This Section provides procedures and requirements for the preparation, filing, and initial processing of applications for the land use permits and other entitlements required by this Ordinance.

Table 25-18: Development Permit Requirements below establishes the approval and permit requirements for various types of improvements subject to this Ordinance. Where a conflict occurs in this Table with respect to different permit requirements for various improvements that are a part of a project, the permit with the higher level of review shall be required (e.g., if one improvement requires a Minor Discretionary Review permit, but another requires Development Review, a single Development Review permit shall be required for the whole of the project).

For the purposes of this Section, the terms used in Table 25-18 shall have the following meanings:

A.    “Facade alteration” shall mean any remodel, renovation, or alteration to the exterior of a structure, such as changes to awnings, color, building material and trim, windows and doors, and the like.

B.    “Site plan or landscape alteration” shall mean the installation of new improvements or modification to existing site improvements, such as vehicle circulation or parking, exterior lighting, fences and walls, trash enclosures, landscaping, hardscape, utilities, ground mounted mechanical equipment or silos, outdoor storage, and the like. “Major” revisions shall include those projects that are not exempt from the California Environmental Quality Act; all other revisions are considered “minor”.

C.    “Minor alteration to a historic place” shall mean changes to exterior building color; construction of attached or detached accessory structures; changes to landscaping, hardscape, fences or walls; removal of mature trees; and alterations to exterior mechanical equipment to a property listed on a local or national register of historic places. All other alterations shall be considered major. A demolition project shall mean destruction of any structure or improvement that was the basis for a property being listed on the local or national register of historic places.

D.    The permit requirements for grading projects listed on this Table apply to those activities that are not authorized by a valid City approval for a development project, except where a lower level of review was required (e.g., if a small building qualifies for Minor Development Review, but the grading operation requires Development Review, a Development Review permit is required for the whole of the project). Projects that involve over 50,000 cubic yards of import or off-haul material shall be defined as “major”. “Minor” projects involve any of the following:

1.    Movement of over 100,000 cubic yards of material on-site;

2.    Encroachment into wetlands or riparian habitats, or the removal of any tree ten inches or greater in diameter;

3.    Creation of slopes visible from public view that are in excess of five feet in vertical height with a slope of four:one (horizontal:vertical) or steeper; or

4.    Creation of any slope in excess of 15 feet in vertical height with a slope of three:one (horizontal:vertical) or steeper.

    Other grading activity that does not exceed the above thresholds shall not require any permit approval by this Section, but may be regulated by the City’s Grading and Erosion Control Ordinance (Chapter 25, Article VI).

A Zoning Clearance shall be required of all proposed land uses or structures identified as “Ministerial” in Table 25-18 and where the City’s decision is limited to the use of only fixed standards or objective measurements rather than being based on policy determinations and the exercising of judgment by the approval body in deciding whether or how the project should be carried out.

The purpose of the Zoning Clearance is to ensure that a proposed project complies with the permitted list of activities allowed in the applicable zoning district, and any development standards applicable to the type of use. The Zoning Clearance requires no public notice, is not subject to the California Environmental Quality Act, and may not be appealed.

The purpose of Plan Review is to provide an over-the-counter review for minor architectural and site planning improvements, such as but not limited to installation of a new window or door in a commercial storefront, repainting of a commercial storefront, replacement of plant materials in an existing landscaping setting, or installation of outdoor equipment with no environmental impacts in a hidden location not visible from off-site. Improvements which require more discretion in review or may have impacts on the public or adjoining properties will require Minor Discretionary Review.

Minor Discretionary Review is an administrative review process that allows for the review and approval of minor improvements where the review is routine in nature, but action may require an interpretation to determine compliance with established design guidelines. Minor Discretionary Review shall be required as identified by Table 25-18 (Development Permit Requirements).

A.    Application filing and processing. An application for Minor Discretionary Review shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Upon receiving a complete application, the Director shall either grant approval or conditional approval, or shall deny the permit. The Director’s decision shall be based on the proposed improvement’s compliance or non-compliance with this Ordinance or design guidelines established by the City Council. The Director shall make his or her decision within five working days, depending on the complexity of the proposal and determination.

Notes:

(1)    At the time of a Development Review approval for single family tract housing, the Planning Commission may authorize that subsequent phases of the project consistent with an approved community design plan be approved with an application for Minor Development Review (vs. Development Review) in order to streamline the review of what would be a routine application.

(2)    Design changes to an approved but not built home are subject to Minor Discretionary Review.

(3)    Plan Review is applied to very minor architectural site planning and architectural changes which require minimal construction.

(4)    Requires notification of all property owners within 300 feet of the residence.

(5)    Single-family residential developments involving a minimum residential density of 12 units per gross developable acre within Heart of Fairfield Plan zoning districts require Minor Development Review.

B.    Environmental review. Improvements requiring Minor Discretionary Review are those that are normally not subject to the California Environmental Quality Act. If the Director determines that a proposal has the potential to create a significant impact on the environment, the permit shall be reviewed in accordance with the procedures established by the City to comply with the California Environmental Quality Act.

C.    Special notice for custom homes. Within two days of receiving a complete Minor Discretionary Review application for a custom home, the Director shall mail notification to all property owners within 300 feet of the property on which the home is proposed. (Ord. No. 2010-03, § 2; Ord. No. 2018-03, § 12; Ord. No. 2023-03, § 9; Ord. No. 2025-01, § 13.)

Improvements requiring Minor Development Review and Development Review are those that require in depth review and discretion by the City to determine compliance with the applicable City regulations or guidelines, Specific or Master Development Plans, the General Plan, or the California Environmental Quality Act. Minor Development Review and Development Review shall be required as identified by Table 25-18: Development Permit Requirements.

A.    Application filing and processing. An application for Minor Development Review shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Review by the Development Action Review Team (DART), as described in Section 25.41.5 (C), shall be required. Depending on the project location, review by a Planning Area Design Review Committee and/or the Open Space Commission may be required (see Section 25.41.5).

B.    Approval authority. Each application for Minor Development Review shall be reviewed and acted on by the Director, who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the Minor Development Review application to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in 25.41.1 (B) (Director referrals to the Planning Commission). Development Review permits shall be acted on solely by the Planning Commission.

