior to the adoption of this Section which were installed without the approvals required by previous ordinance.

  4. Any sign placed without City approval in the public right-of-way, in which case the sign may be immediately removed by the City without the noticing requirements of Sections 27.502 and 27.503 of the City Code.

C. Cost of Removal. In addition to monetary penalties described in Chapter 1 of the City Code, the City may charge the property owner for the costs of abatement and storage of an illegal sign removed from the property in accordance with this Section.

D. Recovery of Sign. If a sign is stored by the City, the owner may recover it upon payment of storage and removal charges, and any penalties assessed as a result of the violation of this Section. Signs not claimed within 30 calendar days following

removal may be destroyed, discarded, or sold by the City. (Ord. No. 2009-06 § 3.)

25.1313 Definitions.

As used in the Section, the following terms shall have the following meaning:

Area of sign. The face of the sign, including the surface and framing, but not including the support structure. See Figure 25.13-2 of this section.

Banner. A temporary sign made of fabric, cardboard, plastic or other flexible materials which is suspended from or otherwise attached to a building, structure, or object.

Building-mounted sign/wall sign. A permanently-attached sign placed on a building. Types of building-mounted signs include awnings, individual letter signs, sign cans with a solid advertising display face, under-canopy signs and window signs.

Community events sign. A permanent sign advertising current and upcoming City-sponsored events.

Construction sign. A sign with the names of the owner, architects, engineers, contractors, subcontractors and financing agencies of buildings and structures being built upon the site on which the sign is located.

Directional sign, on-site. A sign not exceeding four (4) square feet in area, containing no advertising message or logo, which provides directions to pedestrians and vehicular traffic visiting the buildings and facilities on the site where the sign is located.

Directional sign, public. A sign not exceeding nine (9) square feet in area, containing directional information to civic areas or public facilities, such as government centers and buildings, public golf courses and parks, the Central Business District, and other public spaces.

Flag. A rectangular or triangular piece of fabric displaying the recognized emblem and colors of a country of political subdivision, or a corporate logo, normally attached to a supporting pole along one or more of its edges.

For sale or rent sign. A sign advertising that the subject building, site or portions of the building or site are available for sale, rent or lease.

Freestanding sign. An unmovable sign not attached to a building, including a sign attached to a ground-mounted structure, fence or wall.

Freeway. U.S. Interstate 80 and 680. This definition specifically excludes State Highway 12 and Air Base Parkway.

Height. The vertical distance from the average adjacent ground level to the top of the sign, including support structures and design elements.

Logo. A product trademark or company graphic or symbol.

Marquee sign. A building-mounted or freestanding sign, comprised mostly of changeable copy board, which identifies a movie theater, playhouse or performing arts center and advertises current shows or events on the premises.

Monument sign. A type of freestanding sign characterized by a solid base, which is generally lower in height than in length.

Neighborhood identification sign. A sign which identifies a residential subdivision, neighborhood or manufactured housing development.

On-site sign. A sign which identifies the occupant on the premises or building where the sign is placed.

Off-site sign. A sign containing a message which identifies a business, group or activity not located on the premises where the sign is placed.

Political sign. Any temporary sign advertising a candidate for political office, a political party or ballot measure or item scheduled for an election.

Portable sign. Any sign which is not permanently attached to the ground or a structure.

Premises. The lot, parcel or portion of land occupied by a business or land use.

Promotional Sign Cabinet. A permanent structure with solid framing, mounted to a building wall, used for the purpose of displaying changeable promotional advertisements for prices, products, or events at the premises where the structure is installed and maintained.

Public accessway. A street, sidewalk, driveway or parking lot drive aisle which is accessible by the public at large and/or used by patrons of a business located on the subject premises.

Pylon. A pole installed in the ground, on which a freeway-oriented sign is mounted.

Real estate sign. A sign advertising residential and commercial buildings or property for sale, lease or rent.

Sign cabinet. The portion of a sign structure that houses the sign face and any illumination device.

Sign structure. Any structure that supports a sign including the base, pole or sign cabinet.

Streamers. A series of small, triangular pennants typically attached and grouped on an extended line or cord.

Subdivision Sales Sign. A sign used to advertise newly constructed homes for sale to initial buyers, typically within a tract subdivision development or collection of custom lots.

Under-canopy sign. A sign which is suspended from the interior ceiling of an awning or solid canopy on a building, which is oriented to pedestrians on the walkway under the awning or canopy.

Wall. The exterior plane of a building which is measured from a single or multiple horizontal line(s) which define the ground level of a building, to a single or multiple horizontal line(s) which define the top ceiling level of a building.

