Agenda Regular Meeting City of Fairfield Planning Commission

AGENDA REGULAR MEETING CITY OF FAIRFIELD PLANNING COMMISSION

VIA TELECONFERENCE FEBRUARY 10, 2021 JOIN MEETING VIA ZOOM LINK: 6:00 P.M. https://fairfieldca.zoom.us/j/97065607498?pwd=a1dnaVY2UzFINU4xaU5sS0FET09qZz09 PASSWORD: 66781819

Consistent with the Governor's Executive Order N-29-20 regarding public meetings during the COVID-19 emergency, Planning Commissioners may attend the meeting telephonically. Members of the public can observe the meeting on Comcast Cable Channel 26, ATT U-Verse 99, and web-streamed live http://www.fairfield.ca.gov/live, or at www.youtube.com/user/FFCATV/live.

Members of the public may join the meeting via Zoom with the following link: https://fairfieldca.zoom.us/j/97065607498?pwd=a1dnaVY2UzFINU4xaU5sS0FET09qZz09 Password: 66781819

I. ROLL CALL

II. PLEDGE OF ALLEGIANCE

III. INFORMATION ON PROVIDING PUBLIC COMMENTS Persons wishing to address the Planning Commission on subjects not on the agenda but within the jurisdiction of the Planning Commission provided that NO action may be taken on off-agenda items except as authorized by law. Off-agenda items from the public will be taken under consideration without discussion by the Commission and may be referred to staff.

Comments will be accepted via Zoom or by email at [email protected]. Identify your name, the item you wish to comment on, and the date of the meeting. All comments received by email prior to the start of an item will be read aloud for up to three minutes. For adjudicative public hearing items, e-mailed comments will be accepted and read aloud for up to three/four minutes if received prior to the close of the public hearing

PUBLIC COMMENT INSTRUCTIONS: When joining via Zoom, please use the “raise your hand” feature or press *9 on your phone to request to speak. You will be called on by name and will have three minutes to speak. Members of the public wishing to submit their comments via email can email [email protected]. These comments will be forwarded to Council for review but will not be read aloud during the meeting.

S:\Planning\PC Meetings\Agendas\2021-02-10 PC Agenda Via Teleconference.docx Community Development Department Page 1 IV. APPROVAL OF AGENDA

V. APPROVAL OF MINUTES OF NOVEMBER 18, 2020

VI. PUBLIC COMMENTS

VII. SCHEDULED MATTERS

A. CORDELIA RV DIGITAL BILLBOARD Resolution No. 2021 - 01 Freeway Freestanding Sign (SN2020-050) Environmental Review (ER2020-035) Location: 4850 Auto Plaza Ct. (APN: 0180-110-040) Applicant: Clear Channel Owner: Benson Investment Inc.

Public hearing on request by Clear Channel to construct one double-faced 19 feet X 59 feet freeway freestanding sign with digital display and a height of 75 feet at 4850 Auto Plaza Ct. (APN: 0180-110-040). The project has been deemed Categorically Exempt under CEQA per Section 15311, accessory structures. (Amy Kreimeier, 707-428-7450, [email protected])

B. CEMENT HILL CONVENIENCE MARKET, GAS STATION, AND CARWASH Resolution No. 2021 - 02 Zone Change (ZC2020-004) Minor Development Review (MD2020-010) Use Permit (UP2020-010) Environmental Review (ER2020-033). Location: Cement Hill Road at Peabody Road (APNs 0170-250-030 and -040) Applicant: Chandi Brothers Owner: Chandi Brothers

Public Hearing on Request by Chandi Brothers for a Zone Change from the IBP zoning district to the CN zoning district; and to allow the construction of a +/- 5,000 convenience market, gasoline service station, and automated car wash on property located on two parcels at the intersection of Cement Hill Road, Peabody Road, and Vanderbilt Drive (APN 170-250-030 and 040). The project will also require a Use Permit to allow operation of the convenience market. The project has been determined to be categorically exempt under the provisions of the California Environmental Quality Act (CEQA) (Planner: Brian Miller, 707-428-7446; [email protected])

C. 2021 DENSITY BONUS ORDINANCE UPDATE (ZONING ORDINANCE AMENDMENT)

S:\Planning\PC Meetings\Agendas\2021-02-10 PC Agenda Via Teleconference.docx Community Development Department Page 2 Resolution No. 2021-03 Ordinance Amendments (OA2020-011) Location: Citywide Applicant: City of Fairfield Property Owners: N/A

Public Hearing on request by the City of Fairfield for an Ordinance of the City Council of the City of Fairfield amending Chapter 25, Article I, Section 25.38 of the Fairfield City Code (also known as the Density Bonus Ordinance of the City of Fairfield) to clarify definitions, amend requirements for receiving a Density Bonus, provide for additional incentives, define findings for the denial of a request for a density bonus, and to bring the Fairfield Municipal Code into conformance with current State law. (Planner Brian K. Miller, 707-428-7446, [email protected])

VIII. INFORMATION AND COMMUNICATIONS

A. Director’s Report and Commissioner’s Comments

IX. ADJOURNMENT TO NEXT MEETING OF FEBRUARY 24, 2021

SPECIAL NOTICES

PLEASE NOTE: The Planning Commission ordinarily does not take up any item on the agenda after 10:00 p.m. Discussion of any item which began before 10:00 p.m. will be completed regardless of time. If you have any item which is not discussed before the 10:00 p.m. cut-off, it will be among the first items discussed at the next meeting. The agendas have been prepared with the hope that all items scheduled will be able to be discussed within the time allowed.

PLEASE NOTE: Any party aggrieved or affected by a decision or determination by the Planning Commission in the administration of the City’s Development Regulations may file an appeal within 14 business days of the decision or determination using the appeal form available from the Community Development Department. To file an appeal, complete the form and submit it with the appropriate fee to: Community Development Department, 1000 Webster Street, Second Floor, Fairfield, CA 94533 no later than 14 business days from the date of this hearing. No postmarks will be accepted. For additional information, please contact the Community Development Department, 1000 Webster Street, Second Floor, Fairfield, CA 94533, or phone 707-428-7461.

PLEASE NOTE: The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats or other accommodation, please contact Lucia Morales, Administrative Assistant, at least 72 hours in advance of the meeting at 707-428-7466 or [email protected]. S:\Planning\PC Meetings\Agendas\2021-02-10 PC Agenda Via Teleconference.docx Community Development Department Page 3 CITY OF FAIRFIELD PLANNING COMMISSION M I N U T E S

Fairfield-Suisun Unified School District Board Room November 18, 2020 2490 Hilborn Road Fairfield, CA 94534 Special Meeting 6:00 p.m.

I. ROLL CALL Present: Chairperson WOOD, Chuck Vice-Chairperson MATTHEWS, Chris Commissioner COAN, Michael Commissioner EVANS, Lerecia Commissioner WESLEY, William*

Absent: Commissioner CHILDS, Jerome Commissioner CRUZEN, Melissa

*joined during Scheduled Matters, Item A.

II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Matthews

III. INFORMATION ON SPEAKER CARDS

IV. APPROVAL OF AGENDA Vice-Chairperson Matthews made a motion to approve the agenda as proposed. The motion was seconded by Commissioner Coan. Voting was done by roll call, and the motion was approved unanimously, with Commissioners Childs, Cruzen, and Wesley absent.

V. APPROVAL OF MINUTES OF OCTOBER 14, 2020 Commissioner Coan made a motion to approve the minutes of October 14, 2020 as proposed. The motion was seconded by Commissioner Evans. Voting was done by roll call, and the motion was approved unanimously, with Commissioners Childs, Cruzen, and Wesley absent.

VI. PUBLIC COMMENTS No persons spoke during Public Comments, and no comments were received via the [email protected] inbox. VII. SCHEDULED MATTERS

ITEM A GENERAL PLAN CONSISTENCY DETERMINATION FOR ACQUISITION AND FUTURE DISSPOSAL OF PROPERY AT 640 AND 646 BROADWAY STREET

S:\Planning\PC Meetings\Minutes\2020-11-18 DRAFT PC Minutes.docx Community Development Department Page 1 RESOLUTION NO. 2020-17 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD DETERMINING THAT THE ACQUISITION AND FUTURE DISPOSAL OF PROPERTIES AT 640 AND 646 BROADWAY STREET IS CONSISTENT WITH THE GENERAL PLAN.

Associate Planner Brian Miller made a presentation on the item and answered questions.

No persons spoke during the Public Comments, and no comments were received via the [email protected] inbox.

Commissioner Coan made a motion to adopt Resolution 2020-17. The motion was seconded by Commissioner Evans. Voting was done by roll call, and the motion was approved unanimously, with Commissioners Childs and Cruzen absent.

ITEM B BLESSED BAPTIST CHURCH

RESOLUTION 2020-18 RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION (ER2019-043); RECOMMENDING THE CITY COUNCIL FIND THE PROPOSED ANNEXATION (ANX2019-002) OF 2.1-ACRES LOCATED ON SUNSET AVENUE (APNS: 0037-160-040, 0037-160-060) CONSISTENT WITH THE CITY’S GENERAL PLAN AND MUNICIPAL SERVICE REVIEW; AND GRANTING APPROVAL OF DEVELOPMENT REVIEW (MD2019-010) TO CONSTRUCT A 10,342 SQUARE-FOOT CHURCH AND ASSOCIATED SITE IMPROVEMENTS ON THE VACANT ±1.23-ACRE VACANT PARCEL (APN: 0037-160-040).

Senior Planner Meily Sheehan made a presentation on the item and answered questions. Planning Division Manager Dave Feinstein and Associate Civil Engineer Alvin Lei also answered questions.

No persons spoke during the Public Comments, and no comments were received via the [email protected] inbox.

Vice-Chairperson Matthews made a motion to adopt Resolution 2020-18. The motion was seconded by Commissioner Coan. Voting was done by roll call, and the motion was approved unanimously, with Commissioners Childs and Cruzen absent.

VIII. INFORMATION AND COMMUNICATIONS

ITEM A DIRECTOR’S REPORT AND COMMISSIONER’S COMMENTS DRAFT Planning Division Manager Dave Feinstein provided an overview of the upcoming General Plan Update project. He noted that the City Council approved the contract for the project consultant Dyett and Bhatia Urban and Regional Planners at the previous night’s City Council meeting, and that the first major item will be a joint study session on the project with the City Council and Planning Commission. The study session is tentatively scheduled for the City Council’s annual retreat on January 30th, and staff will follow up with the Planning Commission with more details as they are available.

S:\Planning\PC Meetings\Minutes\2020-11-18 DRAFT PC Minutes.docx Community Development Department Page 2

Following previous request by Commissioner Wesley, Mr. Feinstein also provided direction for the Planning Commission on how to include commentary in the minutes. He noted that the minutes are “action minutes” designed to record actions by the Planning Commission, but not record all commentary, as the meeting is recorded on video for long- term record keeping. Mr. Feinstein indicated that if a commissioner wishes to have his or her comments noted in the minutes, they should indicate that, “with the Commissions permission”, they would like a comment noted in the minutes Such action would not require a vote, the lack of opposition would serve as an action allowing the comment to be recorded in the minutes. The Commission indicated concurrence with this approach.

IX. ADJOURNMENT TO NEXT MEETING OF DECEMBER 9, 2020

Respectfully submitted,

DAVID FEINSTEIN Planning Commission Secretary

DRAFT

S:\Planning\PC Meetings\Minutes\2020-11-18 DRAFT PC Minutes.docx Community Development Department Page 3 STAFF REPORT

Meeting Date: February tO,2020

To Chairperson and Members of the Planning Commission

From: Commu nity Development Department

Subject ITEM A: Cordelia RV Digital Billboard Resolution No. 2021- 01 Freeway Freestanding Sign (5N2020-050) Environmental Review (ER2020-035) Location: 4850 Auto Plaza Ct. (APN:0180-110-040) Applicant: Clear Channel Owner: Benson lnvestment lnc.

Public hearing on request by Clear Channelto construct one double-faced 19 feet X 59 feet freeway freestanding sign with digital display and a height of 75 feet at 4850 Auto Plaza ct. (APN: 0180-110-040). The project has been deemed Categorically Exempt under CEQA per Section L53LI, accessory structures. (Amy

Kre i m e i e r, 7 07 - 428-7 45 0, a kre i m e i e r @ fa i rf i e I d . ca. gov)

PROJECT DESCRIPTION The project involves the construction of a freeway freestanding sign with a double-faced digital billboard display. Each sigrr face rneasures 19 [ee[ X 59 feet, with an area of L,III square feet. The height of the sign is 75 feet from finished grade. The sign is to be located at 4850 Auto plaza Ct., currently home to the Cordelia RV Center. The sign also proposes to include static signage for the business. This signage has been incorporated into the decorative pole structure. Existing curbingwill be extended to surround tothe area atthe base of the pole structure. This area will be landscaped to match what is existing on site.

BACKGROUND INFORMATION Prior to 2O2O, Clear Channel operated three printed billboards on properties within one-half mile west of the project site, immediately south of lnterstate 80. As part of the lnterstateSO/680/12 interchange project being carried out by the Solano Transportation Authority (STA), STA has acquired the property upon which the billboards were located through eminent domain actions. ln lieu of just compensation for the taking of the existing billboards and the easements they occupy, the applicant and STA worked with the City to obtain approval of a new location for two of the three billboards.

On January 19th,2O2!, the City Council approved a relocation agreement with Clear Channel. The agreement allows for one printed billboard to be moved from the Ashley Furniture property and

City of Fairfield Prepared Community Development Depaftment Reviewed by: reconstructed on a vacant parcel immediately to the west. The agreement also allows replacement of the two other printed billboards west of Ashley Furniture with one digital billboard on the Cordelia RV property immediately east of Ashley Furniture. The relocation agreement dictates the development regulations applicable to the two billboards including maximum permitted height and maximum sign face area, The agreement does not require further design approvals for the printed billboard that will be reconstructed. lt does, however, require design approval by the Planning Commission for the digital billboard.

ANALYSIS FOR PLANNING COMMISSION

A. Sisn Ordinance Consistencv: ln general, the City's Sign Ordinance prohibits off-site signage, including billboards, and limits the changeable copy of a sign to no more than 25% of the total sign area. However, Article lX, Section 25.L302 of the Ordinance, as amended by Ordinance No. 2020-06, provides an exemption to the prohibition on new off-site signs for off-site signs relocated in connection with an eminent domain proceeding pursuant to a relocation agreement. As a requirement of any relocation agreement, the relocation of the sign (or signs) must not result in a net increase in the total number of off-site advertising sign faces in the City and the relocated sign may not be located within 500 linear feet of a residential zoning district. Additionally, if the relocated sign isto be an electronic message board (i.e., digital), the relocation of the sign must result in a net reduction in the total number of off-site advertising sign faces in the City, and the relocated sign may not be located within 2,500 linear feet of another electronic message board. The relocation agreement approved by the City Council satisfies these requirements.

The relocation agreement further stipulates development regulations applicable to the freeway freestanding sign including sign area, height, and location. The agreement permits one double faced freeway freestanding sign with digital display, with a maximum sign area of 20 feet X 60 feet, or 1,,200 square feet per face, and a maximum height of 75 feet. With a sign area of I,121, square feet and a height of 75 feet, the proposed sign meets these requirements. The sign is also located on the Cordelia RV property as stipulated in the relocation agreement.