C.    Findings and conditions. In approving any Minor Development Review or Development Review application the Director or Planning Commission shall make the following findings and impose reasonable conditions to ensure that they are fulfilled:

1.    The project is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan;

2.    The exterior design and appearance of the project will not cause the nature of the neighborhood to economically, physically, or visually decline;

3.    The project is of high quality design consistent with applicable design policies and standards of the City; and

4.    Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated. For this reason, the proposed project complies with the California Environmental Quality Act (CEQA).

D.    Standards for application review. The review of each application for Minor Development Review or Development Review shall include an analysis of the following items, to the extent to which they are applicable to a specific project:

1.    The overall design of the project in relation to the character of the project site and surrounding neighborhood;

2.    The design of the site plan orientation, placement, appearance, and harmony of proposed buildings and open spaces in relation to physical characteristics of the site and surrounding natural or man made features, and planned uses of adjacent land;

3.    The design of the circulation system including the on-site location and dimensions of vehicular and pedestrian entrances, exits, drives and walkways, in relation to the surrounding street and trail system on individual parcels and on surrounding land;

4.    Building scale, mass, proportion, articulation of facades, use of materials, overall composition of design, and harmony with surrounding buildings;

5.    The location, height, materials, and design of fences and walls relative to the need for sound attenuation and screening of existing or future uses on or off-site;

6.    Colors and materials in relationship to adjacent architectural and natural elements;

7.    Street and lot configuration in relation to established neighborhoods or surrounding natural features;

8.    The type, location, number, and size of plants in consideration of the nature of the proposed use, uses of surrounding property, water use and suitability of the plant material for local climatic conditions; and, the selection of pavement materials, pedestrian fixtures (e.g., seating, trash receptacles, lighting);

9.    The design of outdoor advertising signs including the location, size, height, color, and lighting, in relation to the nature of the proposed use, uses of surrounding property, and the proposed site plan and building design.

10.    Compliance with the General Plan, applicable Specific or Area Wide plans, City regulations, design guidelines, and the California Environmental Quality Act. (Ord. No. 2013-07, § 2. Formerly 25.40.4.)

The Conditional Use Permit is intended to allow for activities and uses that may not be appropriate for all locations and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. Uses requiring a Conditional Use Permit may not be appropriate without specific conditions being applied that eliminate or minimize any negative impacts caused by the use. Conditional Use Permit approval is required for all land uses identified by Division II (Zoning Districts and Allowable Land Uses) as allowable subject to Conditional Use Permit approval.

A.    Application filing and processing. An application for a Conditional Use Permit or modification to an existing Conditional Use Permit shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Each application shall be reviewed and acted on by the Director, who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the Conditional Use Permit to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in Section 25.41.1 (B) (Director Referrals to the Planning Commission).

B.    Findings and conditions. Following a public hearing, the Director shall record the decision and the findings upon which the decision is based. The Director or Planning Commission may approve a Conditional Use Permit application if all of the following findings are made:

1.    The location, size, design, and operating characteristics and intensity of the proposed use are compatible with the existing and anticipated future land uses in the vicinity.

2.    The proposed use is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan.

3.    Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated. For this reason, the proposed Conditional Use Permit complies with the California Environmental Quality Act (CEQA).

4.    Adequate facilities, such as roads, utilities, and City services are provided to serve the use, or will be provided as conditions of approval for the Use Permit.

5.    The proposed use will not create either an imbalance or overabundance of similar uses in the vicinity.

6.    The proposal will not constitute a nuisance or be detrimental to the health, safety, morals, peace, or the general welfare of the surrounding neighborhood and the City. The conditions and limitations on the use identified in the Conditions of the Use Permit will assure the use does not bear an adverse effect on the surrounding neighborhood.

    Any Conditional Use Permit granted shall be subject to conditions that will ensure that the permit will eliminate or minimize any negative impacts caused by the use.

C.    Findings for conditional uses approved in the HD and HDC districts. In addition to the findings identified above, the following findings shall be made for any conditionally approved use in the Heart of Fairfield Downtown (HD) or Downtown Core (HDC) zoning districts:

1.    The use is consistent with the desired pedestrian-oriented, street-level, downtown character of small specialty shops, restaurants, cultural, and entertainment uses.

2.    The exterior design, architecture, signs, and landscaping are attractive, and complement and enhance the desired unique downtown character, scale, and image.

3.    The use will not create either an imbalance or overabundance of similar uses already located in the downtown and will not detract from the desired downtown image and character.

4.    The use or development will be consistent with the intent, vision, and policies established in the Heart of Fairfield Plan.

D.    Findings for Conditional Use Permits for additional building height or increased Floor Area Ratio. When approving any Conditional Use Permit for increase building height or floor area ratio, the review authority shall make the following findings, instead of the findings identified in Section 25.40.6 (B):

1.    The Conditional Use Permit shall not allow the maximum building height to exceed twice that allowed by the zoning district in which the proposed building is located.

2.    Within or adjacent to a residential zoning district, one additional foot of required setback shall be provided for one foot of height above the base district regulations, up to a maximum of a 60-foot setback.

3.    The overall mass and scale of the building shall be appropriate for the subject site and compatible with the surrounding neighborhood.

4.    The placement of the building on the site and architecture shall minimize adverse impacts on adjoining property, including light and air, privacy, and views.

5.    If the request involves an increase in the density or intensity of a use on the site, above that allowed by base zoning regulations, the cumulative impacts of the project relative to the General Plan service level shall be considered.

E.    Permits required for uses previously allowed by Planned Unit Development permit. An application for a Conditional Use Permit shall not be denied on the basis that the proposed use is not an appropriate use at the subject location, if the application proposes the same type of use that was authorized by a Planned Unit Development Permit lawfully in effect on May 20, 1999, regardless of the length of time that the prior use has been discontinued. The Director or Planning Commission, however, may deny or condition such an application for a Conditional Use Permit on any other lawful basis, in which the proposed use is designed or will be operated or maintained (see also 25.46, Nonconforming Structures and Uses).

