*    Prior legislation: Ord. No. 2012-04.

This Section provides standards and regulations applying to land uses in all zoning districts. The intent is to guide the location, design, and development of improvements and the operation of new or existing uses. The provisions of this Section shall be applied in combination with other regulations in this Ordinance. Where the Director determines there to be a conflict between these regulations and regulations specific to a zoning district, the most restrictive regulation shall apply.

The following regulations apply to the installation of fences, walls, and hedges. Temporary construction fencing is exempt from these regulations.

A.    Definitions. The following definitions shall apply where the terms “open decorative fence”, “solid decorative fence”, or “hedge” are used in this section:

1.    “Open decorative fence” shall mean a barrier that can be seen through. When visible from public view, on- or off-site, the fence shall be constructed with a decorative material, such as wrought iron or tubular metal. On a property with other than single-family residential use, chain-link shall not be considered decorative material.

2.    “Solid decorative fence” shall mean a solid fence or wall that provides an opaque barrier designed in a style, decorative material, or color compatible with any buildings on the site. Solid fences on any residential property need not be designed in this manner.

3.    “Hedge” shall mean any landscaping that obstructs views, other than individual trees at least six feet apart.

B.    General regulations. All fences shall comply with the following regulations:

1.    Location. No fence, wall, hedge, or other structure shall be installed or maintained within 36 inches of any fire hydrant and no closer than 12 inches to any utility (e.g., street lights) or utility cabinet.

2.    Parcels with grade differential. Where there is a difference in the ground level between two sides of a fence (including property line fences), the height of any fence or wall constructed shall be determined by using the fence location finished grade of the higher parcel.

3.    Hillside Overlay District. When proposed in the Hillside Overlay District, fences and retaining walls shall comply with the height requirements established by the Hillside Management Guidelines.

4.    Fences in the Heart of Fairfield Plan Area (HD, HDC, HWT, HO, HR, and HTD zoning districts) shall be limited to open or solid decorative fences, walls, or hedges and shall not exceed a maximum height of 3 1/2 feet. Fences shall be developed behind the required street frontage landscape setback or public right-of-way for Heart of Fairfield Plan zoning districts.

C.    Regulations by land use. Except for as provided in Section B. above, the following regulations shall apply on developed lots.

1.    Single-family residential uses. Fences, walls, or hedges on a property with a single-family home, duet, or duplex shall be limited to a height of 42 inches within 15 feet of the front property line, and to seven feet in height beyond 15 feet from the front property line.

2.    Multifamily residential uses and churches. An open decorative fence may be installed on a multifamily property to a maximum height of seven feet in height along any property line. The fence may be built to the edge of sidewalk with an encroachment permit issued by the Public Works Department. With the written approval of the Police Department, the maximum height may be increased to ten feet for an open decorative fence that is set back at least ten feet from the property line. Any solid decorative fence or hedge may be installed to a maximum height of six feet at the required building setback line.

3.    Nonresidential Land Uses in Residential Zoning Districts. Fences for nonresidential uses in any residential zoning district shall meet the same design and setback standards as fences for residential land uses as outlined in Sections C1 and C2 above.

4.    Commercial. Fencing on any property with a commercial zoning designation shall comply with the following regulations:

a.    Any open or solid decorative fence, wall, or hedge eight feet or less in height may be installed in any location up to the required street frontage landscape setback identified in Table 25-10: Commercial District Development Regulations. Any fence, wall, or hedge greater than eight feet in height shall comply with all required building setbacks. Fencing in the Heart of Fairfield zoning districts shall comply with the required street frontage landscape setbacks in Table 25-H2: Development Regulations for Commercial (Non-Residential) Buildings and Table 25-H3: Development Regulations for Multifamily Buildings.

b.    In addition to the provisions in a. above, any commercial property owner may have installed an open, decorative fence up to ten feet in height in any location up to the required street frontage landscape setback identified in Table 25-10 with the written permission of the Fairfield Police Department.

c.    Vinyl-clad chain-link fencing may be installed at the rear of buildings if not visible from public areas on- or off-site, or any public right-of-way (e.g., vinyl-clad chain link shall not be used along a street-side property line).

d.    Screening for outdoor storage shall be installed in compliance with Section 25.32.9, Outdoor Seating, Display, and Merchandise Storage.

5.    Industrial. Fencing for any property with an industrial zoning designation shall comply with the following requirements:

a.    Any open or solid decorative fence, or hedge 12 feet or less in height may be installed in any location up to the required front building setback line identified in Table 25-12: Industrial District Development Regulations. Any fence, wall, or hedge eight feet or less in height may be installed in any location up to the required street frontage landscape setback line identified in Table 25-12. Any fence, wall, or hedge exceeding 12 feet in height shall comply with all required building setbacks.

b.    Vinyl-clad chain link fencing may be installed along any interior side property line.

c.    In the Light or General Industrial zoning districts, galvanized chain link fencing shall be permitted along any interior side or rear property line only where no landscape setback is required (see Table 25-12).

d.    Screening for outdoor storage shall be installed in compliance with Section 25.32.9 (Outdoor Seating, Storage, and Merchandise Display).

D.    Regulations for specific types of fences. The following regulations shall apply in all zoning districts:

1.    Fences on corner parcels. No fence, wall, hedge, or other visual obstruction over 24 inches in height shall be constructed where traffic visibility will be impeded, i.e., in that portion of a street corner that is located within the triangle formed by the intersecting curb lines and a line connecting the points drawn 30 feet away from their point of intersection on the lines (see Figure 25-3: Traffic Safety Visibility Area).

Figure 25-3: Traffic Safety Visibility Area

This requirement shall not apply to: official warning signs or signals; public utility poles and cabinets; trees trimmed (to the trunk) to a line at least six feet above the elevation of the intersection; and saplings or plant species with open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed cross-view.

2.    Noise attenuation or privacy fences and walls. For those portions of a parcel that abut a public park (existing or planned), a railroad, or any restricted access roadway (freeway, expressway, parkway, etc.), the maximum fence or wall height permitted shall be eight feet. The approval authority may grant Minor Discretionary Review approval for a higher fence if the applicant has provided substantial evidence (e.g., a noise study) warranting the higher fence to comply with the General Plan noise standard. The review authority may also approve a fence higher than eight feet at the time of approval of a development project.

3.    Razor or barbed wire fences. Razor, barbed or similar type fences or walls shall be prohibited on developed parcels when visible from adjacent properties, public areas, or public rights-of-way. Razor or barbed wire fences not visible from public areas or public rights-of-way shall require approval by the Director. A sign shall be installed on the outside of any fence or area containing razor or barbed wire that clearly communicates the existence of the razor or barbed wire.

4.    Fences between residential properties. Any fence, wall, or hedge behind the front setback between two or more residential properties may be installed to a maximum height of eight feet provided that all property owners that abut the proposed higher fence provide written consent to the Department.

5.    Fences on undeveloped parcels. Any fence up to seven feet in height shall be permitted on undeveloped parcels, except in the OSC zone. Chain link fence shall be permitted when the fencing is vinyl clad within 200 feet of any street. Fences are permitted in the OSC zone up to four feet in height provided they are wire mesh fencing with peeler logs, barbed-wire with tee posts, or a “cattle fence,” as identified in standard specifications provided by the Public Works Department. The Director shall be authorized to allow variations to the fence height and materials in the OSC zone.

6.    Fences in the street side yard. Fences in street side yards shall be limited to 42 inches in height, subject to the requirements in subsection D. 1 above. However, fence heights may be raised to seven feet in street side yards subject to the following restrictions, which shall apply to street side yard fences on corner lots where the rear property line of the corner lot abuts the side property line of an adjacent parcel:

a.    When the rear property line of the corner lot is within 15 feet of the driveway of the abutting lot, a seven-foot high fence may be installed in the street side yard of the corner lot not less than 10 feet from the side property line for that portion of the fence within the rear yard setback (see Item A in Figure 25-4: Allowed Fences in the Street Side Yard).

b.    When the rear property line of the corner lot is not within 15 feet of the driveway of the abutting lot, a seven foot high fence may be installed in the street side yard of the corner lot not less than 10 feet from the adjacent curb face (see B in Figure 254).

c.    When the rear property line of a corner lot abuts the rear property line of another corner lot, a seven-foot high fence may be installed in the street side yard of both lots not less than 10 feet from the adjacent curb face (see Item C in Figure 25-4).

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

7.    Golf-course interface fencing. On property abutting a golf course or driving range, the Director may authorize the installation of protective netting exceeding the height limit for fences identified in this Section. A Minor Discretionary Review application shall be submitted for Department review prior to installation and a public notice provided as required for a custom home (see Section 25.40.4). The Director, when reviewing the location, height, and design of the netting, shall take into account reasonable concerns regarding both safety and aesthetics. (Ord. No. 2008-08 § 2; Ord. No. 2012-04, § 2; Ord. No. 2014-03, § 2; Ord. No. 2018-03, § 9; Ord. No. 2018-06, § 22; Ord. No. 2025-01, § 11.)

The following screening requirements are intended to establish a visual barrier between different types of land uses and between uses that have the potential to be visually intrusive to adjacent properties and/or public rights-of-way. Screening for outdoor storage shall comply with Section 25.32.8 (Outdoor Seating, Storage, and Merchandise Display).

A.    Screening between residential and non-residential uses. Wherever new non-residential development will abut a residential use or vacant land in a residential zoning district, the developer of the new development shall construct a six-foot high solid masonry wall along the property line abutting the residential use where parking or drive-aisle(s) are proposed to be located within 20 feet of the residential property line. Otherwise, a solid wall or heavy timber fence shall be required. It shall be the responsibility of the non-residential property owner to maintain any wall required by this Section.

B.    Ground-mounted mechanical equipment. In all non-residential zoning districts, ground-mounted mechanical equipment shall be adequately screened from view through the use of concrete or masonry walls, berming, painting and landscaping, except where the equipment is located in the loading or service area of an industrial or commercial building or otherwise out of public view. Screening shall be compatible with other structures on the site in terms of material, color, shape, and size. Said appurtenances shall be indicated on the approved landscape and irrigation plans prior to issuance of building permits.

C.    Roof-mounted mechanical equipment. The installation of any roof-mounted mechanical equipment, such as heating or cooling equipment, and solar collectors shall comply with the following regulations:

1.    Residential mechanical equipment. No heating or cooling equipment, except solar collectors and their necessary supply and return lines shall be mounted on the roof of any residential structure. Should the Director determine that there is no feasible alternative to mounting heating or cooling equipment on the roof, the equipment shall be mounted on the rear roof. Decorative screening that is architecturally compatible with the existing structure and roofline may be required to mitigate offensive views from surrounding properties. This Section shall not prohibit the replacement of existing roof-mounted heating or cooling equipment.

2.    Commercial mechanical equipment. Heating or cooling equipment mounted on the roof of any building occupied for commercial purposes shall be placed below a parapet wall or shall be placed behind decorative screening that is architecturally compatible with the existing structure and roof line.

3.    Solar Energy Systems. Equipment associated with roof-mounted solar energy systems in any zoning district is encouraged to be adequately screened from public view, as provided in Section 25.30.8.

The Director is authorized to grant an exception to the above requirements if the orientation of a particular lot or structure should necessitate. However, measures shall be taken to blend system components into the architecture and roofline of the existing structure. (Ord. No. 2011-03, § 2; Ord. No. 2017-20, § 1.)

Outdoor lighting of private non-residential property within the City shall comply with the requirements of this Section.

A.    Placement.

1.    Lighting shall be shielded or recessed so that direct light, glare, and reflections are confined to the maximum extent feasible within the boundaries of the site. Lighting shall be directed downward and away from adjacent residential properties and public rights-of -way.

2.    No permanently installed light shall blink, flash, or be of unusually high intensity or brightness, as determined by the Director.

3.    All lighting fixtures shall be of appropriate intensity, scale, and height to the use they are serving so as to avoid creating unreasonable impacts on surrounding property or to draw attention to a property in an unreasonable manner, as determined by the Director.

B.    Submittal requirements. The Director may require complete photometric plans, in addition to all other information and materials required by the Department, for any permit involving exterior lighting.

A.    Purpose. A plan line may be established where the General Plan identifies or the Council has otherwise determined a need for a new roadway, or for the future widening of an existing roadway. The purpose of a plan line is to:

1.    Identify the future right-of-way width of the new or widened roadway; and

2.    Reserve the area between the plan line and the existing right-of-way for the new or widened roadway.

B.    Procedure. A plan line shall be adopted as required by the California Streets and Highways Code.

C.    Applicability - Setback requirements.

1.    Measurement of setbacks. The front and/or street side setbacks (as applicable) required by Division Two shall be measured from any applicable plan line instead of the property line. On North Texas Street, the Plan Line can be used as the building setback.

2.    Building prohibition. Upon approval of the City of a plan line, no building, wall, fence, or other private structure shall be constructed between the existing street right-of-way and the plan line.

3.    Allowed projections. Projections into the setback areas established by this Section shall be permitted in compliance with Section 25.30.6 (Exceptions to Height Limits and Setback Requirements).

D.    Plan line requirements. The following are hereby established:

1.    Along North Texas Street, from Taft Street north to Manuel Campos Parkway, the distance from the street centerline shall be 70 feet

2.    Along Dover Avenue, from Air Base Parkway north to the City Limits, the distance from the street centerline shall be 42 feet.

3.    Along East Tabor Avenue, from Sunset Avenue east to the City Limits, the distance from the street centerline shall be 56 feet.

All structures shall comply with the height and setback regulations established by Division Two, Zoning Districts, with the exceptions identified by this Section.

A.    Exceptions to height requirements. The following structures may exceed the established height limit for the zone in which they are to be located, subject to Director approval.

1.    Chimneys, vents, and other architectural mechanical appurtenances, not including antennas, which are instead subject to the height limits identified in Section 25.33.

2.    Towers, poles, water tanks, and similar structures, provided the structure has been located to the rear of the site or other area to reduce visibility from public view and painted to match the building. All appurtenances (e.g., pipes, valves, railing, access ladders, etc.) associated with the structure shall be minimized and, where possible, visually screened.

3.    Any public or quasi-public structure including but not limited to churches, schools, hospitals, government buildings and uses, or similar institutions provided all yard depths are increased one foot for every one foot over the height limit of the district in which they are to be located, to a maximum height of 75 feet.

4.    Flagpoles, on any building that exceeds 40 feet in height, may be placed atop the building but shall not exceed 10 feet in additional height.

5.    Solar energy systems may extend up to ten feet above the height limit in the zoning district in which they are located. The Director may allow a solar energy system that exceeds this additional height if necessary to avoid a significant increase in cost or decrease in efficiency of the solar energy system.

B.    Exceptions from setback requirements. The minimum setback requirements of this Ordinance apply to all development and new land uses, except the following:

1.    In any residential district where 50 percent or more of the properties on any one block in the same zoning district have been improved with buildings prior to adoption of this Ordinance, the required front yard for any residential building in that district shall be a depth equal to the average of the front yards of the improved properties, to a maximum of that specified for the zoning district in which such building site is located;

2.    Where setbacks have been established for individual parcels by a Specific Plan, Development Agreement, approved subdivision map, Conditional Use Permit, or other planned development entitlement;

3.    Driveways, walkways, steps, hot tubs, swimming pools, terraces, and other site design elements that are placed directly upon grade; and

4.    Decks that do not exceed 30 inches in height above the surrounding grade at any point.

5.    With Chief Building Official approval, ramps, walkways, decks, elevators and other structures needed to accommodate the disabled.

6.    ADUs, which are instead subject to the setback requirements identified in Section 25.20.4.11.

C.    Allowed projections into setbacks. Attached architectural features and certain detached structures may project beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with the following requirements.

1.    Architectural features. Architectural features attached to the principal structure may extend beyond the wall of the structure and into the front, side and rear yard setbacks, in compliance with the following table. See also Figure 25-5.

2.    Equipment. Swimming pool equipment, air conditioning and heating equipment, etc., may extend up to 30" into side yards, and to within 30" of a rear property line. Stationary and portable emergency generators, as defined in Section 25.1402 of this Code, may project into setbacks provided that they are located a minimum of ten (10) feet away from any property line.

Table 25-15: Allowed Projections Into Setbacks

Notes:

(1)    Chimney or fireplace shall not be wider than eight feet and may project no closer than three feet to any property line.

(2)    Feature may project no closer than 30 inches to any property line.

(3)    Cantilevered architectural features that may project into setbacks include balconies, bay windows, cornices, eaves, and solar devices, and may project no closer than 30 inches to any property line.

(4)    Decks less than 30'' above grade are exempt, in compliance with Section 25.30.6(B) (Exemptions from Setback Requirements), above.

(5)    A stairway may project into a rear setback only and shall not be roofed or enclosed above or below the steps.

Figure 25-5: Examples of Allowed Projections into Side Setbacks

(Ord. No. 2009-06 § 2; Ord. No. 2017-20, § 2; Ord. No. 2020-05, § 10; Ord. No. 2020-13, § 1.)

This Section is intended to provide regulations consistent with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911) and the City’s adopted Source Reduction and Recycling Element. All development, except single-family attached and detached dwellings, shall provide trash and recyclable enclosures that comply with the requirements of this Section.

A.    Regulations by land use. New multifamily and non-residential development shall incorporate enclosures for refuse and recycling materials collection as follows:

1.    Multifamily. The enclosure shall be large enough to accommodate bins holding 30 gallons of trash per household and 30 gallons of recyclables per household.

2.    Non-residential. The applicant shall consult the service provider as to the size and location of any enclosure. The location shall be shown in any plans submitted to the City for approval.

3.    Mixed Used Development. Mixed-use development projects, as defined in Section 25.22.4.3 (Mixed Use Residential Development Regulations), shall provide trash and recycling receptacles in aggregate of the amounts identified by this section and/or as required by the service provider.

B.    Location requirements. Exterior refuse enclosure shall not be located in any required front yard, street side yard, landscaped, or open space areas or any area required by the City Code to be maintained as unencumbered (e.g., required parking areas, utility rights-of-way, or easements). In addition, the enclosure(s) shall be conveniently accessible to residents and/or employees.

C.    Design and construction. The design and construction of the storage area shall be compatible with the surrounding structures and land uses; employ a style, materials, and colors to be consistent with any buildings on the property; and designed in compliance with the Trash Enclosure Standard Detail provided by the Director. Trash receptacle(s) shall be enclosed by a six (6) foot high masonry wall with metal, solid view obstructing gates pursuant to City standards. Within multi-family residential projects, all trash enclosures shall be provided with a shade structure. The enclosure shall include a reinforced concrete apron as approved by the Department of Public Works. Trash enclosures shall also comply with all requirements of the Fairfield-Suisun Sewer District and Solano County Environmental Health. (Ord. No. 2011-03, § 2.)

A.    Definitions.

1.    “Solar energy system” shall have the same meaning as provided in the Solar Rights Act, Civil Code § 801.5(a), as the same may be amended from time to time.

2.    “Solar farm” means a collection of solar collectors arrayed on a ground-mounted support structure for the principal purpose of generating electricity for off-site consumption.

3.    “Small residential rooftop solar energy system” shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(3), as the same may be amended from time to time.

B.    Approvals Required. The applicant shall submit for and receive approval of a building permit prior to installation of any solar energy system, as well as any other permits or approvals specified below. Consistent with Section 65850.5 of the California Government Code, if the solar energy system could have a specific, adverse impact upon public health or safety, the applicant may be required to apply for a use permit. Such a use permit shall be considered according to the requirements of Section 65850.5. Small rooftop residential solar energy systems may be eligible for expedited review pursuant to section 5.1.1 of this Code.