Window sign. A permanent or temporary sign displayed on the inside of window, or temporarily painted on a window, facing a street, right-of-way, parking lot or walkway.

Figure 25.13-1

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Sign Types

Figure 25.13-2

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Measuring Sign Area

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2556.html

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Article X. Noise Regulations

25.1401 Purpose.

It is the policy of the City of Fairfield to protect its citizens from the harmful and annoying effects of excessive noise and to protect the City’s economic base by preventing incompatible land uses from encroaching upon existing or planned noiseproducing uses. This ordinance is established to regulate and control disturbing, excessive and offensive noise. This ordinance also includes regulations for new development that may cause or be exposed to excessive noise.

25.1402 Definitions.

Ambient Noise Level

The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

A-Weighted Sound Level (dBA)

The sound pressure level in decibels as measured on a sound level meter using the A-weighting network.

Construction

Any site preparation, assembly, erection, substantial repair, alteration, or similar action.

Day-Night Average Sound Level (Ldn) or Community Noise Equivalency Level (CNEL)

The 24-hour average of the A-weighted sound pressure level, with the levels during the evening and night-time hours increased. For the Ldn, the night-time period between 10:00 p.m. and 7:00 a.m. is increased by 10 dBA before averaging. For the CNEL, the evening period between 7:00 p.m. and 10:00 p.m. is increased by 5 dBA and the night-time period between 10:00 p.m. and 7:00 a.m. is increased by 10 dBA.

Decibel (dB)

A unit for measuring the volume of a sound.

Demolition

Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

Development Project

Any physical improvement subject to a permit under Chapter 25, Article 1 (Zoning Ordinance) of the Fairfield City Code.

Emergency

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate actions.

Equivalent A-Weighted Sound Level (Leq)

The sound level containing the same total energy as a time varying signal over a given sample period, typically one hour.

Impulsive Sound

Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions and the discharge of firearms.

Maximum Sound Level (Lmax)

The maximum sound level recorded during a noise event.

Noise

Any sound which annoys or disturbs a reasonable person of normal sensitivities.

Noise Sensitive Land Use

Locations where there is greater sensitivity to excess noise, including but not limited to, residences, hospitals, nursing homes, theaters, auditoriums, churches, meeting halls, schools, libraries, museums, and parks.

Non-transportation Noise Source

Any source of noise that emanates from a particular fixed location. Examples include machinery, equipment, loudspeakers, truck loading areas, and places of entertainment.

Portable Emergency Generator

Any UL listed diesel or gas fired generator not connected to a building’s electrical system and only intended to provide power during emergencies or utility power outages.

Pure Tone

Any sound which can be distinctly heard as a single pitch or a set of single pitches.

Sound Level

The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives a good correlation with subjective reactions to noise.

Stationary Emergency Generator

Any UL 2200 listed natural gas and/or propane fired generator permanently connected to the building’s electrical system and only intended to provide power during emergencies or utility power outages.

Transportation Noise Source

Any source of noise that emanates from vehicles in motion either associated with ground transportation (roadways and railroads) or with air traffic (airplane and helicopter). (Ord. No. 2020-13, § 2.)

25.1403 Noise Standards.

It is unlawful for any person to create any noise at any location in the City of Fairfield that results in the exposure to other properties in the vicinity that exceeds the levels of Table 25.1401, except as otherwise provided for in this ordinance.

TABLE 25.1401 - Non-Transportation Noise Standards

TABLE 25.1401 - Non-Transportation Noise Standards TABLE 25.1401 - Non-Transportation Noise Standards TABLE 25.1401 - Non-Transportation Noise Standards TABLE 25.1401 - Non-Transportation Noise Standards TABLE 25.1401 - Non-Transportation Noise Standards TABLE 25.1401 - Non-Transportation Noise Standards
Exterior Noise-Level
Standard
(Applicable at Property
Line)
Interior Noise-Level
Standard
Land Use Noise-Level
Descriptor
Daytime
(7 am - 10
pm)
Nighttime
(10 pm - 7
am)
Daytime
(7 am - 10
pm)
Nighttime
(10 pm - 7
am)
Residential Leq
Lmax
50
70
45
65
40
60
35
55
Transient lodging,
hospitals, nursing
homes
Leq
Lmax
--
--
--
--
40
60
35
55
Theaters,
auditoriums,
music halls
Leq -- -- 35 35
Churches,
meeting halls
Leq -- -- 40 40
Ofce buildings Leq -- -- 45 --
Schools, libraries,
museums
Leq -- -- 45 --
Playgrounds,
parks
Leq 65 -- -- --

Notes: Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises consisting primarily of speech or music, or recurring impulsive noises.