F.    Modification or revocation.

1.    In any case where the conditions of a use permit have not been complied with, the Director shall give written notice of intention to see revocation or modification of such permit to the permitee at least ten (10) calendar days prior to a Planning Commission hearing on the permit. At the conclusion of the hearing, the Commission may revoke or modify such permit.

2.    In any case where a use permit has been exercised and the approved use moves to a new location or ceases to operate, the use permit will automatically terminate twelve (12) months from the date the use ceases to operate or moves from the parcel on which the permit was approved. (Ord. No. 2013-07, § 2; Ord. No. 2017-14, § 18. Formerly 25.40.5.)

A.    Applicability. This section shall be applicable to any property located within the boundaries of the Suisun Marsh Primary or Secondary Management Area, as designated by the map titled “Boundaries of the Suisun Marsh,” adopted by the San Francisco Bay Conservation and Development Commission (Resolution No. 53) on February 2, 1978. Any property owner seeking to place fill, facilities, or structures, whether temporary or permanent, whether or not these structures or fill require a building permit or do not require a building permit shall obtain Marsh Development Authorization (“Authorization”) to do so. The same requirement shall apply to property owners seeking to annex to the City, redesignate, rezone, or otherwise entitle any property in these areas. Any application and the approval thereof shall be consistent with the requirements of the San Francisco Bay Conservation and Development Commission (BCDC) and the Suisun Marsh Preservation Act of 1977.

B.    Filing. An application for a Marsh Development Authorization or modification to an existing Marsh Development Authorization shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval). The applicant shall pay a fee as required by City Council resolution.

C.    Processing. Each application shall be reviewed and acted on by the Director who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the application for Marsh Development Authorization to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in Section 25.41.1 (B) (Director Referrals to the Planning Commission). Prior to permit issuance, the City shall route the CEQA document prepared for the project to the State Clearinghouse for a period of no less than 30 days. At the end of the 10-day appeal period after permit issuance, the City shall provide notice to BCDC of its decision to grant the approval. Should it intend to appeal the City’s decision, BCDC shall provide notice to the City within 20 days of receiving the City notice. (Ord. No. 2013-07, § 2. Formerly 25.40.6.)

The provisions of this Section allow for Variance from the development standards of this Zoning Ordinance (Chapter 25, Article I) only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

A.    Applicability. The Commission may grant a Variance from the requirements of this Zoning Ordinance governing only the following development standards:

1.    Dimensional standards (i.e., distance between structures, parcel area, building coverage, landscape and paving requirements, parcel dimensions, setbacks, and structure heights);

2.    Number and dimensions of parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this Ordinance.

    No Variance shall be granted to allow land uses or residential densities that would otherwise not be allowed by this Ordinance.

    This Section does not address variance from the standards in the Fairfield Sign Ordinance (Chapter 25, Article IX). Variances from the Sign Ordinance requirements are addressed through the Sign Exception process established in that Ordinance or through the adoption of a Special Sign District established by an Ordinance of the Fairfield City Council.

B.    Application filing and processing. An application for a Variance shall be filed in compliance with Section 25.41 (Application Filing, Processing, and Approval). Each application shall be reviewed and acted on by the Director, who shall hold a public hearing on the application in compliance with Section 25.43 (Public Hearings). The Director may refer the Variance application to the Planning Commission if he or she determines Commission review is warranted based upon the criteria in Section 25.41.1 (Director Referrals to the Planning Commission).

C.    Findings, decision, conditions. Following a public hearing, the Director or Commission may approve, approve subject to conditions, or deny the Variance, and shall record the decision in writing with the findings upon which the decision is based, in compliance with State law (Government Code Section 65906). In approving any variance, the following findings shall be made:

1.    There exist unique circumstances applicable to the property (i.e., size, shape, topography, location or surroundings), such that the strict application of this Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts;

2.    The Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; and

3.    The Variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

    Any Variance granted shall be subject to conditions that will ensure that the Variance does not grant special privilege(s) inconsistent with the limitations upon other properties in the vicinity and same zoning district. (Ord. No. 2013-07, § 2; Ord. No. 2016-08, § 2. Formerly 25.40.7.)

A.    Review Authority. Table 25-19: Review Authority identifies the City official or body responsible for reviewing and making decisions on each type of permit or amendment. For the purposes of this section, the following special terms used in Table 25-19 shall have the following meanings:

1.    "Recommend” means that the review authority makes a recommendation on the approval or denial of the request to a higher decision-making body;

2.    "Decision” means that the review authority makes the final decision on the matter;

3.    "Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 25.44 (Appeals); and

A dash indicates that a review authority has no involvement in the matter. For example, Ministerial Actions are not subject to appeal.

B.    Director referrals to the Planning Commission. Director referrals to the Planning Commission may occur in the following manner:

1.    Required referrals. The Director shall refer any permit over which he or she has discretion to the Commission when the Director determines that the permit will involve:

a.    Preparation of an Environmental Impact Report;

Notes:

(1)    Community Services Commission and Planning Area Design Review Committee are also involved in the review of projects within their scope of authority (see Sections 25.41.5 and 25.49).

b.    Establishment of an important new policy or precedent, or a change in policy previously established by the Planning Commission or City Council; or

c.    Substantial adverse impact on City services or facilities that were not anticipated by previous actions of the Planning Commission and/or City Council.

2.    Optional referrals. The Director may refer any permit over which he or she has discretion to the Commission when it involves the following:

a.    In the judgment of the Director, the processing of the permit would be expedited by the immediate scheduling the matter for a hearing before the Planning Commission (e.g., in the case of an obvious appeal); or

b.    The Planning Commission is to review related application(s), and the referral would facilitate consideration of the whole of the project at one time.