C.    Rooftop and Building-mounted Solar Energy Systems.

1.    Rooftop and building-mounted solar energy systems are a permitted use in all zones.

2.    Rooftop and building-mounted solar energy systems are encouraged to be located and designed to minimize aesthetic impacts without compromising their effectiveness. Solar panels are encouraged to be non-reflective and installed at an angle as close as practicable to the pitch of the building. Any appurtenant equipment is encouraged to be screened from public view, installed in attic space, or painted a color similar to the color of the surface on which it is mounted.

D.    Ground-Mounted Systems.

1.    In all single family residential zoning districts, ground-mounted support frames or structures for stand-alone solar energy systems may be approved through Zoning Clearance if located in rear or side yards and all standards for accessory structures in Table 25-7 are met.

2.    In all other zoning districts, ground-mounted solar energy systems may be approved through Minor Discretionary Review if all Zoning Code setbacks and standards for accessory structures are met.

3.    Any removal of trees to permit installation shall be governed by the Tree Preservation Ordinance as set forth in Section 25.36.

E.    Covered Parking Solar Energy Systems.

1.    Solar energy systems installed over parking lots are subject to Minor Discretionary Review, as provided in subsection D.2 above. The portion of the parking lot covered by the solar panels or solar collectors shall be exempt from the internal landscaping requirements in Section 25.34.10. This applicability of this exemption shall be determined through the Minor Discretionary Review process. All other landscape requirements shall apply.

2.    Any removal of trees to permit installation shall be governed by the Tree Preservation Ordinance as set forth in Section 25.36.

3.    Covered parking solar energy systems shall not result in a net loss of any required parking.

F.    Solar Farms. Solar farms for commercial energy production are considered public or quasi-public utilities, and may be permitted in the IBP, IL, and IG zoning districts subject to Conditional Use Permit approval. (Ord. No. 2017-20, § 3.)

This Section establishes regulations for certain land uses that may affect adjacent properties, the neighborhood, or community, even if the site planning and development standards of the applicable zoning district are satisfied. The regulations contained in this Section are intended to mitigate potential problems and hazards, and to ensure consistency with the General Plan.

The purpose of this section is to prevent community-wide adverse secondary effects that can be generated by the unregulated operation of adult entertainment businesses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses.

A.    Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

1.    "Adult entertainment business” shall mean any of the following:

a.    Adult arcade. An “adult arcade” is an establishment where, for any form of consideration, as a regular and substantial course of conduct one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

b.    Adult cabaret. An “adult cabaret” is an establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

c.    Adult motion picture theater. An “adult motion picture theater” is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

d.    Adult retail store. An “adult retail store” is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

e.    Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

2.    "Adult entertainment material” shall mean any audio tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

3.    "Adult entertainment merchandise” shall mean adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

4.    "Characterized by an emphasis upon” shall mean the dominant or essential theme of the object described by such phrase.

5.    "Director” shall mean the Director of Community Development of the City of Fairfield or the designee thereof.

6.    "Hearing officer” shall mean the City Manager of the City of Fairfield, or the designee thereof.

7.    "Owner” shall mean the following: (i) the sole proprietor of an adult entertainment business; (ii) any general partner of a partnership that owns and operates an adult entertainment business; (iii) the owner of a controlling interest in a corporation that owns and operates an adult entertainment business; and (iv) the person designated by the officers of a corporation to be the zone clearance holder for an adult entertainment business owned and operated by the corporation.

8.    "Park” shall mean a park, playground, swimming pool, recreational facility or athletic field within the City that is under the control, operation or management of the City or any other public entity.

9.    "Regular and substantial course of conduct” shall mean that any of the following conditions exist:

a.    At least thirty percent (30%) of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

b.    At least thirty percent (30%) of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

c.    The business presents any type of entertainment, live or otherwise, characterized by an emphasis upon specified sexual activities or featuring any nude or semi-nude person on any four (4) or more separate days within any thirty (30) day period.

d.    At least thirty percent (30%) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

10.    "School” shall mean any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

11.    "Semi-nude” shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

12.    "Specified anatomical areas” shall mean the following:

a.    Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

b.    Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

c.    Any device, costume or covering that simulates any of the body parts included in A or B above.

13.    "Specified sexual activities” shall mean the following, whether performed directly or indirectly through clothing or other covering:

a.    The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.    Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

c.    Masturbation, actual or simulated;

d.    Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (a.) through (c.) of this subparagraph.

B.    Zone clearance application. It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the Director a zone clearance for such business.

1.    Applications for a zone clearance shall be submitted on a form provided by the Director and shall be accompanied by a nonrefundable application fee in an amount established by Resolution of the City Council.

2.    If the Director determines that the applicant has completed the application improperly, the Director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the Director shall grant the applicant an extension of time of ten (10) days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

C.    Approval or denial of zone clearance. The Director shall, within thirty (30) city business days of the filing of a complete application, approve and issue a zone clearance if the provisions of Section 25.32.2 (D) (Location Criteria), have been satisfied; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the Hearing Officer in accordance with Sec. 25.32.2 (E) (Appeals).

D.    Location criteria.

1.    Permissible districts. Provided the requirements of subparagraph (2) below are satisfied, an adult entertainment business may be located in the CS, CT, or IL district.

2.    Separation requirements. An adult entertainment business may be located in the districts specified in subparagraph (1) above, provided that the business satisfies all of the following requirements:

a.    The adult entertainment business is not within one thousand (1,000) feet of any other adult entertainment business located within or outside of the City.

b.    The adult entertainment business is not within seven hundred and fifty (750) feet of any RVL, RL, RLM, RM, RH, RVH, or CM district or any residential area of a planned development zone district.

c.    The adult entertainment business is not within seven hundred and fifty (750) feet of any school, library, park, playground, freeway, or church.

d.    The adult entertainment business is not located within the following areas:

1.)    The area located south of Interstate 80 and west of Interstate 680.

2.)    The area bounded on the south by Air Base Parkway, on the east by Clay Bank Road, on the west by Dover Avenue, and on the north by Cement Hill Road.

3.)    The area bounded on the south by Cordelia Road, on the east by Beck Avenue, on the north by State Highway 12, and on the west by Hale Ranch Road.

4.)    The area bounded on the south by the Southern Pacific Railroad right-of-way, on the east by Ledgewood Creek, on the north by State Highway 12, and on the west by Beck Avenue.

3.    The distances set forth in subparagraph (2) above shall be measured as a straight line, without regard to intervening structures, from the property line of the property containing the adult entertainment business to the property line of the property so used at the time of submission of the permit application; provided, however that the distances between adult entertainment businesses as set forth in (a) of subparagraph (2) above shall be measured from the outside wall of the tenant space of each adult entertainment business.

4.    No adult entertainment business may be located within the City except as provided in this paragraph.

5.    Nontransferable. No person shall operate an adult entertainment business under the authority of a zone clearance at any place other than the address of the adult entertainment business stated in the application for the zone clearance.

6.    Number of businesses. No building, structure or other facility shall contain more than one (1) type of adult entertainment business; as such types of adult entertainment businesses are defined in this section.

7.    Regulations nonexclusive. The provisions of this section regulating adult entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Fairfield City Code, including Chapter 10D, or any other applicable law.

E.    Appeals. Any decision of the director may be appealed in accordance with Section 10D.27-10D.33 of the City Code.

Repealed by Ord. No. 2021-09.

A.    Purpose and applicability. This Section establishes regulations for the installation of satellite dishes that measure one meter or more in diameter. Dishes less than one meter in diameter shall be exempt from these regulations. Implementation of these regulations should result in a satellite dish location that is the least visible from public rights of way while not burdening adjacent property owners with negative visual impacts.

    Antennas associated with wireless communications are not regulated by this section but are instead subject to the regulations contained in Section 25.33 (Wireless Telecommunications Facilities).

B.    Regulations applying to all satellite dishes. The following regulations shall apply to all satellite dishes that measure one meter or more in diameter:

1.    Approval. Minor discretionary review approval shall be required prior to installation. No more than one dish shall be approved in any multi family development (apartments, condos, etc.) or at any commercial establishment, including businesses selling satellite dish systems. The Director may allow more than one antenna if the applicant can demonstrate that the additional antenna(s) will meet the provisions and intent of this Section.

2.    Location. The follow location requirements shall be met:

a.    Installation shall be prohibited between any street and principal building on the site, except where a rear yard lot backs up to a public right-of-way. In this case, a 15-foot setback shall be maintained between the public right-of-way and the dish.

b.    Installation shall be prohibited on the roof of any structure on the parcel, except when the dish shall be fully screened by a roof parapet from any adjacent property or street.

3.    Design. The following design measures shall be incorporated into placement of any dish:

a.    Dishes or mounting structures installed with the use of guy wires shall be prohibited.

b.    Highly reflective surfaces or colors shall not be used on any dish or mounting structure.

c.    Landscaping or solid screening shall be installed around the base of any ground mounted dish to screen any structural elements. This screening shall not be required if the dish is not visible from adjacent public streets, public areas of the development, and/or adjacent properties.

d.    All wires and/or cables necessary for the operation of the dish or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building. Wires or cables may be placed in conduit painted to match the building wall to which they are attached.

C.    Regulations applying to satellite dishes in residential zoning districts. In addition to the regulations identified in subsection (A) above, the following regulations shall apply to dishes installed in any residential zoning district or residential area of a planned development zoning district:

1.    A setback equal to the height of the dish and mounting structure shall be maintained between any property line and any part of the dish or structure, except that no setback shall be required if the dish does not exceed 72 inches in height.

2.    Maximum height of the dish and mounting structure shall be 15 feet.

This Section establishes regulations for City review of child day care facilities, in compliance with State law, private schools, preschools, nursery schools, and day care centers. These regulations do not apply to small or large family day care homes, which are instead regulated by the California Department of Social Services through its licensing procedures.

A.    Operating standards. All facilities shall be subject to the following regulations:

1.    Outdoor activities. Play and outdoor activities shall be limited to between the hours of 9:00 a.m. and 6 p.m., and be conducted within an area enclosed by a six-foot solid or chain link fence. Where the play area abuts any residential property, a minimum six feet high heavy wood fence or masonry wall shall be installed between the play area and the residential property.

2.    Noise. Ambient noise levels at the boundary of any proposed outdoor play area shall not exceed the maximum allowable noise exposure levels identified by the Fairfield Noise Ordinance (Chapter 25, Article X, Table 25-1401) for playgrounds. The Director may require the applicant to demonstrate compliance with this standard.

3.    Size requirement for play areas. Outdoor play areas shall be at a minimum ratio of 75 square feet provided per child. Indoor play area shall be provided at a minimum ratio of 35 square feet per child. Only outdoor areas or interior rooms that have a minimum dimension of 10 feet in either depth or width shall be counted toward meeting this requirement.

B.    Other permits. The applicant shall obtain all other necessary permits and approvals from the State and/or County prior to commencing operation of the facility.

The purpose of this Section is to allow certain uses that would otherwise not be allowed in Redevelopment Areas and Specific Plan Areas for a limited duration until sites can be consolidated for redevelopment. Such uses may be established in compliance with this Section in any commercial or industrial zoning district in a Redevelopment Area or Specific Plan Area.

A.    Permitted uses. The following interim land uses may be authorized through Conditional Use Permit approval by the Planning Commission, in any commercial or industrial zoning district.

1.    Retail or wholesale nursery.

2.    Vehicle storage.

3.    Automobile parking lot.

4.    Other uses similar to the above, or uses with similar impacts as determined by the Planning Commission to be consistent with the purpose of this Section.

B.    Limits on improvements. Improvements required to implement any of the above land uses shall not render the use permanent or immobile. The Planning Commission shall have the ability to limit improvements to ensure that the use will remain temporary.

C.    Findings for approval. The Planning Commission shall make each of the following findings when granting a Conditional Use Permit for an interim use:

1.    Prevailing economic conditions or redevelopment program priorities do not support immediate efforts to establish allowed uses in the base zoning district within the designated Redevelopment Area or Specific Plan Area.

2.    The proposed interim land use will not impede the development of allowed land uses on abutting or nearby properties and the future development of the subject property.

3.    The land use requires little or no improvements to the subject property, so as not to discourage future redevelopment.

D.    Time Limit. All interim land use permits may be approved for an initial period of up to three years. Two one-year time extensions may be granted upon written request to the Director prior to the expiration date. In no case shall the duration of any interim land use exceed five years.

E.    Conditional Use Permit Agreement (CUPA). The property owner shall enter into a Conditional Use Permit Agreement with the City that specifies the duration of the permit after which the interim use shall terminate. The agreement shall also include provisions to ensure that the site is adequately maintained at all times; and a guarantee and/or a procedure to guarantee the termination of the use and removal of all associated temporary facilities upon expiration of the Conditional Use Permit. (Ord. No. 2013-07, § 2.)

This Section establishes regulations and procedures for the siting and operation of various types and sizes of commercial recycling facilities, including donation drop-off facilities. Recycling activities conducted for 72 hours or less are subject to the Section 25.32.8 (Temporary Land Uses and Events).

This section does regulate Material Resource Recovery Facilities (MRRF), which are instead addressed by Section 25.24.4.2.

This section does not regulate Collection Containers, which are regulated by Section 25.32.7B.

A.    Development Standards.

1.    Location requirements. All small recycling collection facilities shall:

a.    Comply with the landscaping and building setback requirements of the applicable zoning district;

b.    Not be located in any required access or traffic visibility safety area; and

c.    Not be located within 150 feet of any parcel zoned or identified on the General Plan for residential use.

2.    Maximum size. No small recycling collection facility shall occupy more than 700 square feet or more than four parking spaces (not including space that will be periodically needed for removal of materials or exchange of containers).

3.    Maintenance. Collection trailers and containers, site fencing, and signs shall be of a color and design determined by the Director to be compatible with surrounding uses. The site shall be free of debris and loose materials at the end of each business day.

4.    Screening. The facility shall be partially screened from view from any adjacent public rights-of-way or public area, on- or off-site, through the use of low walls and fencing, trellis structures, permanent landscaping, or other approved material.

5.    Parking. The use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the principal use unless a parking study acceptable to the Director shows that existing capacity is not fully utilized during the time the recycling facility will be on the site.

B.    Operating standards. All facilities shall meet the following operating standards:

1.    The facility shall accept only glass, metal or plastic containers, paper, and other recyclable items;

2.    No processing of recyclable material shall be allowed and no power-driven equipment shall be used to receive recyclables;

3.    When the site is not attended, the facility may provide temporary deposit containers for collecting recyclables provided they are constructed with durable waterproof and rustproof material. The containers shall be covered, secured from unauthorized material removal, and shall be of a capacity sufficient to accommodate materials collected;

4.    All recyclable material shall be stored in containers or in the mobile unit vehicle or trailer. No materials shall be stored outside when an attendant is not present;

5.    Any site used for a collection facility shall be cleaned at the end of each collection day;

6.    The facility shall operate only between the hours of 9:00 A.M. and 7:00 P.M. (Ord. No. 2017-06, § 2.)

A.    Annual Permit Required for all Collection Containers. No later than December 1, 2017, no person shall place, operate, maintain or allow a Collection Container on any real property in the City of Fairfield without first obtaining an annually renewable permit from the City, except as provided for in Section B below.

B.    Exemptions. Containers that satisfy the following standards are exempt from the permit requirements of this section:

a.    Containers that are located within an entirely enclosed and lawfully constructed and permitted building, provided that such containers satisfy the operational requirements set forth in subsection J.

b.    Refuse or recycling containers that comply with the provisions of Section 9.510 and/or Section 9.570 of the Fairfield Municipal Code.

C.    Ministerial Action. An application for a collection container shall be processed as ministerial action (Zoning Clearance) in accordance with this section and this Zoning Ordinance. The Community Development Director or his designated staff person shall be the decision maker.

D.    Application Requirements. An application for Zoning Clearance shall be submitted in a letter form and shall include the following information:

1.    The signatures of the property owner and the operator of the Collection Container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

2.    A non-refundable application fee (Zoning Clearance) in an amount set by resolution of the City Council;

3.    The name, address, email, website (if available) and telephone number of the operator of the Collection Container and property owner on which the Collection Container is to be located, including 24-hour contact information;

4.    A vicinity map showing 1) the proposed location of the Collection Containers; and 2) the distance between the site and all existing Collection Containers within 1,000 feet of the proposed location for the collection containers;

5.    Photographs of the location and adjacent properties;

6.    A site plan containing:

a.    Location and dimensions of all parcel boundaries;

b.    Location of all buildings;

c.    Proposed Collection Container location;

d.    Distance between the Collection Container and all parcel boundaries and buildings; and

e.    Location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking.

7.    Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this section to be placed on the Collection Container and notice sign;

8.    A description and/or diagram of the proposed locking mechanism of the Collection Container;

9.    A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the Collection Container); and

10.    Any other information regarding time, place, and manner of the Collection Container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this section.

E.    Permit (Zoning Clearance) Expiration and Renewal. A permit (Zoning Clearance) issued under this section shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application in letter form for renewal must be submitted prior to the expiration of the permit and shall include:

1.    The signatures of the property owner and the operator of the Collection Container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

2.    A non-refundable application fee (Zoning Clearance) in an amount set by resolution of the City Council;

3.    Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;

4.    A detailed description of any information that is different from the information submitted on the previous application; and

5.    Any other information regarding time, place, and manner of the Collection Container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this section.

F.    Decision on Application.

1.    The Community Development Director shall approve or deny an application within 10 (ten) working days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required period, the application shall be deemed approved.

2.    The Community Development Director shall approve the application if all of the following are true, otherwise the Director may deny the application:

a.    The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;

b.    The property on which the Collection Container is to be located has been free of graffiti (as defined in Section 53069 (e) of California Government Code or any successor statute) for at least six (6) months prior to the submission of the application;

c.    The property on which the Collection Container is to be located has been free of any condition constituting a public nuisance (as defined in Section 27.401 of this Code) for at least six (6) months prior to submission of the application;

d.    The application will be in compliance with all of the applicable provisions of this section.

3.    The Community Development Director shall mail written notice to the applicant and the property owner of the Director’s decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, the notice shall set forth the reasons for the denial, as well as the facts supporting the Director’s reasons.

4.    The decision of the Community Development Director shall be final, and not subject to administrative appeal.

G.    Revocation.

1.    The Community Development Director may revoke a permit (Zoning Clearance) issued under this section. The following shall constitute grounds for revocation of a permit:

a.    Any of the grounds upon which the Director may refuse to issue an initial permit or renewal permit.

b.    The failure of the permittee to comply with the provisions of this section, or other provision of this Code or other law.

c.    A determination by any governmental authority or agency that the Collection Container has violated the California Consumer Protection Act or the Charitable Organizations and Solicitations Act.

2.    The Community Development Director shall provide a written notification to the permittee and the property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten (10) calendar days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Director. Any permitee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

3.    Upon permit revocation, the permittee shall remove or cause to be removed the Collection Container from the real property within ten (10) calendar days. If not removed within the time period, the City may remove, store, or dispose of the Collection Container at the expense of the operator and real property owner. The operator and real property owner shall be jointly and severally liable for all costs associated with removal incurred by the City or the City’s contractor. The City may pursue costs pursuant to Section 27.703 of this Code.

4.    Any person aggrieved by the decision rendered by the Director in revoking a permit issued under this section may appeal the decision to the Planning Commission. The appeal shall be made by filing a written notice thereof with the Community Development Department setting forth the grounds for the appeal not later than ten (10) calendar days after receiving notice of the Director’s decision. The Planning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the Director’s decision.