The sign will be attached to a decorative pole base wrapped in aluminum column cladding and painted a metallic silver color. The pole structure also includes space for signage for the business located on site, the Cordelia RV Center. The previous freeway freestanding sign for the business was also removed as part of STA's work. Existing curbing will be extended to surround to the area at the base of the pole structure. This area will be landscaped to match what is existing on site. The proposed sign meets the requirements of the Sign Ordinance and the relocation agreement approved by the City Council.

B Environmental Review: Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA). Under CEQA, the State

PC ITEM NO.: A PCDATE:2/IO/2I PC FILE NO.: SN2020-050, ER2020-035 PAGE 2 PROJECT: CORDELIA RV DIGITAL BILLBOARD s:\pLANNTNG\pc MEETtNGS\pC-2021\02-10-21\A - CoRDELtA RV DtctTAL BtLLBoARDU. pc REpoRT.Docx has identified a list of classes of projects, which have been determined to not have a significant effect on the environment and are therefore exempt from the requirements of CEQA, as a result. The proposed project is exempt under Class 1 per Section 15311 Accessory Structures.

c. Correspondence: Public hearing notice was published in the Daily Republic newspaper on January 3L,2O2L and mailed to all persons who own property within 500 feet of the subject property. The City has received no questions or comments regarding this proposal at the time of this writing.

RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2021-01, granting Sign Permit approval for a double faced 29 feet X 59 feet freeway freestanding sign with digital display and a height of 75 feet.

Attachments 1,. Planning Commission Resolution No. 2021--01, with attached: . Exhibit A - Conditions of Approval 2. Relocation Agreement 3. Plans: 8T" x 1-1"

PC ITEM NO.: A PCDATE:2/LQ/27 PC FILE NO.: SN2020-050, ER2020-03s PAGE 3 PROJECT: CORDELIA RV DIGITAL BILLBOARD s:\PLANNTNG\PC MEETTNGS\pC-2O2t\O2-rO-21\A - CORDELTA RV DtG|TAL BTLLBOARDU. pC REpORT.DOCX City of Fairfield Planning Commission

RESOLUTION NO. 202'],-01

RESOLUTION OF THE FAIRFIELD PLANNING COMMISSION APPROVTNG SrGN PERMIT (SN2020-050) FOR A DOUBLE-FACED FREEWAY FREESTANDING SIGN VVITH DIGITAL DISPLAY AT 4850 AUTO PLAZA CT. (APN:0180-110-040)

THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HEREBY RECITES, FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

SECTION 1. On October 29, 2020, applications for a Sign Permit (SN2020-050) and Environmental Review (ER2020-035) for a proposed double faced 19 feet X 59 feet freeway freestanding sign with digital display and a height of 75 feet located at 4850 Auto Plaza Ct. (APN: 0180-110-040) (the "Project") was properly filed with the Department of Community Development in accordance with the rules and regulations governing the official filing of such applications.

SECTION 2. The Planning Commission has held a duly noticed public hearing on February 1-0, 2021'. The City staff presented substantial factual information regarding the proposed Project in staff reports and through oral presentations before the Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding this application.

SECTION 3. The Planning Commission has determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA

G u ideli nes, Section 15332 I n-Fi ll Developm ent.

SECTION 4. The Planning Commission adopts the following findings in support of this Sign Permit request:

(a) The project is consistent with the applicable regulations of the Sign Ordinance. Ihe proposed sign meets the opplicable regulations for off-site signs relocated in connection with an eminent domain proceeding pursuont to o relocation agreement, consistent with Section 54L2 of the Colifornia Business ond Professions Code.

(b) The project is consistent with the overall purpose of the Sign Ordinance as outlined in Section 25.1300. The sign is of high-quolity design, constructed of durable materials. The proposed sign is appropriate for the context, os the digitol displays are oriented towords lnterstate 80, visible to both east- and west-bound troffic. The relocotion of the sign results in a net decrease of off-site signage within the City, and meets all other

PC ITEM NO.: A PC DATE: 2/tOl2O2I PC FILE NO.: SN2020-050, ER2020-035 PAGE 1 PROJECT: CORDELIA RV DIGITAL BILLBOARD S:\Planning\PC Meetings\PC-2021\02-10-21\A - Cordelia RV Digital Billboard\2. PC RESOLUT|ON.docx requirements of the relocation agreement governing the project thot was approved by the Foirfield City Council on lanuary L9, 2021. Finally, the sign is designed to not impact the life, health, property, and public welfare.

SECTION 5. Based upon the written findings set forth in sections 3 and 4 of this Resolution, the Planning Commission hereby approves:

(a) Sign Permit (SN2018-034) subject to the conditions contained in the attached Exhibit A.

SECTION 6. The record of proceedings shall be located at the City's Community Development Department and the Director of Community Development shall be the custodian of such documents.

PASSED AND ADOPTED this 10th day of February ,2021..

AYES COMMISSIONERS: Jerome CHILDS / Mi chael COAN / Melissa CRUZEN / Lerecia EVANS / Chris MATTHEWS (Vice ) / William WESLEY / Charles WOOD (Chair)

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

CHARLES WOOD, Chairperson ATTEST

DAVID FEI NSTEIN, Secretary

PC ITEM NO.: A PC DATE: 2/rO/2O21 PC FILE NO.: SN2020-050, ER2020-035 PAGE 2 PROJECT: CORDELIA RV DIGITAL BILLBOARD S:\Planning\PC Meetings\PC-2021\02-10-21\A - Cordelia RV Digital Billboard\2. PC RESOLUTION.docx PLANNING COMMISSION CONDITIONS OF APPROVAL

Project Name: Cordelia RV Digital Billboard Address: 4850 Auto Plaza Ct. (APN: 0180-110-040) Hearing Date: Febru ary IO,2O2L File No.: Freeway Sign (SN2020-050) and Environmental Review (ER2020-035)

Development Review approval has been granted subject to compliance with the following conditions which must be satisfied prior to issuance of building permits, unless noted otherwise:

1.0 SPECIAL CONDITIONS

L.t Applicant shall incorporate the following special conditions reflecting the modifications and/or needed information into their plans as part of their submittal to the Building Division of the Com munity Development Department:

a) The curbed area surroundingthe base of the pole shall be landscaped to match the existing landscaping on site.

2.0 APPROVALTTME LtM|TS/REVOCATTON

2.1: Approval of this application shall expire two (2) years from the date of approval. lf building permits are not issued and diligently pursued toward completion, or the approved use has not commenced if no permits are required, the approval shall be void. A time extension may be granted if a written request is submitted by the applicant to the Community Development Department prior to the expiration of the application.

3.0 GENERAL REQUTREMENTS

3.1 The project shall proceed only in accordance with the approved plans titled "Cordelia," as prepared by Encore lmage, consisting of (1)sheets, dated "Received February 26,2021", and the approved plans titled "Monopole Sign Structure," as prepared by GRC Engineering lnc., consisting of (2) sheets, dated "Received February 26,2021", and the approved plans titled "Sign Relocation Plan," as prepared by Cullen-Sherry & Associates lnc., consisting of (1) sheets, dated "Received February 26,202L", except as may be modified by the conditions contained herein and approved by the Planning Division pursuant to Section 3.2, and shall proceed in accordance with the Fairfield City Code. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval and required improvements, such as landscaping, shall be completed to the satisfaction of the City.

Page 1 building permits. These plans shall include, but are not limited to, the detailed site plan, grading plan, landscape and irrigation plans, building plans, and construction details of items such as exterior lighting, walls, pavement textures, trash enclosures, and mechanical equipment.

3.3 Approval of this project shall not waive compliance with all sections of the Fairfield City Code (Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.

3.4 When submitting for Plan Check, the applicant must provide to the Community Development Department a copy of these Conditions of Development Review with a cover letter specifying how and where the revised plans address each of the conditions. Plan Check by the Community Development Department will not be completed without compliance with this condition.

3.5 All construction plans, including but not limited to, the site plan, building elevations, landscaping and irrigation plans, grading plan, mechanical drawings, street improvement plans, and detailed drawings submitted to the Building Division for permits shall be coordinated for consistency by the applicant prior to issuance of any permits or prior to final map approval as applicable, or commencement of the subject use, whichever comes first. Any change or modification to one particular plan shall require the corresponding revisions on other plans. All plans shall be consistent with that approved by the Department of Community Development. The applicant shall be responsible for correcting any inconsistency which may occur through error or omission during plan preparation or construction.

3.6 The project is subject to the Solano County Public Facilities Development fee. The applicant will be required to pay such fee at the rate which is in effect at the time a building permit is issued.

3.7 Thc Applicant, and property owner(s), and their successors in interest, shall indemnify, deferrd and hold harmless the City, its officials, officers, agents and employees (collectively "lndemnitees") from and against any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the granting of this approval by the City or the exercise of the rights granted by this approval. This indemnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the lndemnitees in connection with any such claims, actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. The City shall promptly notify Applicant and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. ln the event such a legal action is filed, the City shall estimate its expenses for litigation. Applicant or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. Applicant and property owners shall reimburse the City, and each of the lndemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

4.0 SITE DEVELOPMENT

4.1, It shall be the applicant's responsibility to coordinate the location of all utility equipment with P.G. & E. Final locations of all above ground equipment must be approved by P.G. & E., the Community Development Department and Public Works Department prior to issuance of building Page 2 permits

5.0 BUILDING DESIGN

5.1 Specific paint, siding, wall or roofing materials, finish textures, and windows or doors shall be in substantial compliance with that approved. Manufacturer specifications shall be submitted for review and approval prior to issuance of building permits. Samples of final color and materials selections may be required by the Community Development Department to verify compliance.

6.0 TANDSCAPING

6.1 This project shall utilize water conservation techniques, such as drip irrigation and drought tolerant plant species, as required in accordance with the City's Water Efficient Landscape Ordinance.

6.2 Parking lot landscaping shall comply with the following:

a) Landscaping within the parking area shall be of a minimum dimension of five (5) feet in width as measured from the inside diameter of required curbing, and shall be exclusive of any vehicle overhang;

b) All landscape areas shall be protected from automobiles with a six (6) inch high, poured in place, concrete curb or other suitable protective device meeting City approval.

6.3 All landscaped areas shall be serviced by an automatic irrigation system

7.O MAINTENANCE

7.1 All landscape areas shall be maintained in a healthy, thriving condition, free from weeds, trash, and debris.

7.2 Landscaping and irrigation systems required to be installed in public right-of-way shall be continuously maintained by the developer until accepted by the City or Homeowner's Association.

7.3 All improvements on the site shall be constructed and continuously maintained in compliance with the approved plans.

Page 3 OUTDOOR ADVERTISING SIGN RELOCATION AGREEMENT BETWEBN THB CITY OF FATRFIELD AND CLEAR CHANNEL OUTDOOR, LLC

This Outdoor Advertising Sign Relocation Agreement (the "Agreement") is made and entered into as of this 4th day 6f January 2021, by and between the City of Fairfield, a California municipal corporation ("City"), and Clear Channel Outdoor, LLC, a Delaware limited liability company ("CCO") (collectively the "Parties").

RECITALS

A. On October 23,2019, the Solano Transportation Authority, ajoint exercise of powers entity (the "STA"), filed two separate eminent domain actions in the Superior Court of Solano County: (l) a Complaint in Condemnation, Case No. FCS053777, entitled Solano Transportation Authority, a joint exercise of powers entity v. Clear Channel Outdoor, LLC et al.; and (2) a Complaint in Condemnation, Case No. FCS053778, entitled Solano Transportation Authority, a joint exercise of powers entity v. Store SPE Ashley CA LLC, et a/. (collectively, the "Actions").

B. In the Actions, the STA seeks to condemn and acquire fee title to parcels of real property designated as Parcel Nos. 63903-1 (a portion of Assessor's Parcel Number ("APN") 0180- 1 l0-260), 63902-1 (a portion of APN 0180-l l0-250), and 63899 (also identified as 63899- 1) (portions of APN 0180-120-010 and 0180-120-060), as wellas temporary construction easements upon, over, across, and in Parcel Nos.63902-3 (a portion of APN 0180-110- 250) and 63903-4 (a portion of APN 0180-110-260) (collectively, the "Subject Properties").

C. CCO owns three easement interests in the Subject Properties; specifically, on Parcel Nos. 63899,63903-1, and 63903-4 (the "Easements").On Parcel No.63899, CCO owns two permanent, non-exclusive easements, and owns and operated one double-faced, printed 19' x 48' and one double faced, printed 14' by 48' outdoor advertising structures. The easements include the right of access to the easement properties. On Parcel Nos. 63903-1 and 63903-4, CCO owns a permanent, non-exclusive easement, and owns and operates another double-faced, printed 14' x 48' outdoor advertising structure. This easement also includes the right of access to the easement property (collectively, the three outdoor advertising structures referenced above referred to hereinafter as the "Existing Billboards" or the "Removed Billboards")).

D. In lieu ofjust compensation for the taking of the Existing Billboards and the Easements, CCO and the STA desire to relocate two of the three Existing Billboards from the Easements to different land parcels within the City, and to reconstruct such relocated billboards as (i) one (1) double-faced l9'x 48' outdoor advertising structure with printed or non-digital faces at a height not to exceed Sixty-Five (65) feet from grade adjacent to the sign (the "Printed Billboard") to be located on the real property designated as APN No. I 80- I l0-250, and (ii) one double-face d20' x 60' outdoor advertising structure with digital faces at a height not to exceed Seventy-Five (75) feet from adjacent grade to be located on the real property designated as APN No. 180-110-040 (the "Digital Billboard," and

Page I of12 together with the Printed Billboard, the "New Billboards", and the City desires to consent to such relocation.

E. The City's Sign Ordinance, Article IX, Section 25.1300, as amended by Ordinance No. 2020-06 (the "Code"), provides an exemption to the prohibition on new off-site signs for off-site signs relocated in connection with an eminent domain proceeding pursuant to a relocation agreement, consistent with Section 5412 of the California Business and Professions Code, and subject to the conditions contained therein, including without limitation, that there shall be no net increase in the number of off-site signs in the City, and in the event of a new digital off-site sign, that there shall be a net reduction in the number of off-site signs in the City.

F. The City and CCO agree and acknowledge that the outdoor advertising sign relocation described and consented to herein further complies with, and serves the purposes enumerated in, the California Outdoor Advertising Act, including, but not limited to, Sections 5412 and 5443.5 thereof and that the New Billboards comply with and are permitted under the Code.

G. The C ity has determined that the New Billboards would not have the potential for any significant environmental impacts under the California Environmental Quality Act ("CEQA"), and further that the New Billboards would be compatible with the existing commercial/industrial character of the project site and the general project area and therefore would be categorically exempt from CEQA.

H. On January 19,2021, after conducting a duly noticed public meeting, the City Council adopted a resolution approving this Agreement with CCO and authorizing the City Manager to sign this Agreement on behalf of the City.

I. The City believes that the fulfillment of the terms and conditions of this Agreement will preserve or further the public health, safety and welfare.

AGREBMENT

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, the Parties hereto agree as follows:

SBCTION 1. RECITALS AND EXHIBITS

The foregoing recitals are true and correct, express the intent of the Parties, and are incorporated herein as contractualterms. All exhibits to this Agreement are essential to this Agreement and are hereby deemed a part hereof.

SECTION 2. CCO AND CITY AUTHORITY AND STATUS.