These noise-level standards do not apply to residential units established in conjunction with industrial or commercial uses (e.g., caretaker dwelling).

In situations where the existing ambient noise level exceeds the noise levels indicated in the above table, any new noise source must include mitigation that reduces the noise level to the existing ambient level.

Exterior noise standards are measured at the property line of the receiving property.

25.1404 Specific Prohibitions

No person shall do, cause or suffer or permit to be done on any premises owned, occupied or controlled by such person, any of the following acts:

Auto body repairs - Repair any auto body or fender unless within completely enclosed building and the noises from such repairs are reasonably confined to such building.

Construction activities - Operating or permitting the operation of any tools or equipment used in construction, grading or demolition works between the hours of 10:00 p.m. and 7:00 a.m. except by written permission of the Director of Public Works.

Animals and fowl - Keep or maintain any animal, crowing rooster or fowl, which by any persistent sound or cry shall disturb a reasonable person owning, using, or occupying property in the neighborhood.

Sounding horns and signal devices - The sounding of any horn or signal device on any automobile, motorcycle, bus, street car, or other vehicle in any other manner or circumstances or for any other purpose than required or permitted by the vehicle code or other laws of the state.

Racing engine - Racing the engine of any motor vehicle, except when necessary to do so in the course of repairing, adjusting or testing but not so that a reasonable person owning, using, or occupying property in the neighborhood is disturbed.

Musical instruments, sound amplifiers and sounds in general - Use or operate any musical instrument or any device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in such manner that a reasonable person owning, using, or occupying property in the neighborhood is disturbed.

Places of public entertainment - Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound in any place of public entertainment such that the noise level at the property line disturbs a reasonable person owning, using, or occupying property in the neighborhood or that exceeds the standards set forth in Table 25.1401.

Explosives, firearms, and similar devices - The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, except when part of a government-authorized honor guard.

Large vehicle delivery and loading - The loading, unloading or delivery of goods, merchandise, vehicles or supplies by large trucks, tractor-trailers, or other similar vehicles between the hours of 10:00 p.m. and 7:00 a.m. adjacent to a residential use, where such activities would exceed the Lmax thresholds of Table 25.1401.

25.1405 Exemptions.

Sound or noise emanating from the following sources and activities are exempt from the provisions of this ordinance:

A. Sound sources typically associated with residential uses (e.g., children at play, air conditioning and similar equipment, but not including barking dogs).

B. Sound sources associated with property maintenance (e.g., lawn mowers, edgers, blowers, pool pumps, power tools, etc.) provided such activities take place between the hours of 7:00 a.m. and 10:00 p.m.

C. Safety, warning, and alarm devices, including house and car alarms, and other warning devices that are designed to protect health, safety, and welfare, provided such devices are not negligently maintained or operated.

D. The normal operation of public and private schools typically consisting of classes and other school-sponsored activities, such as school bands and school athletic events.

E. Emergencies, involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including but not limited to sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment.

F. Portable or stationary emergency generators used to provide backup power during a power outage or an emergency, or as required for routine testing of the generator. Portable and stationary emergency generators must not exceed 70 dBA during full speed diagnostics and normal operations when measured at 21 feet with no loads, must comply with all requirements of the California Fire Code as amended by the City, and must comply with setback requirements pursuant to Section 25.30.6 of this Code. Installations of stationary emergency generators shall require a building permit and must comply with the screening requirements in Section 25.30.3. Testing of generators shall be limited to the hours of 7:00 a.m. and 10:00 p.m. on any day and limited to the duration specified by the manufacturer’s recommendations. For the purpose of this subsection, an “emergency” means any city, county, or state declared emergency, or any interruption of utility power due to preventive utility shut-off measures or due to damage to utility infrastructure from accidents, earthquakes, fires, floods, storms, winds, or other acts.

G. Tree, park, and golf course maintenance activities conducted by the City or a City contractor.

H. Any activity related to the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States.

I. Notwithstanding the prohibitions listed in Section 25.1404, any activities within the scope of a special events permit obtained pursuant to Chapter 12A, provided such activities take place between the hours of 7:00 a.m. and 10:00 p.m.

J. Any other activity to the extent regulation thereof has been preempted by state or federal law or regulations. (Ord. No. 2020-13, § 3; Ord. No. 2021-12, § 1.)

25.1406 Noise Standards for New Development Projects.

The following noise standards shall apply to proposed development projects, unless otherwise specifically indicated otherwise in this ordinance.