H.    Location of Containers.

1.    No Collection Container shall be located within 1,000 feet of any other Collection Container.

2.    Collection Containers shall be located only in the CS and IL Zoning Districts.

3.    No Collection Container shall be located within three-hundred (300) feet of a residentially zoned parcel.

4.    No Collection Container shall be located on or within: a) the public right-of-way (including sidewalks); b) area designated for landscaping;

5.    No Collection Container shall be located in, block, or impede access to any required parking or driveway areas, pedestrian routes, emergency vehicle routes, building ingress and egress, required disabled access routes, required easements, trash enclosure areas access to trash bins or trash enclosures, or any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

6.    No more than one Collection Container shall be located on any parcel.

I.    Physical Attributes.

1.    All Collection Containers shall:

a.    Be fabricated of durable and waterproof materials;

b.    Be placed on ground that is paved with durable concrete or asphalt;

c.    Have a tamper-resistant locking mechanism for all collection openings;

d.    Not be electrically or hydraulically powered or otherwise mechanized;

e.    Not be considered a fixture of the site or an improvement to real property.

2.    A Collection Container shall be no taller than seven feet above the finished grade of the parcel on which it is located.

3.    The following information shall be conspicuously displayed in at least two-inch type that is visible from the front of the Collection Container:

a.    The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the Collection Container and the agent for the property owner;

b.    The type of material that may be deposited; and

c.    A notice stating that no material shall be left outside the Collection Container.

J.    Maintenance and Operation.

1.    No overflow of collection items shall be allowed to accumulate within sight of any Collection Container.

2.    Collection Containers shall be maintained and in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

3.    Collection Containers shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in section 27.401 of this Code.

4.    The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.

5.    Any conditions that are in violation of this section must be remedied or abated within forty-eight (48) hours of being reported to the operator or property owner.

6.    Collection Containers cannot be used for the collection of solid waste and/or any hazardous materials.

7.    Collection Container operators shall report all tonnage collected within city limits on an annual basis by June 1st to the Public Works Department pursuant to the requirements of the Integrated Waste Management Act (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 and SB 1016) and any related successor laws or regulations in order to properly account for the City’s waste diversion and recycling efforts.

8.    The operator shall maintain a valid City of Fairfield Business License as required under Chapter 10B of the Fairfield Municipal Code. (Ord. No. 2017-06, § 3.)

This Section identifies permit requirements and time limits for temporary uses. Uses either not identified by this section or proposed for longer time periods than allowed by this section shall be considered permanent land uses. This Section does not regulate parades, athletic events, and other special events, which are instead addressed by Chapter 12A of the City Code.

A.    General requirements. Temporary uses shall demonstrate compliance with the following regulations prior to approval:

1.    Parking. No temporary land use or event shall displace required parking. Off-street parking shall be maintained at the number of spaces required for all on-site uses. The Department shall have the authority to limit the area occupied by any temporary use to ensure that this requirement is satisfied.

2.    Access. Traffic control measures shall be determined by the approval authority as part of the approval and shall be adequate to maintain adequate on-site circulation.

3.    Traffic safety visibility area. To ensure that the lot display area is located to maintain safe pedestrian and vehicle sight clearance at all intersections, no trailer, temporary building, stand, or other similar structure (including a tent) shall be located outside the triangle formed by the curb line intersection and any point 100 feet from such an intersection.

4.    Tracking of mud, dirt, and other materials. Dirt, mud, or other materials tracked onto any adjoining public right-of-way by vehicles exiting temporary uses shall be cleaned at the end of each business day.

5.    Signs. No more than two banners totaling 32 square feet each shall be permitted in association with any temporary land use or event. Banners shall only be visible on the dates during which the City has permitted the event to occur and shall be placed on-site within 50 feet of the goods being sold as part of the temporary event. No banner shall be placed within the public right-of-way.

B.    Permit requirements. An application for Minor Discretionary Review shall be submitted to the Department prior to the establishment of any temporary use, unless a Conditional Use Permit is specifically required below. All applications shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

C.    Temporary events. The following temporary events shall comply with their respective requirements:

1.    Repealed by Ord. 2013-25, § 5.

2.    Christmas tree and pumpkin lots. Christmas tree and pumpkin lots shall be permitted on any property in a commercial zoning district for a maximum of 30 consecutive days per calendar year. The applicant shall provide the City with a refundable deposit or other form of surety acceptable to the Director to ensure that lots are left free of trash or debris.

3.    Promotional outdoor retail sales. Promotional outdoor sales may be permitted on developed properties in compliance with the following requirements:

a.    Duration and frequency. Outdoor retail sales shall be limited to the following durations:

1).    Any establishment in a non-residential zoning district holding a City Business License, or any business association, shall be eligible to sell merchandise outdoors, subject to the following regulations:

a.    The sale need not occur on the same property as the business, but shall occur only in a non-residential zoning district and only with the permission of property owner.

b.    The maximum number of sale days on any single property for new merchandise shall not exceed 16 days per calendar year (these days need not be consecutive). Sale days held by off-site businesses shall count toward the maximum 16 sale days allotted to the property on which the sale is being held. For the purpose of this section, a temporary sale of “new merchandise” shall mean any sale where more than 50 percent of the value of the offered items has not been previously owned.

c.    The maximum number of sale days on any single property for used merchandise shall not exceed eight days per calendar year (these days need not be consecutive). Sale days held by off-site businesses shall count toward the maximum eight sale days allotted to the property on which the sale is being held. For the purpose of this section, a temporary sale of “used merchandise” shall mean any sale where more than 50 percent of the value of offered items has been previously owned.

2).    In addition to the event duration and frequency allowed in this section, merchants in the HD or HDC zone districts may conduct on-site outdoor sales of general merchandise during downtown special events as defined in Chapter 12A.3 of the City Code.

b.    Exceptions. The Director may, under circumstances such as accidents or disasters, authorize an additional event where it may be necessary to clear merchandise from a damaged building. Nothing in this subsection shall be construed to require the City to grant permission for such a sale.

4.    Promotional outdoor events for nonprofit organizations. In addition to the promotional outdoor sales described in the previous section, promotional outdoor sales events for non-profit organizations may occur on developed commercially zoned properties up to 28 days per year. A representative from the non-profit organization shall be the applicant. No less than five percent of the gross sales receipts generated by any outdoor sales event shall be donated to the non-profit organization identified on the application. The Director is hereby authorized to require verification, in any manner he or she deems acceptable, that such a donation has occurred.

5.    Deposit required. Each applicant for a promotional outdoor retail sales event shall post a $2,000 cashiers check with the City to offset any costs incurred by the City in removing illegal signs or otherwise conducting code enforcement associated with the sales event. The City shall return any unused portion of the amount specified above upon the sale termination.

6.    Authority to deny application. The Director of Community Development is hereby authorized to deny the application for any temporary sales event by persons or organizations to whom the City has previously issued a citation for violation of any part of this section.

D.    Temporary Use of Trailers or Other Structures. This Section provides regulations for the short-term non-residential use of trailers or other structures, said use typically associated with the displacement of businesses during renovation, equipment installation, or relocation. The purpose of these regulations is to accommodate short-term occupancies for defined time periods where a clear and legitimate need has been demonstrated and adverse visual and operational impacts will not result. On-site construction trailers are not subject to this Section but shall instead comply with Section 5.2 (m) of the City Code.

1.    Duration and permit requirements. Occupancy of a temporary trailer or other structure may occur for up to two years. A Conditional Use Permit shall be required for any temporary occupancy proposed to be in place longer than 180 days. The Conditional Use Permit shall specify the approved duration for each occupancy. No time extension beyond the two-year maximum shall be allowed. The temporary occupancy of the structure must cease, or the trailer must be removed at the end of the time period established in the Conditional Use Permit.

2.    Design requirements. No temporary trailer may be placed on a foundation or used for residential occupancy. All temporary trailers shall comply with the following minimum design requirements:

a.    Trailers proposed for 180 days or less. Trailers proposed to be in place 180 days or less shall meet the following minimum requirements:

1.    The trailer shall be located out of public view to the maximum extent possible.

2.    Where the trailer is visible from public streets, adjacent buildings, and adjacent land uses, it shall be screened with perimeter landscaping.

3.    The trailer shall incorporate skirting along all its visible sides. The Director may require that the trailer be painted to match other buildings on the same property if he or she determines that painting is necessary to avoid adverse visual impacts.

b.    Trailers proposed for more than 180 days. Trailers proposed for more than 180 days shall comply with the following requirements in addition to the requirements identified in (a) above:

1.    A trailer design visible from public view shall incorporate a raised parapet, mansard, or pitched roof.

2.    The trailer shall include an entry feature such as a porch or trellis.

3.    The trailer shall be sided with decorative horizontal siding material such as ship-lapped wood or vinyl.

4.    All mechanical equipment shall be screened.

3.    Surety requirement. The applicant shall provide the City with a cash deposit equal to 125 percent of the cost of removing the trailer. In the event the City undertakes removal of the trailer, the applicant shall pay all removal expenses incurred by the City, including, but not limited to, removal, transportation, storage, and staff time

E.    Temporary surface mining. Mining, excavation, and/or the removal of minerals or other natural materials (e.g., building and construction materials) to be used for commercial purposes may be allowed for a limited period in all non-residential zoning districts subject to Conditional Use Permit approval. In residential zoning districts surface mining may be allowed on any property that is at least five acres subject to Conditional Use Permit approval. (Ord. No. 2013-25, § 5; Ord. No. 2018-06, § 5.)

This Section establishes regulations for outdoor seating, storage, and merchandise display. The intent of this Section is to limit these uses to situations where there is no feasible alternative.

A.    Applicability. This Section shall not apply to the following:

1.    Outdoor temporary uses, which are instead addressed by Section 25.32.8 (Temporary Uses and Events).

2.    Sales or displays of merchandise by a group of merchants with a special event permit issued pursuant to Chapter 12A.12 of the City Code.

B.    Permit requirements. An application for Minor Discretionary Review shall be submitted to the Department prior to the establishment of any outdoor seating, storage, or merchandise display, unless a Conditional Use Permit is specifically required below or by any other part of this Ordinance. All applications shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

C.    Outdoor merchandise display. Unscreened outdoor merchandise display shall comply with the regulations of this Section. This Section shall also not apply to storage and display within an area screened pursuant to Section 25.32.9(E) below, nor shall this Section apply to the outdoor display of automobiles, trucks, machinery, or recreational vehicles lawfully displayed as part of an automobile, truck, machinery, or recreational vehicle dealership.

1.    Products allowed. No item shall be displayed except those lawfully displayed and sold inside the building on the property.

2.    Location. Merchandise displays shall observe the following regulations:

a.    No display shall occur on any public sidewalk or public right-of-way.

b.    All items displayed shall be located within 50 feet of the entrance(s) to the business associated with the display.

c.    No display shall occur in any landscape area, occupy any parking space, or interfere within on-site vehicle or pedestrian circulation. A four-foot wide pedestrian walkway shall be maintained at all time to comply with the standards established by the Americans with Disabilities Act.

3.    Area and height limit. The aggregate display area shall not exceed 25 percent of the linear frontage of the store front or 10 linear feet, whichever is greater. No outdoor display shall exceed six feet in height.

4.    Display hours. Items shall be displayed only during the hours that the establishment conducting the display is open to the public. Live plant material shall be exempt from this requirement.

5.    Vehicle Dealerships. Businesses may sell automobiles, trucks, campers, trailers, boats, and other similar large vehicles when on asphalt or Portland cement pavement, or other comparable surface that provides a durable dustless surface. All vehicle dealerships shall provide a minimum ten-foot-deep landscaped strip between the parking area, any driveways or display area, and the sidewalk.

6.    Outdoor sale and display of vehicles not associated with an approved car dealer. No vehicle shall be displayed for sale for longer than eight hours or sold on any commercially zoned property by any party except as part of an approved automobile dealership or a temporary promotional retail sale as outlined in this Section 25.32.8.

D.    Outdoor seating. Outdoor seating shall be permitted in conjunction with any restaurant or bar subject to the following regulations:

1.    Parking. When the number of outdoor seats is 25 percent or more of the indoor seats, additional parking spaces shall be required in compliance with Section 25.34 (Parking and Loading). This requirement shall not apply in any Parking Overlay district.

2.    Seating area maintenance. The seating area shall be cleaned at the conclusion of each business day.

3.    Seating in the HD, HDC, HO, HTD, or HWT zoning district. Seating in the HD, HDC, HO, HTD, and HWT zoning districts shall comply with the following regulations:

a.    Location. Seating shall be located on a sidewalk directly in front of the restaurant or store or within an alcove or designated pergola area, and shall not intrude across neighboring storefronts, unless written authorization from adjacent merchants is provided to the Department.

b.    Pedestrian clearance. A minimum four-foot clearance for pedestrian circulation shall be maintained between either the seating area and any building wall, or the seating area and any curb.

c.    Encroachment permit. An encroachment permit shall be required prior to the establishment of any outdoor seating within a public right-of-way.

E.    Outdoor storage. Any outdoor storage shall be subject to review and approval by the Community Development Department. Outdoor storage areas shall meet the applicable required landscape setback identified by this Ordinance and shall be screened as follows:

1.    General requirement by zoning district.

a.    Industrial. In any industrial zoning district, all outdoor storage areas shall be screened from any public right-of-way or adjacent residential land use by a solid wall at least six feet in height. A chain-link fence with slats is permitted where required screening is more than 250 feet from any public right-of-way or adjacent residential land use.

b.    All other non-residential zones. In any other zone where allowed, all storage areas shall be screened from public view on all sides, including all public rights-of-way and any adjacent properties by a decorative masonry or concrete wall or approved equal of at least six feet in height. All gates shall be of solid view-obstructing metal or other durable and sturdy materials acceptable to the Department.

c.    Storage of construction materials. Building materials storage for use in construction on the same premises may be stored on the site only during the time that a valid building permit is in effect for construction.

2.    Screening wall location requirements. Any screening wall required by this Section shall be placed in compliance with the regulations in Section 25.30.2 (Fences, Walls, and Hedges).

3.    Design. Any screen wall required by this Section shall be architecturally compatible with buildings on the site. If the wall faces a public street, a high quality design that incorporates design features from buildings on the site shall be required. (Ord. No. 2011-03, § 2; Ord. No. 2018-06, § 6.)

This Section establishes regulations for non-motorized vendor carts, which are small, light-weight, and often mounted on a single axle (two-wheeled) chassis. These regulations shall not apply to motorized vehicles where the operator serves patrons from within the vehicle, which are instead subject to the requirements of Chapter 5B of the City Code. Vendor carts are permitted on developed private property in all commercial and industrial districts with the written consent of the property owner, subject to the following requirements:

A.    Size. No cart shall exceed 48 inches in width (excluding wheels or wheel wells), six feet in length (excluding push handles or trailer tongue), and seven feet in height. The Director is authorized to grant minor deviations from these size requirements if the deviation is consistent with overall intent of this section.

B.    Location. Vendor carts shall be placed only on properties with a legally operating permanent retail business and shall comply with the following location criteria:

a.    The cart shall be located near the principal entrance of the building or business, and shall not be located within any required front or street side yard setback.

b.    The cart shall not block or displace any required parking for permanent on-site businesses; and

c.    The cart shall not interfere with vehicular and pedestrian movement or visibility, block required sight distances, or damage landscaped areas.

C.    Storage. The vendor shall remove the cart from the site, or store the cart indoors and out of public view at the end of each business day.

D.    Trash receptacles. The vendor shall provide receptacles for litter associated with the sales activity. The vendor shall leave the site in a clean state at the end of each business day.

E.    Additional permits. The vendor shall obtain all necessary permits, licenses, and inspections prior to conducting any business as may be required by the City, County, or State.

All Wind Energy Conversion Systems (WECS) shall be subject to the following requirements:

A.    Setbacks. All WECS shall comply with the following setbacks:

Table 25-16: Setbacks for Wind Energy Conversion Systems

NOTE: For purposes of measuring the setback requirements established in Table 25-16, 1/2 of the width of any abutting creeks, irrigation channels, permanent drainage canals or street rights-of-way which are in a public ownership may be counted towards meeting the required setbacks.

B.    Ladders. The base of tower ladder(s) or other climbing apparatus shall be a minimum of 12 feet above the ground.

C.    Guy Wires. As a part of the installation, all WECS that use guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.

D.    Noise. Any application for installation of a WECS shall be accompanied by data from the manufacturer or a competent acoustical consultant that documents the noise levels associated with its operation. No WECS shall be approved unless the noise levels comply with the appropriate policies of the Health and Safety Element of the General Plan.

E.    Operation. A WECS shall be maintained in operational condition at all times. Should a WECS become inoperable, or should any part of the WECS be damaged, the owner or operator shall remedy the situation within 90 days. If the City determines that the WECS owner or operator has not taken the action required above, the City may require the repair or removal of the WECS.

Small Boarding Houses shall obtain Zoning Clearance from the Community Development Department prior to establishment of a boarding house use.

Large Boarding Houses shall obtain a Zoning Clearance or a Conditional Use Permit, depending on the Zoning District, prior to initial establishment of the Large Boarding House use.

All boarding houses shall be subject to the following requirements:

1.    There shall be no exterior signage indicating the use.

2.    All boarding houses shall meet applicable housing, fire, and building codes.

3.    Boarding houses shall be separated by a minimum 300-foot distance from each other. No boarding house shall be located in the same block as another boarding house.

4.    Boarding houses shall provide one parking space for each household, lease, or payment arrangement. For boarding houses whose residents do not possess drivers˜ licenses or registered vehicles, the Community Development Director or his designee may waive or reduce this requirement. However, a change in tenancy may require parking spaces be provided for households with additional licenses or registered vehicles. Parking spaces shall meet the following requirements:

a.    At least two covered parking spaces shall be provided within a garage or accessory structure on the property.

b.    Driveways shall not exceed 60% of the width of the property frontage.

c.    Tandem parking may meet the parking requirements of this section.

d.    On street parking fronting only on the residential property may be used to meet the requirements of this section. (Ord. No. 2020-20, § 3.)

A.    General Requirements. Convenience markets with off-site alcoholic beverage sales shall meet the following requirements:

1.    Product types and packaging. The City may prohibit the separation of pre-packaged containers into single servings for sale or any alcoholic beverages in packages smaller than 5 ounces.

2.    Pay Telephones. All pay telephones shall be located inside the store, where store employees can monitor their use.

3.    Visibility into the store shall be maintained. The convenience market shall not have shelving systems, plywood, posters, advertising materials, or other opaque items adjacent to windows that collectively cover more than 20% of the surface area of the window or that block views into the store from the adjacent public street, sidewalk, or parking areas. Limited window advertising in compliance with the Fairfield Sign Ordinance may be approved at the discretion of the Director of Community Development

4.    Loitering. The convenience market operator shall enforce all loitering regulations.

5.    Hours of operation may be limited.

B.    Revocation of the Conditional Use Permit. The City may initiate Revocation of the Conditional Use Permit for violations including, but not limited to the following:

1.    Sales of alcoholic beverages to minors

2.    Arrests for prostitution; drug sales, possession, or consumption; or consumption of alcoholic beverages on the property.

3.    Public nuisances associated with the business and/or its customers. Public nuisance may include but are not limited to public drunkenness, public urination, excessive noise, harassment of passersby, off site litter attributable to the market, DUI arrests, open container violations, and other violations of law on the premises or associated with customers of the convenience market.

4.    Failure to enforce loitering regulations.

All condominium conversions that involve the conversion of rental multifamily housing to condominiums, community apartments, or stock cooperatives shall require a Conditional Use Permit subject to the following requirements:

1.    Compliance with all requirements of the Fairfield Condominium Conversion Ordinance, Chapter 25, Article IV of the Fairfield City Code.

2.    The applicant must enter into a written agreement requiring at least ten percent (10%) of the total number of units be sold to and occupied by Moderate-Income Households and at least five percent (5%) of the total number of units be sold to and occupied by Low-Income Households (the “Affordable Units"). As outlined in subsection 6 below, the affordability of these units shall be preserved for at least forty-five (45) years. Fractional units shall be rounded up to the nearest whole number.