A prospective applicant or agent is encouraged to file for Conceptual Review with the Department prior to completion of the final project design and the formal submittal of a permit application. The purpose of Conceptual Review shall be to:

A.    Verify the applicable land use regulations, development standards, and design guidelines that apply to the project;

B.    Inform the applicant of City requirements as they apply to the proposed development project, review the procedures outlined in this Ordinance, explore possible alternatives or modifications; and

C.    Identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

A.    Application contents. Applications for permits, amendments, and other matters pertaining to this Ordinance shall be filed with the Department on a City application form, together with all fees, plans, maps, reports, and other information prepared as required by the Application Submittal Requirements instruction list provided by the Department. Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

B.    Eligibility for filing. Applications may only be made by the property owners, their designated agents, or persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits under this Ordinance.

The Council shall, by resolution, establish a schedule of fees for permits, amendments, and other matters pertaining to this Ordinance. The schedule of fees may be changed or modified only by resolution of the Council.

Except for approvals that occur over-the-counter (e.g., Zoning Clearance or Minor Discretionary Review permits), all applications filed with the Department as required by this Ordinance shall be initially processed as follows:

A.    Completeness review. Within 30 days of the application submittal, the Department shall review the application for completeness and accuracy before accepting it as being complete for processing and officially filed.

1.    Notification of applicant. Within 30 days, the applicant shall be informed by a letter either that the application is complete and has been accepted for processing; or that the application is incomplete and that additional information, specified in the letter, must be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by Subsection (A)3.

2.    Appeal of determination. Where the Department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Department is not required, the applicant may appeal the determination in compliance with Section 25.44 (Appeals).

3.    Application deemed withdrawn. If the applicant does not complete a pending application, i.e., not accepted as complete by the City, within 60 days after the filing with the Department, the application shall be deemed withdrawn, unless extended by the Director. Any unexpended processing fees shall be refunded to the applicant.

4.    Additional information. After an application has been accepted as complete, the Department may require the applicant to submit additional information needed for the environmental review of the project as provided by Section 25.41.6 (Environmental Assessment).

B.    Housing Development Consistency Review. Pursuant to Government Code Section 65589.5(j)(2)(A), upon receipt of a complete application for a housing development project, as that term is defined by Government Code Section 65589.5(h)(2), the Department shall review the project for consistency with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time the application is determined to be complete. If the Department finds the project to be inconsistent with such standards and criteria, it shall inform the applicant in writing and identify and explain the reason or reasons it considers the project inconsistent, as follows:

1.    150 or fewer housing units. Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.

2.    More than 150 units. Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.

C.    Application referral. At the discretion of the Director or where otherwise required by this Ordinance, State or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use.

D.    Development Action Review Team (DART) review. As identified in Table 25-19, the Development Action Review Team (DART), comprised of staff from various City Departments and the Fairfield Suisun or Travis Unified School Districts, may review any application. Review by DART shall consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, security, fire flow, emergency access, location of fire hydrants, water and sewer connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and other State and local code requirements.

DART shall be responsible for requiring changes to a project, or recommending conditions, that ensure that a development proposal will be in compliance with applicable City regulations, design guidelines and construction standards. Comments from other agencies such as the school district shall be considered by DART. Also, DART shall undertake environmental review of the project and make appropriate recommendations to the Community Development Department and/or Planning Commission. The information received at the DART meeting shall be sent in writing to the applicant within five days.

E.    Open Space Commission review. If the proposed project is located in an Open Space Planning Area (as identified in General Plan Exhibit OS-1), the Open Space Commission shall review the project. The Commission will consider and make recommendations to the Planning Commission and City Council regarding the designation, preservation, and protection of agricultural, ecological, recreational, and scenic lands (see also Chapter 12 D).

F.    Planning Area Design Review Committee. In accordance with Section 25.49, certain areas of the City may require that development applications in certain areas be reviewed by a Planning Area Design Review Committee. Where applicable, the Committee shall review a project design and make a recommendation to the Director or Planning Commission on approval, conditional approval, or denial of an application subject to its review. The criteria for review shall be in accordance with Section 25.49.2, or any special regulations and/or design guidelines that are applicable to the planning area. Public notice of Committee meetings shall occur as prescribed in Section 25.43.

G.    Community Services Commission review. If the proposed project is located in or adjacent to an area designated on the General Plan as Open Space Recreational or zoned Recreation, including but not limited existing and future park sites, the proposal may be referred to the Community Services Commission for review. The Commission will consider and make recommendations to the Planning Commission regarding access to and use of recreational open space. The Planning Commission shall adopt policies to clarify what type of projects or issues are referred to the Community Services Commission. (Ord. No. 2018-03, § 13.)

After acceptance of a complete application, the project shall be reviewed as required by the City of Fairfield CEQA Guidelines and the California Environmental Quality Act (CEQA), to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a Negative Declaration may be issued, or whether an Environmental Impact Report (EIR) must be required. These determinations and, where required, the preparation of EIRs shall be completed consistent with the City’s CEQA Guidelines.

Where Planning Commission or City Council approval is required by this section, a staff report to the Commission and/or Council shall be prepared in the following manner:

A.    Staff evaluation. The Department staff shall review all discretionary applications filed in compliance with this Section to determine whether they comply and are consistent with the provisions of this Ordinance, other applicable provisions of the City Code, and the General Plan, and shall provide a recommendation to the Commission and/or Council (as applicable) on whether the application should be approved, approved subject to conditions, or denied.

B.    Staff report preparation. Where a discretionary application requires a public hearing before the Planning Commission, a staff report shall be prepared by the Department that describes the Department staff’s conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Ordinance, other applicable provisions of the City Code, applicable Specific Plans, and the General Plan. The staff report shall include recommendations on the approval, approval with conditions, or denial of the application, based on the evaluation and consideration of information provided by an initial study or environmental impact report.

C.    Report distribution. Staff reports shall be available to applicants at the same time as they are provided to members of the Commission and/or Council prior to a hearing on the application.

A.    Approval authority. As identified in Table 25-19, the Review Authority is authorized to approve, modify, or deny applications and to impose reasonable conditions to ensure compliance with adopted standards, policies and ordinances. In making decisions on proposed projects, the review authority shall consider the recommendations of the Development Action Review Team, the Design Review Commission, Open Space Commission, Community Services Commission, and input from the applicant and general public if provided.

B.    Commission recommendation to City Council. At the conclusion of any public hearing on a proposed amendment to this Ordinance, the Zoning Map, or the General Plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission’s recommendation shall be mailed to the applicant at the address shown on the application.