A. CCO hereby represents and warrants for the benefit of City all of the following:

Page 2 of 12 (i) That the information provided by CCO in this Agreement is true and accurate to the best of CCO's knowledge after a diligent inquiry; and

(ii) That CCO is a duly organized, validly existing limited liability company, and is in good standing under the laws of its place of organization and is in good standing in the State of California; and

(iii) That CCO's signatory to this Agreement is authorized by resolution, bylaws, constitution or other authorization of CCO, which resolution, bylaw, constitution or other authorization is currently in full force and effect, to execute this Agreement on CCO's behalf and bind CCO thereby; and

(iv) That CCO is duly authorized to perform or to cause to be performed all of the obligations of CCO under and in accordance with the terms and conditions of this Agreement.

B. City hereby represents and warrants for the benefit of CCO allof the following

(i) That the information in this Agreement is true and accurate to the best of City's knowledge after a diligent inquiry; and

(i i) That City's execution of this Agreement is authorized by resolution, which resolution, is currently in full force and effect, to execute this Agreement on the City's behalf and bind the City thereby; and

(i ii) 'l'hat the City is duly authorized to perform or to cause to be performed all of the obligations of City under and in accordance with the terms and conditions of this Agreement.

SECTION 3. EFFECTIVE DATE OF AGRE,EMENT

The effective date of this Agreement shall be the effective date of the resolution approving this Agreement (the "Effective Date").

SECTION 4. TERM OF AGREEMENT.

A. The term of this Agreement shall commence on the Effective Date and end on the date which is thirty (30) years after the Initial Payment Date (as hereinafter defined), and shall continue for successive like terms provided that CCO remains in compliance with the provisions of this Agreement and all applicable permits and laws unless CCO provides ninety (90) days written notice of termination prior to the end of any such term, except as otherwise provided herein.

B. Upon the expiration or earlier termination of this Agreement,

Page 3 of 12 (i) City shall refund to CCO any amounts paid for any period subsequent to such termination.

(ii) CCO shall, at its sole cost and expense, remove the above-ground portions of the New Billboards within ninety (90) days following such expiration or termination.

SECTION 5. BILLBOARD REMOVAL.

The Parties hereto acknowledge and agree that CCO will permanently remove the Removed Billboards in accordance with the Actions and that the City will issue all required local permits therefor. Except as otherwise provided in this Agreement, upon removal of the Removed Billboards, any right title and interest therein or right to place a billboard, whether by lease, license or other right, at the locations of the Removed Billboards shall be forever terminated and shall not be or have been assigned, transferred or given to any other entity, affiliate, subsidiary, person or party by CCO.

SECTION 6. BILLBOARD RBLOCATION AND CONSTRUCTION.

A The Parties agree that the Removed Billboards listed on Exhibit A hereto may be relocated to the New Billboard locations indicated on the attached Exhibit B.

B. The Parties agree that the New Billboards will result in (i) no net increase in the number of billboards in the City in the case of the Printed Billboard, and (ii) a net reduction in the number of billboards in the City in the case of the Digital Billboard, in accordance with the Code.

C l'he City agrees that it will approve any and all requisite permit applications fiom CCO for the removal of the Removed Billboards and the construction of the Printed Billboard subject to compliance with all applicable state and local laws including the City Code, and will issue all such permits. The Digital Billboard requires design approval by the Planning Commission. City staff will process the design review application to the Planning Commission in a timely manner. Subject to the Planning Commission approval of the design of the Digital Billboard, the City will issue any required ministerial permits for the Digital Billboard subject to compliance with all applicable state and local laws, including the City Code. The City further agrees that it will assist CCO in connection with any approvals required from Caltrans and any other governmental agencies, but CCO understands and agrees that the obligation and burden of obtaining said approvals is solely an obligation and burden of CCO.

D The Parties agree and acknowledge that the relocations consented to herein comply with, and serve the purposes enumerated in, the California Outdoor Advertising Act (Cal. Bus & Prof. Code, $$ 5200-5486) including but not limited to, Sections 5412 and 5443.5 thereof.

E. CCO shall pay to the City an annual grant ("Annual Grant") for the operation of the Digital Billboard which shall commence on the Initial Payment Date (as defined below), in the amount of Fifty Thousand Dollars ($50,000.00) per year for the first ten (10) years following such Initial Payment Date, and such Annual Grant shall increase by twelve

Page 4 of 12 percent (12%) every five years thereafter, in each case for as long as CCO continues to operate the Digital Billboard. . The Initial Payment Date is defined as the date that is one year after the last of the following conditions have been met: (i) the grant of final permits from the City for the construction, installation, operation, maintenance and repair of the Digital Billboard, with conditions acceptable to CCO in its sole discretion, with all appeal periods having expired and with no appeal filed; (ii) CCO's receipt of all other necessary local, state and/or federal and other third party permits, licenses and approvals for the construction, installation, operation, maintenance and repair of said Digital Billboard, including without limitation from Caltrans; and (iii) such Digital Billboard is connected to a permanent power supply, fully operational and capable of displaying digitaladverlising copy (the "lnitial Pa),ment Date"). The City acknowledges and agrees that CCO may elect at any time, in its sole discretion, when to complete the last of the above conditions and whether to convert any or all of the Digital Billboard faces to a printed or non-digital face. In such event, no Annual Grant shall be payable by CCO to the City for printed or non- digital displays after the date of such conversion, and the City shall refund to CCO any prepaid portion of any Annual Grant for any period following the date of such conversion. Notwithstanding anything to the contrary in this Agreement, the City shall hold harmless CCO from and against any and all claims brought by any third parties to the extent arising out of the City's breach of the Agreement and/or its negligent or willfulmisconduct with respect to the Annual Grants to be paid to the City hereunder.

F If the view of any or both of the relocated Billboards is subsequently blocked or impaired in CCO's sole discretion, through no fault of CCO, then CCO may relocate the Billboard(s)

on the same parcel .

G The New Billboards shall be maintained and operated in accordance with all applicable permits and laws and regulations. l'his Agreement shall not limit in any manner the regulatory authority of the City to enforce the provisions of any permits issued by the City to the New Billboards or to enforce any violations by CCO or its successors or assignees of any laws or regulations applicable to the New Billboards.

SECTION 7. RELATIONSHIP OF PARTIES

Under no circumstances shall this Agreement be construed as one of agency, par-tnership, joint venture or employment between CCO and the City. Each party acknowledges and agrees that it neither has, nor will it give the appearance or impression of having, any legal authority to bind or commit the other party in any way, notwithstanding that this Agreement is binding on and between the Parties. sEcTroN 8. TNSURANCE REQUTREMENTS.

A General Liability Insurance. During the term of this Agreement, CCO shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Five Million Dollars (55,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit

Page 5 of 12 applies, the general aggregate limit shall be twice the required occurrence limit. The general liability policy so maintained by CCO shall be primary and non-contributory and be endorsed using Insurance Services Office form CG 20 l0 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policy.

B Workers'Compensation Insurance. During the term ofthis Agreement, CCO shall maintain Workers' Compensation insurance for all of CCO's employees working on the New Billboard sites. In addition, CCO shall require each contractor and subcontractor engaged by CCO for work on the New billboard sites to provide Workers' Compensation insurance for its respective employees working at such sites site.

C. Evidence of Insurance. Prior to City Council approval of this Agreement, CCO shall fumish the City satisfactory evidence of the insurance required in Sections 9(a) and 8(b) and evidence that the carrier will endeavor to give the City thirty (30) days' (ten (10) days for non-payment of premium) prior written notice in the event coverage is substantially changed, canceled, or non-renewed. Further, an endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage with respect to the liabilities assumed by CCO under this Agreement:

(i) During the term ofthis Agreement, in the event of a reduction (below the limits required in this Agreement) or cancellation in coverage, CCO shall, prior to such reduction or cancellation, provide at least ten (10) days prior written notice to the City, regardless of any notification by the applicable insurer. If the City discovers that the policies have been cancelled or reduced below the limits required in this Agreement and that neither the insurer nor UUU has provided prior notice to the City as required under this Agreement, said failure shalI constitute a material breach of this Agreement.

(ii) During the term of this Agreement, in the event of a reduction (below the limits required by this Agreement) or cancellation in coverage, CCO shall have five (5) days in which to provide evidence of the required coverage being reinstated or replaced, during which time no persons shall enter the sites to construct improvements thereon, including construction activities related to the landscaping and common improvements.

(iii) If CCO fails to obtain reinstated or replacement coverage within five (5) days as required under the preceding subparagraph, the City may obtain, but is not required to obtain, substitute coverage and charge CCO the cost of such coverage plus an administrative fee equalto ten percent (10%) of the premium for said coverage.

SECTION 9. INDBMNIFICATION AND HOLD HARMLESS.

A CCO agrees to indemniff, defend, and hold harmless the City and its elected and appointed councils, boards, commissions, officers, agents, employees and representatives (collectively, the "city Indemnitees") from any and all claims, costs (including reasonable legal fees and costs) and liability for any personal injury, death or property damage

Page 6 of 12 (collectively, "Claims") resulting from any actions or inactions by CCO, or any actions or inactions of CCO's contractors, subcontractors, agents or employees, in connection with the removal of the Existing Billboards or the construction, improvement, operation or maintenance of the New Billboards, provided that CCO shall have no indemnification obligation with respect to any such Claims to the extent such Claims are solely attributable to the negligence or willful misconduct of any City Indemnitees, or (ii) to the extent arising out of or in connection with the maintenance, use or condition of any public improvement after the time it has been dedicated to and accepted by the City or another public entity (except as otherwise provided in an improvement agreement or maintenance bond, if applicable). CCO shalldefend such Claims with joint counsel selected by CCO but subject to the approval of the City, where such approval shall not be reasonably withheld.

B CCO agrees that it will not file any legal action or claim against or otherwise challenge or oppose the City's approval of a digital sign located on the City owned property adjacent to Red Top Road (APN No ) that is constructed pursuant to a lease with the City.

C. The Parties'obligations under this Section 10 shall survive the expiration or earlier termination of this Agreement and shallbe independent of any other applicable indemnity agreements.

SECTION 10. NOTICES.

Any communication or notice which either of the Parties is required to send to the other, or which either of the Parties desires to send to the other, shallbe in writing and shall be either: personally delivered; mailed using the United States Postal Service, postage prepaid, retum receipt requested; delivered by a recognized overnight courier service; or sent by facsimile to the office of the respective Parties as identified below:

TO THE CITY City Manager, City Clerk and City Attorney City of Fairfield 1000 Webster Street Fairfield, CA 94533

TO CCO: CLEAR CHANNEL OUTDOOR, LLC 555 12th St., Suite 950 Oakland, CA94607 Attn: Bob Schmitt President/GM, Northern California 5 I 0-835-5900

With copies to: CLEAR CHANNEL OUTDOOR, LLC 2325 East Camelback Road, Suite 400 Phoenix, A285016 Affn: Senior Operations Counsel

PageT of12 Either of the Parties may change its address by sending notice of the new address to the other pursuant to this section.

SECTION 11. ENTIRE AGREEMENT.

This Agreement, including exhibits, represent the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

SECTION 12. MISCELLANBOUS PROVISIONS.

A The parties agree that this Agreement shall be governed and construed in accordance with the laws of the State of California. In the event that suit shallbe brought by either party to this Agreement, the parties agree that venue shall be vested exclusively in Solano County Superior Court, or, where otherwise appropriate, exclusively in the United States District Court, Northern District of California.

B The headings of the sections and subsections of this Agreement are inserted for convenience only. They do not constitute a part of this Agreement and shall not be used in its construction.

C. No provision of this Agreement will be deemed waived by either Party unless expressly waived in a writing signed by the waiving Pafty. No waiver shall be implied by delay or any other act or omission of either Party. The waiver by any party to this Agreement of a breach or violation of any provision of this Agreement shall not be deemed a continuing waiver, a waiver of any other term or condition contained herein, or a waiver of any subsequent breach or violation of that or any other provision of this Agreement.

D Any and all exhibits that are referred to in this Agreement are incorporated herein by reference and are deemed a part of this Agreement.

E. This Agreement may be amended only by written agreement executed by both Parties.

F. If a court of competent jurisdiction adjudges any provision of this Agreement as void or unenforceable, the remaining provisions shall not be affected thereby and shall remain in full force and effect to the maximum possible extent.

G Where this Agreement refers to the City and no officer of the City is named, the City Manager of the City shall have the authority to act on behalf of the City.

H The provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns ofeach Party.

This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute a single instrument.

Page 8 of 12 J In the event either Party is in default of any provision hereof,, the non-defaulting Party, as a condition precedent to the exercise of its remedies, shall be required to give the defaulting Party written notice of the same pursuant to this Agreement.

K Unless otherwise specified herein, the defaulting Party shall have thirty (30) calendar days from the receipt of such notice to cure the default, or, if the default cannot be cured within thifty (30) calendar days, to commence and diligently pursue a cure. If the defaulting Party timely cures the default, then the default shall be deemed waived and this Agreement shall continue in full force and effect.

L. In the event that either Party elects to terminate this Agreement due to default of the other Party, then CCO agrees that it shall remove the above-ground portions of the New Billboards within ninety (90) days from the date of termination. Except as otherwise expressly provided in this Agreement, if the perfornance of any act required by this Agreement to be performed by either CCO or City is prevented or delayed because of a Force Majeure Event, as defined below, then the time for performance will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused. An extension of time for any such Force Majeure Event will be for the period of the enforced delay and will commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and CCO. "Force Majeure Event," for purposes of this Agreement, means a cause of delay that is not the fault of the Party who is required to perform under this Agreement and is beyond that Party's reasonable control, including the elements (including floods, earthquakes, windstorms, and unusually severe weather), fire, energy shortages or rationing, riots, acts of terrorism, war or war-defense conditions, acts of any public enemy, epidemics, pandemics, the actions or inactions of any govemmental entity or that entity's agents, litigation, labor shortages (including shortages caused by strikes or walkouts), and materials shortages.

M In the event of litigation, the prevailing Party in any action filed to enforce this Agreement will be entitled to recover costs, attorneys' fees, and all other expenses incurred or arising out of any effort to enforce this Agreement.

ISTGNATURES TO FOLLOW]

Page 9 of 12 WITNESS THE EXECUTION HEREOF as of the date first hereinabove written

CITY OF FAIRFIELD:

ATTEST:

City Clerk

APPROVED AS TO FORM

City Attorney

CLEAR CHANNEL OUTDOOR, LLC

. /1- By Bryan Parker (Jan 4,2021 13:40 MST) Bryan Parker - EVP Real Estate/Operations

Page l0 of12 EXHIBIT A REMOVED BILLBOARDS

On Parcel No.63899, one double-faced, printed 19'x 48'outdoor advertising structure with Caltrans State Permit No. 4838 at Post Mile 12.310R on Interstate Rte. 80;

On Parcel No. 63899, one double-faced, printed 14' by 48' outdoor advertising structure with Caltrans State Permit No. 3688 at Post Mile 12.18R on Interstate Rte. 80; and

On Parcel Nos. 63903-1 and 63903-4, one double-faced, printed 14' x 48' outdoor advertising structure with CalTrans State Permit Nos.4108l and D04-0187 at Post Mile 12.44 on Interstate Rte. 80.