3.    A Moderate-Income Household is defined as a household whose aggregate income for all household members does not exceed one hundred twenty percent (120%) of the median income adjusted for household size for a household in Vallejo-Fairfield MSA, California, as published by the United States Department of Housing and Urban Development ("HUD"), while a Low-Income Household is defined as a household whose aggregate income for all household members does not exceed eighty percent (80%) of the median adjusted for household size. In the event that HUD has not updated such information in the past eighteen (18) months or has otherwise ceased to publish such information, then the City may use or develop such other reasonable methods as it may choose in order to determine the income, adjusted for household size, for Moderate-Income and Low-Income Households.

4.    The maximum sales price for each Affordable Unit shall be calculated by the Director of Community Development. The maximum sales price shall be the price at which the monthly cost of ownership does not exceed the Affordable Housing Cost, as defined in Health and Safety Code Section 50052.5 or any successor thereto for moderate- and low-income households, adjusted for family size appropriate for the unit. These maximum sales prices shall be provided to the applicant within thirty (30) days of receipt of a complete application (including a projection of monthly homeowners’ association dues) for conversion.

5.    The applicant shall pay all costs associated with qualifying eligible households for the initial purchase of the Affordable Units. The applicant shall preliminarily review eligibility of proposed purchasers. However, the City must provide final approval of all purchasers of an Affordable Unit.

6.    All Affordable Units shall be sold with a forty-five (45) year affordability covenant that restricts the sale of the unit to a low- or moderate-income buyer in accordance with Health and Safety Code Section 50052.5 or any successor thereto. Such covenants shall be prepared by the City Attorney, with reimbursement by the applicant.

7.    Alternatives to Dedication of Units and In-Lieu Fees

a.    At the sole discretion of the City, the Applicant may satisfy the requirements of this section by paying an In-Lieu Fee or providing another acceptable alternative. The In-Lieu Fee shall be equal to the difference between the current median market sales price of the dwelling unit with the largest number of bedrooms in the project and the maximum sales price of that same dwelling to a qualified moderate- or low-income buyer, as of the date of approval of the Use Permit.

b.    For projects with fewer than ten (10) total units, one moderate-income unit shall be provided. The In-Lieu Fee for the fractional low-income unit required may be calculated by multiplying the fraction by the In-Lieu Fee as calculated in Subsection 7.a. above.

8.    The Director of Community Development may impose additional conditions, as required by the circumstances.

All aquaculture facilities shall develop and implement an odor control program to reduce the emission of odors and eliminate impacts at property line to imperceptible levels, including during high wind periods. (Ord. No. 2009-15, § 2.)

Personal Care and Domestic Services - Limited shall comply with the following requirements:

1.    If the proposed personal care and domestic service business - limited use is located on a block with residential uses, the City may limit hours of operation.

2.    Lighting shall be designed and located so as to not interfere with adjoining residential or commercial uses.

3.    Business owners shall discourage unnecessary loitering outside business premises. (Ord. No. 2009-17, § 2.)

A.    Purpose. In enacting this Section, it is the intent of the Fairfield City Council to protect the safety and welfare of the general public. The City Council finds providing access to adult-use cannabis for persons aged 21 and over, while imposing reasonable regulations to protect the City’s residents, neighborhoods, and businesses from any harmful impacts, to be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). The purpose of this Section is to prohibit outdoor cannabis cultivation from occurring in the City; to reasonably regulate indoor personal cultivation of cannabis consistent with State law; and to permit commercial cannabis activities subject to the rules and requirements of Fairfield Municipal Code Chapters 10E and 10F.

B.    Definitions. For the purposes of this Section, the following definitions shall apply. All citations to State law shall refer to the act, statute, or regulation as may be amended from time to time.

    “Cannabis” means marijuana and all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medical, adult-use, or other purposes. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not include industrial hemp, as defined in Health and Safety Code section 11018.5.

    “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

    “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult-use, or any other purpose and includes the activities of any business licensed by the State or other government entity under the MAUCRSA, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Health and Safety Code section 11362.765.

    “Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.

    “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

    “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.

    “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the Business and Professions Code.

    “Fully enclosed and secure structure” means a space within a building, greenhouse or other structure that satisfies all of the following criteria: (i) has a complete roof enclosure supported by connecting walls extending from the ground to the roof; (ii) is secure against unauthorized entry; (iii) provides complete visual screening; (iv) is accessible only through one or more lockable doors; and (v) is inaccessible to minors.

    “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

    “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the Business and Professions Code.

    “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

    “Primary caregiver” shall have the same meaning as in Health and Safety Code section 11362.7(d).

    “Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence.

    “Qualified patient” means a person who is entitled to the protections of Health and Safety Code section 11362.5, but who does not have an identification card.

C.    Prohibitions.

1.    Except as specifically authorized by Chapter 10E of the Fairfield Municipal Code, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution, and transportation (other than as provided under Business and Professions Code Section 26090(e)) of cannabis or cannabis products is expressly prohibited in the City.

2.    No person may engage in any commercial cannabis business or in any commercial cannabis activity within the City, including cultivation, manufacture, processing, laboratory testing, distributing, dispensing, or sale of cannabis or a cannabis product, unless the person (1) has a valid commercial cannabis business permit or delivery permit from the City, as applicable; (2) has a valid State license; and (3) is currently in compliance with all applicable State and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities.

3.    Outdoor cannabis cultivation is expressly prohibited in the City.

4.    Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except as specified in subsection E below.

D.    Exceptions.

1.    Nothing in this Section shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1.

2.    Nothing in this Section shall prohibit any commercial cannabis activity that is permitted by the City pursuant to the requirements of Fairfield Municipal Code Chapter 10E.

3.    Nothing in this Section shall prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to Business and Profession Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.

E.    Indoor Cannabis Cultivation. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis, except in strict compliance with the requirements set forth below:

1.    Only persons twenty-one (21) years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code sections 11362.1 and 11362.2.

2.    Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds at a private residence. Cultivation is permitted only within fully enclosed and secure structures.

3.    Cannabis cultivation shall be limited to six (6) plants total, whether immature or mature, regardless of how many individuals reside at the private residence.

4.    Cannabis cultivation, including any lighting, plumbing, or electrical components used for cultivation, shall comply with Chapter 5 (Building and Housing), Chapter 7 (Electricity), Chapter 8 (Fire Protection), and Chapter 22 (Water) of the City Code. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and Ozone generators for cannabis cultivation is prohibited. Any fully enclosed and secure structure or private residence used for cultivation must have proper ventilation and shall not create a humidity or mold problem in violation of the City Code or applicable state health and safety codes.

5.    Cannabis cultivation shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property.

6.    The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

7.    Cannabis cultivation shall not displace required off street parking or violate any other provisions of the City Code.

8.    Written consent of the property owner must be obtained prior to the commencement of cannabis cultivation.

F.    Permissive Zoning. Nothing in this Section shall be interpreted to the effect that the City’s permissive zoning scheme allows any other use not specifically listed therein.

G.    Enforcement.

1.    In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the above, no provision of this Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.1, et seq., or section 11362.71, et seq. In the event of any conflict between the penalties set forth in the City Code and the penalties set forth in State law, the maximum penalties allowable under State law shall govern.

2.    Each and every violation of the provisions of this Section is hereby deemed unlawful, a public nuisance, and an immediate threat to public health, safety, and welfare. Pursuant to Government Code section 53069.4, subdivision (a)(1)(B), the immediate imposition of fines or penalties pursuant to this Section are to protect the public health, safety, and welfare against unlawful cannabis activity and other violations herein because they pertain to zoning, health, or safety provisions of the City Code.

3.    Administrative penalties for violations of this chapter are governed by Chapter I, Article II, except for the following:

a.    Anyone who cultivates an excess of six (6) cannabis plants on any parcel may be subject to an immediate imposition of an administrative penalty of $500.00 per plant, per day, for each plant in excess of the number of plants allowed herein.

b.    A violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements that exists as a result of, or to facilitate, the illegal cultivation of cannabis may be subject to an immediate imposition of an administrative penalty of $500.00 per violation, per day.

4.    Penalty imposition may be delayed and a property owner shall be permitted fifteen (15) calendar days to correct violations of this Section if all of the following conditions are met:

a.    The property where the cultivation is occurring is being rented or leased and a tenant is in possession.

b.    The property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

c.    The property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information provided the property owner or agent with actual notice of the illegal cannabis cultivation.

5.    Any cannabis cultivation in violation of this Section is also subject to the California Uniform Controlled Substances Act (Division 10 of the California Health and Safety Code), including the provisions in Chapter 8, (commencing with Section 11469) relating to the seizure, forfeiture, and destruction of property. (Ord. No. 2016-02, § 5; Ord. No. 2016-03, § 4; Ord. No. 2016-19, § 2; Ord. No. 2017-02, § 1; Ord. No. 2017-19, § 1; Ord. No. 2020-14, § 2; Ord. No. 2022-01, § 2.)

A.    Definitions. For the purposes of this chapter, Assisted Living Facilities are a residential land use that provides individual dwelling units supplemented with limited nursing and other services available on site. Assisted living facilities typically have group facilities for dining and cooking, centralized food service, and can offer social programs and other group amenities.

B.    Development and design regulations. Assisted living facilities shall meet the multifamily standards in Tables 25-4 or 25-5 except the City of Fairfield may approve project-specific deviations from the following standards or in the following ways:

1.    Total project open space may be reduced in exchange for improved project amenities, design enhancements, and landscaping.

2.    The number and design of recreational amenities.

3.    Car wash facilities.

4.    Required storage space.

5.    Total parking spaces will be determined by the reviewing authority based on the specific population served by the facility.

6.    Project density and total number of units. (Ord. No. 2018-03, § 10.)

A.    Purpose and Applicability. The purpose of this section is to establish criteria for the location of temporary shelters at existing religious or assembly use facilities that assure compatibility of shelter activities with surrounding uses and provide a safe place for individuals and families to obtain temporary shelter.

B.    Definition of Temporary Shelter. A temporary shelter is a facility, building, or room used to provide short-term shelter to individuals experiencing homelessness, which may include but is not limited to beds (including overnight accommodations), food, and social services. A temporary shelter differs from a homeless shelter, as defined in Section 25.50, in that a temporary shelter is a short-term use of an existing space for a limited timeframe.

C.    Location.

1.    Temporary shelters are permitted as an ancillary use within any zoning district, provided that they are located at an existing church or other place of worship or at an existing assembly use and meet the requirements of this section. As an ancillary use, temporary shelters shall be subordinate to or part of the principal assembly use at the existing religious or other assembly facility.

2.    A temporary shelter may not be located within 1,000 feet of any other temporary shelter or homeless shelter that is permitted to operate during the same time-period.

D.    Temporary Shelter Permit. No temporary shelter may be established or maintained unless and until a temporary shelter permit has been issued pursuant to Chapter 5A of the Fairfield Municipal Code, the temporary shelter permit is in full force and effect, and a temporary certificate of occupancy has been issued. (Ord. No. 2020-19, § 2.)

The purpose and intent of this section is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of Wireless Telecommunications Ffacilities in the City of Fairfield. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with Wireless Telecommunications Facilities. These regulations are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced Wireless Services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This section provides standards necessary to: (1) preserve and promote harmonious land uses and the Public Right-of-Way in the city; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the city consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of Wireless Telecommunications Facilities in accordance with the state and federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of Wireless Telecommunications Facilities. Further specific design and deployment standards and guidelines for Small Cell Wireless Facilities may be promulgated by the Director of Public Works and/or the Director of Community Development (Community and Economic Development), from time to time, pursuant to this section.

This section is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any Personal Wireless Service provider’s ability to provide Personal Wireless Services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for Rights-of-Way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct, or modify Personal Wireless Service Facilities on the basis of environmental effects of radio frequency emissions to the extent that such Wireless Facilities comply with the Federal Communications Commission’s (FCC) regulations concerning such emissions; (5) prohibit any Collocation or Modification that the City may not deny under federal or state law; or (6) otherwise authorize the City to preempt any applicable federal or state law. (Ord. No. 2021-09, § 3.)

For the purposes of this section, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.

A.    “Accessory Equipment” means any Equipment associated with the installation of a Wireless Telecommunications Facility, including but not limited to cabling, generators, air conditioning units, electrical panels, Equipment shelters, Equipment cabinets, Equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

B.    “Antenna” means that part of a Wireless Telecommunications Facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of services, including, but not limited to, Cellular, paging, personal communications services (PCS), and microwave communications. Such devices include, but are not limited to, directional antennas, such as panel antenna, microwave dishes, and satellite dishes; omnidirectional antennas; wireless access points (Wi-Fi); and strand-mounted wireless access points. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

C.    “Base Station” means the same as defined by the FCC in 47 C.F.R. § 1.6100 (b)(1), as may be amended, which defines that term as a structure or Equipment at a fixed location that enables commission-licensed or authorized wireless communications between user Equipment and a communications network. The term does not encompass a Tower as defined in this subpart or any Equipment associated with a Tower.

1.    The term includes, but is not limited to, Equipment associated with Wireless Communications Services such as private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul.

2.    The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable Equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

3.    The term includes any structure other than a Tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses Equipment described in subsections (C)(1) or (2) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

4.    The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house Equipment described in subsections (C)(1) or (2) of this section.

D.    “Building-mounted” means mounted to the side or facade, but not the roof, of a building or another structure such as a water tank, pump station, church steeple, freestanding sign, or similar structure.

E.    “Cellular” means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell Sites.

F.    “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as the mounting or installation of Transmission Equipment on an Eligible Support Structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

G.     “Concealed Facility” means a communications facility which is designed to blend with the surrounding environment. Typically a Concealed Facility is architecturally integrated into a building or structure such as a panel integrated into the railing of a balcony or stairway; the design of the Antennas is visually integrated into the building or structures or visually compatible with the building or structure design; a panel or panels placed on the inside of a sign; or is freestanding and, as an example, is designed to resemble a tree or other natural structure.

H.    “Eligible Facilities Request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as any request for Modification of an Existing Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station, involving: (i) Collocation of new Transmission Equipment; (ii) removal of Transmission Equipment; or (iii) replacement of Transmission Equipment.

I.    “Eligible Support Structure” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as any Tower or Base Station as defined in this section, provided that it is Existing at the time the relevant application is filed with the state or local government under this section.

J.    “Equipment” means Antennas and any associated utility or Equipment box, and battery backup, transmitters, receivers, radios, amplifiers, ancillary fiber-optic cables and wiring, and ancillary Equipment for the transmission and reception of radio communication signals for video, voice, and other data transmission, including the means and devices used to attach Equipment to a structure, peripherals, and ancillary Equipment and installations, including wiring, cabling, power feeds, and any approved signage attached to Equipment.

K.    “Existing” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended, which provides that a constructed Tower or Base Station is Existing for purposes of the FCC’s Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a Tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is Existing for purposes of this definition.

L.    “FCC” means the Federal Communications Commission or its duly appointed successor agency.

M.    “Modification” means any change to an Existing Wireless Telecommunications Facility that involves any of the following: Collocation, expansion, Modification, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, a change in size, shape, color, visual design, or exterior material. Modification does not include repair, replacement, or maintenance if those actions do not involve a change to the Existing facility involving any of the following: Collocation, expansion, Modification, alteration, enlargement, intensification, reduction, or augmentation.

N.    “Monopole” means a structure consisting of a single pole used to support Antennas or related Equipment and includes a monopine, monoredwood, and similar Monopoles camouflaged to resemble trees or other objects.

O.    “Personal Wireless Services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed Wireless Services, and common carrier wireless exchange access services.

P.    “Personal Wireless Service Facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide Personal Wireless Services.

Q.    “Pole” means a single shaft of wood, steel, concrete, or other material capable of supporting the Equipment mounted thereon in a safe and adequate manner and as required by provisions of the Fairfield Zoning Code. Poles are typically installed by public or private utilities to distribute electricity or communications signals and are typically although not exclusively found within Public Rights of Way. Pole is distinguished here from “Monopoles” (defined above) or Towers.

R.    “Public Right-of-Way” or “Right-of-Way” means any public street, public way, public alley or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the City.

S.    “Reviewing Authority” means the person or body who has the authority to review and either grant or deny a Wireless Telecommunications Facility permit pursuant to this section.

T.    “RF” (or “EMF”) means radio frequency or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

U.    “Roof-mounted” means mounted directly on the roof of any building or structure, above the eave line of such building or structure.

V.    “Section 6409(a)” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as such law may be amended from time to time.

W.    “Section 6409(a) Approval” means the approval required by Section 6409(a).

X.    “Site” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that for Towers other than Towers in the Public Rights-of-Way, the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the Site, and, for other Eligible Support Structures, further restricted to that area in proximity to the structure and to other Transmission Equipment already deployed on the ground.

Y.    “Substantial Change” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended, which defines that term differently based on the particular Wireless Facility type (Tower or Base Station) and location (in or outside the Public Right-of-Way). For clarity, this definition organizes the FCC’s criteria and thresholds for a Substantial Change according to the Wireless Facility type and location.

1.    For Towers outside the Public Rights-of-Way, a Substantial Change occurs when:

a.    the proposed Collocation or Modification increases the overall height of the Tower more than 10% or 20 feet (whichever is greater); or

b.    the proposed Collocation or Modification increases the width of the Tower more than 20 feet; or

c.    the proposed Collocation or Modification involves the installation of more than the standard number of Equipment cabinets for the technology involved, not to exceed four; or

d.    the proposed Collocation or Modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless Tower, including any access or utility easements currently related to the Site.

2.    For Towers in the Public Rights-of-Way and for all Base Stations, a Substantial Change occurs when:

a.    the proposed Collocation or Modification increases the overall height more than 10% or 10 feet (whichever is greater); or

b.    the proposed Collocation or Modification increases the width more than 6 feet from the edge of the wireless Tower or Base Station; or

c.    the proposed Collocation or Modification involves the installation of any new Equipment cabinets on the ground when there are no Existing ground-mounted Equipment cabinets; or

d.    the proposed Collocation or Modification involves the installation of any new ground-mounted Equipment cabinets that are ten percent (10%) larger in height or volume than any Existing ground-mounted Equipment cabinets; or

e.    the proposed Collocation or Modification involves excavation outside the area in proximity to the structure and other Transmission Equipment already deployed on the ground.

3.    In addition, for all Towers and Base Stations wherever located, a Substantial Change occurs when:

a.    the proposed Collocation or Modification would defeat the Existing concealment elements of the support structure, as determined by the Director Of Public Works Or The Director Of Community Development (Community And Economic Development), as applicable; or

b.    the proposed Collocation or Modification violates a prior condition of approval, provided however that the Collocation need not comply with any prior condition of approval related to height, width, Equipment cabinets or excavation that is inconsistent with the thresholds for a Substantial Change described in this section.

4.    “Substantial Change” is deemed to occur when any one of the thresholds above is exceeded. The thresholds for height increases are cumulative limits.

a.    For Sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless Equipment not included in the original design.

b.    For Sites with vertically separated deployments, the cumulative limit is measured from the permitted Site dimensions as they existed on February 22, 2012 – the date that Congress passed Section 6409(a).

Z.    “Small Wireless Facility” means those facilities defined by 47 C.F.R. Section 16002(l) as may be amended and subject to the regulations as set forth in this Section 25.33.

AA.    “Telecommunications Tower” or “Tower” means a freestanding mast, Pole, Monopole, guyed Tower, lattice Tower, free standing Tower, or other structure designed and primarily used to support Wireless Telecommunications Facility Antennas.

AB.    “Transmission Equipment” means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as Equipment that facilitates transmission for any FCC-licensed or authorized Wireless Communication Service, including, but not limited to, radio transceivers, Antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes Equipment associated with Wireless Communications Services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed Wireless Services and fixed Wireless Services such as microwave backhaul.

AC.    “Utility Pole” means a Pole or Tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

AD.    “Wireless Services” means any FCC-licensed or authorized Wireless Communication Service transmitted over frequencies in the electromagnetic spectrum.