25.1407 Non-transportation Noise.

Noise created by new non-transportation noise sources shall be mitigated so as not to exceed the interior and exterior noise level standards of Table 25.1401. Where a proposed project includes non-transportation noise sources that are likely to produce noise levels exceeding the performance standards of Table 25.1401 or where a proposed project is likely to be exposed to existing non-transportation noise sources exceeding the standards of Table 15.1401, an acoustical analysis shall be required so that noise mitigation may be included in the project design.

25.1408 Ground Transportation.

The compatibility of proposed projects with existing and future noise levels due to ground transportation noise sources shall be evaluated in comparison with Table 25.1402. Where a proposed project is likely to be exposed to ground transportation noise sources exceeding the performance standards of Table 25.1402, an acoustical analysis shall be required so that noise mitigation may be included in the project design.

Table 25.1402 - Ground Transportation Noise Standards

Table 25.1402 - Ground Transportation Noise Standards Table 25.1402 - Ground Transportation Noise Standards Table 25.1402 - Ground Transportation Noise Standards Table 25.1402 - Ground Transportation Noise Standards
Outdoor Activity
Areas (a)
Interior Spaces
Land Use Ldn/CNEL, dB Ldn/CNEL, dB Leq, dB(b)
Residential (d) 60 (c) 45 --
Transient lodging 60 (c) 45 --
Hospitals, nursing homes 6 (c) 45 --
Theaters, auditoriums, music
halls
-- -- 35
Churches, meeting halls 60c -- 40
Ofce buildings -- -- 45
Schools, libraries, museums -- -- 45
Playgrounds, neighborhood
parks
70 -- --

Note: -- = not applicable.

a Where the location of outdoor activity areas is unknown, the exterior noise-level standard shall be applied to the property line of the receiving land use.

b As determined for a typical worst-case hour during periods of use.

c Where it is not possible to reduce noise in outdoor activity areas to 60 db Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB Ldn/CNEL may be allowed provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with this table.

d The outdoor noise standard for a multi-family project shall be the same as the standard for playgrounds and neighborhood parks. The outdoor activity area for a multi-family project shall include all common open space and recreation areas. The standard shall not apply to parking areas and private balcony areas. Outdoor areas designated for passive use shall comply with the residential standard.

In situations where the existing ambient noise level exceeds the noise levels indicated in the above table, any new noise source must include mitigation that reduces the noise level to the existing ambient level.

25.1409 Special Standards for Residential Development Near the Fairfield-Vacaville…

Any proposed residential development located within ¼ mile from the Fairfield-Vacaville Train Station (located at the southeast corner of Vanden Road and Peabody Road) shall comply with the outdoor standards set forth in Table 25.1402 to the extent feasible. However, it is the intent of the City that residential development in this area have access and orientation to the train station. To this end, the exterior noise standard may be increased beyond the levels indicated in Table 25.1402 up to a maximum of 70 Ldn/CNEL at the discretion of the Planning Commission. Residential development must still comply with the interior standards set forth in Table 25.1402. Any residential property within ¼ mile of the train station shall include homebuyer/renter notification of the presence of the railroad and the associated noise, including the presence of train whistles.

25.1410 Special Standards for New Mixed Use Projects

Where a new development proposal includes a mix of residential and nonresidential uses within the same project, the exterior non-transportation daytime noise standard for the residential component of the project shall be increased by 5 decibels.

25.1411 Aircraft Noise

New land use proposals shall comply with the Travis AFB Land Use Compatibility Plan (LUCP) and the Travis Aero Club LUCP and with General Plan Policy HS 9.2 and General Plan Programs HS 9.2A, 9.2B, 9.2C, and 9.2D.

25.1412 Acoustical Analysis

When acoustical analysis is required for a new development project under the provisions of this ordinance, the analysis shall:

Be the responsibility of the applicant.

Be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics.

Include representative noise level measurements with sufficient sampling periods and locations to adequately describe local conditions.

Estimate existing and projected noise levels in terms of the standards included in Tables 25.1401 and 25.1402.

Recommend appropriate mitigation to achieve compliance with this ordinance. Where the noise source in question consists of intermittent single events, the report must address the effects of maximum noise levels in sleeping rooms in terms of possible sleep disturbance.

  • Estimate noise exposure after the prescribed mitigation measures have been implemented.

  • Describe a post-project assessment program which could be used to evaluate the effectiveness of the proposed mitigation measures.

25.1413 Enforcement

This Ordinance shall be enforced under the provisions of Chapter 1, Article II (Administrative Citations) and Chapter 12 (Offenses) of the Fairfield City Code.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d

Fairfield2557.html

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Article XI. Development Impact Fees.