Page 11 of12 EXHIBIT B NEW BILLBOARDS

Static/Printed Outdoor Advertising Structure on APN# 180-110-250 with dimensions of approximately l9' by 48'

Digital Outdoor Advertising Structure on APN# 180-110-040 with dimensions of approximately 20'by 60'

Page 12 of 12 CCO Relocation Agreement (City of Fairfield) FinalAudit Report 2021-01-04

Created: 2021-01-04

By: [email protected]

Status: Signed

Transaction lD: CBJ CHBCAABAAeVJVAGwvK3T6sTPvfO KJ BhMchbvPOS9J

"CCO Relocation Agreement (City of Fairfield)" History

fr Document created by [email protected] 2021-01-04- 8:29:46 PIV GMT- lP address: 163.'116.139.115

E1 Document emailed to Bryan Parker ([email protected]) for signature 2021-01-04 - 8:31:19 PM GMT

fl Email viewed by Bryan Parker ([email protected]) 2021-01-04 - 8:36:45 PIV GMT- lP address: 72.194.254.104

4e Document e-signed by Bryan Parker ([email protected]) Signature Date:2021-01-04 - 8:40:45 PM GMT - Time Source: server- lP address: 163"116.139.118

O Agreement completed 2021-O'l-04 - 8:40:45 PM GMT

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Meeting Date: February 10,2O2L

To Chairperson and Members of the Planning Commission

From: Comm unity Development Department

Subject ITEM B: CEMENT Hltl CONVENIENCE MARKET, GAS STAT|ON, AND CARWASH Resolution No. 2021- 02 Zone Chan ee (ZC1O2O-OOa\ Minor Development Review (M D2020-010) Use Permit (UP2020-010) Environ mental Review (ER2020-033). Location: cement Hill Road at Peabody Road (APNs 0170-250-030 and -040) Applicant: Chandi Brothers Owner: Chandi Brothers

Public Hearing on Request by Chandi Brothers for a Zone Change from the IBP zoning district to the CN zoning district; and to allow the construction of a +/- 5,000 convenience market, gasoline service station, and automated car wash on property located on two parcels at the intersection of Cement Hill Road, Peabody Road, and Vanderbilt Drive (APN 170-250-030 and 040). The project will also require a Use Permit to allow operation of the convenience market. The project has been determined to be categorically exempt under the provisions of the California EnvironmentalQualityAct (CEQA)(Planner: Brian Miller,TOT-428-7446;

b km i I I er@fa i rfiel d.ca. gov)

SITE INFO RMATION

A. Location: Southeast corner of Cement Hill Road and Peabody Road between Peabody Road and Vanderbilt Drive (APN 0170-250-030 and 040)

B, Parcel Size: 0.58 acres and L.O7 a cres, L.55 acres total. c. and Land Use: Zoning Land Use

Project Site: IL Vacant North: TS-PD Light lndustrial South: IG PG&E Substation East: TS-PD Train Station West: IG Vacant

City Fairfield prepared of or, #S Community Development Department Reviewed AVilh D. General Plan Designations:

Project Site: Mixed Use (Neighborhood Commercial) North: Train Station Specific Plan South: General lndustrial East: Train Station Specific Plan West: General lndustrial

E Site Characteristics/Special Features: The site is a vacant, largely level property with limited vegetation consisting of ruderal non-native grasses that are mowed on occasion.

PROJECT DESCRIPTION

A. Buildine Area/%Coverage: 9.540 square feet (convenience market and carwashlh3.2%

B. Landscape Area/% Coverage: 18,698 square teet/26.O%

C. Parkins Reoui red/Provided 35 spaces/45 provided

D. Setbacks Required Provided

Front: 25', 27.5' (to property line) Rear: 10' 16'(minimum) Sides: West: 20' 46.55 East: 20' 20.27' (to property line)

BACKG ROU N D IN FORMATION

The proposed project is located at the intersection of Cement Hill Road (Future Manuel Campos Parkway) and Peabody Road and incorporates the two parcels between Peabody Road and Vanderbilt Lane. The site is just outside the boundaries of the Train Station Specific Plan to the west of the Hannigan (Fairfield-Vacaville) Capital Corridor Station across Peabody Road. The site was originally intended to be developed as a commercial site as part of the previously approved Hawthorne Mill project. While Hawthorne Mill did not proceed as originally planned, the commercial uses in this project remain consistent with the General Plan land uses still applicable to the site.

PC ITEM NO.:B PC DATE: O2/LO/21 PC FILE NO.: 7C2O2O-OO4; MD2020-010; UP2020-010; ER2020-033 PAGE 2 PROJECT: CEMENT HILL CONVENIENCE MARKET, GAS STATION, AND CARWASH S:\Planning\PC Meetings\PC-2021\02-10-21\B - Cement Hill Road Commercial\1. pC Report.docx AN ALYSIS FOR PLANNING COMMISSION

A. General Plan/Zoning Consistencv: The site has a General Plan designation of Mixed Use- Neighborhood Commercial. The project site is, however, zoned Limited lndustrial (lL), which is not consistent with the General Plan designation. A Zone Change application is required to correct this inconsistency. Approvalof the project is thus contingent upon the requested Zone Change from Limited lndustrial (lL) to Neighborhood Commercial (CN), the latter of which will permit the development of the project as proposed.

B. Development Review:

The proposed project consists of a +/-5,000 square-foot convenience market, a gasoline service station pump island with ten pumps under an all-weather canopy and a separate 3,I2O square-foot automated car wash building with a small office. The car wash operation includes outdoor vacuum cleaner stations.

A conceptual landscape plan was submitted for the proposed project. With the exception of frontage along Vanderbilt Drive, the plans meet minimum landscape dimension requirements. For the CN Zone along Vanderbilt, L5 feet of landscaping is required, however portions of the frontage include only 4 feet of landscaping. Proposed conditions of approval require 1-5 feet of landscaping in this location. Complying with this condition will require that the car wash building be shortened on its west side with the entry aisle into the car wash tunnel be adjusted as well. Staff and applicant have discussed this requirement and are in agreement that it can be satisfied. ln addition, conditions are proposed to ensure that a sufficient number and size of street trees are provided. A minimum of l-3, 24-inch box species are required, with plantings on the project site and within the sidewalk landscape planter strips. Furthermore, conditions have been placed to ensure that the landscape materials are consistent and compatible with the future residential projects to the west.

Additional conditions are proposed to address challenging access issues for the site. The site is located at an intersection of two major arterials: Peabody Road and Cement Hill Road. Cement Hill Road will be widened in this location in the future, however, its ultimate width, either four or six lanes is undetermined at this time. Following detailed review by the City's Traffic Engineer, the project will be allowed right-in/right-out only access from Cement Hill Road, with left turns onto Cement Hill Road only allowed from Vanderbilt Drive in the near term. Long term left turn access to Cement Hill Road from Vanderbilt Drive will depend on the final configuration of Cement Hill Road. Left turns would not be allowed if a six-lane configuration for Cement Hill Road is constructed by City. ln this case, a median would be installed to prohibit left turns from Vanden Road. Currently, the City has not determined this final configuration, which depends on the ultimate traffic generated by development in the Train Station Specific Plan area.

PC ITEM NO.:B PC DATE: OZ\O/2I PC FILE NO.: ZC2O2O-OO4; MD2020-010; UP2020-010; ER2020-033 PAGE 3 PROJECT: CEMENT HILL CONVENIENCE MARKET, GAS STATION, AND CARWASH S:\Planning\PC Meetings\Pc-2021\02-10-21\B - Cement Hill Road CommercialU. PC Report.docx Stormwater treatment areas have been incorporated through vegetated swales along the north edge of the property to meet all code requirements.

The architecture is typical of higher quality convenience market/gasoline service stations with the use of colorful materials and varied forms. The automated car wash building is also typical of "high tech" designs seen in other Fairfield car wash locations and meets the intents of the City's Design and Development Guidelines.

ln conclusion, as conditioned, the final site plan and buildings will meet all requirements of the City.

C. Conditional Use Permit

The Zoning Ordinance requires a Conditional Use Permit for any larger convenience market in the City, including in the proposed Neighborhood Commercial (CN) zoning districts. The applicable conditions for the CUP are typical of those applied to other convenience markets and focus particularly on controlling alcohol sales,

ln addition, the proposed CN Zone requires a Conditional Use Permit for the operation of a service station and minor automobile repair and maintenance (the car wash). The Use Permit requires that all parking on the site, including parking associated with the vacuum cleaner, be available to the patrons of all uses on the property.

E. Environmental Review:

The project is considered an "infill" development as existing urban development surrounds the parcels on three sides. Thus, it is considered "exempt" under Section 15332,1n-Fill Development Projects. For this reason, the proposed Use Permit complies with the California Environmental Quality Act (CEQA).

Note also that the Environmental lmpact Report for the original Hawthorne Mill project proposed for the area south of Cement Hill Road found no wetlands or sensitive species on this site.

F Correspondence: A public hearing notice was published in the Daily Republic newspaper on January 30, 2020, mailed to all persons who own property within 500 feet of the subject property, and posted on site. The City has received no questions or comments regarding this proposal at the time of this writing.

RECOMMENDATION

Staff recommends the Planning Commission adopt Resolution 2OZI-02 recommending:

PC ITEM NO.:B PC DATE: 02/LO/zt PC FILE NO.: ZC202O-OO4; MD2020-010; UP2020-010; ER2020-033 PAGE 4 PROJECT: CEMENT HILL CONVENIENCE MARKET, GAS STATION, AND CARWASH S:\Planning\PC Meetings\PC-2021\02-10-21\B - Cement Hill Road Commercial\1. PC Report.docx a The City Council adopt the proposed Ordinance attached approving the zone change

(ZC202O-OO4) from I L (Li mited I nd ustria l) to CN (Neigh borhood Com mercia l) a Contingent upon the City Council action, approve the Minor Development Review (MD2020-010) a Contingent upon the City Council action, approve the Conditional Use Permit for the Convenience Market, Service Station, and Minor Automobile Repair and Maintenance (Carwash) (UP2020-010)

ATTACHMENTS:

L Resolution No. 2021-02, with attached: o Exhibit A - Proposed City Council Ordinance approving the zone change from lL to cN (2c2020-004) o Exhibit B - Conditions of Minor Development Review Approval (MD2020-010) o Exhibit C - Conditional Use Permit (UP2020-010) 2. General Plan Exhibit 3. Zoning Exhibit 4. Reduced Plans (8.5" xLL"l

PC ITEM NO.:B PC DATE: O2hO/2t PC FILE NO.: ZC202O-O04; MD2020-010; UP2020-010; ER2020-033 PAGE 5 PROJECT: CEMENT HILL CONVENIENCE MARKET, GAS STATION, AND CARWASH S:\Planning\PC Meetings\PC-2021\02-10-21\B, Cement Hill Road CommerciatU. pC Report.docx City of Fairfield Planning Commission

RESOLUTION NO. 202'],-02

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING THE ZONING OF TWO PARCELS FROM LIMITED INDUSTRIAL (rL) TO NETGHBORHOOD COMMERCTAL (CN) AND, CONTTNGENT UPON CITY COUNCIL ACTION, APPROVING MINOR DEVELOPMENT REVIEW (MD2020-010), AND USE PERMTT (UP2020-01,0) FOR A GASOLTNE SERVTCE STATION, CONVENIENCE MARKET WITH ALCOHOL SALES, CAR WASH AND ASSOCIATED SITE IMPROVEMENTS OF SITE IMPROVEMENTS ON TWO PARCELS LOCATED AT THE SOUTHWEST CORNER OF CEMENT HILL ROAD AND PEABODY ROAD (APNs 0170-250-030, AND -040)

THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HEREBY RECITES, FIND5, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

SECTION 1. On October 20, 2020, applications for Zone Change (ZC2O2O-OO4), Minor Development Review (MD2020-010), Use Permit (UP2020-010), and Environmental Review (ER2020-033) to allow the development of an approximately 3-acre site with a gasoline service station, approximately 5,000 square foot convenience market, and self-service car wash on two parcels located at the southeast corner of Cement Hill Road and Peabody Road (APNs t7O-25O- 030 AND 040) (the "Project")were properly filed with the Community Development Department in accordance with the rules and regulations governing the official filing of such applications.

SECTION 2 The Planning Commission has held a duly noticed public hearing on February 10, 2O2L City staff presented substantial factual information regarding the proposed Project in staff reports and through oral presentations before the Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding this application. sEcTtoN 3 Based on information provided by staff, The Planning Commission found the project Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA). under Section 15332,1n-Fill Development Projects. For this reason, the proposed Use Permit complies with CEQA.

SECTION 4. The Planning Commission adopts the following findings in support of this Zone Change and Development Review request:

PC ITEM NO.: B PC DATE: 0211012021

PC FILE NO.: 2C2020-004, MD2020-010, UP2020-010, ER2020-033 PAGE 1 PROJECT: CEMENT HILL CONVENIENCE MARKET, SERVICE STATION, AND CAR WASH S:\Planning\PC Meetings\PC-2O21\02-10-21\B - Cement Hill Road CommercialV. PC Resolution.docx (a) Subject property is currently zoned Limited tndustrial (lL). The General Plan designation for the site is instead "Mixed lJse-Neighborhood Commercial". The proposed Zone Change will make the project is consistent with the Generol Plon and Zoning Ordinance, ond any applicable Areowide or Specific Plan. The project is consistent with the Generol Plan in thot it anticipates neighborhood serving retail uses at a key intersection commerciol retoil specialty shopping centers thot may be smoller in size thon other. The Project is also consistent with multiple General Plan objectives: Objective LU 13: Minimize conflicts between land uses; Objective LIJ 18: Encourage infill development ond compact growth; Objective IJD 4: Ensure high standards of quolity in development; and Objective UD 8: Encourage and approve infill development which is compatible with the surrounding oreo. The Project is consistent with the Zoning Ordinonce in thot o Convenience Morket, Service Station, and Minor Automobile Repair and Repair are permitted uses with the approvol of a Conditional Use Permit. The Project is also consistent with the opplicoble Zoning Ordinonce development regulations, os proposed and conditioned.

(b) The exterior design and appearance of the project will not cause the nature of the neighborhood to economically, physically, or visually decline. The Project will be developed to meet specific Zoning Ordinonce and other City code requirements, and standord and special Development Review conditions of approval to ensure that the architecture, site improvements, landscaping, and lighting are compotible with developments within close proximity ond the greater surrounding areo.

(c) The project is of high-quality design consistent with applicable design policies and standards of the City. The project is consistent with the applicable stondords of the Zoning Ordinance and the City's Design and Development Guidelines for commercial projects, os proposed and conditioned. Architecturally, the proposed buildings ore typical of mony new service stotions and self-serve car washes in basic layout and architectural design and is not unique to Fairfield. However, the project exemplifies mony of the City's design guidelines in that it uses a voriety of building materiols and elements. Project landscaping consists of a variety trees, shrubs, ond groundcovers to soften ond complement the hardscape improvements.

(d) Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated through project design and conditions of approval. ln addition, the site is considered an infill project and is thus categorically exempt under the California Environmental Quality Act (CEaA)

SECTION 5. The Planning Commission adopts the following findings in support of this Use Permit request:

PC ITEM NO.: B PC DATE: 0211012021 PC FILE NO.: 2C2020-004, MD2020-010, UP2O2O-010, ER2020-033 PAGE 2 PROJECT: CEMENT HILL CONVENIENCE MARKET, SERVICE STATION, AND CAR WASH S:\Planning\PC Meetings\PC-2O21\02-10-21\B - Cement Hill Road Commercial\2. PC Resolution.docx (a) 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. The greoter project areo contains a collection of commercial and industrial land uses that are auto-oriented in noture, including commercial buildings of a comporable size ond type. Development in the Train Station Specific Plon which abuts the project site to the north and east does envision a pedestrian-oriented, mixed use land use. However, the site is outside of the Train Station Specific Plon boundary, and the proposed automobile service ond oriented land uses ore suitable for Cement Hill Road. The Project is designed in a manner to facilitate o hormonious relationship with existing developments in close proximity.