AE.    “Wireless Telecommunications Facility” means any facility constructed, installed, or operated for Wireless Service. “Wireless Telecommunications Facility” includes, but is not limited to, Antennas or other types of Equipment for the transmission or receipt of such signals, Telecommunications Towers or similar structures supporting such Equipment, related Accessory Equipment, Equipment buildings, parking areas, and other accessory development.

AF.    “Director of Public Works” means the city Director Of Public Works.

AG.    “Director of Community Development” means the department head in charge of the Community Development Department. (Ord. No. 2021-09, § 3.)

This section applies to all Wireless Telecommunications Facilities as follows:

A.    All facilities for which applications were not approved prior to the effective date of this section shall be subject to and comply with all provisions of this section.

B.    All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this section governing the operation and maintenance, cessation of use and abandonment, removal and restoration of Wireless Telecommunications Facilities and Wireless Telecommunications Collocation Facilities and the prohibition of dangerous conditions or obstructions by such facilities; provided, however, that in the event a condition of approval conflicts with a provision of this section, the condition of approval shall control unless and until the permit is amended or revoked.

C.    Public Utilities. Notwithstanding any provision of the Fairfield Municipal Code to the contrary, provisions governing the installation of a public utility facility or Accessory Equipment shall not apply to Wireless Telecommunications Facilities. This Section 25.33 shall govern all applications for Wireless Telecommunications Facilities.

D.    Exempted Facilities. The following facilities are exempt from the requirements of this Section 25.33, and may be located in any zoning district, except property within a designated historic district, or a designated historic building:

1.    Mobile news services providing public information coverage of news events of a temporary nature, not to exceed a time period of 72 hours.

2.    Temporary facilities, including mobile facilities such as Cellular-on-Wheels (COWs) or Cellular-on-Light-Trucks (COLTs), for a time period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster the Director Of Community Development shall be responsible for determining whether an event qualifies as a community-wide emergency or natural disaster and has the authority to approve extensions of time for good cause shown, not to exceed two 60-day extensions.

3.    No more than two ground- or Building-mounted receive-only radio or television Antennas including any mast, for the sole use of the tenant occupying a residential parcel on which they are located, with a height not exceeding that established for the appurtenant zone district.

4.    Temporary testing facilities to establish the necessary height of a permanent telecommunication tower facility, not to exceed a time period of 48 hours.

5.    A ground- or Building-mounted citizens band or other radio Antenna with a height not exceeding that established for the applicable zoning district. All citizens band and other radio Antennas lawfully in existence at the time of adoption of this Ordinance shall also be considered exempt from this section. Where applicable, building permits shall be required for freestanding radio Antennas.

6.    In a commercial or industrial zoning, up to three Antennas or three dishes, not exceeding eight feet in diameter, for the sole use of the occupant of the subject property, provided all structures are completely screened from view from the Public Right-of-Way and from adjacent property.

7.    Amateur radio station facilities, provided all Antennas and supporting structures meet the following requirements:

a.    Only one amateur radio station facility shall be installed on any single parcel, and all fixed radio Equipment, Antennas and Antenna support structures so installed shall be included as part of that single facility.

b.    All fixed radio Equipment, Antennas and Antenna support structures shall comply with setback, lot coverage and other standards, except height, required in the zone district where it is located.

c.    In all residential zone districts, the height of the supporting Tower shall not be more than 35 feet above natural grade when the station is not in use, and not more than 75 feet above natural grade when the station is in use.

d.    In non-residential zone districts, the height of the supporting Tower shall not be more than 75 feet above natural grade at any time.

e.    Multiple Antennas shall be grouped so as not exceed 16 square feet in area where feasible.

8.    Facilities owned and operated by public agencies and utility companies that are receive-only or receive-and-transmit telemetry station Antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations or irrigation systems, provided the heights of such facilities do not exceed 35 feet, and any dish which does not exceed 24 inches in diameter.

9.    Temporary facilities for use during the repair or reconstruction of the Existing building or other Existing nonresidential structure for up to 60 days, provided that they are no taller than the Existing facilities and can demonstrate compliance with Federal RF guidelines. The Director is authorized to grant extensions of time for good cause shown.

Any facilities exempted from Section 25.33 shall nonetheless obtain any required building permits. (Ord. No. 2021-09, § 3.)

A.    Permit required. No Wireless Telecommunications Facility shall be located or modified within the City on any property, including the Public Right-of-Way, without the issuance of a permit as required by this section as set forth in the table below. Such permit, which shall be referred to as a “Wireless Telecommunications Facility Permit,” shall be in addition to any other permit required pursuant to the Fairfield Municipal Code.

1.    Installation in Public Right of Way. Wireless telecommunication permits for installations in the Public Right of Way shall be issued by the Department of Public Works through the encroachment permit process, subject to the procedures of this section.

2.    Installation Outside the Public Right of Way. Wireless telecommunication permits for installations outside the Public Right of Way, including on City-owned land, shall be issued as a zoning entitlement by the Community Development Department, subject to the procedures of this section. (Ord. No. 2021-09, § 3.)

For the purposes of this section, Wireless Telecommunication Facilities shall be grouped into one of the following four categories: Exempt, Minor, or Major, and within the Public Right-of-Way or located on City property.

A.    Exempt Facilities. Exempt Facilities are those Wireless Facilities exempted from this ordinance by Section 25.33.3.D. above. All Exempt Facilities shall require zoning clearance in accordance with Section 25.40.2, unless it is specified in this article that no approval is required.

B.    Minor Facilities. Wireless Telecommunication Facilities are Minor Facilities if they are proposed to be located outside the Public Right of Way and/or meet the definition of “Concealed Facility” contained in Section 25.33.2.G. Unless otherwise made applicable below, this section does not apply to new freestanding structures and flagpoles. Minor Facilities shall require a minor discretionary review approval from the Community Development Department.

C.    Major Facilities. A Wireless Telecommunication Facility that is proposed to be located outside the Public Right of Way and that does not meet the definition of an Exempt Facility or a Minor Facility is a Major Facility. Examples include new freestanding Monopoles or Towers, or any Wireless Telecommunication Facility not designed as a Concealed Facility. All Major Facilities shall require conditional use permit (CUP) approval from the zoning administrator unless the Director determines that the project is of scope or scale to warrant full public review before the planning commission in accordance with the procedures and findings established in Section 25.40.5 of this Ordinance.

D.    Facilities within the Public Right of Way. A Wireless Telecommunication Facility may be located in the Public Right-of-Way subject to the requirements of an encroachment permit and the standards and requirements of this Ordinance, City policies including its Small Cell Design and Deployment Standards, and any leases or agreements entered into with the City proposed by the applicant.

No approval granted under this section shall confer any exclusive right, privilege, license, or franchise to occupy or use the Public Right-of-Way of the City for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title. (Ord. No. 2021-09, § 3.)

A.    Application content. All applications for a permit required by this section must be made in writing on such form as the Director of Public Works and the Director of Community Development prescribes for their respective departments. Applications shall include the following information, in addition to all other information determined necessary by the Director of Public Works or the Director of Community Development.

1.    Full name and contact information for the facility owner, facility operator, agent (if any), and property owner, and related letter(s) of authorization.

2.    The type of facility, including a full written description of the proposed facility, its purpose and specifications.

3.    A detailed Site and engineering plan of the proposed facility containing the exact proposed location of the facility, created by a qualified licensed engineer and in accordance with requirements set by the Director of Public Works.

4.    Photographs of facility Equipment and an accurate visual impact analysis with photo simulations.

5.    Completion of an RF exposure guidelines checklist, and proof of all applicable licenses or other approvals required by the FCC.

6.    If the application is for a facility that will be located within the Public Right-of-Way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the Right-of-Way, and provide a copy of its certificate of public convenience and necessity (CPCN), if a CPCN has been issued by the California Public Utilities Commission.

7.    A written description identifying the geographic service area for the subject installation. As part of a master lease agreement negotiated by the applicant and the City, the City may require information on anticipated future installations and Modifications.

8.    A written report that analyzes acoustic levels for the proposed Wireless Telecommunications Facility and all associated Equipment including without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators in order to demonstrate compliance with any noise control provisions in the Fairfield Municipal Code. The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed Equipment relative to all adjacent property lines. In lieu of a written report, the applicant may submit evidence from the Equipment manufacturer that the ambient noise emitted from all the proposed Equipment will not, both individually and cumulatively, exceed the applicable limits.

9.    If the applicant claims it requires an exception to the requirements of this section, all information and studies necessary for the City to evaluate that claim.

10.    An application and processing fee and a deposit for a consultant review as set forth in paragraph (2) of this section.

11.    Any other studies or information determined necessary by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be.

12.    All materials required by Section 25., Article I, Section 25.40.4 “Minor Discretionary Review,” and/or Section 25, Article I Section 25.40.6 “Conditional Use Permit” if applicable.

B.    Independent expert. The Director of Public Works and/or the Director of Community Development (Community and Economic Development), as applicable, is authorized to retain on behalf of the City an independent, qualified consultant to review any application for a permit for a Wireless Telecommunications Facility to review the technical aspects of the application, including but not limited to the following matters:

1.    The accuracy, adequacy, and completeness of submissions.

2.    Compliance with applicable radio frequency emission standards.

3.    The validity of conclusions reached or claims made by applicant.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution. (Ord. No. 2021-09, § 3.)

A.    Purpose. The purpose of this section is to provide guidelines to applicants and the Reviewing Authority regarding the preferred locations and configurations for Wireless Telecommunication Facilities in the City, provided that nothing in this section shall be construed to permit a Wireless Telecommunication Facility in any location or configuration that it is otherwise prohibited by this section.

B.    Review of Location and Configuration. The Reviewing Authority shall consider the extent to which a proposed Wireless Telecommunication Facility complies with these preferences and whether there are feasible alternative locations or configurations to the proposed facility that are more preferred under this section. If the location or configuration of a proposed facility qualifies for two or more categories of preferred locations or configurations, it shall be deemed to belong to the least preferred category.

C.    Order of Preference – Configurations. The order of preference for the configuration for Wireless Telecommunication Facilities located outside the Public Right of Way from most preferred to least preferred is:

1.    Collocation with Existing facilities.

2.    Building-mounted.

3.    Roof-mounted.

4.    Mounted on a new Telecommunication Tower.

The order of preference for the configuration of Wireless Telecommunications Facilities within the Public Right of Way from most preferred to least preferred is:

1.    Mounted on an Existing Pole or Utility Pole.

2.    Mounted on a new Pole or Utility Pole replacing an Existing Pole or Utility Pole.

3.    Mounted on a new Pole or Utility Pole that meets the spacing and separation requirements of this Section 25.33.

D.    Order of Preference – Location. Locational preferences for Wireless Telecommunications Facilities from most preferred to least preferred is:

1.    Non-Residential zones.

2.    In the Public Right-of-Way, with Non-Residential zones as closest adjacent zone.

3.    Any Public Right-of-Way.

4.    Any other zone.

E.    Accessory Equipment. In order of preference from most preferred to least preferred, Accessory Equipment for Wireless Telecommunication Facilities and Wireless Telecommunications Collocation Facilities shall be located underground, within a building or structure, on a screened roof top area or structure, or in a rear yard if not readily visible from surrounding properties and the roadway, unless the Reviewing Authority finds that another location is preferable under the circumstances of the application. (Ord. No. 2021-09, § 3.)

A.    Basic requirements. The design and development standards set forth in this section apply to all Wireless Telecommunications Facilities no matter where they are located. Wireless telecommunications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section.

B.    No speculative facilities. A Wireless Telecommunications Facility, Wireless Telecommunications Collocation Facility, or a Telecommunications Tower, which is built on speculation and for which there is no wireless tenant is prohibited within the City.

C.    General guidelines. The applicant shall employ least intrusive design possible and minimize facility footprint within in the Right-of-Way as possible but in no event shall exceed the limits, or extend beyond the Public Right-of-Way into private property, prescribed in this section unless otherwise permitted in writing by the public works city engineer.

D.    Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

E.    Antennas. The applicant shall use the least visible Antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent reasonably feasible. All Antenna mounts shall be designed so as not to preclude possible future Collocation by the same or other operators or carriers. Antennas shall be situated as to reduce visual impact without compromising their function. Whip Antennas need not be screened.

F.    Landscaping. Where appropriate, facilities shall be installed so as to maintain and enhance Existing landscaping on the Site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the City to provide screening or to block the line of sight between facilities and adjacent uses.

G.    Signage. Wireless Telecommunications Facilities and Wireless Telecommunications Collocation Facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

H.    Lighting. No Wireless Telecommunications Facility may be illuminated unless either specifically required by the Federal Aviation Administration or other government agency or in association with the illumination of an athletic field on City or school property. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as Telecommunications Towers, lattice Towers, and Monopoles.

I.    Noise. All Wireless Telecommunication Facilities must comply with the applicable Noise Regulations prescribed by Article 5 of Section 25 as well as the following regulations:

1.    Each Wireless Telecommunications Facility and Wireless Telecommunications Collocation Facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

2.    Backup generators shall only be operated during periods of declared public service power interruptions and other power outages, and shall not be tested on weekends or holidays, or between the hours of 5:00 p.m. and 7:00 a.m.

J.    Security. Each Wireless Telecommunications Facility and Wireless Telecommunications Collocation Facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, unauthorized climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The Reviewing Authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location or accessibility, a facility has the potential to become an attractive nuisance.

K.    Modification. At the time of Modification of a Wireless Telecommunications Facility, Existing Equipment shall, to the extent feasible, be replaced with Equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the Equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. (Ord. No. 2021-09, § 3.)

A.    Basic Requirements. Facilities located outside the Public Right-of-Way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

B.    No parking interference. In no event shall the installation of facilities replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required.

C.    Roof-mounted facilities. Roof-mounted facilities shall be designed and constructed to be fully concealed or screened in a manner compatible with the Existing architecture of the building the facility is mounted to in color, texture, and type of material. Screening shall not increase the bulk of the structure nor alter the character of the structure.

D.    New Telecommunications Towers. New Telecommunications Towers shall be located in close proximity to Existing above-ground utilities, such as electrical Towers or Utility Poles (which are not scheduled for removal or under grounding for at least 18 months after the date of application), light Poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.

1.    Telecommunications Tower, including, but not limited to, attached Antennas and Equipment, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and potential future co-locators and meet FCC requirements. The applicant shall provide documentation satisfactory to the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, establishing compliance with this paragraph. In any event, facilities mounted to a Telecommunications Tower shall not exceed the applicable height limit for structures in the applicable zoning district.

2.    Aside from the Antenna itself, no additional Equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the Telecommunications Tower and as feasible without jeopardizing the physical integrity of the Tower.

3.    Monopole installations shall be situated so as to utilize Existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

4.    All visible Antenna components and Accessory Wireless Equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background or Existing architectural elements so as to visually blend in with the surrounding development. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures to the satisfaction of the Community Development Department.

5.    If a faux tree is proposed for the Monopole installation, it shall be of a type of tree compatible with those Existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

E.    Accessory Equipment. All Accessory Equipment associated with the operation of any Wireless Telecommunications Facility shall be fully screened or camouflaged using subdued colors (earth tone, gray and/or flat finish), and located in a manner to minimize their visibility to the greatest extent possible utilizing the following methods for the type of installation:

1.    Accessory Equipment for Roof-mounted facilities shall be installed inside the building to which it is mounted or underground, if feasible. If not feasible, such Accessory Equipment may be located on the roof of the building that the facility is mounted on, provided that both the Equipment and screening materials are painted the color of the building, roof, or surroundings. All screening materials for Roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure and comply with the applicable regulations prescribed by Section 25.30.3.

2.    Accessory Equipment for facilities mounted to a Telecommunications Tower shall be visually screened by locating the Equipment either within a nearby building, in an underground vault (with the exception of required electrical panels) or in another type of enclosed structure, which shall comply with the development and design standards of the zoning district in which the Accessory Equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings. (Ord. No. 2021-09, § 3.)

A.    Basic Requirements. Facilities located in the Public Right-of-Way are subject to the design and development standards set forth in this section in addition to all design and development standards that apply to all facilities.

1.    Director’s Small Cell Design and Deployment Guidelines. The primary purpose of these guidelines shall be to provide procedural and design guidance and specific design standards and requirements for project applicants proposing Wireless Facilities in the Public Right-of-Way that are subject to the requirements of this section. The Guidelines document is also intended for use and reference by City staff in reviewing and approving designs and verifying compliance with this section. All such guidelines will be publicly available and posted on the public works website. Each application for a Wireless Facility is subject to the most current guidelines, which may be amended from time to time.

2.    Right-of-Way Authority. An encroachment permit must be obtained for any work in the Public Right of Way. Only applicants authorized to enter the Public Right-of-Way pursuant to state or federal law or a franchise or other agreement such as a master license agreement with the City shall be eligible for a permit to install or modify a Wireless Telecommunications Facility in the Public Right-of-Way.

B.    Antennas.

1.    Utility Poles. The maximum height of any Antenna mounted to an Existing utility Pole shall not exceed 24 inches above the height of an Existing Utility Pole, unless otherwise required by relevant orders of the California Public Utilities Commission (CPUC), including GO 95. No portion of the Antenna or Equipment mounted on a Pole shall be less than 18 feet above any drivable road surface. All installations on Utility Poles shall fully comply with the CPUC general orders, including, but not limited to, General Order 95, as amended.

2.    Street Light Poles. The maximum height of any Antenna mounted to a street light Pole shall not exceed seven feet above the Existing height of a Street Light Pole in a location with its closest adjacent district being a commercial zoning district and shall not exceed three feet above the Existing height of a Street Light Pole in any other zoning district. Any portion of the Antenna or Equipment mounted on such a Pole shall be no less than 18 feet above any drivable road surface.

C.    Poles.

1.    Only Pole-mounted Antennas shall be permitted in the Right-of-Way. All other Telecommunications Towers are prohibited, and no new Poles are permitted that are not replacing an Existing Pole.

2.    Designs, plans, and all necessary documents containing the required information related to attachments to City-owned Street Light Poles shall be submitted to the Public Works Department – Traffic Engineering for review and, upon approval by the city engineer, shall be permitted.

3.    Poles identified in the application that are determined by the city engineer or their designee as showing signs of damage or corrosion, shall be replaced in kind. Applicants shall pay to the City their cost for replacement. Poles that were determined to have insufficient structural capacity to sustain the additional small cell wireless appurtenances during the required field verification shall require replacement footings designed and constructed, at the applicant’s sole cost, to the satisfaction of the city engineer or their designee. The applicant shall provide certification by a registered structural engineer that the structural integrity of the Street Light Pole is intact. Pole number labels, if incorrect or missing, shall be corrected or installed at the applicant’s sole expense and in accordance to the City specifications.

4.    Pole height and width limitations:

a.    All Poles shall be designed to be the minimum functional height and width required to support the proposed Antenna installation and meet FCC requirements. Poles and Antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.

b.    Notwithstanding the above, no facility shall be located on a pole that is less than 26 feet in height and no facility shall exceed 35 feet in height, including, but not limited to the pole and any Antenna that protrudes above the pole.

c.    Pole mounted Equipment shall not exceed six cubic feet in dimension.

5.    If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.

6.    If an exception is granted for placement of new Poles in the Right-of-Way, new Poles shall be designed to resemble Existing Poles in the Right-of-Way, including size, height, color, materials and style, with the exception of any Existing pole designs that are scheduled to be removed and not replaced, unless another design better accomplishes the objectives of this section. Such new Poles that are not replacement Poles shall be located no closer than 25 feet to an Existing pole.

D.    Space occupied. Facilities shall be designed to be minimally intrusive to occupy the least amount of space in the Right-of-Way.