25.1501 Findings and intent.

a. It is the intent of the City to require every person who develops land to mitigate the impacts of that development on public facilities. The City will therefore require developers to construct public facilities in accordance with specific capital programs or pay fees that will be used to construct such facilities pursuant to those specific capital programs.

b. The amount of the public facilities fees collected pursuant to this chapter shall be limited to the cost of public facilities attributable to new development. The amount of fees collected shall not include the cost of facilities attributable to demand generated by existing development.

c. The City has determined that sources of City revenue other than development impact fees, including tax revenues which would be paid by new development, will be used for many public purposes and therefore will not be sufficient to offset the burdens on public facilities created by new development. (Ord. No. 2013-11, § 2.)

25.1502 Purpose.

The purpose of this article is to establish a traffic facility construction and fee requirement, an urban design facilities construction and fee requirement, a public facilities construction and fee requirement, a park and recreational facilities construction and fee requirement, and a Northeast Area facility construction and fee requirement that impose upon future development projects an equitable share of the cost of mitigating future public facilities demands created by such projects. (Ord. No. 2013-11, § 2.)

25.1503 Definitions.

For the purposes of this article, the following terms shall be defined as set forth in this section:

"Developer" means the owner of land which is being developed.

"Development" or "Development Project" means the construction or addition of floor area, roofed structures or paved area to a property.

"Director" means the Director of Public Works.

"Northeast Area" means that portion of the City shown on the Land Use Plan (Figure 1-2) of the July 2011 Train Station Specific Plan as well as other land within the City that is located east of Clay Bank Road and north of the Union Pacific Railroad tracks.

"Rest of City" means that area of the City that is neither in the Northeast Area, nor in the Plan Area for the Heart of Fairfield Specific Plan as shown on Figure 1.2 of the Heart of Fairfield Plan adopted by City Council Resolution 2017-95. (Ord. No. 201311, § 2; Ord. No. 2022-12, § 2.)

25.1504 Establishment of City-wide development impact fees.

Except as otherwise provided in this article, a developer of a property shall pay the following development impact fees pursuant to the procedures set forth in this article and in an amount established by resolution of the City Council:

  • a. Traffic Impact Fee.

  • b. Urban Design Impact Fee.

  • c. Public Facilities Impact Fee.

  • d. Park and Recreational Facilities Impact Fee. (Ord. No. 2013-11, § 2.)

25.1505 Establishment of northeast area development impact fees.

Except as otherwise provided in this article, a developer of property in the Northeast Area shall pay the following development impact fees pursuant to the procedures set forth in this article and in an amount established by resolution of the City Council:

  • a. Northeast Area Traffic Impact Fee.

  • b. Northeast Area Linear Park Fee.

  • c. Northeast Area Greenbelt Fee.

  • d. Northeast Area Sewer Fee.

  • e. Northeast Area Storm Drainage Fee.

  • f. Train Station Specific Plan Capital Improvement Fee.

A developer of property in the Rest of City shall also pay the Northeast Area Traffic Impact Fee pursuant to the procedures set forth in this article and in an amount established by resolution of the City Council. (Ord. No. 2013-11, § 2; Ord. No. 2022-12, § 3.)

25.1506 Payment of fees.

Pursuant to California Government Code Section 66007(b), the City has established reserve accounts and appropriated funds to those accounts for the purposes of funding public facilities and the City has adopted a public facilities implementation plan for the construction of such facilities. Therefore, fees required by this article shall be paid at the time of issuance of a building permit for a development. The fees assessed to a development shall be paid in an amount equal to the fees in effect at the time that a developer submits a complete and adequate application for a building permit for such development. (Ord. No. 2013-11, § 2.)

25.1507 Credits.

a. An applicant for a building permit which involves the demolition of an existing commercial or industrial structure and its replacement with a new commercial or industrial structure shall be entitled to a credit to the amount of the fees required by this article. The credit shall be calculated as follows: The amount of square feet of commercial and/or industrial use existing on a site shall be subtracted from the amount of square feet of commercial and/or industrial square feet to be constructed. The fee shall be calculated on the difference, provided that the fee shall not be reduced below $0.

b. A developer shall be entitled to a credit to the amount of fees required by this article to the extent that the developer constructs, pursuant to City standards and requirements, public facilities that were included in the project lists used to determine the fees established pursuant to this article.

  1. Credits shall be earned when the Developer has entered into an improvement agreement with the City to construct such public facility. The City is not obligated to enter into such improvement agreement with the Developer.

  2. The credit amount shall be the engineering and construction costs, plus the applicable inflation adjustment, that would be reasonably incurred by the City in building the public facility, as specified in the project list used to determine the fees established pursuant to this article.