(b) The proposed use is consistent with the General Plan and Zoning Ordinance, and any applicable Areawide or Specific Plan. The site ,s designoted as Mixed Use- Neighborhood Commercialon the General Plan Land Use Diagram and upon adoption of on Ordinance by the City Council will be locoted in the Neighborhood Commercial (CN) zoning district. The project is consistent with the General Plon in that it anticipates smaller scale neighborhood serving retail uses, such as o convenience market. The Proiect is also consistent with multiple Generol Plan objectives: Objective LIJ 13: Minimize conflicts between lond uses; Objective Ll,J 14: Develop sufficient employment generoting uses to mointain a positive City fiscal condition and housing balance; Obiective LU L8: Encourage infill development and compact growth; Objective IJD 4: Ensure high standords of quality in development; and Objective IJD 8: Encourage ond opprove infill development which is compatible with the surrounding areo. The Project is consistent with the Zoning Ordinonce in that drive-through sales with food service is permitted in the CC district with the approval of a Conditional IJse Permit. The Project is olso consistent with the opplicable Zoning Ordinance development regulations, as proposed ond conditioned.

(c) Any potentially significant negative impacts to environmental quality and natural resources have been properly mitigated through project design. As an infill site, the project is categorically exempt from further review under the California Environmental Quality Act.

(d) 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. The subject site hos direct occess to Cement Hill Road and Vanderbilt Drive The parcel is within City limits and can be served by utilities and City services. The Project will be required to meet severol Development Review conditions os contoined in Exhibit B, which will ensure that it is provided adequote utilities and City services. This will include a number of Public Works Deportment requirements, including the Project annexing into Community Facilities District #2072-2, which is an Open Space, Public Safety, and Park Maintenonce Mello Roos District. Property owners within the District will be required

PC ITEM NO: B PC DATE: 0211012021 PC FILE NO.: 2C2020-004, MD2020-010, UP2020-010, ER2020-033 PAGE 3 PROJECT: CEMENT HILL CONVENIENCE MARKET, SERVICE STATION, AND CAR WASH S:\Planning\PC Meeiings\PC-2021\02-10-21\B - Cement Hill Road CommercialV. PC Resolution.docx to poy special on-going annuol ossessments to be used for the following: Purchase of open space within the Fairfield areo; Police and Fire protection, including but not limited to expenses for personnel, equipment, ond supplies; and ongoing mointenonce of neighborhood parks.

(e) The proposed use will not create either an imbalance or overabundance of similar uses in the vicinity. Cement Hill Road ond Peabody Road contain a collection of auto- oriented uses. The neorest service station, convenience, and cor wssh uses ore one- half mile from the site, occessed from o Peobody Road, a different occess street. The Train Station Specific Plan does not onticipote additional outomobile-oriented retail uses olong Cement Hill Road. lt is not atypicalfor a site located at a major intersection to contain retail uses ond services for automobiles. With limited existing and potential for similar uses in the areo, the use will not creote an imbalance or overobundance of similar uses in the vicinity.

(f) The proposal will not constitute a nuisance or be detrimental to the health, safety, morals, peace, orthe 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. The Project as proposed and the Conditions of Development Review and the l,Jse Permit will ensure that it does not bear on odverse effect on the generol welfare of the surrounding neighborhood and the City. Notoble conditions include a Property Maintenance Agreement between the property owner, operator, and the City of Fairfield that will be recorded on the property; limitations on noise, and light associoted with the operation; and o prohibition on loitering.

SECTION 6. Based upon the written findings set forth in Sections 3 and 4 of this Resolution, the Planning Commission hereby recommends the Fairfield City Council adopt the proposed Ordinance, attached hereto as Exhibit A, amending the Zoning Map to change the designation of the properties from lL to CN.

SECTION 7 Contingent upon the adoption of the Zoning Map amendment in Section 6, the Planning Commission and based upon the written findings in Sections 3, 4, and 5, the Planning Commission hereby grants the following approvals:

(a) Minor Development Review (MD2020-010) subject to the conditions contained in the attached Exhibit B; and

(b) Use Permit (UP2020-01-0) subject to the conditions contained in the attached Exhibit c.

PC ITEM NO.: B PC DATE: 0211012021 PC FILE NO.: 2C2020-004, MD2020-010, UP2020-010, ER2020-033 PAGE 4 PROJECT: CEMENT HILL CONVENIENCE MARKET, SERVICE STATION, AND CAR WASH S:\Planning\PC Meetings\PC-2O21\02-10-21\B - Cement Hilt Road Commercial\2. PC Resolution.docx SECTION 7. The record of proceedings shall be located at the City's Community Development Department and the Director of Community Development shall be the custodian of such documents.

PASSED AND ADOPTED this 10th day of February,2021..

AYES: COMMISSIONERS: Jerome CHILDS / Michael COAN / Melissa CRUZEN / Lerecia EVANS / Chris MATTHEWS (Vice) / WiIIiam WESLEY / Charles WOOD {Chair)

NOES: COMMISSIONERS:

ABSTAIN COMMISSIONERS:

ABSENT: COMMISSIONERS:

CHARLES WOOD, Chairperson ATTEST:

DAVI D FEI NSTEIN, Secretary

PC ITEM NO.: B PC DATE: 0211012021 PC FILE NO.: 2C2020-004, MD2020-010, UP2020-010, ER2020-033 PAGE 5 PROJECT: CEMENT HILL CONVENIENCE MARKET, SERVICE STATION, AND CAR WASH S:\Planning\PC Meetings\PC-2O21\02-10-21\B - Cement Hill Road CommercialV. PC Resolution.docx EXHIBIT A DRAFT

CITY OF FAIRFIELD

ORDINANCE NO.2O2I.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING THE ZONING MAP OF THE CITY OF FAIRFIELD TO REZONE TWO PARCETS AT THE SOUTHWEST CORNER OF PEABODY ROAD AND CEMENT HILL ROAD (APNs:0170-250-030 AND -040) FROM lL (LIMITED TNDUSTRTALI TO CN (NETGHBORHOOD COMMERCTALI

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:

SECTION 1. Statement of lntent

A The City of Fairfield has an adopted Zoning Ordinance and Zoning Map, to address development and ensure consistency with the Fairfield General Plan and City Policy.

B From time to time, it is necessary to revise the Zoning Map to correct mapping errors and bring the Zoning Map into conformance with General Plan. c. On February LO,2O2t, the Planning Commission was presented with a revision to the Zoning Map contained herein and, after holding a duly noticed public hearing, voted to recommend that the City Council approve the proposed revisions.

D The City has held a duly noticed public hearing on the proposed revisions to the Zoning Map in accordance with the rules and regulations regarding such.

SECTION 2 Chapter 25, Article l, Section 25.12.3 of the Fairfield City Code, also known as the City of Fairfield Zoning Map, is hereby amended as shown on the Sectional Zoning Map Exhibit (ZC202O-04) attached hereto as Exhibit A.

Pursuant to Section 25.47 of the Zoning Ordinance, the City Council finds as follows:

A The proposed Zoning Map changes are consistent with the goals, policies and actions of the General Plan; and

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

c The proposed developments on the sites are 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 oRD. NO.202L- Page 2

D. The proposed Zoning Map changes are in compliance with the provisions of the California Environmental Quality Act (CEaA) as approved by the Fairfield City Council.

SECTION 4. A summa ry of this ordinance shall be printed and published twice in the Daily Republic, a newspaper of general circulation, printed and published in the City of Fairfield

SECTION 5. This Ordinance shall be effective 30 days following its adoption bythe City Council. A summary of this Ordinance shall, within 15 days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the 2nd day of March, 2021,; and

PASSED AND ADOPTED this _ day of 2027, by the following vote

AYES: Councilmembers: PRtcF / FTFRTANil MOY / PAN DURO TIMM / ToNN / VAccARo

NOES: Councilmembers

ABSENT: Councilmembers:

ABSTAIN: Councilmembers

MAYOR

ATTEST:

CITY CLERK ZONING EXHIBIT A Gement Hill Retail Genter c2020-004 MD2020-010 ER2020-033 uP2020-010 LEGEND Zone Designations

AG Agriculture

CC CommunityCommercial

CD Downtown Commercial

CDC Downtown Commercial Core

CM lvlixed Commercial TS-PD CN NeighborhoodCommercial S-PD Mixed Use CO Office Commercial

CR Regional Commercial

CS Service Commercial

CT ThoroughfareCommercial

IBP lndustrial Business Park

lG General lndustrial

VANDEN RD lL Limited lndustrial

ITP lndustrial Technology Park

OSC Open Space Conservation

PF Public Facilities

REC Recreation

RVL Very Low Density Residential

RL Low Density Residential

RLM Low-Medium Densiiy Residential

RM Medium Density Residential

RH High Density Residential

RVH Very High Density Residential

None Not in City / No Pre-Zoning

Overlays

-NC North Cordelia Overlay

-PD Proposed Development Overlay

-Pl Downtown Parking Overlay

-H Hillside Overlay

TS.PD N A

lL to CN Parcels I Zoning EXHIBIT B

PLANNING COMMISSION CONDITIONS OF APPROVAL

Project Name Cement Hill Convenience Market, Gas Station, and Carwash Address: APNs: 0170-250-030 and -040 Hearing Date: February 2021 p File No.: 2c2020-0o4, MD2020-0 10, u 20 20-oLo, E R 2 020-03 3

Minor Development Review approval has been granted subject to compliance with the following conditions which must be satisfied prior to issuance of building permits, unless noted otherwise:

1.0 SPECIAL CONDITIONS

1,.L Applicant shall incorporate the following special conditions reflecting the modifications and/or needed information into their plans as part of their submittal to the Building Division of the Com munity Development Department:

a) Project shall comply with all requirements of the CN (Neighborhood Commercial) zoning district pertaining to landscaping.

1, Modify the site plan to provide a minimum of L5 feet of landscaping along the Vanderbilt Drive frontage. Modifications shall include a corresponding reduction of the length of the car wash building and of the stacking distance of the drive aisle entering the car wash.

2. Street trees must be provided at a ratio of 1 tree per 30 linear feet. This is based on the total street frontage. Per submitted plans with 388 feet of street frontage, a minimum of 13 street trees shall be provided.

b) No drive-through is proposed, and none is approved for the project. Plans submitted for building permit shall remove labels on the convenience retail building that identify a non- existent drive-th rough.

L.2 Comply with the conditions of the Department of Public Works as contained in the attached memo dated January 20,2O2L.

1.3 Comply with the requirements of the Fairfield Fire Department contained in the attached memo dated January L9, 2020. Note that commercial buildings over 5,000 square feet will require installation of a fire suppression system (sprinklers). lf the applicant wishes to avoid the requirement to install sprinklers, applicant shall submit a modified floor plan and site plan that reduces the footprint of the building below the 5,000 square foot threshold.

1,.4 As per the requirements of the Fairfield-Suisun Sewer District, sewer capacity fees are required to be paid upon issuance of a Building Permit.

Page 1- 1.5 This approval is contingent upon and not effective untilapprovalby City Council Ordinance of the required Zone Change (ZC2OZO-OO4\ from lL (Limited lndustrial) to CN (Neighborhood Commercial).

1,.6 This approval is subject to compliance with all requirements of Conditional Use Permit UPZ.O2O- 01_0.

2.0 APPROVALTTME LtMITS/REVOCATTON

2.L Approval of this application shall expire two (2) years from the date of approval. lf building permits are not issued and diligently pursued toward completion, or the approved use has not commenced if no permits are required, the approval shall be void. A time extension may be granted if a written request is submitted by the applicant to the Community Development Department prior to the expiration of the application.

3.0 GENERAL REqUTREMENTS

3.1 The project shall proceed only in accordance with the approved plans titled Cement Hill Retail Center dated L7/2t/2020 except as modified herein.

3.2 Submit the required number of sets of plans to the Building Division of the Community Development Department for review and approval. Plans shall incorporate all conditions of approval and reflect the modifications and/or contain needed information prior to issuance of building permits. These plans shall include, but are not limited to, the detailed site plan, grading plan, landscape and irrigation plans, building plans, and construction details of items such as exterior lighting, walls, pavement textures, trash enclosures, and mechanical equipment.

3.3 Approval of this project shall not waive compliance with all sections of the Fairfield City Code (Zoning, Subdivision, Building Codes, etc.), Fairfield General Plan, and applicable policy plans.

Page 2 3.6 The project is subject to the Solano County Public Facilities Development fee. The applicant will be required to pay such fee at the rate which is in effect at the time a building permit is issued.

3.7 The Applicant, and property owner(s), and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents and employees (collectively "lndemnitees") from and against any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the granting of this approval by the City or the exercise of the rights granted by this approval. This indemnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the lndemnitees in connection with any such claims, actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. The City shall promptly notify Applicant and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. ln the event such a legal action is filed, the City shall estimate its expenses for litigation. Applicant or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. Applicant and property owners shall reimburse the City, and each of the lndemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

4.O SITE DEVELOPMENT

4.1 A precise plan for all fences and retaining and screening walls shall be submitted for review and approval by the Community Development Department prior to issuance of building permits. Such plan shall indicate location, design and construction details. Fences or walls visible from public view on or off-site shall be provided with decorative treatment.

4.2 Trash receptacle(s) are required and 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 precise location and construction details shall be subject to review and approval by the Department of Community Development. The enclosure shall include a reinforced concrete apron as approved by the Department of Public Works. All commercial and multifamily residential projects shall meet the requirements of the California Green Building Standards Code pertaining to recyclable materials storage and handling and access to trash enclosures.

4.3 It shall be the applicant's responsibility to coordinate the location of all utility equipment with P.G. & E. Final locations of all above ground equipment must be approved by P.G. & E., the Community Development Department and Public Works Department prior to issuance of building permits.

4.4 All ground-mounted utility appurtenances such as transformers or air conditioning units shall be located out of public view and/or adequately screened through the use of a combination of concrete or masonry walls, or berming, painting and/or landscaping. Said appurtenances shall be indicated on the approved landscape and irrigation plans prior to issuance of building permits.

Page 3 4.5 Any outdoor storage shall be subject to review and approval by the Community Development Department. All outdoor storage areas shall be completely screened from public view by a decorative masonry or concrete wall or approved equal. All gates shall be solid view obstructing and constructed of metal or other durable and sturdy materials acceptable to the Department.

4.6 lf the project is to be phased, a phasing plan showing the sequence of site improvements shall be submitted for review and approval by the Community Development Department. Each phase shall function independently. Landscaping along the entire street frontage may be required for design continuity and consistency of planting growth.

5.0 PARKING AND VEHICULAR ACCESS

5.1 All parking spaces, aisles, entrances, and exits shall be striped per City standards. A detailed striping plan shall be provided in the construction drawings.

5.2 Any securitygates and/or fences shall require details which shall be submitted to the Police and Fire Departments and Community Development Department for approval prior to issuance of building permits.

5.3 All landscaped areas adjacent to vehicle parking areas or travel lanes shall be contained by a minimum six (6) inch high, poured in place, concrete curb.

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

5.5 The paving section for loading and receiving areas and access to the trash enclosure shall be designed to withstand weight of service vehicles. A section indicating the design shall be submitted for review and approval.