1.    Location.

a)    Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public’s use of the Right-of-Way, or safety hazards to pedestrians and motorists.

b)    A facility shall not be located within any portion of the Public Right-of-Way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

c)    Where permitted by the width of the Right-of-Way, new or replacement Poles shall be setback a minimum of 18 inches from the front of the face of a curb, unless otherwise required to comply with ADA requirements. No new pole shall obstruct the line of sight standard at intersections or driveways.

d)    Each pole mounted Wireless Facility must be separated by at least 500 feet.

e)    All cables, including, but not limited to, electrical and utility cables, between the pole and any Accessory Equipment shall be placed underground, if feasible.

f)    All new wires needed to service the Wireless Telecommunications Facility must be installed within the width of the Existing utility pole so as to not exceed the diameter and height of the Existing utility pole.

2.    Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA).

3.    Documentation. The applicant shall provide documentation satisfactory to the Director of Public Works establishing compliance with this subsection. (Ord. No. 2021-09, § 3.)

In addition to compliance with the requirements of this section, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any Modification of these conditions or additional conditions of approval deemed necessary by the Reviewing Authority:

A.    Required Findings. Before the permittee submits any application for a building permit or other permits required by the Fairfield Municipal Code, the permittee must incorporate the Wireless Telecommunication Facility permit granted under this section, all conditions associated with the Wireless Telecommunications Facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the Wireless Telecommunications Facility in strict compliance with the Approved Plans. The permittee shall submit to the Fairfield Building Division an as built drawing within 90 days after installation of the facility.

B.    Where feasible, as new technology becomes available, the permittee shall:

1.    place above-ground Wireless Telecommunications Facilities below ground, including, but not limited to, Accessory Equipment that has been mounted to a Telecommunications Tower or mounted on the ground; and

2.    replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Fairfield Municipal Code.

3.    The permittee shall submit and maintain current at all times basic contact and Site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.    Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b.    The legal status of the owner of the Wireless Telecommunications Facility, including official identification numbers and FCC certification.

c.    Name, address, and telephone number of the property owner if different than the permittee.

4.    The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any Public Utility, easement, or Right-of-Way located on the Site. The permittee shall allow the City reasonable access to, and maintenance of, all utilities and Existing public improvements within or adjacent to the Site, including, but not limited to, pavement, trees, Public Utilities, lighting and public signage.

5.    At all times, all required notices and signs shall be posted on the Site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

6.    At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and Antenna height standards adopted by the Federal Aviation Administration.

7.    If the Director of Public Works determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the Director of Public Works may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.

8.    All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.

9.    A condition setting forth the permit expiration date in accordance with subsection 25.33.11 shall be included in the conditions of approval. (Ord. No. 2021-09, § 3.)

In addition to compliance with the requirements of this section, upon approval all facilities in the Public Right-of-Way shall be subject to each of the conditions of approval set forth in Section 25.33.11, each of the following conditions of approval, and any Modification of these conditions or additional conditions of approval deemed necessary by the Reviewing Authority:

A.    Required Findings – Public Right of Way. The Wireless Telecommunications Facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the city engineer for the purpose of: (a) protecting the public health, safety, and welfare, (b) preventing interference with pedestrian and vehicular traffic, and (c) preventing damage to the Public Right-of-Way or any property adjacent to it. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the grant of a Wireless Telecommunications Facility permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

1.    Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the Site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and the Fairfield Municipal Code. The bond coverage shall include, but is not be limited to, removal of the facility, maintenance obligations and landscaping obligations. The amount of the performance bond shall be set by the Director of Public Works in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.

2.    The permittee shall not move, alter, temporarily relocate, change, or interfere with any Existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a Wireless Telecommunications Facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the Public Right-of-Way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the Public Right-of-Way to be affected by applicant’s facilities.

3.    The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

4.    The permittee shall repair, at its sole cost and expense, any damage including, but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation or maintenance of a Wireless Telecommunications Facility in the Public Right-of-Way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the Director of Public Works, the Director of Public Works shall cause such repair to be completed at permittee’s sole cost and expense.

5.    Prior to issuance of a building permit, the applicant shall obtain the approval of a tree protection plan by the Director of Community Development (Community and Economic Development) or their designee and prepared by a certified arborist if the installation of the Wireless Telecommunication Facility will be located within the canopy of a street tree, or a protected tree on private property, or within a ten-foot radius of the base of such a tree. Depending on Site specific criteria (e.g., location of tree, size, and type of tree, etc.), a radius greater than ten feet may be required by the Director of Community Development (Community and Economic Development) of his or her designee.

6.    Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within 30 days of such service being offered and reasonably restore the area to its prior condition.

7.    The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by:

a.    Any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency;

b.    Any abandonment of any street, sidewalk, or other public facility;

c.    Any change of grade, alignment or width of any street, sidewalk or other public facility; or

d.    A determination by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, that the Wireless Telecommunications Facility has become incompatible with public health, safety or welfare or the public’s use of the Public Right-of-Way.

8.    Any Modification, removal, or relocation of the facility shall be completed within 90 days of written notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a permit amendment pursuant to the Fairfield Zoning Code. The permittee shall be entitled, on permittee’s election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Fairfield Zoning Code allow. In the event the facility is not modified, removed, or relocated within said period of time, the City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the Fairfield Zoning Code, the City may modify, remove, or relocate Wireless Telecommunications Facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. The Director may approve an extension of time to complete the repairs, at the discretion of the Director, upon a showing of good cause. (Ord. No. 2021-09, § 3.)

A.    Required Findings. Where a Wireless Telecommunication Facility requires a conditional use permit under this section, the Reviewing Authority shall not approve any application unless, in addition to the findings generally applicable to all conditional use permits, all of the following additional findings are made:

1.    The proposed facility complies with all applicable provisions of this section.

2.    The proposed facility has been designed and located to achieve the least intrusive design possible and limit facility footprint to the maximum extent reasonably feasible.

3.    The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed Wireless Telecommunications Facility wherever technically and economically feasible and where Collocation would not harm community compatibility.

4.    Noise generated by Equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this section.

5.    In addition to the findings in paragraph (1) above, approval of a Wireless Telecommunications Facility permit for a facility that will be located in the Public Right-of-Way may be granted only if the following findings are made by the Reviewing Authority:

a.    The applicant has provided substantial written evidence supporting the applicant’s claim that it has the right to enter the Public Right-of-Way pursuant to state or federal law, or the applicant has entered into a franchise or other agreement with the City permitting them to use the Public Right-of-Way.

b.    The applicant has demonstrated that the facility will not interfere with the use of the Public Right-of-Way, Existing subterranean infrastructure, or the City’s plans for Modification or use of such location and infrastructure. (Ord. No. 2021-09, § 3.)

A.    Findings for Exceptions. Exceptions pertaining to any provision of this section, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the Reviewing Authority if the Reviewing Authority makes the finding that:

1.    Denial of the facility as proposed would violate federal law, state law, or both; or

2.    A provision of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both.

B.    Request for Exception. An applicant may only request an exception at the time of applying for a Wireless Telecommunications Facility permit. The request must include both the specific provision(s) of this section from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete shall be treated as a new application.

The applicant shall have the burden of proving that denial of the facility as proposed would violate federal law, state law, or both, or that the provisions of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both, using the evidentiary standards required by that law at issue. The City shall have the right to hire an independent consultant, at the applicant’s expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim. (Ord. No. 2021-09, § 3.)

A.    Purpose. Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, codified in 47 U.S.C. § 1455(a), generally requires that State and local governments “may not deny, and shall approve” requests to collocate, remove or replace Transmission Equipment at an Existing Tower or Base Station. Federal Communication Commission regulations interpret this statute and create procedural rules for local review, which generally preempt certain subjective land-use regulations, limit permit application content requirements and provide the applicant with a potential “deemed granted” remedy when the State or local government fails to approve or deny the request within sixty (60) days after submittal (accounting for any tolling periods). Moreover, whereas Section 704 of the Telecommunications Act of 1996, Pub. L. 104-104, codified in 47 U.S.C. § 332, applies to only “Personal Wireless Service Facilities” (e.g., Cellular telephone Towers and Equipment), Section 6409(a) applies to all “wireless” facilities licensed or authorized by the FCC (e.g., Cellular, Wi-Fi, satellite, microwave backhaul, etc.).

    The overlap between wireless deployments covered under Section 6409(a) and other wireless deployments, combined with the different substantive and procedural rules applicable to such deployments, creates a potential for confusion that harms the public interest in both efficient wireless facilities deployment and carefully planned community development in accordance with local values. A separate permit application and review process specifically designed for compliance with Section 6409(a) contained in a section devoted to Section 6409(a) will mitigate such potential confusion, streamline local review and preserve the City’s land-use authority to maximum extent possible.

B.    Applicability. This section applies to all Collocations or Modifications to an Existing wireless Tower or Base Station submitted with a written request for approval pursuant to Section 6409(a).

C.    Approval Required. Any request to collocate, replace or remove Transmission Equipment at an Existing wireless Tower or Base Station submitted with a written request for a Section 6409(a) approval shall be subject to the Director of Public Works or the Director of Community Development’s approval, as applicable, conditional approval or denial without prejudice pursuant to the standards and procedures contained in this section.

D.    Other Regulatory Approvals. No Collocation or Modification approved under any Section 6409(a) approval may occur unless the applicant also obtains all other applicable permits or regulatory approvals from the City and state or federal agencies. Furthermore, any Section 6409(a) approval granted under this section shall remain subject to any and all lawful conditions or requirements associated with such other permits or regulatory approvals from the City and state or federal agencies.

E.    Application Requirement. The City shall not approve any Wireless Facility subject to this section except upon a duly filed application consistent with this section and any other written rules the City or the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, may establish from time to time. An application must include the information required by subsection E and the following additional information:

1.    A title report prepared within the six months prior to the application filing date in order for the City verify the property owner’s identity. If the applicant does not own the subject property, the application must include a written authorization signed by the property owner that empowers the applicant to file the application and perform all Wireless Facility construction, installation, operation and maintenance to the extent described in the application.

2.    A written statement that explains in plain factual detail whether and why Section 6409(a) and the related FCC regulations at 47 C.F.R. § 1.40001 et seq. require approval for the specific project. A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met. Bare conclusions not factually supported do not constitute a complete written analysis. As part of this written statement the applicant must also include (i) whether and why the support structure qualifies as an Existing Tower or Existing Base Station; and (ii) whether and why the proposed Collocation or Modification does not cause a Substantial Change in height, width, excavation, Equipment cabinets, concealment or permit compliance.

F.    Procedures for a Duly Filed Application.

1.    Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable may, in his or her discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant’s reasonable control will be considered good cause to grant the extension.

2.    Departmental Forms, Rules and Other Regulations. The City Council authorizes the Director of Public Works and the Director of Community Development (Community and Economic Development) to develop and publish permit application forms, checklists, informational handouts and other related materials that the each finds necessary, appropriate or useful for processing requests for Section 6409(a) approvals within the Public Right of Way and outside of the Public Right of Way, respectively. Without further authorization from the council, the Director of Public Works and the Director of Community Development (Community and Economic Development) may from time-to-time update and alter any such permit application forms, checklists, informational handouts and other related materials as each deems necessary, appropriate or useful to respond to regulatory, technological or other changes related to this section. The City Council authorizes the Director of Public Works and the Director of Community Development (Community and Economic Development) to establish other reasonable rules and regulations for their respective departments, which may include without limitation regular hours for appointments with applicants.

G.    Administrative Review; Decision Notices. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, shall administratively review an application for a Section 6409(a) approval and act on such an application without prior notice or a public hearing. Within five working days after the Reviewing Authority conditionally approves or denies an application submitted for Section 6409(a) approval or before the FCC timeframe for review expires (whichever occurs first), the Director of Public works or the Director of Community Development (Community and Economic Development) or their respective designees, as the case may be, shall send a written notice to the applicant. In the event that the Reviewing Authority determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the Director of Public works, Director of Community Development (Community and Economic Development), or their designee, as the case may be, will send written notice to the applicant that includes the reasons to support the Reviewing Authority’s decision and states that the application will be automatically denied without prejudice on the 60th day after the date the application was filed unless the applicant withdraws the application.

H.    Required Findings for 6409(a) Approval. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may approve or conditionally approve an application submitted for Section 6409(a) approval when the Reviewing Authority finds that the proposed project:

1.    Involves Collocation, removal or replacement of Transmission Equipment on an Existing wireless Tower or Base Station; and

2.    Does not Substantially Change the physical dimensions of the Existing wireless Tower or Base Station.

I.    Criteria for Denial Without Prejudice. Notwithstanding any other provisions in this section, and consistent with all applicable federal laws and regulations, the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, may deny without prejudice an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:

1.    Does not satisfy the criteria for approval;

2.    Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

3.    Involves the replacement of the entire support structure.

J.    Conditional 6409(a) Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the City’s authority to conditionally approve an application for a Section 6409(a) approval to protect and promote the public health, safety and welfare.

K.    Appeals. Notwithstanding any provision of the Fairfield Zoning Code to the contrary, an applicant may appeal a decision by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be, to deny without prejudice a Section 6409(a) application. The appeal must be filed within 10 days from the Reviewing Authority’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the Director of Public Works or the Director of Community Development (Community and Economic Development) taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit his or her review to whether the project should be approved or denied in accordance with the provisions in subsections L. (8) and (9) of this section. The decision of the city manager shall be final and not subject to any further administrative appeals.

L.    Standard Conditions of Approval. In addition to all other conditions adopted by the Director of Public Works or the Director of Community Development (Community and Economic Development), as the case may be, all Section 6409(a) approvals, whether approved by the applicable Reviewing Authority or deemed approved by the operation of law, shall be automatically subject to the following conditions in this section; provided, however, that the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances:

1.    Approved Plans. Before the permittee submits any application for a building permit or other permits required by the Fairfield Municipal Code, the permittee must incorporate the Wireless Telecommunications Facility permit granted under this section, all conditions associated with the Wireless Telecommunications Facility permit and the approved plans and any photo simulations (the “Approved Plans”) into the project plans. The permittee must construct, install and operate the Wireless Telecommunications Facility in strict compliance with the Approved Plans. The permittee shall submit an as built drawing within 90 days after installation of the facility.

2.    Permit Term. The City’s grant or grant by operation of law of a Section 6409(a) approval constitutes a federally-mandated Modification to the underlying permit or other prior regulatory authorization for the subject Tower or Base Station. The City’s grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term, if any, for any conditional use permit, or other underlying prior regulatory authorization. Accordingly, the term for a Section 6409(a) approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject Tower or Base Station.

3.    Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) approval, such 6409(a) approvals shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) approvals or the Director of Public Works grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the Director of Public Works or Director of Community Development (Community and Economic Development), as the case may be, may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has submitted an application for a conditional use permit for those improvements before the one-year period ends.

4.    No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) approval.

5.    Build-out Period. The Section 6409(a) approval will automatically expire one year from the issuance date unless the permittee obtains all other permits and approvals required to install, construct and operate the approved Wireless Facility, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, the Wireless Facility or its use. the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may grant one written extension to a date certain when the permittee shows good cause to extend the limitations period in a written request for an extension submitted at least 30 days prior to the automatic expiration date in this condition. Any further extensions may be granted by the planning commission.

6.    Maintenance Obligations; Vandalism. The permittee shall keep the Site, which includes without limitation any and all improvements, Equipment; structures; access routes; fences; and landscape features, in a neat, clean, and safe condition in accordance with the Approved Plans and all conditions in this Section 6409(a) approval. The permittee shall keep the Site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the Site within 72 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

7.    Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the Wireless Facility or any use or activities in connection with the use authorized in this Section 6409(a) approval. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws.

8.    Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s construction, installation, operation, Modification, maintenance, repair, removal, or other activities at the Site. The permittee shall not perform or cause others to perform any construction, installation, operation, Modification, maintenance, repair, removal, or other work that involves heavy Equipment or machines on any day and at any time prohibited under the Fairfield Zoning Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City. The Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable, may issue a stop work order for any work that violates this condition.

9.    Noise Complaints. The permittee shall conduct all activities on the Site in compliance with the noise standards in the Fairfield Zoning Code. In the event that any person files a noise complaint and the City verifies that such complaint is valid, the permittee must remedy the violation within 10 days after notice from the City, which may include a demonstration that the permittee has amended its operational guidelines in situations where the violation arises from the permittee’s personnel rather than the permittee’s Equipment.

10.    Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City or its designee may enter onto the Site and inspect the improvements and Equipment upon reasonable prior notice to the permittee; provided, however, that the City or its designee may, but will not be obligated to, enter onto the Site area without prior notice to support, repair, disable or remove any improvements or Equipment in emergencies or when such improvements or Equipment threatens actual, imminent harm to property or persons. The permittee will be permitted to supervise the City or its designee while such inspection or emergency access occurs.

11.    Contact Information. The permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the Wireless Facility, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times.

12.    Record Retention. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the Wireless Facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

13.    Compliance Obligations. An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Fairfield Zoning Code, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee. (Ord. No. 2021-09, § 3.)

A.    Purpose. The purpose of this section is to comply with an application for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6, for which a 6409(a) approval is not being requested. This section provides the requirements, standards and regulations for a Wireless Telecommunications Collocation Facility for which subsequent Collocation is a permitted use pursuant to California law. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a Wireless Telecommunications Collocation Facility.

B.    Definitions. For the purposes of this section, the following terms are defined as follows:

1.    “Collocation Facility” means the placement or installation of Wireless Facilities, including Antennas, and related Equipment, on, or immediately adjacent to, a Wireless Telecommunications Collocation Facility.

2.    “Wireless Telecommunications Facility” means Equipment and network components such as Towers, Utility Poles, transmitters, Base Stations, and emergency power systems that are integral to providing Wireless Telecommunications Services.

3.    “Wireless Telecommunications Collocation Facility” means a Wireless Telecommunications Facility that includes Collocation Facilities.

C.    Procedures. An application for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6 shall be processed in the same manner as an application for 6409(a) approval is processed, except that where the process requires justification for the 6409(a) approval, the applicant shall instead provide the justification for a Wireless Telecommunications Collocation Facility under California Government Code Section 65850.6.

D.    Requirements. All requirements, regulations, and standards set forth in this section for a Wireless Telecommunications Facility shall apply to a Wireless Telecommunications Collocation Facility; provided, however, the following shall also apply to a Wireless Telecommunications Collocation Facility:

1.    The applicant for a Wireless Telecommunications Collocation Facility permit shall describe or depict:

a.    The Wireless Telecommunications Collocation Facility as it will be initially built; and

b.    All Collocations at full build-out, including, but not limited to, all Antennas, Antenna support structures, and Accessory Equipment.

2.    Any Collocation shall use screening methods substantially similar to those used on the Existing Wireless Telecommunications Facilities unless other optional screening methods are specified in the conditions of approval.

3.    A Wireless Telecommunications Collocation Facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the Wireless Telecommunications Collocation Facility.

E.    Permitted Use. Notwithstanding any other provision of this section, a subsequent Collocation on a Wireless Telecommunications Collocation Facility shall be a permitted use only if all of the following requirements are satisfied:

1.    The Wireless Telecommunications Collocation Facility:

a.    Was approved after January 1, 2007, by discretionary permit;

b.    Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration;

c.    Otherwise complies with the requirements of California Government Code Section 65850.6(b), or its successor provision, for addition of a Collocation facility to a Wireless Telecommunications Collocation Facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this section and the conditions of approval in the Wireless Telecommunications Collocation Facility permit;

d.    The Collocations were specifically considered when the relevant environmental document was prepared for the Wireless Telecommunications Collocation Facility; and

e.    Before Collocation, the applicant seeking Collocation shall obtain all other applicable non-discretionary permits, as required pursuant to the Fairfield Municipal Code.