  3. Upon a default under an improvement agreement, the Developer shall lose all unused fee credits and shall compensate the City for such credits. The Developer shall pay such compensation to the City within thirty (30) days of the notice of default under the improvement agreement. The amount of the compensation shall be equal to: (i) 100% of the dollar amount of the Fee Credits used, plus (ii) accrued interest from the date that the credit was used, compounded at an annual rate of 6%, plus (iii) liquidated damages in an amount equal to 20% of the dollar amount of the credits used.

  4. Any credits earned by Developer shall be applied by City only to building permits pursuant to development entitlements specifically described in an improvement agreement. Credits may not be transferred to other development projects unless explicitly approved by the City. The City may establish a reasonable fee for such transfer via resolution, following issuance of proper notice required by the Government Code. (Ord. No. 2013-11, § 2.)

25.1508 Annual Findings.

The City Council shall make findings once each fiscal year, on or before June 1, with respect to any portion of the fee remaining unexpended or uncommitted in the respective reserve account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The City shall refund any such unexpended or uncommitted portion of the fees (including any interest accrued thereon) for which need cannot be demonstrated in accordance with Government Code Section 66001(e) and (f). (Ord. No. 2013-11, § 2.)

25.1509 Review of Thirty Year Capital Construction Program.

At least once every five years, the City Council shall review the City of Fairfield’s Thirty Year Capital Construction Program and increase or decrease the amount of the fees established by this article based on updated project costs, project needs and available alternative revenue sources and other economic considerations. (Ord. No. 2013-11, § 2.)

25.1510 Administrative Review Procedure.

An applicant for building permit subject to the fees imposed by this article may apply to the Director for an adjustment to one or more of those fees. The following procedure shall be used to consider such an application:

a. The application shall be in writing and filed with the Director no later than (i) ten days before the public hearing on the development permit application for the project; or (ii) if no development permit is required, the time of the application for a building permit. The application shall state in detail the factual and legal basis for the adjustments or waivers.

b. The Director shall consider the application at a meeting with the applicant within thirty days after the filing of the application. The applicant bears the burden of proof in presenting substantial evidence to support the application. The applicant must present technical information to show that the fee(s) is inappropriate for the particular development which is comparable to the information found in the Nexus Study.

c. The Director shall consider the following factors to determine whether or not to approve a fee adjustment:

  • (i) The proposed use of the fee;

  • (ii) The characteristics of the project which is the subject of this review procedure;

  • (iii) The appropriate land use category for the project which is the subject of this review procedure;

(iv) The relationship between: the fee’s use and the type of development; the need for the improvements and the type of development; and the amount of the fee and the portion of it attributable to the development.

  • (v) Whether the fee(s) are reasonably related in extent to the likely impacts of the proposed development project.

d. The Director is authorized to reduce the amount of the fee based upon the determination made pursuant to this Section.

e. The decision of the Director shall be appealable to the City Manager pursuant to Section 25.1511 of this article. (Ord. No. 2013-11, § 2.)

25.1511 Appeal to City Manager.

a. A person (the "Appellant") appealing a decision of the Director made pursuant to Section 25.1501 of this article shall file a written appeal with the City Manager, stating the factual and legal basis of the appeal, within ten calendar days following the decision of the Director. A person seeking judicial review shall first seek an appeal hearing under this section.

b. The City Manager or a hearing officer appointed by the City Manager, shall set the time and place for the hearing, notice that hearing as is required under the zoning ordinance for consideration of a variance application, notify the Appellant and any other relevant parties, conduct the appeal hearing, prepare written findings of fact and a written decision on the matter, and shall preserve the complete administrative record of the proceeding. The hearing officer shall consider relevant evidence presented by the appellant and by the Director.

c. The Appellant may appeal the decision of the hearing officer to the City Council stating the factual and legal basis of the appeal, within ten calendar days following the decision of the hearing officer. The City Clerk shall set the time and place for the hearing by the City Council. The City Council shall conduct a public hearing to consider the appeal after providing ten days written notice to the Appellant and any other persons who appeared at the hearing conducted by the hearing officer. The City Council shall prepare written findings of fact and a written decision on the matter and shall preserve the complete administrative record of the proceeding.

d. The City Manager and the City Council shall consider the factors listed in Section 25.1510 of this article in making the decision to affirm the fee(s) or reduce the fee(s).

e. Sections 25.1510 and 25.1511 provide an administrative remedy which must be exhausted prior to compliance with the procedure provided in Government Code Sections 66020 and 66021. (Ord. No. 2013-11, § 2.)