No application that has been denied by the City shall be reconsidered within one year. The City Council is authorized to grant exceptions to this provision.

The following provisions outline requirements for the implementation or “exercising” of the permits required by this Ordinance, including time limits, and procedures for extensions of time.

With the exception of Minor Discretionary Review approvals, the land use permits established by this Article shall become effective on the 14th business day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority’s action has been filed in compliance with Section 25.44 (Appeals). Minor Discretionary Review approvals, including those for custom homes, shall become effective on the sixth day following the date of application approval. (Ord. No. 2019-04, § 9.)

Any permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this Ordinance, which shall be satisfied by the applicant before any construction permit is issued, or a land use not requiring a construction permit is established.

A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this Section apply to performance guarantees for projects authorized by any of the land use permits covered by this Ordinance.

A.    Form and amount of security. The required security shall be in the form of a cash deposit, cashiers check or certified check deposited with the Director. Where approved by the Director, a certificate of deposit, instrument or letter of credit may be used, with the City named as beneficiary, where the security pledges that funds necessary to complete permitted grading are on deposit and guaranteed for payment to the City when required by the City. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B.    Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.    Duration of security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director. Maintenance security shall remain in effect for 12 months after the date of final inspection.

D.    Release or forfeit of security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits shall be released. However, upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the applicant or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the applicant after deduction of the cost incurred by the City.

A.    Time limits. Unless conditions of approval or other provisions of this Ordinance establish a different time limit, any permit or entitlement not exercised within 24 months shall expire and become void.

B.    Time extensions. Upon request by the applicant, the review authority identified in Table 25-19 may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the Department before the expiration of the permit, together with the filing fee required by the City Fee Resolution. Prior to granting the time extension request, the review authority shall conduct a new analysis to determine if the project or proposal is consistent with City regulations. The review authority may approve or deny the extension, or add new conditions of approval to ensure compliance with all City regulations.

Development of a new land use authorized through an entitlement granted in compliance with this Section shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes shall be requested before construction or establishment and operation of the approved use.

A.    The Director may authorize changes to an approved site plan, architecture, or the nature of the approved use if the changes:

1.    Are consistent with all applicable provisions of this Ordinance;

2.    Do not involve a feature of the project that was specifically addressed or was a basis for findings in a Negative Declaration or Environmental Impact Report for the project;

3.    Do not involve a feature of the project that was specifically addressed or was a basis for special conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

4.    Do not result in a significant expansion of the use.

B.    Changes to the project involving features described in Subsections (A)2 and (A)3 above shall only be approved by the review authority through a new permit application processed in compliance with this Ordinance.

A land use permit granted in compliance with Section 25.41 (Application Filing, Processing, and Approval) shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.

The following Sections provide procedures for public hearings on any matter related to this Ordinance.

The public shall be provided notice of hearings in compliance with State law (the Planning and Zoning Law, Government Code Sections 65000 et seq., the California Environmental Quality Act, Public Resources Code 21000 et seq.), and this Section. Public notice shall be given and the hearing shall be conducted for any permit requiring a public hearing, as identified below in Table 25-20: Public Notice and Hearing Requirements.

A.    Content of notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed Negative Declaration or Final Environmental Impact Report has been prepared for the project pursuant to the Fairfield CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the Final Environmental Impact Report.

B.    Method of notice distribution. Notice of a public hearing required by this Section for a permit, permit amendment, appeal, or zoning ordinance amendment shall be given as follows:

1.    Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the hearing.

2.    Notice shall be mailed or delivered at least 10 days before the hearing to:

a.    The owner(s) of the property being considered or the owners agent, and the applicant;

b.    Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.    All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing;

d.    Any person whose property may, in the judgment of the Director, be affected by the proposed project; and

Notes:

(1)    Ministerial Actions, Business Licenses, and Zone Clearances are not subject to appeal.

(2)    Custom Homes shall require a public notice, although they only require a Minor Discretionary Review permit (see Section 25.40.4 (C)).

(3)    Certain actions normally taken by the Director are referred to the Planning Commission in accordance with the provisions of Section 25.41.1(B) (Director Referrals to the Planning Commission). Public notice and a hearing is then required.

(4)    If a project requires review by a Planning Area Design Review Committee, a public notice is required for any Committee meeting at which the project is reviewed.

(5)    Adult entertainment businesses must be approved in accordance with the procedures in Section 25.32.2.

e.    Any person who has filed a written request for notice with the Director and has paid the fee set by the most current City Fee Resolution for the notice.

    If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(4).

3.    The Director may require additional notification as follows:

a.    Expand the mailed notice of a public hearing to owners of real property within 500 feet of the property that is the subject of the public hearing;

b.    Posting the notice on the property that is a subject of the hearing;

c.    Providing notice of a public hearing to homeowners associations in the neighborhood of a project; and

d.    Residents or merchants within the mailing radius.

    The Director may also provide any additional notice that the he or she determines is necessary or desirable. (Ord. No. 2020-06, § 5.)

Hearings shall be held at the date, time, and place for which notice has been given as required in this Section. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time, and place to which the hearing will be continued.

Decisions, actions or determinations of the Director or Commission may be appealed as provided for in this section. Table 25-19 (Review Authority) establishes the review responsibility and authority for various actions. Decisions by the Director may be appealed to the Commission, and decisions by the Commission may be appealed to the City Council.

A.    Eligibility. An appeal may be filed by any person aggrieved or affected by any determination in the administration of this Chapter.

B.    Timing and form of appeal. All appeals shall be submitted to the Department in writing on the appeal form provided by the City, and shall specifically state the pertinent facts of the case and the reasons for the appeal. Notice of the appeal may be filed in person or by first class mail, postmarked no later than the last day of the appeal period.

An appeal of Minor Discretionary Review approval shall be filed within five business days following the final date of the determination or action being appealed. Appeals of a decision of the Planning Commission shall be filed within fourteen business days following the decision of the Planning Commission. All other appeals also shall be filed within fourteen business days. The filing fee established by resolution of the City Council shall accompany appeals. In the event of an appeal, the decision being appealed shall be suspended and have no effect until final action by the Review Authority pursuant to this section. (Ord. No. 2015-01, § 1).