5.6 Provide dry sack or painted tex-cote finish to concrete bases of exterior light poles.

6.0 BUILDING DESIGN

Non-Residential Buildin

6.1 Specific paint, siding, wall or roofing materials, finish textures, and windows or doors shall be in substantial compliance with that approved. Manufacturer specifications shall be submitted for review and approval prior to issuance of building permits. Samples of final color and materials selections may be required by the Community Development Department to verify compliance.

6.2 Exterior aluminum window and door frames shall be treated in an anodized finish or painted with a powder coating or baked enamel process. The use of vinyl windows in a non-residential structure is subject to the approval of the Community Development Department.

6.3 All building drainage gutters, down spouts, vents, etc. located on the exterior walls shall be

Page 4 completely concealed from view or shall be architecturally compatible with the exterior building design and color to the satisfaction of the Community Development Department.

6.4 Roof access ladders, if provided, shall be placed on the interior of the structures so as not to be visible from outside of the project.

6.5 All mechanical equipment and appurtenances of any type, whether located on roof tops, ground level or anywhere on the building structure, shall be screened so as not to be visible from public view on or off-site. For screening of ground-mounted equipment and appurtenances to be achieved through landscaping, such plantings must achieve full coverage within two years. For roof-mounted equipment and appurtenances, if screening cannot feasibly achieve zero visibility due to site topography, then screening shall be implemented to the greatest extent feasible to the satisfaction of the Community Development Department.

6.6 A building section illustrating the location of all roof equipment in relation to height of the outside parapet shall be submitted. Roof equipment shall not project above the height of the parapet or roof top to the greatest extent feasible. When not feasible due to building design, a roof top screen which is architecturally integrated with the building elevation and exceeds the height of the equipment shall be placed around the equipment to the satisfaction of the Community Development Department.

6.7 A roof plan shall be submitted with spot elevations showing location of all roof equipment including vents, stacks and skylights.

6.8 All overhead doors shall be color coordinated with the building

6.9 All electrical equipment shall be located interior to the building (i.e., no exterior electrical cabinets), unless screened from public view in a manner acceptable to the Community Development Department. Any exterior equipment or cabinets shall be depicted on architectural and site plans submitted for plan check, with location of equipment and screening method clearly identified on plans and shall be painted to match the building color upon insta llation.

7.O LANDSCAPING

7.L This project shall utilize water conservation techniques, such as drip irrigation and drought tolerant plant species, as required in accordance with the City's Water Efficient Landscape Ordinance.

7.2 Detailed landscape and irrigation plans shall be submitted to the Community Development Department for review and approval. Such plans shall be prepared and stamped by a California licensed landscape architect or other equally educated and qualified experienced professional to the satisfaction of the Community Development Department and accompanied by a statement or stamp by a California licensed landscape architect or other equally educated and qualified experienced professional that the plans meet or exceed the City's Water Efficient Landscape Page 5 Ordinance

7.3 Landscape plans shall be scaled to a minimum of L inch = 20 feet and shall specify the following:

a) Location and size of all plant materials and a plant legend specifying species type (botanical and common name), container size, and quantity of all plant materials;

b) Spacing for trees and shrubs, when a particular'effect' (street canopy, hedges, barriers, screens...) is required shall be specified. Spacing for all groundcovers shall be specified;

c) The locations of all pavements (vehicular and pedestrian), walls, fencing, buildings, roof overhangs and other structures, utility equipment (air conditioners, transformers, backflow preventers, etc.), property lines, and other pertinent site plan features.

7.4 Plant materials shall comply with the following:

a) Plant materials shall consist of a mix of evergreen and deciduous trees, shrubs and groundcovers to provide design interest and as a protective measure against disease and insect infestation. Low maintenance plants are also encouraged;

b) Only live groundcover is allowed in high visibility and pedestrian areas. Exceptions may be approved by the Community Development Department to include, but not be limited to, decorative gravel beds, decomposed granite paths or pedestrian spaces and areasto be covered by shrubs;

c) All landscape planting areas shall be mulched and/or covered with bark chips or other similar material, unless growth of live groundcovers would be impeded, or is necessary for weed control, as determined by the Department of Community Development. Large areas of exposed soil are prohibited;

d) Drought tolerant species suitable for the Fairfield area are encouraged, as contained in the reference list prepared by the Public Works Department;

e) Plant material selections must consider the hardiness needs for the Fairfield area. Species particularly susceptible to, or potentially damaged by, disease, insects, winter freeze and other climatic conditions in Fairfield are discouraged. Species exhibiting particular problems in the Fairfield area may not be permitted and, as such, plant substitutions may be required by the Community Development Department to fulfill this condition.

7.5 Plant material size and spacing shall comply with the following

a) Minimum tree size shall be a mix of twenty-four (24) inch box, fifteen (15)gallon and five (5) gallon. Shrub size shall be a mix of five (5) gallon and one (1) gallon. The percentage of one (1) gallon and five (5) gallon shrubs and five (5) gallon trees shall be reviewed and approved based upon the location, spacing, hardiness, and growth rate of the plant

Page 6 species proposed; but said percentage shall not exceed 25 percent. Smaller sized containers may be utilized for ground covers;

b) The following trees shall be a minimum of twenty-four (24) inch box specimens at the time of planting:

a. Crape Myrtle ("Lagerstroemia") b. Chinese Pistache ("Pistacia chinensis") c. Flowering Crabapple ("Malus") d. Redbud ("Cercis")

c) Where plant materials are placed in two (2) or more rows, planting rows shall be staggered;

d) Evergreen trees required for screening purposes shall not be less than six (6) feet in height at time of planting;

e) Large shrubs required for screening purposes shall not be less than twenty-four Qa) inches in height at time of planting. Spacing shall be between four (4) and six (6) feet on-center, as determined by the Department of Community Development;

f) Groundcovers shall be spaced such that full coverage is achieved at the end of one to two years.

7.6 Planting and staking details shall comply with the following:

a) Landscape plans shall include planting and staking details in text and/or drawing form to insure proper installation and establishment of proposed plant materials;

b) Soils shall be tested to identify existing soil conditions and necessary amendments. All planting pits shall be twice the diameter of the diameter of the root container;

c) All trees shall be double-staked, except that twenty-four (24) inch or larger box trees may require guy wires or triple- staking as determined by the Department of Community Development. Guy wires are prohibited within pedestrian traffic areas. Protect trees from contact with any wire used in staking;

d) Provide root deflectors for all trees planted within eight (8) feet of paved surfaces.

e) All planters in areas which have been compacted, such as adjacent to buildings and in parking lots, shall be de-compacted to the following depths: planters less than three (3) feet wide shall have compaction relieved to a minimum depth of twenty-four (24) inches below subgrade; planters three to ten (3 - 10) feet wide shall have compaction relieved to a minimum depth of 18" below subgrade; planters more than 10 feet wide shall have compaction relieved to a minimum depth of 12 inches below subgrade;

Page 7 f) Planters 1"0 feet or less in width in locations that will not allow normal percolation of 24 to 36 hours maximum (such as adjacent to buildings) shall have drain pipes connected to the storm drain system or shall have dry wells installed as determined necessary by the Department of Community Development;

g) The finished grade of planter islands or wells shall have a crown with a 2% slope down to surrounding grade or top of curb and a one (1) foot lip. Planters adjacent to buildings where a crown cannot be installed will require subdrains if adequate surface drainage will not be provided.

7.7 Screening of all ground-mounted utility equipment including air conditioners, transformers, backflow preventers, or other similar equipment for all non-residential buildings shall be indicated on the plans. Said screening shall include the use or combination of shrubbery, berming, or structures.

7.8 Parking lot landscaping shall comply with the following:

b) All landscape areas shall be protected from automobiles with a six (6) inch high, poured in place, concrete curb or other suitable protective device meeting City approval.

7.9 Berms shall be illustrated according to slope, width, height above surrounding grade, and landscaping. Landscape berms shall be coordinated for consistency with the grading plan.

7.IO All landscaped areas shall be serviced by an automatic irrigation system

7.1,1 All undeveloped building pads shall be fully landscaped and irrigated or screened by perimeter shrubs to the satisfaction of the Community Development Department and shall be incorporated into the required landscape and irrigation plans.

7.I2 During installation of landscaping and irrigation, and prior to the issuance of a Certificate of Occupancy from the Building Division, the landscape architect or design professional responsible for preparingthe required plans, or his/her designee, shall monitor installation and visitthe site prior to completion of the landscape work and, thereafter, provide a written statement confirming compliance with approved plans and approval of materials to the Community Development Department.

7.13 A redwood headerboard or equivalent shall be installed along all areas where landscaping is adjacent to undeveloped property to delineate between maintained and natural areas.

8.0 MAINTENANCE

8.1 All landscape areas shall be maintained in a healthy, thriving condition, free from weeds, trash, Page I and debris.

8.2 Landscaping and irrigation systems required to be installed in public right-of-way shall be continuously maintained by the developer until accepted by the City or Homeowner's Association.

8.3 All improvements on the site shall be constructed and continuously maintained in compliance with the approved plans.

8.4 The developer shall enter into a Maintenance Agreement with the City (which shall be a recorded document) giving the City authority to ensure maintenance of structures, parking and loading areas, fencing and landscaping to the standards established by the approved plans at the time of final inspection of the project and shallalso allow enforcement of outside storage violations. This agreement shall be recorded prior to issuance of building permits.

9.0 OTHER STUDIES

9.L A detailed on-site exterior lighting and photometric plan shall be submitted for review and approval by the Community Development Department prior to issuance of building permits. The plan shall indicate fixture design, illumination, location, height and method of shielding, so as not to adversely affect adjacent properties and so as to provide a minimum of one-foot candle luminance at all exterior parking lot locations. Buffering techniques to reduce light and glare impacts shall be required for projects adjoining residential land and at no time shall light exceed one-foot candle luminance at the property lines for any project.

10.0 stcNs

L0.1 Signs are not part of this approval. Any signs proposed for this project shall be designed in conformance with the Sign Ordinance and established Sign Policy and shall require separate application and approval by the Community Development Department prior to installation.

11.0 INFORMATIONALNOTES

Special Assessment Districts and Fees

L1..t Capital lmprovement Fee: The City has adopted a Capital lmprovement Fee (481600)to be paid as a part of the Building Permit Fees. All new development within the City is subject to this fee upon issuance of building permits, unless exempted by grandfather provisions. Contact the City's Finance Department at (707) 428-7496.

Page 9 EXHIBIT C

USE PERMIT

CITY HALL, CIVIC CENTER FAIRFIELD, CA 94533

CHANDI BROTHERS is hereby granted a Use Permit (U.P. 2020-010) to allow the establishment of Service Station, Automobile Maintenance and Minor Repair, and Convenience Market land uses in the proposed Neighborhood Commercial (CN)Zoning District on property at Cement Hill Road (APNs 0170-250-030 and -040) under the provisions of Section 25.40.6 of the Zoning Ordinance.

The following findings meet the requirements of Section 25.40.6 of the Zoning Ordinance for the grant of Use Permit:

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

2 The proposed uses are consistent with the General Plan and will be consistent with the 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 through development review and conditions of approval. 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 uses, or will be provided as conditions of approval for the Use Permit.

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

6. The proposed uses 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 uses identified in the Conditions of the Use Permit will assure the use does not bear an adverse effect on the surrounding neighborhood.

This grant is made pursuant to the application of CHANDI BROTHERS on file in the Department of Community Development and is subject to compliance with the following conditions:

L. Approval of the Use Permit is contingent upon adoption by the City Council of an Ordinance changing the Zoning from the current lndustrial Limited (lL) zoning district to the Neighborhood Commercial (CN) zoning district.

2. Operation of the Convenience Market shall be substantially in accord with the petition for Use Permit and plans dated "Received, 2O2I' except as modified by conditions stated herein; 3. The City will review calls for police service related to illegal activities, public disturbances or nuisances and compare the amount of calls for service at similar establishments. A pattern of service calls that are disproportionate in comparison to other convenience markets in the City may result in revocation of the Use Permit. Revocation may be initiated for violations including, but not limited to the following:

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

b. Arrests for the consumption of alcoholic beverages on the property; and

c. Public nuisance conditions associated with the business or its customers, including but not limited to: open container violations; excessive noise; harassment of passersby; and other violations of law on the property or attributable to customers of the business.

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

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

6. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or directly adjacent to the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences.

7. No wine shall be sold with an alcoholic content of greater than 15% by volume except for "Dinner Wines", which have been aged for two years or morc.

8. The sale of beer or malt beverages, not including "high end imported beers", in quantities of quarts or similar size containers is prohibited.

9. Alcoholicbeveragescannotbesoldbysinglecontainerslessthan L2oz.,butmustbesoldinmanufacturer pre-packaged multi-unit quantities.

10. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Window displays of alcoholic beverages primarily directed to the exterior shall be prohibited.

L1. No pay phone will be maintained on the interior or exterior of the premises

12. The display of alcoholic beverages shall not exceed 30% of the square footage of the premises accessible by patrons.

13. Loitering is prohibited and owner/operator shall police the area under their control at 3650 Nelson Road in an effort to prevent the loitering of persons about the premises.

Page 2 Community Development Department S:\Planning\PC Meetings\PC-2021\02-10-21\B - Cement Hill Road Commercial\s. Conditional Use Permii.docx 14. The owner/operator shall post and maintain a professional quality sign facing the parking lot(s) that read as follows:

a NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST

b The sign shall be at least two feet square with two-inch block lettering; and

c. The sign shall be in English and Spanish. l-5. ltemsplacedonorinfrontof thewindowsmayonlycoveratotal of L/3of thesurfaceof eachwindowto ensure visibility into the premises. This includes, but is not limited to, advertisements, plywood, and display shelving.

L6. The market shall utilize CCTV, with no less than L/3" high resolution color cameras, digital surveillance and recording equipment that is able to view the inside of the entire public access area of the premise and the exterior parking lot areas. The video must be recorded and saved for no less than 30 days. The Fairfield Police Department shall be included in determining the placement of the cameras.

L7. Compliance with the CN (Neighborhood Commercial) zoning provisions applicable to this site

18. The Use Permit shall be obtained and shall be continually exercised in such a manner that the following conditions are fully complied with: a. The Use Permit was obtained without fraud or misrepresentation; b. The Use Permit has been exercised by the person(s) granted the Use Permit or his representative, successors, or assignees, in compliance with the conditions of approval, and in accordance with any statute, ordinance, law, or regulation not excused by the Permit; and

c. The Use Permit is being or has been exercised in a manner which is not to be detrimental to the public health, safety, and general welfare or so as not to constitute a nuisance. 19. Nothing contained in the above conditions shall prevent the exercise of any provision of the Zoning Ordinance relative to revocation of the Use Permit.;

20. Operation of the use shall be in compliance with allstate and City Codes,

21. The Use permit shall be obtained and shall be continually exercised in such a manner that the following conditions are fully complied with:

a The Use Permit was obtained without fraud or misrepresentation; and

b The Use Permit has been exercised by the person(s) granted the Use Permit or his representative, successors, or assignees, in compliance with the conditions of approval, and in accordance with any statute, ordinance, law, or regulation not excused by the Permit; and

page 3 Community Development Department S:\Planning\PC Meetings\PC-2O21\02-10-21\B - Cement Hill Road Commercial\S. Conditional Use Permit.docx c. The Use Permit is being or has been exercised in a manner which is not to be detrimental to the public health, safety, and generalwelfare or so as not to constitute a nuisance;

22. All parking provided for the vacuum cleaners associated with the car wash use shall be available at all times to all patrons of the project, including convenience store customers.