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users

should contact the City Clerk for ordinances d b t t th di it d

Fairfield2559.html

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Article XIII. Historic Preservation Ordinance

25.1901 Purpose.

The City has a governmental interest in the preservation of historic resources in order to:

A. Safeguard the heritage of the City of Fairfield by preserving and perpetuating locations, areas, places, sites, buildings, structures, monuments, works of art, and other objects or things which reflect elements of the City’s history;

B. Encourage public knowledge, understanding and appreciation of the City’s past;

  • C. Foster civic and neighborhood pride, and a sense of identity for the City based on its history;

D. Provide benefits to owners of designated historic resources through applicable state and federal laws;

E. Delay the sudden, arbitrary or capricious destruction or removal of historical resources when such action would have the effect of destroying or changing the historical significance of the resource; and

  • F. Protect and enhance the City of Fairfield’s attraction to residents, tourists and visitors.

25.1902 Definitions.

"Alteration” is any exterior change to or exterior modification of an HISTORIC LANDMARK or any modification of interior features that are subject to the resolution designating an HISTORIC LANDMARK.

"City” shall mean the City of Fairfield.

"Historic District” is a geographically definable area within the City of Fairfield designated by the City Council as meeting one or more of the criteria described in Section 25.1906(A).

"Historic Landmark” is a site, structure, or building included in the Fairfield INVENTORY OF HISTORIC RESOURCES and designated as an HISTORIC LANDMARK by the City Council.

"Historic Resource” is any site, structure or building listed on the Fairfield INVENTORY OF HISTORIC RESOURCES.

"Inventory of Historic Resources” is a list of sites, structures or buildings whose historic, aesthetic, cultural, political, archaeological or social significance makes them worthy of preservation, and which has been adopted by the City Council.

"Landmark” shall mean HISTORIC LANDMARK.

25.1903 Inventory of Historic Resources.

A. Establishment of Fairfield Inventory of Historic Resources. The Open Space Commission shall prepare an Inventory of Historic Resources for recommendation to the Planning Commission and adoption by the City Council.

B. Criteria for Inclusion on the Inventory. To be included on the Fairfield Inventory of Historic Resources, a resource must be located within the City Limits of the City of Fairfield. In addition, the resource must exhibit any of the following:

  1. Character, interest or value as a significant part of the heritage of the City;

  2. A location as a site of a significant historic event;

  3. Identification with a person or persons who significantly contribute to the culture and development of the city, the state or the nation;

  4. Exemplification of a particular architectural style or way of life;

  5. Exemplification of the best remaining architectural type in the city;

  6. Identification as the creation, design or work of a person or persons whose efforts has significantly influenced the heritage of the city, the state or the nation;

  7. A relationship to any other historic resource if its preservation is essential to the integrity of the other historic resource; or

  8. The potential of yielding significant information of archeological or historical information.

Resources which are listed on the National Register of Historic Places or California Register of Historical Resources will be automatically included on the Fairfield Inventory of Historic Resources.

C. Update of Inventory. From time to time, the City Council may add or delete items from the Inventory of Historic Resources, upon recommendation of the Open Space Commission and Planning Commission.

25.1904 Designation of Historic Landmarks.

A. Criteria for Designation of Historic Landmarks. A proposed historic landmark must be included on the Fairfield Inventory of Historic Resources.

B. Procedure for Designating Historic Landmarks.

  1. The owners of an Historic Resource may request that it be designated as an Historic Landmark by submitting an application to the Fairfield Department of Planning and Development. The application shall be filed and processed in compliance with Section 25.402 of the Zoning Ordinance.

  2. The Department of Planning and Development shall conduct a study of the Historic Resource to determine whether the property contains one or more of the relevant characteristics for Landmark designation, the extent of the property for designation, and the appropriate conditions of such designation.

  3. The City Council shall hold a public hearing and the request shall be approved, conditionally approved or denied by resolution. Each designating resolution shall include a description of the characteristics of the landmark which justifies its designation, and a description of the particular features that shall be preserved. The action of the City Council is final.

C. Terms of Designation. The designation of Historic Landmark shall run with the land and be binding upon subsequent owners of the real property. Upon designation, the real property owner shall sign a certificate of land designation. The City shall file the certificate for recording with the County Recorder.

D. Duty to Keep in Good Repair. The owner, occupant or other person in actual charge of an Historic Landmark shall keep in good repair all of the exterior portions of the Landmark, all of the interior portions when subject to conditions in the designating resolution, and all interior portions whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

E. Fees for Designation as an Historic Landmark. The City shall not charge a fee for processing an application for Historic Landmark designation.