A.    Report and scheduling of hearing. When an appeal of the Director’s decision has been filed, the Director shall schedule the matter for consideration by the Planning Commission, which shall occur at a public hearing within forty-five days of the Director receiving the appeal. Notice of the appeal hearing shall be given in accordance with Section 25.43 (Public Hearings). When an appeal of the Commission’s decision has been filed, the Director shall schedule the matter for consideration by the City Council, which shall hear the appeal within forty-five days of the Director receiving the appeal.

B.    Action and findings.

1.    Hearing. The Review Authority shall conduct a denovo public hearing in compliance with Section 25.43 (Public Hearings). At the hearing, the Review Authority may consider any issue or evidence relevant to the appealed matter, in addition to the specific grounds for the appeal.

2.    Decision. The Review Authority may affirm or reverse in whole or in part the action, decision or determination that is the subject of the appeal, based upon its written findings. The Review Authority may make modifications, deletions, or additions to the conditions of approval imposed as part of the appealed decision.

3.    Notice. Notice of the Review Authority’s decision shall be mailed to the original applicant, the person(s) who filed the appeal, and to any other person who has filed a written request for the decision with the Director.

C.    Planning Commission or City Council inaction. If the Planning Commission or City Council is unable to make a final decision on the appeal due to a tie vote, the appeal shall be deemed to be denied and the appealed decision shall become final.

As an additional safeguard to avoid results inconsistent with the purposes of this Chapter, quasi-judicial administrative decisions of the Planning Commission may be called up for review by the City Council.

Two members of the City Council may call for the review of a decision of the Planning Commission within fourteen business days of the Planning Commission’s decision. The call may occur at a Council meeting or by filing a form with the City Clerk. The form shall be prescribed by the City Clerk and may be signed by the members separately or by two members jointly. No fee shall be required. The City Clerk shall schedule the review hearing for commencement within 45 days of the call for review. The review shall otherwise follow the same process as appeals in Section 25.44.3.

If a call for review is made there shall be a presumption applied that the reason for the review is that the action has significant and material effects on the quality of life within the City. No inference of bias shall be presumed due to such a request for review being made by Council members. (Ord. No. 2015-02, § 2).

This Section provides rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of this Section are intended to ensure the consistent interpretation and application of the provisions of this Zoning Ordinance to achieve compliance with the General Plan.

A.    Authority. The Director is assigned the responsibility and authority to interpret the requirements of this Zoning Ordinance.

B.    Language.

1.    Abbreviated titles and phrases. For the purpose of brevity, the following phrases, personnel and document titles have been shortened in this Zoning Ordinance. The City of Fairfield is referred to hereafter as the “City.” The City of Fairfield Zoning Ordinance is referred to as “this Ordinance.” The Director of Planning and Development Community Development is referred to hereafter as “Director,” the City Council is referred to as the “Council,” the Planning Commission is referred to as the “Commission.” “Buildings and structures” are referred to hereafter as “structures.” An “allowable use” means those uses permitted or conditionally permitted in the district in which a property is located.

2.    Terminology. When used in this Zoning Ordinance, the words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended; and “may” is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words “includes” and “including” shall mean “including but not limited to.”

3.    Number of days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days, unless specifically stated otherwise. Time limits will extend to the close of business on the following working day where the last of the specified number of days falls on a weekend or holiday observed by the City of Fairfield.

4.    Minimum requirements. When interpreting and applying the regulations of this Zoning Ordinance, all provisions shall be considered to be minimum requirements, unless stated otherwise.

C.    Zoning Map boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

1.    Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2.    If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; and

3.    Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

D.    Allowable uses of land. If a proposed land use is not specifically listed in the regulations of the district in which a property is located, the use shall not be allowed, except as follows:

1.    Similar uses allowed. The Director may determine that a proposed use not listed in Division II is allowable if all of the following findings are made:

a.    The characteristics of, activities associated with, and potential land use impacts of the proposed use are consistent with those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or population density than the uses listed in the district;

b.    The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c.    The proposed use will be consistent with the goals, objectives and policies of the General Plan and any other applicable adopted Plan.

This provision shall not constraint the Director from requiring an application for rezoning and/or Zoning Ordinance amendment where either is appropriate.

2.    Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Zoning Ordinance apply.

3.    Commission review or determination. The Director may forward questions about equivalent uses directly to the Planning Commission for a determination at a public meeting.

E.    Conflicting requirements.

1.    Zoning Ordinance and City Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations of the City, including approved Final Subdivision Maps, the most restrictive shall apply, unless specifically stated otherwise.

2.    Development Agreements or Specific Plans. If conflicts occur between the requirements of this Zoning Ordinance and standards adopted as part of any Development Agreement or other adopted Area-wide or Specific Plan, the requirements of the Development Agreement or adopted Plan shall apply, unless specifically stated otherwise.

3.    Private agreements. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement. No regulation in this Zoning Ordinance shall be construed to supersede more restrictive use or development standard regulations contained in the Conditions, Covenants, and Restrictions of any property. However, in no case shall uses be allowed beyond those allowed by the Zoning Ordinance.

Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. The public, in compliance with this Section, may also request interpretations.

A.    Request for interpretation. A request shall be written, specifically state the provision(s) in question, and may provide any additional information to assist in the review of the interpretation request.

B.    Record of interpretations. Any provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision should be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments occur, the Director shall maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation. Official interpretations shall be:

1.    In writing, and shall quote the provisions of this Zoning Ordinance being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2.    Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff.

C.    Appeals and referral. Any interpretations of this Zoning Ordinance by the Director may be appealed to the Commission as provided by Section 25.44 (Appeals). The Director may also refer any interpretation to the Commission for a determination.

This Section establishes uniform provisions for the regulation of legal nonconforming structures and land uses. Within the zoning districts established by Ordinance, structures and land uses exist that were lawful prior to the adoption, or amendment of this Ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to encourage the eventual conversion of these uses and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established.