23. CHANDI BROTHERS and property owner(s), and their successors in interest, shall indemnify, defend and hold harmless the City, its officials, officers, agents and employees (collectively "lndemnitees")from and against any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the granting of this permit by the City, the performance of the use authorized by this permit or the exercise of the rights granted by this permit. This indemnification obligation shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the lndemnitees in connection with any such claims, actions or lawsuits, any expert fees, and any award of damages, judgments, verdicts, court costs or attorneys'fees in any such claim, action or lawsuit. The City shall promptly notify CHANDI BROTHERS and property owners of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. ln the event such a legal action is filed, the City shall estimate its expenses for litigation. CHANDI BROTHERS or property owners shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due.

CHANDI BROTHERS and property owners shall reimburse the City, and each of the lndemnitees for any and all legal expenses and costs incurred by it in enforcing the indemnity herein provided.

Approved by action of the City of Fairfield on the L0th day of February ,2021. (effective date of permit)

The Use Permit is automatically revoked and terminated unless used within twenty-four (24) months from date of approval.

CHARLES WOOD Chairperson, Fairfield Planning Commission

Attest:

DAVE FEINSTEIN Secretary

Page 4 Community Development Department S:\Planning\PC Meetings\PC-2021\02-10-21\B - Cement Hill Road Commercial\5. Conditional Use Permit.docx S :\Public Works Files\DEVEL\AGL\2020\Z C2020-004 Cement Hill Retail CenteA

PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM

Gonditions of Development

Date: January 20,2021

To: Brian K. Miller, Associate Planner

From Alvin Lei, Associate Civil Engin eer(707) qZA-lqlA M

Project Name Cement Hill Retail Center - Proposed 5,250sq.ft. convenience market, 18-pump gas station, and carwash on 1.50 acres

Project Location: 4500 Cement Hill Road; APNs: 0170-250-030 & -040

Review Requested Zone Change (2c2020-004) Minor Development Review (MD2020-010) Use Permit (uP2020-010) Lot Line Adjustment (1142020-006) Environmental Review (ER2020-033)

Reviewed By Ryan Panganiban, City Engineer

Garland Wong, City Traffic Engineer *tc. Trish Curran, Senior Engineer Tech

Helpful Phone Numbers

City of Fairfield Other Aqencies

Finance Department (707) 428-7496 Army Corps of Engineers (916) 557-5250 Fire Department (707) 428-7550 California Department of Fish & Wildlife (707) 944-5500 Community Development (7 07) 428-7 461 Fairfield-Suisun Sewer District (707) 429-8930 Public Works (707) 428-7485 Federal Emergency Management Agency (415) 923-7 190 Comcast Cable (800) 945-2288 SBC Communications (707) 258-5136 Pacific Gas and Electric (707) 449-5769 Regional Water Quality Control Board (510) 622-2300 Solano lrrigation District (707) 448-6847

Page I of 14 Cement Hill Retail Center January 20,2021

PUBLIC WORKS DEPARTMENT Site-Specific Development Conditions

Cement Hill Road: 1. As part of the continual growth and development of the City's Northeast area and the Train Station Specific Plan ("TSSP"), Cement Hill Road, between Walters Road and Peabody Road, will be widened per the preliminary plan line, prepared by Carlson, Barbee & Gibson, entitled "Vanden Road Preliminary Plan Line," dated November 9,2011, as revised on April 17,2012 ("Plan Line").

The proposed project is within the Northeast Fairfield Area and the developer shall be required to pay a Special lmpact Fee ("Fee") for area-wide infrastructure as a part of project development. This fee was updated by the City Council on October 4, 2005 in Resolution 2005-309. The Fee amount is adjusted each April 1st for inflation using the Engineering News Record construction cost index from the preceding December. For additional information on fees and Developer obligations, contact the Finance Department at 707-428-7503.

2. Per the Plan Line, Cement Hill Road is intended to limit vehicular access west of Peabody Road. As a result, the existing median shall be reconstructed as a continuous, raised median, extending from the Peabody Road intersection to the Noonan Lane intersection. There is an existing, SO-foot wide median break approximately 17O-feet west of the Peabody Road intersection. Left turn access to the prolect parcel from the westbound direction, through this median break, shall be prohibited at all times, including during and post-construction.

Developer, at their sole cost, shall modify the existing median and connect the two segments, restricting left-turn vehicle movements to the project parcel from the westbound direction. Modifications may include: . Removing the median nose of the two existing curbs; . Pouring new curb between the two existing medians; and . Backfilling the connected median with soil Developer shall also modify existing striping within Cement Hill Road to reflect the median modifications. lmprovements shall be per current City standards and specifications.

3. Vehicle egress from the proposed Cement Hill Road driveway shall be prohibited from making a westbound left-turn. As such, the middle driveway shall be limited to right-in, right-out vehicle movements only. Developer shall be required to install the necessary hardscape improvements, to the satisfaction of the City Traffic Engineer, to facilitate this movement, including installation of all necessary signs and markings within the required Cement Hill Road median improvements (see Condition #2).

Page2 of 14 Cement Hill Retail Center January 20,2021

4. The existing left-turn movement onto Vanderbilt Road, from westbound Cement Hill Road, will be permitted until construction of the ultimate cross-secfion for widening Cement Hill Road begins. lt is currently unknown when construction of the ultimate cross-section will begin. The City is studying design of Cement Hill Road and if ultimate design requires a six-lane roadway (three westbound, three eastbound) along Cement Hill Road, leftturn movements onto Vanderbilt Road, from westbound Cement Hill, shall not be allowed. At that time, westbound traffic shall be required to U{urn at the Cement Hill Road and Noonan Lane intersection to access the project parcel.

lf the study identifies that a four-lane roadway (two westbound, two eastbound) along Cement Hill Road is sufficient and is identified as part of the City's General Plan, leftturns onto Vanderbilt Road from westbound Cement Hill may be allowed.

5. As part of the first submittal to the City Building Department for development review, the developer shall submit a queueing analysis to the Public Works Department, providing adequate information identifying pre- and post-construction peak weekday and weekend traffic. Queue spillback onto Cement Hill Road, from the right-in, righlout only entrance shall be prohibited. Developer shall provide adequate site design, stacking, including adequate driveway throat length, to meet this requirement. Please contact the Public Works/Traffic Engineering for more information.

Sewer I nfrastructure lm provements : 6. The prolect parcel is included within the City's TSSP and shall be subjected to requirements identified by Policy 11-11 of the TSSP, which identifies limitations on building permits issued by the City, contingent upon existing sewer infrastructure capacity. Based on updates from the Fairfield-Suisun Sewer District ("FSSD"), the agency conducting capacity analysis, the proposed project contributes to, but does not currently cause to exceed, the threshold requiring sewer infrastructure improvements. The study currently identifies approximately 550 units may tie-in to existing infrastructure, on a first come-first served basis, prior to requiring sewer infrastructure improvements. Currently, 377 sewer service tie-ins are anticipated in the northeast development (Planning Area 4). ln the event this projecf causes fhe number of units to exceed the threshold, the final certificate of occupancy may not be issued from the City prior to construction of fhe necessary sewer infrastructure improvements. Please contact the Fairfield-Suisun Sewer District for more information.

Storm Water Detention: 7. On-site storm water detention will be required since one (1) acre or greater of impervious surface is created as a part of the proposed development. Developer shall provide an analysis verifying the total acreage of impervious surface and submit with the Building Department's development revlew application. Proposed detention basins may also include improvements satisfying the required Low lmpact Development ("LlD") requirements.

Page 3 of 14 Cement Hill Retail Center January 20,2021

8. On-site storm water detention is required to accommodate post-development peak runoff as part of the propose development. lt may be accommodated in parking lot and landscaped areas. Detention facilities shall be designed to reduce post- development peak flows to 90% of pre-development peak flows for the 15, 25 and 10O-year storm events. The storm water detention system shall be designed to detain the 100-year,24-hour duration storm with a minimum of one (1) foot of freeboard (for an above-ground detention pond). Detention ponds shall drain in 72 hours or less, based on Solano County Mosquito Abatement District regulations.

Utilitv Connections: 9. The submitted site plan indicates connecting to the existing 16-inch public water main within Cement Hill Road. The developer is highly encouraged to install and connect water service from the existing 12-inch water main within Vanderbilt Road. Connections extending across separate parcels shall require a reciprocal utility easement (see Condilion #27).

10.The submitted site plan proposes sewer service connecting to the private sewer line within the existing private sewer easement along the southerly property line. Developer shall receive documented approval, prior to construction, from the owner of this sewer line for this connection. Furthermore, developer shall draft and furnish to the City Public Works Department the necessary documents to create a reciprocal utility easement for access and maintenance purposes over the sewer line (see Condition #27).

Streetliqhts: 11. Developer shall replace existing streetlights, along the Cement Hill Road and Vanderbilt Drive project frontages, with current City decorative LED streetlight fixtures and streetlight poles, matching those to the east of Peabody Road. Streetlights shall be installed under Pacific Gas & Electric's ("PG&E") LS-2 Flat Rate Tariff. Please note that PG&E may require the developer to submit an application, separate from the City, to their offices, satisfying all their submittal requirements, in order to reenergize the utility. City the energization to have occurred prior to final acceptance. Please contact the City Traffic Engineer a|707- 428-3800 for more information.

Developer shall exercise due diligence in protecting existing joint trench utilities and shall restore or replace in-kind, to current City standards and specifications, any conduits, conductors, and facilities damaged as a result of improvements constructed for this project

Drivewavs: 12. Proposed driveway aprons shall be constructed to City Standard Detail S8

Page 4 of 14 Cement Hill Retail Center January 20,2021

Curb. Gutter and Sidewalk: 13. The developer shall remove and replace damaged, hazardous or nonstandard curb and gutter along both the Cement Hill Road and Vanderbilt Drive street frontages of the project. Contact the Public Works Department, concurrent with the Public Works encroachment permit application, to mark the existing curb and gutter along the prolect frontage that will need to be removed and replaced. At the minimum, it is anticipated that the curb and gutter along the existing ADA curb ramp, located at the Cement Hill Road and Vanderbilt Drive intersection, will require replacement.

14. The developer shall remove and abate weeds along both the Cement Hill Road and Vanderbilt Road project street frontages.

15. The developer shall install separated sidewalk along the Cement Hill Road frontage of the project parcel, per cross-sections identified in the Plan Line. The landscape strip between the back of curb and sidewalk shall be six (6) feet wide and the separated sidewalk shall be ten (10) feet wide. Separated sidewalk along the Vanderbilt Drive project frontage shall not be required.

16. Developer shall install a sidewalk barricade at the end of sidewalk on the southwest curb return at the Peabody Road intersection. A "No Pedestrian" sign (R9-3) shall be attached to the sidewalk barricade.

Parkinq Lot: 17. As part of the Building Department's development review application, developer shall submit a parking lot circulation exhibit to the Public Works Department for review and shall be designed to the satisfaction of the City Traffic Engineer prior to any Building permit issuance.

Separate vehicle turnaround exhibits, using the appropriate design vehicle, shall be submitted as part of the Building Department's development review showing adequate maneuverability of service truck, garbage truck and emergency vehicle ingress from the public right-of-way and on-site circulation. Vehicle circulation conflicts shall be evaluated. Exhibits shall demonstrate: . adequate garbage truck access and turnaround maneuverability to proposed trash enclosures . service truck accessibility to delivery areas and vehicle staging areas shall be identified on the exhibit . fire engine accessibility to proposed fire hydrants and building entrances Separate exhibits shall be prepared for each vehicle demonstrating the layout of

i nternal streets al lows adeq uate maneuverabi I ity.

Page 5 of 14 Cement Hill Retail Center January 20,2021

lS.Developer shall provide adequate on-site design and layout to facilitate service truck deliveries, garbage truck pick-up, or similar services. Delivery vehicle parking on Cement Hill Road and Vanderbilt Drive shall not be permitted at any time. Developer shall install "No Parking" signs per current City Standards and Specifications along their Cement Hill Road project frontage. Furthermore, developer may be required to paint red curb along the Cement Hill project frontage.

Trash Enclosure: 19. The location of trash enclosures shall be shown on the site plan. Developer shall construct a concrete slab that extends 10 feet from the front of the enclosure. The slab shall be a minimum of 6 inches of reinforced concrete over 6 inches of Class ll aggregate base compacted to 95%. Trash enclosures shall have roofs and drains that connect to sanitary sewer, with water hook-ups. Enclosure shall meet all CalGreen, CalRecycle, and City requirements. Contact Corey Beavers with the Public Works Departmentat (707) 428-7528 for more details.

20. As part of the Building Department's development review application, the developer shall submit a completed Waste Management Plan application for the proposed development. This application form is available at the City of Fairfield website and may also be requested by calling the Public Works Department at707428-7485. A recycling plan shall be submitted for the proposed development. The recycling plan shall include information identifying any changes to the quantity of recycling and waste generated from the development as a result of the proposed improvements. The trash enclosure shall be sized to accommodate adequate storage satisflTing the City's trash enclosure guidelines and the state's recycling, organic waste (food waste, food soiled paper, plant debris, etc.), and grease requirements.

Pursuant to the State of California's goal to achieve a reduction in the statewide emissions of greenhouse gasses, short-lived climate pollutants, and to reduce the landfill disposal of organics and recyclables, the projects tenants must meet state's mandates for mandatory commercial recycling (AB 341) and mandatory organics recycling (AB 1826) for tenants that will serve food/drinks (organic materials). Please note, the state has mandated a reduction of 75o/o in organic waste levels and requires jurisdictions achieve the established threshold by 2025 (SB 1383). Furthermore if these goals are not met, local jurisdictions may impose penalties for noncompliance on reg u lated entities/busi nesses.

Landscapinq: 21. Developer shall submit, to the City Public Works Department, sight-distance diagrams based on guidelines identified in City Standard Detail T1. Proposed monument signs, tall landscape, or similar shall be located outside of identified obstruction-free zones.

Page 6 of 14 Cement Hill Retail Center January 20,2021

22.The project architect and engineer shall coordinate design closely with the project landscape designer. Specifically, they shall consult the landscape designer to evaluate and address issues related to: . Fencing/wall layout and details . Locations and sizes for irrigation services . Locations, depths and sizes for irrigation and control wire sleeves at driveways and street crossings . Sight distance constraints for fencing and landscaping . Depth of cover and tree setbacks over water, sewer and storm drain lines in landscape areas

23. Landscaping plans shall be prepared by a registered Landscape Architect and City- maintained landscaping shall be designed per City standards. Landscaping and irrigation plans shall be designed to comply with the City's Water Efficient Landscaping Ordinance. Use of turf and other water intensive landscaping shall be minimized. Landscaping and irrigation plans shall be approved by the Community Development and Public Works Departments prior to approval of the improvement plans.

