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 8 to 15 dwelling units per gross developable acre. Note that medium density neighborhoods in the Heart of Fairfield Plan Area have been zoned HR and are regulated in Section 25.23.

E.    RH (Residential, High Density) District. The RH zoning district is intended for multifamily development such as apartments and condominiums. RH zoned properties are located along major collector and arterial roads, adjacent to neighborhood-serving land uses such as grocery stores, and near employment centers. The allowable density range is 15 to 22 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, condominium, 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 22 to 32 dwelling units per gross developable acre, with higher densities allowed in the HTD zoning district. (Ord. No. 2017-14, § 6.)

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.

Notes:

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

(2)    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.

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

(4)    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.

(5)    Repealed by Ord. No. 2021-14.

(6)    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.

(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.)

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.)

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 25-4 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.

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 right-of-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.

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 right-of-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.

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.

Figure 25-1: Example of Acceptable Small Lot Development

Figure 25-1: Example of Acceptable Small Lot Development (continued)

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.)

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.

3.    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 25-6. 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.

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.)

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.

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 right-of-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 high-quality 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.

2.    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.

3.    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.)

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).

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.

(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.)

    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.

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

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

5.    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.

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.)

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.

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.)

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.

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

4.    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.

5.    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.

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

2.    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.

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.)

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.)

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.

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.

3.    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.

4.    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.

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

6.    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 single-family 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.

2.    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.

3.    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.

2.    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.)

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.

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.)

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.

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

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

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

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

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

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

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

(11)    Transitional and supportive housing are not regulated as a separate land use. Rather, it is a means of occupying a 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.

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

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

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

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.

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.)

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.

2.    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.

3.    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.

4.    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.)

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).

3.    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.

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. 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.

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.

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

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

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

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

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

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

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

5.    Minimum Building Transparency. For buildings that face a public street, the street-facing ground floor shall have a minimum transparency of 50 percent for the Thoroughfare Commercial (CT) District, Community Commercial (CC) District, and Neighborhood Commercial (CN) District, and 30 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. Formerly 25.22.4.4.)

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

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.

2.    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.

3.    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.

4.    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.)

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.)

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.)

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.)

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.

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.)

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.