Nonconformities may be continued subject to the following provisions, except as otherwise provided by 25.46.3 (Loss of Nonconforming Status).

A.    Nonconforming uses of land. A legal nonconforming land use may be continued provided that the use shall not be enlarged, increased, or extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use. Any replacement use shall comply with all applicable provisions of this Ordinance. Any use allowed without a Conditional Use Permit prior to adoption of this Ordinance for which a Conditional Use Permit is now required shall be considered a legal nonconforming use unless and until a Conditional Use Permit is obtained. No enlargement of this use shall occur until a Conditional Use Permit has been obtained for the entire use. This section shall not be construed to require a Conditional Use Permit for room additions, accessory dwelling units, or other accessory structures proposed on properties located in the Residential Medium (RM) Density and Commercial Downtown zones where the primary structure on the property existed on April 20, 1999.

Partial abandonment of space occupied by a legal nonconforming use does not eliminate the right of said use to reoccupy space previously occupied, provided the requirements of subsection 25.46.2.B are met.

B.    Replacement of nonconforming uses by similar uses. A nonconforming use may be changed to or replaced by another similar nonconforming use when the facility or building in which the nonconforming use is located can only reasonably accommodate the similar nonconforming use, subject to the following provisions:

1.    The replacement use shall not increase the extent of the nonconformity, the nature of the nonconforming activity, or the site or floor area occupied by the previous nonconforming use on the property.

2.    Any period of temporary vacancy or discontinuance associated with the replacement use shall not exceed the limitation established by Section 25.46.3 (Loss of Nonconforming Status).

3.    The replacement nonconforming use shall be permitted only if the repair and structural alterations required to accommodate the proposed replacement do not exceed 25 percent of the actual value of the structure, as last shown in the Solano County Assessor’s records.

4.    The replacement nonconforming use shall require no different occupancy rating than the previous nonconforming use as established by the Uniform Building Code.

C.    Nonconforming structures. A legal nonconforming structure may continue to be used, repaired, and/or replaced under the following circumstances and according to the following criteria. Any use, repair, or replacement of a nonconforming structure not meeting the circumstances outlined in this section shall comply with all requirements of this Zoning Ordinance and with all Building and Fire Codes in effect at the time of issuance of Building Permit. However, in all circumstances, a property owner may replace multifamily units with the same number and size of residential units.

1    Repair or replacement of structures lost or damaged due to a calamity. Repair or replacement of legal nonconforming structures shall be allowed in the event of fire, earthquake, or other calamity beyond the control of the owner, subject to the following provisions:

a.    Single-family residential. Single-family residential structures may be reconstructed, repaired, or replaced provided a building permit is issued for the reconstruction or repair within 180 days of the calamity.

b.    Multifamily residential. Multifamily residential structures may be reconstructed or repaired, if the repair cost will not exceed 60 percent of the actual value of the structure, provided a building permit is issued for the repair within 180 days of the calamity.

c.    Non-Residential structures. Non-residential structures may be reconstructed, repaired, or replaced if the repair cost will not exceed 60 percent of the actual value of the structure provided a building permit is issued for the repair within 180 days of the calamity.

2.    Replacement of structures removed due to public projects.

a.    Any housing removed as a result of the City’s acquisition of a portion or all of the owners’ property for a public purpose pursuant to a purchase agreement or the exercise of eminent domain may be replaced with structure(s) containing no more floor area than the removed structure on the remaining portion of the owner’s property for occupancy as part of the ongoing use. The replacement structure shall comply with the existinq development standards to the extent feasible and shall be subject to the review of the Department of Community Development. Notwithstanding the above, the property owner of any multifamily units shall be entitled to rebuild the same number and sizes of units removed due to public action.

b.    Any nonresidential structure removed as a result of the City’s acquisition of a portion of the owners’ property for a public purpose pursuant to a purchase agreement or the exercise of eminent domain, which structure is a part of the owner’s ongoing, legal or legal nonconforming use, may be replaced by a structure containing no more floor area than the removed structure on the remaining portion of the owner’s property for occupancy as part of the ongoing use. The replacement structure shall comply with the existing development standards to the extent feasible and shall be subject to the review of the Department of Community Development

3.    Maintenance and repair. A legal nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made (exception: see Subsection (B)3, following), and the work does not exceed 25 percent of the appraised value of the structure as last shown in the Solano County Assessor’s records.

4.    Seismic retrofitting. Reconstruction required to reinforce unreinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with seismic safety standards.

D.    Nonconforming site improvements (not including structure). Where an existing site improvement (landscaping, parking lot layout, etc.) is non-conforming with the current regulations related to such, nothing in this section shall prohibit minor site improvements that result in the reduction of this non-conformity. (Ord. No. 2012-15, § 2; Ord. No. 2015-06, § 2; Ord. No. 2020-05, § 11.)

A.    Nonconforming status. Except as provided in B. and C. below, if a nonconforming land use no longer permitted by this Ordinance is discontinued for a continuous period of 365 days, it shall be presumed that the use has been abandoned. If a nonconforming land use that did not require a Conditional Use Permit prior to adoption of this Ordinance, but now requires this permit, is discontinued for a continuous period of two years, it shall be presumed that the use has been abandoned (see 25.40.5 (E) for provisions related to permits required for uses previously allowed by Planned Unit Development permits).

B.    Train Station Specific Plan. Nonconforming status for properties in the Train Station Specific Plan Area shall be governed by the provisions in Section 25.28.7.K.

C.    Heart of Fairfield Plan Area. Where properties have Heart of Fairfield Zoning designations, nonconforming land uses shall be presumed abandoned after the use is discontinued for a continuous period of ninety (90) days.

D.    Further Use of Abandoned Sites. Without further action by the City, further use of the site or structure presumed abandoned shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this Ordinance. (Ord. No. 2012-15, § 2; Ord. No. 2017-14, § 19.)

The following provisions allow for the amendment of the General Plan, the official Zoning Map, or this Ordinance whenever required by public necessity and general welfare. A General Plan Amendment may include revisions to text, goals, policies, actions, or land use designations. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Ordinance may modify any standards, requirements, or procedures applicable to the subdivision, development, and/or use of property within the City.