25.1905 Benefits Available to Historic Landmarks.

A. Mills Act Agreement. The Mills Act (Government Code Sections 50280 - 50290) provides property tax relief to owners of qualified historic properties who agree to protect, preserve and maintain the historical and architectural character of the property. Upon request of the owner of an Historic Landmark, the City Council may elect to enter into a Mills Act Agreement with the owner. The Mills Act Agreement shall run with the land and be binding upon subsequent owners of the Historic Landmark. The City shall file the Mills Act Agreement for recording with the County Recorder.

B. State Historic Building Code. The State Historic Building Code (Part 8, Title 24, C.C.R.) shall apply to all properties designated as Historic Landmarks.

C. Priority for Funding. The City shall give the highest priority to Historic Landmarks when distributing grants or loans whose purpose is historic preservation.

D. Plaque of Recognition. The City of Fairfield shall provide a plaque which identifies the designated resource as a City of Fairfield Historic Landmark. At the request of the owner of the Landmark, the Plaque may provide relevant information about aspects of the Landmark which relate to its historic significance.

25.1906 Historic Districts.

A. Designation of Historic Districts. After adoption of the Fairfield Inventory of Historic Resources, the Open Space Commission may recommend to the Planning Commission that the City Council establish one or more Historic Districts. The area proposed for inclusion of an historic district shall be characterized by one or more of the following:

  1. A majority of structures or properties are included on the Inventory of Historic Resources;

  2. The majority of the properties convey a sense of historic or architectural cohesiveness through their design, setting, materials or workmanship; and

  3. The area has historic significance or is associated with a historically significant period of the city.

B. Actions to Preserve Historic Districts. The Open Space Commission may recommend to the Planning Commission that the City Council adopt special regulations and/or design guidelines for each Historic District in order to preserve its historic features.

C. Benefits Available to Contributing Structures. Benefits listed in Section 25.1905 of this Article shall be made available to properties which contribute to the historic character of an Historic District.

25.1907 Permits for Changes to Designated Historic Landmarks.

A. Permit Required. No person shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the exterior appearance of any Historic Landmark or any interior features that are subject to the resolution designating the Historic Landmark without first having been granted a permit from the Department of Planning and Development.

B. Application and Fees. The permit application shall be made on a form and in the manner specified by the Director of the Department of Planning and Development. No fee shall be charged for this permit.

  • C. Review Standards. Where applicable, the following criteria shall be used in reviewing permit applications:
  1. Whether the proposed change is consistent or compatible with the architectural period of the landmark;

  2. Whether the proposed change is compatible with any adjacent or nearby Landmark structures or preservation district structures;

  3. Whether the colors, textures, materials, location and design of windows and doors, decorative features and details proposed are consistent with the period and/or are compatible with adjacent structures;

  4. Whether the proposed change destroys or adversely affects an important architectural feature or features; and

  5. The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

  • D. Exceptions
  1. Normal Repair and Maintenance. Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any preserved character-defining feature that does not involve a change in design, material or external appearance.

  2. Correction of Unsafe Conditions. The provisions of this Article shall not prevent any construction, removal or demolition determined by the City’s Chief Building Official to be immediately necessary to correct an unsafe and dangerous condition. Only such work as is determined by the Chief Building Official to be necessary to correct the dangerous and unsafe condition may be performed pursuant to the provisions of this section. In the event that any Historic Landmark or any structure or building within a Historic District is damaged by fire or other calamity to such an extent that, in the determination of the Building Official, it cannot feasibly be repaired or restored, it may be demolished in conformity with normal building permit procedures and applicable laws and regulations.

E. Appeals. Any decision authorized by this Article which is made by staff of the Department of Planning and Development may be appealed to the Open Space Commission. Any such decision of the Open Space Commission may be appealed to the City Council. Appeals shall be filed and processed in accordance with Section 25.405 of the Zoning Ordinance.

25.1908 Demolition or Removal of Structures Included on inventory of Historic Resources.

A. Notice Required. Written notice shall be provided to the Department of Planning and Development at least 180 days prior to demolition or removal of any structure included on the Inventory of Historic Resources.

B. Preservation Actions. During the 180-day period, the City shall review options for acquiring or otherwise preserving the historic resource. Historic Districts shall be considered a primary receiving area for relocated historic structures.

C. Exceptions. The requirements for delay of demolition shall be waived if the City’s Chief Building Official determines that demolition is required for the safety of the public.

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The Fairfield Municipal Code is current through Ordinance 2026-02, passed February 17, 2026.

Disclaimer: The City Clerk has the official version of the Fairfield Municipal Code. Users should contact the City Clerk for ordinances d b t t th di it d