F.    New or Amended Permit. Except as otherwise provided above, approval of a new or amended permit shall be required when the facility is modified other than by Collocation in accordance with this section, or the proposed Collocation:

1.    Increases the height of the Existing permitted Telecommunications Tower or otherwise changes the bulk, size, location, or any other physical attributes of the Existing permitted Wireless Telecommunications Collocation Facility unless specifically permitted under the conditions of approval applicable to such Wireless Telecommunications Collocation Facility; or

2.    Adds any microwave dish or other Antenna not expressly permitted to be included in a Collocation facility by the conditions of approval.

G.    Appeals. Notwithstanding any provision of the Fairfield Zoning Code to the contrary, any applicant may appeal a decision by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable. The appeal must be filed within 10 days from the Reviewing Authority’s decision. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The city manager shall serve as the appellate authority for all appeals of all actions of the applicable Reviewing Authority taken pursuant to this section. The City shall provide notice for an administrative hearing by the city manager. The city manager shall limit its review to whether the project should be approved or denied in accordance with the provisions in this section. The decision of the city manager shall be final and not subject to any further administrative appeals. (Ord. No. 2021-09, § 3.)

A permit issued pursuant to this Wireless Telecommunications Ordinance shall not be a substitute for any business license otherwise required under the Fairfield Municipal Code. (Ord. No. 2021-09, § 3.)

In the event of a declared federal, state, or local emergency, or when otherwise warranted by conditions that the Director of Public Works deems to constitute an emergency, the Director of Public Works may approve the installation and operation of a temporary Wireless Telecommunications Facility (e.g., a cell on wheels or “COW”), which is subject to such reasonable conditions that the Director of Public Works deems necessary. (Ord. No. 2021-09, § 3.)

A.    All Wireless Telecommunications Facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, or operator within 72 hours:

1.    After discovery of the need by the permittee, owner, operator or any designated maintenance agent; or

2.    After permittee, owner, operator, or any designated maintenance agent receives notification from a resident, the Director of Community Development (Community and Economic Development) or the Director of Public works, as the case may be.

3.    All facilities, including, but not limited to, Telecommunication Towers, Poles, Accessory Equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility Site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

a.    General dirt and grease;

b.    Chipped, faded, peeling, and cracked paint;

c.    Rust and corrosion;

d.    Cracks, dents, and discoloration;

e.    Missing, discolored, or damaged artificial foliage or other camouflage;

f.    Graffiti, bills, stickers, advertisements, litter and debris;

g.    Broken and misshapen structural parts; and

h.    Any damage from any cause.

4.    All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Director of Community Development (Community and Economic Development).

5.    The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

6.    Each facility shall be operated and maintained at all times in compliance with applicable federal regulations, including FCC radio frequency emissions standards.

7.    Each facility shall be operated and maintained to comply at all times with the noise regulations of this section and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Director of Public Works or the Director of Community Development (Community and Economic Development), as applicable. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.

8.    If a flagpole is used for camouflaging a Wireless Telecommunications Facility, flags shall be flown and shall be properly maintained at all times.

9.    Each owner or operator of a facility shall routinely inspect each Site to ensure compliance with the standards set forth in this section and the conditions of approval. (Ord. No. 2021-09, § 3.)

No person shall install, use or maintain any Wireless Telecommunications Facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such Site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of Poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture, or other objects permitted at or near said location. (Ord. No. 2021-09, § 3.)

A permit for any Wireless Telecommunications Facility shall be valid for a period of 10 years, unless the original entitlement states otherwise or the Director of community development authorizes a longer period or pursuant to another provision of the Fairfield Zoning Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.

A.    Permit Extensions. A permittee may apply for extensions of its permit in increments of no more than the original term (ten years) and no sooner than twelve months prior to expiration of the permit.

1.    If a permit has not expired at the time an application is made for an extension, the Director of Public Works, the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, may administratively extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of the Fairfield Zoning Code that are in effect at the time the permit extension is granted.

2.    At the Director of Public Works’ or the Director of Community Development’s (Community and Economic Development) discretion, as applicable, additional studies and information may be required of the applicant.

3.    If the Director of Public Works or the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Fairfield Zoning Code that are then in effect at the time of permit expiration, the applicant shall cause the facility to be in compliance prior to any extension of the permit term. The Director of Public Works or the Director of Community Development (Community and Economic Development) or his or her designee, as applicable, shall not extend the term of the permit prior to his or her confirmation of the applicant’s compliance with the applicable provisions of the Fairfield Zoning Code in effect at the time.

4.    If the permit expired before the application is made for an extension, the request for an extension shall be decided by the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, provided he or she seeks consultation with the city attorney prior to approving or denying the request.

B.    Cessation of Use or Abandonment.

1.    A Wireless Telecommunications Facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide Wireless Telecommunications Services for 90 or more consecutive days. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

2.    The operator of a facility shall notify the City in writing of its intent to abandon or cease use of a permitted Site or a nonconforming Site (including unpermitted Sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, of any discontinuation of operations of 30 days or more.

3.    Failure to inform the Director of Public Works or Director of Community Development (Community and Economic Development), as applicable, of cessation or discontinuation of operations of any Existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

a.    Prosecution;

b.    Revocation or Modification of the permit;

c.    Calling of any bond or other assurance required by this section or conditions of approval of the permit;

d.    Removal of the facilities by the City in accordance with the procedures established under the Fairfield Municipal Code for abatement of a public nuisance at the owner’s expense; and

e.    Any other remedies permitted under the Fairfield Municipal Code.

C.    Removal and Restoration, Permit Expiration, Revocation or Abandonment.

1.    Permittee’s removal obligation. Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its Wireless Telecommunications Facility and restore the Site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

2.    Failure to remove. Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit, or abandonment of the facility, shall be a violation of the Fairfield Municipal Code, and be grounds for:

a.    Prosecution;

b.    Calling of any bond or other assurance required by this section or conditions of approval of permit;

c.    Removal of the facilities by the City in accordance with the procedures established under the Fairfield Municipal Code for abatement of a public nuisance at the owner’s expense; or

d.    Any other remedies permitted under the Fairfield Municipal Code.

3.    Summary removal. In the event the Director of Public Works determines that the condition or placement of a Wireless Telecommunications Facility located in the Public Right-of-Way constitutes a dangerous condition, obstruction of the Public Right-of-Way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), the Director of Public Works may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.

4.    Removal of facilities by City. In the event the City removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted, if applicable, and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Fairfield Zoning Code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee nor the owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the City due to exigent circumstances. (Ord. No. 2021-09, § 3.)

Compliance with the provisions of this section shall not relieve a person from complying with any other applicable provision of the Fairfield Municipal Code, including but not limited to obtaining any necessary encroachment or building permits. In the event of a conflict between any provision of this section and other provisions of the Fairfield Municipal Code, this section shall control. (Ord. No. 2021-09, § 3.)

Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.18. It has been editorially renumbered to prevent duplication.

Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.19. It has been editorially renumbered to prevent duplication.

Code reviser’s note: Ord. No. 2021-09 numbered this section as 25.33.19. It has been editorially renumbered to prevent duplication.

This Section provides off-street and loading regulations to:

A.    Provide for the general welfare and convenience of the City by ensuring sufficient parking facilities to meet the needs generated by a specific use;

B.    Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities in proportion to the needs of the proposed use;

C.    Increase public safety by reducing congestion of public streets;

D.    Encourage the use of alternative modes of transportation and other trip reduction methods; and

E.    Ensure access and maneuverability for emergency vehicles.

Every use including a change or expansion of a use or structure shall provide the required off-street parking and loading areas in compliance with the provisions of this Section. A use shall not be commenced and structures shall not be occupied until improvements required by this Section are satisfactorily completed.

A.    Reservation of parking and loading areas. All covered and uncovered off-street parking and loading facilities required by this Section shall be maintained and reserved for parking and loading purposes for the life of the use or facility.

B.    Location. Off-street parking areas shall be provided on the subject site, including the boundary of a shopping center, and outside any public rights-of-way. Parking may be located on a parcel abutting the parcel served, subject to a recorded reciprocal parking and access easement. This covenant shall run with the life of the project to guarantee that the required parking is maintained and reserved for the subject activity.

C.    Maintenance. All parking facilities, including curb directional markings, disabled symbols, landscaping, signs, striping, and wheel stops, and other facilities, shall be permanently maintained by the property owner in good repair, free of litter and debris, potholes, obstructions, and stored material.

D.    Parking and loading to be unrestricted. Owners, lessees, tenants or persons having control of the operation of the premises for which parking and loading spaces are required by this Section shall not prevent, prohibit or restrict authorized persons from using these spaces without written approval of the Director.

E.    Selling of items. No person shall park a vehicle, trailer, or other personal item upon public or private parking lot or property for the purpose of displaying the vehicle, trailer, or other personal item unless the person/vendor is approved by the City to conduct business at the location. This provision excludes the sale of legally parked personal vehicles and garage sales at one’s residence.

F.    Walls may be required. Where a non-residential parking facility abuts a residential development, a wall may be required. See Section 25.30.3 (Screening Between Uses).

G.    Temporary reduction. The Director of Community Development may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for not more than 30 days in any calendar year.

Each use shall provide at least the minimum number of off-street parking spaces required by this Section, unless an exception has been granted through approval of a land use or development permit.

A.    Parking requirements by land use. Each land use shall be provided the number of parking spaces required by Table 25-17: Parking Spaces Required by Land Use.

B.    Additional requirements. The review authority, as a condition of land use permit approval, may require additional spaces, where applicable.

C.    Uses not listed. Land uses not specifically listed by Table 25-17 shall provide parking as required by the review authority upon recommendation of the Director. The review authority shall use the requirements of this table, as a general guide, in determining the minimum number of off-street parking spaces to be provided.

D.    Rounding of quantities. When a calculation of the number of parking spaces required results in a fraction of 0.50 or more, the number of required parking spaces shall be rounded up to the next whole number. Where multiple calculations are used, the total sum shall be rounded up to the next whole number.

E.    Expansion of existing structure, change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces for the enlargement or increase in capacity or intensity shall be provided in compliance with this Section. Parking for buildings additions in the HO, HD, and HDC zoning districts may be exempt from this requirement, as described in section 25.28.3 (E).

F.    Multiple uses on a single site. A site or facility proposed for multiple tenants or uses (for example, a building with ground-floor retail shops and second floor offices) shall provide the aggregate number of parking spaces required for each separate use. Where the site is developed as a shopping center, the parking ratio shall be that required for “Shopping Center Projects", as provided in Table 25-17.

G.    Parking required by permits, Development Agreements, Planned Development zones or Specific Plans. Parking requirements established by Parking Overlay District, Development Agreement, Planned Development Zoning, Specific Plan, or other similar entitlements supersede the number of spaces required by this Section.

H.    Bench or bleacher seating. For the purpose of calculating the number of required parking spaces where bleachers or benches are proposed, a seat shall be construed to be not less than 24 inches of continuous bleacher or bench space.

I.    Company-owned vehicles. The number of parking spaces required by this Section does not include places for the parking of company-owned vehicles. Parking spaces for company-owned vehicles shall be provided, as determined by the approving authority, in addition to the requirements for a particular land use.

J.    "Floor Area” as used in this section. For purposes of this section, floor area means all enclosed areas of a building, excluding restrooms, mechanical space, elevator shafts, stairwells, court yards/atriums, and permanent storage areas which due to design and location cannot be converted to useable floor area. (Ord. No. 2014-03, § 2; Ord. No. 2018-03, § 11; Ord. No. 2018-06, § 7; Ord. No. 2025-01, § 12.)

Adjustments to the off-street parking requirements may be made as identified below. The Director may require a parking study prepared by a qualified traffic engineer to justify any requested adjustment.

A.    Shared parking program. Where two or more non-residential uses are separate and distinct but share a common or interconnected parking facility, up to a 25 percent reduction of the required number of parking spaces may be approved subject to the following criteria:

1.    The uses have substantially different peak traffic usage periods, (e.g., a theater and a bank) or share customers (e.g., a barber shop and a tailor). The Director may require a parking study prepared by a registered traffic engineer that analyzes parking demands to justify the fewer number of spaces.

2.    A reciprocal parking and access easement agreement, that shall run with the life of the project, is recorded with the County Assessor.

B.    Office project reduction. The Director may reduce the amount of required parking spaces up to 10 percent when an office building contains more than 20,000 square feet of floor area. This reduction shall not be applied to projects with a recorded shared parking program per Section 25.34.5(A), Shared Parking Program. The Director shall consider the following factors in determining whether a reduction is appropriate:

1.    Availability of public transit;

2.    Feasibility of implementing a vanpool or ride-sharing programs;

3.    Mix of office uses and floor plan which depicts lower parking demand;

4.    Adequacy of public and private parking facilities in the vicinity; and

5.    Fully integrated parking is defined by having full accessibility from all portions of the property, even distribution and recorded rights of reciprocal access and parking.

C.    Parking set-aside area for industrial projects. Where an industrial user who, due to the characteristics of the activity, proposes substantially fewer parking spaces than the number required by this Ordinance, a parking set-aside area may be approved by the City. Approved parking set-aside areas shall be documented in a recorded agreement between the property owner and the City.

1.    Application requirement. At the time of project approval, the applicant shall submit a site plan with all parking facilities required by this Ordinance with designated set-aside areas to be reserved for future parking.

2.    Set-aside area design. The set-aside parking shall be located on-site and may remain undeveloped, improved as landscaping, or other form as approved by the City.

3.    Change in use or change in operational characteristics. If a change in use or change in operational characteristics of the use requires additional parking facilities, the City shall require the conversion of the set-aside area, or portions thereof, to an approved parking facility prior to the establishment or increased intensity of the use.

D.    Projects within one-half mile of a public transit stop. Projects that are located within one-half mile of a public transit stop, as defined in Public Resources Code Section 21155, shall not be subject to off-street parking requirements, if they meet the criteria set forth in Government Code Section 65863.2. (Ord. No. 2014-03, § 2; Ord. No. 2025-01, § 12.)

Compact car spaces shall be a minimum of 8 feet by 15 feet in size and shall be clearly marked “Compact Only” in letters 12 inches high and 7 inches wide. A two-foot length reduction shall be permitted for any space fronting on a landscape planter island greater than seven feet in depth or walkways six feet or greater in width.

Compact car spaces may be approved as follows:

A.    Industrial developments and office uses. Where the principal use of a parking lot is long term (e.g., designated for employee parking), parking lots with 30 or more spaces may include compact car spaces for up to 35 percent of the total number of required spaces.

B.    All other uses. Parking lots with 30 or more spaces may include compact car spaces for up to 25 percent of the total number of required spaces. For multifamily development projects, this standard shall apply only to uncovered parking spaces.

C.    Location. Compact spaces shall be dispersed throughout the parking lot in locations which are no more or less convenient than the locations of standard size spaces, as determined by the Director.

Parking areas shall include parking spaces accessible to the disabled in compliance with this Subsection.

A.    Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with the California Building Code of Regulations.

B.    Reservation of spaces required. Disabled accessible spaces required by this Section shall be reserved by the property owner or tenant for use by the disabled throughout the duration of the approved land use.

New multifamily residential development projects or any project within a commercial zoning district shall provide one bicycle storage space for each 25 automobile parking spaces required by this Ordinance. New development projects within any industrial zoning district shall provide one bicycle storage space for each 50 automobile parking spaces required. Commercial/residential projects required to provide 24 or fewer automobile parking spaces or industrial projects required to provide 49 or fewer spaces shall not be required to provide bicycle parking.

A graphic representation of the terms used in this Section is referenced by Figure 25-6: Parking Lot Design.

A.    Design and number of driveways. The number of driveways providing ingress and egress to the site shall comply with the City of Fairfield Standard Specifications and Details. The number of driveways for any project shall be minimized.

B.    Driveway length. All driveway lengths between the property line and the first parking stall or intersecting aisle shall be designed to serve the anticipated traffic to the site without unduly impeding off-site traffic flow. The minimum driveway length shall be 15 feet.

C.    Interconnected on-site circulation. All parking and circulation shall be located on-site or approved abutting property. Vehicles shall not have to enter the public right-of-way to access any other parking area on a site. Designated employee parking is exempt from this requirement.

D.    Forward motion requirement. Parking and loading areas, excluding single-family dwellings, shall be designed so that any vehicle entering public roadway can do so traveling in a forward direction. Alleyways are exempt from this requirement.

E.    Surface. Parking stalls, driveways, drive aisles, and maneuvering areas shall be surfaced with asphalt, concrete, or other comparable surface so as to provide a durable and dust-free surface. The surface shall be graded and drained as required by the Department of Public Works.

Figure 25-6: Parking Lot Design

F.    Dimensions - standard stalls. Standard parking spaces shall measure 9 feet by 19 feet. A two-foot length reduction shall be permitted for any space fronting on a landscape planter island greater than seven feet in depth or walkways six feet or greater in width.

G.    Layout. The applicable minimum dimensions shown in Figure 25-7: Parking Lot Layout shall apply to the layout of parking stalls.

H.    Markings. Each parking stall shall be clearly marked with double or hairpin lines of a minimum of four inches in width.

I.    Vertical clearance. A minimum unobstructed vertical clearance of 14 feet shall be maintained above vehicle drive aisles.

J.    Secured parking areas. Where gated or otherwise secured parking areas are proposed, the proposal shall be reviewed by all applicable departments of the City and comply with all applicable Zoning Ordinance provisions, Building Codes, Fire Codes, and any other applicable regulations. Adequate vehicle turn-around space (in a forward direction) shall be provided between the gate and the public right-of-way.

K.    Wheel Stops. All drive surfaces abutting buildings or walls, when designated for vehicular parking, shall have concrete wheel stops.

Figure 25-7: Parking Lot Layout

(Ord. No. 2011-03, § 2.)

In addition to any landscaping required by other sections of this Ordinance, landscaping shall be provided within parking lots as follows:

A.    Landscaping areas adjacent to parking areas shall be a minimum dimension of five feet in width and enclosed by a six-inch concrete curb (total width: six feet).

B.    One tree shall be provided within the parking area for every 10 parking stalls provided along the parking lot periphery. Within the project’s internal parking area, one tree in a six-inch curbed enclosure shall be provided for each eight spaces. Placement of the trees may include clustering. Required landscaping shall include a combination of low maintenance ground cover, shrubs, and trees.

C.    All landscape areas shall be served by an underground water irrigation system.

A.    Exemption. This Section shall not apply to the HD or HDC zoning district.

B.    Applicability and requirements. All other zoning districts not preempted elsewhere in the Zoning Ordinance shall comply with loading area requirements of this Section.

C.    New buildings 10,000 square feet or more. All new buildings, or portion thereof, having a gross floor area of 10,000 square feet or more per tenant occupancy that is intended for manufacturing, assembly, storage, warehousing, retail sales, hotels and motels, hospitals, funeral internment services, commercial laundry establishments, or other similar uses, requiring the receipt or distribution by vehicles of material or merchandise, shall provide and maintain on the same property as the building, a minimum of one off street loading space per tenant occupancy. One additional loading space shall be required for each additional 20,000 square feet of gross floor area per tenant occupancy thereafter.

D.    Development standards.

1.    Loading space dimensions. Loading spaces shall be not less than 10 feet in width, 25 feet in length, with a minimum vertical clearance of 14 feet.

2.    Screening. Loading areas abutting residentially zoned properties shall be screened in accord with Section 25.30.2 (Fences, Walls, and Hedges).

3.    Striping. Loading areas shall be striped indicating the loading spaces and identifying the space for “Loading Only”. The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. (Ord. No. 2018-06, § 8.)

The City of Fairfield lies in a valley and foothill landscape dotted with native oaks and other trees. Over time, residents have planted many trees as they settled in the community. These trees, native and imported, provide beauty and protection from summer heat, increase property values, enhance community pride, preserve wildlife habitat, reduce air and noise pollution, and reduce soil erosion. Because of these benefits, the City has determined that it is necessary for the public health and welfare to conserve tree resources by protecting significant trees from unnecessary destruction or removal, encouraging the replacement of trees lost to disease, natural hazards, or human intervention. The City has also determined that street trees, park trees, and other trees on public lands ("public trees") contribute to the quality of life in the community. The intent of this ordinance is to establish mechanisms and policies for protecting public trees from unnecessary removal, maintaining public trees in good health, and replacing public trees where necessary so that the community may continue to enjoy the many benefits associated with trees.