Upon receipt of a complete application to amend the General Plan, the Zoning Map, or this Ordinance, or upon initiation by the Commission or Council, and following Department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Section 25.43 (Public Hearings).

The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 25.47.5 (Findings).

Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form or deny the proposed amendment based upon the findings in Section 25.47.5 (Findings for Zoning Map Amendments).

If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or within any longer time set by the Council, shall be deemed a recommendation for approval of the modification.

An amendment to official Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment:

A.    The proposed amendment is consistent with the goals, policies, and actions of the General Plan;

B.    The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;

C.    The site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments; and

D.    The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

A.    Purpose. The City Council may prezone unincorporated property adjoining the City’s boundaries for the purpose of determining and identifying the zoning that will apply to such property in the event it is subsequently annexed to the City. Prezoning of such property shall be accomplished by ordinance adopted following completion of the same procedures identified by this section for General Plan and Zoning Ordinance amendments.

B.    Prezoning to become permanent zoning. Any prezoning designation shall become the zoning designation of the property at the same time that the property’s annexation to the City is effective.

C.    Withdrawal or amendment. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

D.    Annexations. It is the City’s intent to prezone all properties annexed by the City. However, in those unusual circumstances where properties are not prezoned to other various zoning districts, the property(ies) shall be zoned AG (Agriculture). Prior to any development or at the City’s discretion, the subject property shall be rezoned to its ultimate use.

Any Specific Plan shall be prepared, processed, approved or disapproved, and implemented in compliance with this Section.

The Council, upon advise of the Planning Commission, may initiate preparation of any Specific Plan. Specific Plans shall be prepared only under direct supervision of Department and shall include the following information in the form of text and diagrams:

A.    Proposed land uses. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space areas;

B.    Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;

C.    Land use and development standards. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

D.    Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria;

E.    Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan; and

F.    Additional information. The Specific Plan shall contain any additional information determined to be necessary by the City because of the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue determined to be significant.

A.    Environmental review. The draft Specific Plan shall be subject to environmental review as specified in Section 25.41.6 (Environmental Assessment).

B.    Staff report. A Department staff report shall be prepared for the draft Specific Plan in compliance with Section 25.41.7 (Staff Report and Recommendations), which shall include detailed recommendations for changes to the text and diagrams of the Specific Plan to make it acceptable for adoption.

C.    Public hearings. A proposed Specific Plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:

1.    Commission. The Director shall schedule a public hearing on the proposed Specific Plan after completion of a staff report and any required environmental documents. The hearing shall receive public notice and be conducted in compliance with Section 25.43 (Public Hearings). After the hearing, the Commission shall forward a written recommendation to the Council.

2.    Council. After receipt of the Commission recommendation, a public hearing on the Specific Plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Section 25.43 (Public Hearings). After the hearing, the Council may adopt the Specific Plan, may disapprove the plan, or may adopt the plan with changes, provided that any changes to the plan that were not considered by the Commission shall be referred to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or any longer period set by the Council shall be deemed a recommendation for the approval of the changes.

D.    Adoption. The adoption of a proposed Specific Plan shall be entirely at the discretion of the Council. The Council shall adopt a Specific Plan only if it first determines that the plan:

1.    Is consistent with the General Plan; and

2.    Will not have a significant effect on the environment, or is subject to the overriding findings specified in the City of Fairfield CEQA Guidelines.

The Specific Plan shall be adopted by ordinance, or by resolution of the Council.

A.    Development within Specific Plan area. After the adoption of a Specific Plan, no public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no amendment to this Ordinance may be adopted within an area covered by a Specific Plan unless it is consistent with the Specific Plan. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with Government Code Section 65456.

B.    Amendments. An adopted Specific Plan may be amended through the same procedure specified by this Section for the adoption of a Specific Plan.

The city council may define by resolution a portion of the City of Fairfield as a planning area. The council may adopt design guidelines for each planning area and establish review procedures for applications in a planning area which are unique to that area.

A.    Responsibilities. The Planning Area Design Review Committee(s) shall:

1.    Make recommendations to the Planning Commission on any matter concerning aesthetic, architectural, site planning judgment and subdivision design within the boundary of a planning area as assigned by the City Council.

2.    Be the advisory agency to the Planning Commission on each application for Development Review, freeway oriented freestanding signs, and Tentative Subdivision Map as assigned by the City Council within the boundaries of the planning area.

3.    Make recommendations to the Planning Commission regarding the design criteria, standards and policies to promote high quality design for development of residential, commercial, industrial and institutional property as assigned by the City Council within the boundaries of the planning area. This may include projects or proposals requiring ministerial approval, minor discretionary review, minor development review, and development review.

The guidelines may include the establishment of criteria for site planning, landscape treatment, building design, and signs. Design guidelines for single-family dwellings may include standards regarding setbacks, yard areas, access, vehicle parking requirements, roof overhangs, roofing materials and siding materials. The Planning Commission or the City Council shall approve the criteria, standards, and policies before use.

4.    The Planning Commission or City Council may refer any matter concerning aesthetic, site planning, architectural consideration to a Planning Area Design Review Committee for review and recommendation.

B.    Membership. A Planning Area Design Review Committee shall consist of:

1.    Standing Members. Standing members shall include three members of the Planning Commission appointed by vote of the Planning Commission from its membership.

2.    Planning Area Members. Planning area members may include up to two persons to be appointed by the City Council to review applications within a planning area. The duties and powers of these members shall be the same as those of standing members.

C.    Membership term and appointment. The term of office for planning area members shall be four years beginning January 1 and ending December 31. Appointments to vacancies for planning area members shall be for the unexpired portion of the term. The term of office for standing members shall be at the discretion of the Planning Commission.

Members appointed by the City Council and the Planning Commission may be reappointed at the pleasure of the body which made the appointment, however, no member may serve more than two four- year terms plus unexpired term to which he or she may have been appointed but in no event more than ten (10) years; provided, however, that a member who has served one or more two-year terms may be reappointed to one additional term of four years so long as the total length of service, including any unexpired term, does not exceed ten (10) years.