This ordinance is enacted to:

A.    Protect trees during the development process.

B.    Promote the conservation of tree resources.

C.    Protect the City’s public, park, and street trees.

D.    Permit the reasonable use of property while conserving the City’s public and private tree resources.

E.    Facilitate the planting and maintenance of Public Trees by civic groups, neighborhood organizations, businesses, and homeowners.

A.    Parkway Strip: A strip of land located:

1.    Between the edge of the street or curb and outer edge of the sidewalk, or

2.    Within the public planting/landscaping easement.

B.    Protected Tree: A tree listed in Section 25.36.3 and protected by this ordinance.

C.    Public Tree: Trees located on public property, including trees in parks, trees in public rights-of-way, trees in parkway strips, and trees in median islands.

D.    Theme Trees: Trees which have been selected and approved for a development project because they contribute specific aesthetic, cultural, or environmental benefits to the City or the project.

The following trees are hereby designated as protected trees by this ordinance:

A.    All trees on public property.

B.    Trees planted or preserved on private property or within the public right of way which were:

1.    Required by the City as a condition of approval for the project; or

2.    Shown on a landscape drawing or plan for a project approved by the City.

C.    The following species of trees located on undeveloped private properties which exceed 6 inches in caliper or diameter at breast height. Breast height is measured at a point located 4-1/2 feet above the existing ground level of the tree:

D.    Trees or groups of trees having one or more of the following characteristics, as determined by the City during project review or through special studies:

1.    Demonstrated habitat value.

2.    Historical or cultural value, as documented by published sources.

3.    Important aesthetic value.

4.    Uniqueness or rarity.

5.    Unusual size or age.

A.    Prohibited acts. Except as authorized by a Tree Removal Permit as defined in Section 25.36.5, or unless authorized as part of discretionary project approval by the Department, the Commission, or the City Council, or per the Public Tree Conservation Policies, established in Section 25.36.8, and/or as adopted by resolution of the Council, it shall be unlawful for any person or City department to remove, cut down, conduct excessive unnatural pruning, topping, or disfigurement of any protected tree, or perform any act which results in the premature death or decline of a protected tree.

B.    Penalties. Every individual violation of this ordinance shall constitute an infraction as provided for in Section 1.7 of the City Code. Said violations shall be subject to Administrative Citations and other penalties as established in the City Code.

    In addition, parties who violate this Ordinance shall be required to complete additional mitigation, including the planting of mitigation trees at a penalty ratio as established in Section 25.36.9D.

A.    Permit requirement. Any person proposing to remove a protected tree not as part of a project subject to review by the Department, the Commission, or the Council, or where such removal is not subject to the Public Tree Conservation Policy referenced in Section 25.36.8 shall make application to the Director of Community Development for a Tree Removal Permit. The application must be submitted prior to the time desired to physically perform the regulated activity, and the permit shall be processed in accordance with the procedures for Minor Discretionary Approval items (see Section 25.40.4).

B.    Application contents. An application for administrative tree removal permit shall contain:

1.    A brief statement of the reasons for the removal of the protected tree(s), with documentation that one or more of the Tree Removal Criteria described in Section 25.36.7 below exist. The Department may require a report or letter from a certified arborist, horticulturist, botanist, or other qualified person confirming the criterion has been met;

2.    Written consent of the owner of record of the land on which the proposed activity is to occur; and

3.    Any other relevant information deemed necessary by the Director.

C.    Director review. The Director shall review the request for tree removal based on the criteria established in Section 25.36.7.

D.    Mitigation requirements. The Director may require mitigation as a condition of approval for the Tree Removal Permit. If required, mitigation shall be in accordance with Section 25.36.9.

A.    An applicant proposing to remove (a) protected tree(s) as part of a project which otherwise requires review and action by City staff, the Commission, or the City Council, shall provide the following information to the City for use during project review:

1.    A scaled drawing showing:

a.    All protected trees that the applicant is proposing to preserve that might be impacted by development. These trees should be identified by species or type, condition, and size.

b.    All protected trees proposed for removal. The applicant shall provide a table summarizing the size (diameter), condition, species, and other pertinent information such as canopy size. The applicant shall indicate the reason(s) for the removal of any protected tree. The City will review the tree removal requests based on the criteria in Section 25.36.7.

B.    Prior to issuance of a grading permit or building permit, the applicant shall provide a detailed mitigation plan. The plan shall address the following issues:

1.    Mitigation of potential impacts on preserved protected trees. If construction activities could impact protected trees which are to be preserved, the applicant shall provide a mitigation plan that indicates construction practices, tree care measures, irrigation methods, if any, aeration techniques, retaining walls and other grading improvements, and other measures which could increase the survival rates of trees to be saved. All construction projects that would impact the area underneath a protected tree’s dripline shall comply with City standards for acceptable construction practices adopted by the Planning Commission with the advice of the Open Space Commission.

2.    Mitigation of trees removed during development.

a.    On-site mitigation. When on-site mitigation is proposed, the plan shall indicate tree planting locations, size and species of trees to be planted, and planting and irrigation methods.

b.    Off-site mitigation. Because removal of protected trees has neighborhood and citywide impacts, as well as site-specific impacts, off-site mitigation is appropriate to help preserve the City’s overall quality of life and tree resources. Mitigation measures help preserve the extent and value of the City’s public and private tree resources. Off-site mitigation may be appropriate when on-site mitigation is not possible, when another site is available and preferred for mitigation planting, and a reasonable relationship exists between the impacts being created as a result of the tree removal and the benefits of the off-site mitigation. The Department of Community Development may approve one or both of the following two options for off-site mitigation:

1.    The applicant implements a specific mitigation plan for an off-site location approved by the City which incorporates planting, irrigation, and monitoring (and replacement) for a five year period. The City may require a deposit to ensure that maintenance activities are implemented.

2.    If a specific site has not been identified, the applicants may pay an in-lieu fee equal to the reasonable expenses incurred by the City or its contractors in installing off-site mitigation trees.

As discussed in Section 25.36.1 (Purpose and Intent), the City has determined that trees have significant public value. Loss of trees results in less shade, increased impacts due to air and noise pollution, reduced wildlife habitat, and a less attractive community. It is the intent of the City to protect the quality of life in the community by encouraging the conservation of tree resources. Protected trees should only be removed when their condition or circumstances require removal of the trees. In general, this can be demonstrated only if at least one of the following conditions exist:

A.    The tree has been damaged by thunderstorms, windstorms, floods, earthquakes, fires, life-threatening illness, or other natural disasters, and it is determined to be dangerous to the public health and safety.

B.    There is no feasible alternative to removal of the tree which will allow the owner reasonable use of the property permitted under the zoning ordinance and/or general plan.

C.    The applicant provides written documentation from a utility or City department that continued existence of the tree interferes with existing utilities or structures.

D.    The tree is dead or in a state of severe irreversible decline, as defined by an arborist or equally qualified individual.

E.    The tree has a contagious disease which threatens other trees.

F.    Removal of a tree benefits the overall environmental health of the parcel. In general, this will occur if it can be demonstrated that removal of the tree will encourage healthier, more vigorous growth of similar trees in the area.

If removal of a tree is proposed on the basis of items (D), (E), or (F), the Department may require the applicant to have prepared a report from an arborist, horticulturist, botanist or other qualified person documenting that the criterion clearly exists.

Fairfield’s Public Trees, including street trees, park trees, and trees on other public property, are an important element in Fairfield’s quality of life. They provide shade, beauty, enhanced property values, relief from noise and dust, and, if conditions allow, habitat for birds and small animals. The City intends to be proactive in conserving the values associated with these trees, minimizing unnecessary removal, replacing them when necessary, and encouraging new tree planting whenever possible.

The Public Works Department, as advised by the Department of Community Development, shall have primary responsibility for the management of Public Trees.

A.    The Department of Public Works, in collaboration with the Department of Community Development, shall develop a conservation policy for Public Trees. This policy may include application requirements as established by the Department of Public Works. Except as defined in Sections 25.36.8 (B) and (C) below, the policy will govern the removal of Public Trees and will establish a process, administered by the Public Works Department, for managing such removals and mitigation measures. This policy shall be reviewed by the Open Space Commission and the Planning Commission and adopted by resolution of the City Council.

B.    When Theme Trees within the right-of-way, median strip or other public property are removed by the Public Works Department or City contractors, said trees should be replaced by the same species. If the tree is to be replaced with another species or type, the replacements shall be approved by the Director of Community Development, in cooperation with the Public Works Department.

C.    If the tree is a native oak, bay laurel, madrone, or buckeye on public property whose trunk(s) exceed six (6) inches in diameter at a point measured at 4-1/2 feet above the existing ground level of the tree, a Tree Removal Permit must be obtained from the Department of Community Development per Section 25.36.5 of this Ordinance. The Director of Community Development shall work with the Public Works Department to identify appropriate mitigation measures, as defined in Section 25.36.9, for removal of the tree.

D.    The Director of Community Development is directed to work with the Director of Public Works to develop a list of recommended street trees and theme trees for use on public and private property in the City of Fairfield. Said list will be reviewed and approved by the Planning Commission.

Trees contribute significant benefits to the City. When a tree is removed, the overall quality of the community can be degraded. Mitigation can alleviate or eliminate these impacts. Mitigation for approved removal of trees shall be reviewed and approved by the Department of Community Development on a case-by-case basis. Criteria used to review mitigation plans may include:

A.    Whether the mitigation plan replaces the environmental, cultural, aesthetic, or other values of the lost trees.

B.    The availability of land, either on-site or off-site, for mitigation planting.

C.    Survivability, size, and value of the proposed replacement trees.

D.    Provisions for maintenance and survival of the replacement trees.

It is the policy of the City to encourage the replacement of protected trees on an inch-for-inch basis. Staff shall review the specific mitigation program for each project on a case-by-case basis. To determine the number of replacement inches, the applicant should use the diameter or caliper of the tree proposed for removal, measured at breast height (4-1/2 feet above the normal surface). Inches of replacement may be translated into standard nursery planting sizes using the following formulas:

Parties who remove a tree in violation of this Ordinance shall be subjected to a mitigation requirement of 3 (three) inches for every inch removed. Additional mitigation requirements may be imposed as determined necessary by the Director of Community Development.

A tree may be removed without prior granting of a tree removal permit when removal of said tree is immediately necessary to protect public or private property or human health and safety from imminent danger or harm.

Because preservation of Public Trees in parkway strips and public parks throughout the City is of importance to maintaining the quality of the City’s neighborhoods, and because volunteers and property owner participation can assist in the maintenance and planting of such Public Trees, the City Council hereby establishes an “Adopt-A-Tree” program.

A.    The Director of Public Works, working with the Directors of the Community Development and Community Services Departments, is authorized to develop appropriate standards to permit and encourage neighborhoods, civic organizations, and other interested parties to “adopt” Public Trees.

B.    The Director of Public Works is authorized to enter into contracts with interested parties to implement the “Adopt-A-Tree” program. These contracts may provide for organizations or individuals to perform, under City oversight, tree planting, routine maintenance, watering, and other activities to ensure the health of the trees.

C.    The City is authorized to provide appropriate assistance to parties involved in an “Adopt-A-Tree” program.

This section is intended to provide incentives to encourage the production of affordable housing in the City of Fairfield and to implement the General Plan Housing Element and State Density Bonus Law (Government Code Section 65915).

The provisions of this section shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein. (Ord. No. 2021-02, § 1)

For purpose of this Section, the following words and phrases shall have the following meanings. Where the definitions of terms defined herein are inconsistent with definitions provided under State density Bonus Law, the meanings of the terms in State Density Bonus Law shall prevail.

A.    "Area median income" means the median family income for Solano County as determined by the California Department of Housing and Community Development.

B.    "Childcare facility" means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers.

C.    "Density bonus" means an increase in density over the otherwise maximum allowable residential density as of the date of application by the applicant to the city. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies a housing development for a density bonus.

D.    "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, setback requirement, floor area ratio, onsite open-space requirement, or parking ratio that applies to a residential development pursuant to the zoning ordinance, an applicable specific plan, the general plan, or other local ordinance, policy, or regulation.

E.    "Housing development" means a development project for five or more residential units, including mixed-use developments. For purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Civil Code Section 4100, that has been approved by the City and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 6585.4(d), where the result of the rehabilitation would be a net increase of available residential units.

F.    "Incentives or Concessions" include, but are not limited to, a reduction of development standards or zoning ordinance requirements which exceed minimum building standards and which result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents; the approval of mixed-use zoning in conjunction with the housing development project in order to reduce the cost of housing development where the mixed-use development is compatible with the housing project and the existing or planned development in the area; or other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

G.    "Lower income households" means persons and families whose total household income does not exceed 80 percent of the area median income, as set forth in Health and Safety Code Section 50079.5.

H.    "Major transit stop" means (i) an existing rail or bus rapid transit station; (ii) intersection of two or more bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods; or (iii) any other major transit stops that are included in an applicable regional transportation plan.

I.    "Maximum allowable residential density" means the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

J.    "Moderate income households" means persons and families who are not "lower income households" and whose total household income does not exceed 120 percent of area median income, as set forth in Government Code Sections 50053 and 50093.

K.    "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, as set forth in Civil Code Section 51.3.

L.    "Very low-income households" means persons and families whose total household income does not exceed 50 percent of area median income, as set forth in Health and Safety Code Section 50105. (Ord. No. 2021-02, § 1)

A.    In addition to any other review required for a proposed housing development, applications for a density bonus or other benefit(s) under this Section shall be filed with the community development department on a form approved by the director. The application shall be filed concurrently with the application for minor development review, development review, or other applicable planning entitlement(s) for the housing development. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council.

B.    The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of developments standards, and parking ratios.

C.    City staff shall process a complete application for a density bonus in the same manner as, and concurrently with, the application for minor development review, development review, or other planning entitlement(s) as required by this Code.

D.    Density bonus applications shall be reviewed and acted on by the same review authority as the housing development’s other entitlement(s), as set forth in Section 25.41 of the Zoning Ordinance. (Ord. No. 2021-02, § 1)

A.    In order to be eligible for a density bonus, incentives or concessions, a waiver of development standards, or parking ratios as provided by this Section, a proposed housing development project must meet at least one of the following requirements as provided in Government Code Section 65915:

1.    At least 5 percent of the total units are for very low-income households.

2.    At least 10 percent of the total units are for lower income households.

3.    A senior citizen housing development, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5.

4.    At least 10 percent of the total units in a common interest development, as defined in Civil Code Section 4100, are for moderate income households, provided that all units in the housing development are offered to the public for purchase.

5.    At least 10 percent of the total units are for transitional foster youth, disabled veterans, or homeless persons, and such units are subject to a recorded affordability restriction of 55 years at the same affordability level as very low-income units.

6.    At least 20 percent of the total units are for lower income students in a student housing development that meets the requirements under Government Code Section 65915(b)(1)(F).

7.    100 percent of the total units and the density bonus units, but exclusive of a manager’s unit(s), are for lower income households; provided, however, that up to 20 percent of the units, including total units and density bonus units, may be for moderate income households.

B.    An applicant for approval to convert apartments to a condominium project shall be considered and approved for a density bonus or any other associated incentives or concessions in accordance with Government Code Section 65915.5. Said conversion shall be consistent with Chapter 25, Article IV (Condominium Conversion Ordinance) and Section 25.32.14.

C.    An applicant shall be ineligible for a density bonus or any other benefit provided under this Section if the housing development involves the redevelopment of existing dwelling units, or dwelling units that have been vacated or demolished in the 5-year period preceding the application, that have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to lower income households, or occupied by lower income households, unless the proposed housing development replaces those units in accordance with Government Code Section 65915.

D.    Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of units that qualifies a housing development for a density bonus. (Ord. No. 2021-02, § 1)

A.    For a housing development qualifying pursuant to Section 25.38.3 and Government Code Section 65915, the City shall grant a density bonus in the amount specified by subsection (f) of Section 65915, as may be amended from time to time. All density calculations resulting in fractional units shall be rounded up to the next whole number.

B.    A housing development that is eligible for a density bonus pursuant to Section 25.38.4 above and includes a childcare facility to be located on the premises of, as a part of, or adjacent to the project, may be entitled to either an additional density bonus or an additional incentive or concession as provided in subsection (h) of Government Code Section 65915.

C.    An applicant may elect to accept a lesser percentage of density bonus than provided in Government Code Section 65915, including no density bonus.

D.    The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval. (Ord. No. 2021-02, § 1)

A.    The City shall grant a qualifying housing development the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless the City finds any of the following:

1.    The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units.

2.    The concession or incentive would have a specific, adverse impact upon public health, safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to lower income and moderate-income households.

3.    The concession or incentive would be contrary to state or federal law.

B.    Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. (Ord. No. 2021-02, § 1)

A.    Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant.

B.    A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted.

C.    The City shall approve a waiver or reduction of a development standard, unless it finds any of the following:

1.    The application of the development standard would not physically preclude the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant.

2.    The waiver or reduction of the development standard would have a specific, adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

3.    The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

4.    The waiver or reduction of the development standard would be contrary to state or federal law. (Ord. No. 2021-02, § 1)

A.    Pursuant to Government Code Section 65915(p), upon request by the applicant, the City shall not require a vehicle parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following:

1.    0 to 1 bedroom: 1 onsite parking space.

2.    2 to 3 bedrooms: 1.5 onsite parking spaces.

3.    4 or more bedrooms: 2.5 parking spaces.

B.    Lower parking ratios shall apply to the following projects, if requested by the applicant, as set forth in Government Code Section 65915(p):

1.    Housing developments with at least 11 percent very low income or at least 20 percent lower income units and are located within one-half mile of a major transit stop, as defined in Government Code Section 65915(o)(2), to which there is unobstructed access: 0.5 spaces per unit.

2.    Rental housing developments that are 100 percent affordable to lower income households [exclusive of manager’s unit(s)] and are located within one-half mile of a major transit stop, as defined in Government Code Section 65915(o)(2), to which there is unobstructed access: No minimum parking requirement.

3.    Rental housing developments that are 100 percent affordable to lower income households [exclusive of manager’s unit(s)]; are for individuals who are 62 years of age or older and comply with Civil Code Sections 51.2 and 51.3; and either have paratransit service or are located within one-half mile to a fixed bus route service that operates at least eight times a day and to which there is unobstructed access: No minimum parking requirement.

4.    Rental housing developments that are 100 percent affordable to lower income households [exclusive of manager’s unit(s)]; are special needs housing developments or supportive housing developments; and either have paratransit service or are located within one-half mile to a fixed bus route service that operates at least eight times a day and to which there is unobstructed access: No minimum parking requirement.

C.    If the total number of required parking spaces is not a whole number, the number shall be rounded up to the next whole number.

D.    A housing development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking.

E.    A request for parking ratios pursuant to this subsection shall not reduce the number of incentives or concessions to which an applicant is entitled pursuant to Section 25.38.5, except where the applicant requests parking incentives or concessions beyond those provided in this subsection. (Ord. No. 2021-02, § 1)

A.    The applicant shall comply with all requirements stated in Government Code Section 65915.

B.    The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

C.    For any housing development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible under this Section must be constructed concurrently with or prior to the construction of any market rate units. The exterior of the affordable units shall be visually indistinguishable from the market rate units in the housing development in terms of overall design, execution, and use of materials. Affordable units may be smaller than the market rate units but shall be proportionally comparable in bedroom count to the market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the housing development. (Ord. No. 2021-02, § 1)