Communitv Facilities District: 24.The City is currently determining whether the proposed development is required to annex into the Train Station Specific Plans Community Facilities District (CFD #2018-1). lf the project is not required to annex into CFD #2018-1, the proposed development shall be required to annex into the City's Open Space, Public Safety and Park Maintenance Mello Roos District (CFD #2012-2). All new development within the City is required to annex into CFD #2012-2. Property owners within the District will be required to pay special on-going annual assessments to be used for the following: . Operation of open space within the Fairfield area . Police and Fire Protection, including but not limited to expenses for personnel, equipment, and supplies . Ongoing Maintenance of Neighborhood Parks The developer shall furnish the necessary processing fees, documents and boundary map required to annex to the District prior to the issuance of any building permits. The annexation process shall be complete prior to the issuance of any certificates of occupancy. (Please note that it may take up to 4 months, or longer, to complete the process). Assessments will have an annual inflation adjustment. Please contact Christiana Lewis in the City of Fairfield Public Works Department at 7 07 -428-7 089 for details

PageT of14 Cement Hill Retail Center January 20,2021

Maps & Easements: 25.There is an existing 1O'-wide Public Service Easement along the Vanderbilt Drive street frontage and a 1S'-wide Private Sanitary Sewer and Storm Drain Easement along the southerly property line. No permanent structures shall be allowed within these easements, in addition to possible restrictions to any landscaping and/or fencing.

26. A title report, current within the past 90 days, shall be submitted with the subdivision map. The title report shall include the entire legal boundary of the property being subdivided.

27.4 permanent reciprocal access/parking/utility easement shall be required across common areas shared by parcels. This easement shall be recorded prior to issuance of the Building permit. Submit a draft copy of the document for the approval by the Public Works Department.

28. Concurrent with submitting improvement plans for City review as part of the Building permit application, developer shall furnish documents for a Notice of Voluntary Lot Merger, including legal descriptions and plats to the Public Works Department for review and approval. Construction shall not commence until said Notice has been approved by the Cig and recorded.

Other Approvals: 29. Approvals from other agencies may be required for this project. Contact the following agencies: . Fairfield-Suisun Sewer District for impacts to the existing sewer shed service requirements . Pacific Gas and Electric ("PG&E") for any work adjacent to or impacting the adjacent sub-station or adjacent overhead utilities

Page 8 of 14 Cement Hill Retail Center January 20,2021 General Development Gonditions

Geotechn ical I nvestiqation : 30. The developer shall retain a registered Geotechnical Engineer to conduct a Geotechnical lnvestigation of the project area. Two copies of the project Geotechnical Report shall be submitted to the Public Works Department prior to submittal of Construction Plans. The Geotechnical Report shall include details and recom mendations regard ing the following: . Grading Limitations and Requirements . Foundation Design . Settlement . Retaining Wall Design as Required . Parking Lot Pavement Sections

Gradinq: 31. A grading plan shall be prepared by the developer's Civil Engineer and approved by the City Engineer. The following information shall be shown on the Grading Plan: a Existing contours, landscaping, fences, buildings, or other improvements a Existing trees to be saved in place or removed a Furnish all necessary details to clearly convey recommendations outlined in the project geotechnical investigation CuUFill interfaces and limits of grading Lot boundaries and road rights-of-way Proposed pad elevations, finished contours and lot grading details Top of curb elevations Perimeter cross-sections along all sides of the prolect to show the proposed project's interface with abutting properties and streets a Plan view of proposed drainage facilities including storm drains, catch basins, manholes and underdrains Parking lot surface drainage, pavement grades, ridge lines, etc. Street grades Ditch grades Details for proposed curb and gutter Details for proposed drainage ditches

32. The Prolect Engineer shall coordinate grading design closely with the project Geotechnical Engineer. Specifically, the Geotechnical Engineer shall be consulted to evaluate and address issues related to. . Retaining Wall Design Parameters . Parking Lot Pavement Sections

33. The grading plan shall be reviewed and approved by the project Geotechnical Engineer prior to City approval. Provide a signature block for the project Geotechnical Engineer on the plan.

Page 9 of 14 Cement Hill Retail Center January 20,2021

34. Slope grading shall comply with the Geotechnical Report. Slopes steeper than 3H:1V shall not be allowed in the public right-of-way. Slopes steeperthan 2H:1V shall not be allowed on-site.

35.Retaining walls over 18 inches tall shall be concrete or masonry. Retaining walls over 4 feet tall shall be designed by a Civil or Structural Engineer.

Erosion Control and Stormwater Qualitv: 36. The developer shall incorporate the use of Low lmpact Development (LlD) Best Management Practices to address the issue of ongoing post-construction stormwater quality for the project site. Examples of LID treatment measures include: bio-retention, harvesting and reuse, infiltration, and evapotranspiration. Please note. all on-site stormwater reouires that treatment occur in LID improvements prior to outfall into public infrastructure. The prolect engineer is strongly recommended to contact the Public Works Department in regards to the new design requirements.

37. An erosion and sedimentation control plan shall be included as a part of the grading plan package. An erosion control plan shall be prepared by the developer's Civil Engineer and approved by the City Engineer. The erosion control plan shall include protection measures such as: sedimentation basins, check dams, straw wattles and hydroseeding details.

38. The project shall comply with the requirements of the most current National Pollutant Discharge Elimination System (NPDES) permit issued to the Fairfield- Suisun Urban Runoff Management Program.

39. The applicant shall obtain all necessary permits for storm water discharges, including but not limited to the State Water Resources Control Board Construction General Permit. Applicants whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, shall obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (State Water Resources Control Board Construction General Permit, 99-08- DWO) Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility.

40. The applicant shall be responsible for developing and implementing a Storm Water Pollution Prevention Plan (SWPPP) which shall be reviewed and approved by the Fairfield-Suisu n Sewer District.

Page l0 of 14 Cement Hill Retail Center January 20,2021

41.To limit pollutant generation, discharge and runoff to the maximum extent practicable, the project shall include stormwater pollution control measures listed within the document entitled "Storm Water Pollution Control Measures List". This list is provided within Appendix B of the document entitled "Storm Water Requirements for Development Projects- Packet for Project Applicants". Each identified source of pollutants may have one or more appropriate control measures as determined by the City of Fairfield.

42.All stormwater treatment measures shall be adequately operated and maintained. To ensure operation and maintenance of stormwater treatment measures, the property owner shall enter into a Stormwater Treatment Measures Maintenance Agreement with the City. This agreement shall be signed by the property owner and submitted to the Department of Public Works prior to the issuance of the building permit. lt is included in the document entitled "Storm Water Requirements for Development Projects- Packet for Project Applicants."

43. The Developer shall install thermoplastic markers on all new catch basins. Markers may be purchased at the Fairfield-Suisun Sewer District (FSSD) office. Contact the FSSD at 429-8930 for additional details.

44.Prior to the City's issuance of the Certificate of Occupancy, the City shall receive a self-certification by the Engineer of Record (Registered Civil Engineer) which certifies that the project's grading, drainage and stormwater treatment systems conform to the approved plans, permits and city codes. The self-certification shall be performed during construction and upon completion of the project by the Engineer of Record and documented on the appropriate city form.

Water Svstem: 45. Proposed domestic water and irrigation services, within the public rightof-way, shall be constructed per current City Standard Details and Specifications.

46. Show the size and location of existing and proposed water services, meters and backflow prevention devices on the site plan. Show the size and location of water mains and the proposed points of connection for water services.

47. Existing services that are to remain unused shall be abandoned per City requirements, including valve removal at the connection to public infrastructure and installation of a blind flange on abandoned services.

48. The developer shall verify the size of the existing water services and water meters. Services and meters shall be upsized by the developer, at their sole cost, as needed for the proposed use. Backflow prevention devices shall be installed or upgraded to meet current code requirements.

Page 11 of14 Cement Hill Retail Center January 20,2021

49. With the exception of water meters and meter boxes, all water facilities on the site side of the reduced pressure backflow prevention device (including the backflow preventor) shall be privately maintained by the property owner. Water meters, meter boxes and water services between the public water main and the backflow preventor shall be maintained by the City.

50.lrrigation services shall be stubbed to all landscaped areas. lrrigation and electrical control wire sleeves shall be installed as needed. Coordinate with the project Landscape Architect. Sleeves shall be at least 12 inches below subgrade at street crossings.

51. A separate irrigation meter is recommended for prolects with large landscaped areas. Project consultants need to consider the following factors in evaluating metering options: . A connection fee and meter and box fee are charged for each meter whether it is a domestic meter or an irrigation meter. These fees are paid as a part of the building permit fee. . lrrigation water which is separately metered from domestic water is billed at a lower rate than domestic water. o Bimonthly sewer charges are based on domestic water use. lrrigation water which is separately metered will lower sewer bills. . A "break-even" analysis should be conducted by prolect consultants to determine which is best: Option 1 lnstall Separate Higher building permit fees, but lower bimonthly lrrioation Meter water and sewer bills. Option 2 lnstall Domestic Lower building permit fees, but higher bimonthly Water Meter Onlv water and sewer bills. Contact the Public Works Department for details.

Fire Svstem: 52. The City of Fairfield Fire Department requires separate shop drawings submitted directly to the Fire Department for review. The Developer shall furnish and provide all necessary documents to the Fairfield Fire Department for their review and approval.

53. Fire hydrants may be required on-site. Proposed buildings will require fire sprinklers. Contact the Fire Department for details.

54. Show the size and location of proposed fire lines, hydrants, fire sprinkler risers and backflow prevention devices on the plan. Show the size and location of water mains and the proposed points of connection for fire lines.

Page 12 of 14 Cement Hill Retail Center January 20,2021

55. A backflow preventor is required on the fire line. An above grade double check detector check valve is required on lines which serve building fire sprinklers. Specify the manufacturer, size and location of the fire line backflow preventor.

Sewer Svstem: 56. Proposed sewer services, within the public right-of-way, shall be constructed per current City Standard Details and Specifications.

57. Show the size and location of existing and proposed sewer laterals and cleanouts on the site plan. Show the size and location of sewer mains and the proposed points of connection for sewer laterals.

58. Developer shall connect proposed sewer utilities to existing public infrastructure per current City Standards and Specifications. Service laterals for industrial or commercial developments shall be minimum six (6) inches. Service laterals eight (8) inches or larger shall require connection to existing public infrastructure via a City Standard sewer manhole, per City Standard Detail SS2, and may require connection to on-site private infrastructure via a manhole, in-lieu of a cleanout.

59. Existing services that are to remain unused shall be abandoned per City requirements.

Storm Drain Svstem: 60. Developer shall connect proposed storm drainage utilities to existing public infrastructure per current City Standards and Specifications. Direct connections to public infrastructure shall not be allowed and connections shall only be at existing or proposed storm drain structures.

61.Storm drainage for the 1S-year storm shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the proposed points of connection for the on-site storm drain system.

62. Grading and drainage shall be designed so that surplus drainage (above and beyond that of the 15-year storm) not collected in site catch basins, is directed overland so as not to jeopardize existing or proposed buildings with flooding.

Parkinq Lot: 63. Drive aisles shall be a minimum of 24 feet wide.

64. The pavement section for the proposed parking lot shall be designed by a Geotechnical Engineer. The Public Works Department requires a minimum of 2 inches of asphalt concrete on 6 inches of aggregate base for light traffic areas. A minimum of 3 inches of asphalt concrete on 8 inches of aggregate base is required in areas where truck traffic is anticipated.

Page 13 of14 Cement Hill Retail Center January 20,2021

65. Parking lot construction shall be certified by design consultants The project Geotechnical Engineer shall certify that "as-built" pavement sections and site compaction comply with the project Geotechnical Report and Site Plans.

66. The developer shall furnish a parking lot lighting, signing and striping plan

Riqht-of-Wavs and Easements: 67. All property lines and easements shall be shown on the site plan

Miscellaneous: 68. All public improvements shall be designed and constructed to current City of Fairfield standards.

69. Existing public facilities damaged during the course of construction shall be repaired by the developer, at his sole expense, to the satisfaction of the City Engineer.

70. Prior to beginning construction of public improvements, the developer or his contractor shall obtain an encroachment permit from the City. The developer or his contractor shall furnish the necessary insurance, bonds and pay all fees associated with the encroachment permit. A field investigation fee shall be charged if any work within the right-of-way is performed either without or prior to securing an encroachment permit.

Page 14 of 14 of FAr4^ FAIRFIELD s -r 8Str m3 FIRE DEPT.

MEMORANDUM

FAIRFIELD FIRE DEPARTMENT

DATE: January 19,2021

TO. Brian Miller, Community Development Department

FROM: Bryan Just, Fire Department

SUBJECT CR2020-006,4500 Cement Hill Rd, FD, DART Comment

Fire Safety requirements are as follows

A. Provide a fire access plan showing compliance with number three on the list below

Note: Fire pumps, stationary water supply, underground fire service, overhead fire sprinkler systems, fire alarm systems and gates crossing fire access are required to have separate plans and permits. All hood suppression, special monitoring system, clean agent or the like shall be submitted for separate permit. The licensed contractor responsible for the design and installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.

1. llluminated premises identification (building address) is required per2019 CFC 505, and City of Fairfield Ordinance.

2. Fire Control Rooms are required per City of Fairfield Ordinance. Fire control rooms and electrical rooms must have identification and Knox lock box. See Fire Prevention Standard #87-T.Emergency Access Knox Box required near front entrance and/or other areas as determined by the Fire Department.

3. Approved 20 foot wide, fire access roads must be provided within 150 feet from all portions of the building. Where the building is greater than 30 feet in height, Fire Access shall be designed and maintained including widths of 26 feet for Aerial Apparatus (Ladder Truck). Access to rescue windows, balconies and the building roof shall be considered as part of mature landscape design. Access shall be per 2019 CFC 503, 504, and Appendix D. Provide fire department access plans showing compliance.

4. Signage identifying fire lanes is required on curbing adjacent to the buildings, fire hydrants, and fire sprinkler equipment as needed to provide clear access. See Fire Prevention Standard #92-40.

5. The number of fire hydrants to be determined by fire flow requirements per CFC Appendix B and C. lf additional hydrants are necessary, they must be installed per Fire Prevention Standard#87-4. Additional hydrant(s) may be required to support the fire sprinkler system.

6. Automatic sprinkler systems will be required for the proposed new buildings as specified in Section 903.2 of the California Fire Code and the City of Fairfield Ordinance 2016-24. lnstallations shall comply with the National Fire Code Standards 13 and 24. Plans shall be submitted to the Fire Department directly for review and approval prior to issuance of any permits and performance of any inspections or tests.

7. All automatic sprinkler systems shall be supervised by an approved UL central station service. Monitoring systems shall conform to NFC Standards 70, NFPA 72 and the California Fire Code. The subcontractor responsible for the installation is required to submit plans directly to the fire department and make arrangements for all permits, inspections and tests.

8. A Fire control room containing the fire sprinkler riser and the fire alarm control panel shall be provided. Access to the fire control room shall be from the exterior and identified with signage. The Fire control room shall be 5'x7'

9. Provide one 2,A-10-BC dry chemical fire extinguisher for every 3,000 sq.ft. of floor area with a maximum travel distance not to exceed 75 feet.

10. Exterior storage is not permitted within 10 feet of a commercial building or 10 feet of the property line.

1 1. ldentify the use or storage of hazardous, toxic, flammable or corrosive materials on site that may require special construction or protection systems.

l2.Comments made during the D.A.R.T and planning review process are preliminary in nature. Detailed comments may be made during the building permit process. IENDI

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Meeting Date: February IO,2O2L

To Chairperson and Members of the Planning Commission

From Comm u nity Development Department

Su bject: ITEM C: 2021 DENSITY BONUS ORDINANCE UPDATE (ZONING ORDINANCE AMENDMENT) Resolution No. 2021-03 Ordinance Amendments (OA2020-011) Location: Citywide Applicant: City of Fairfield Property Owners: N/A

Public Hearing on request by the City of Fairfield for an Ordinance of the City Council of the City of Fairfield amending Chapter 25, Article l, Section 25.38 of the Fairfield City Code (also known as the Density Bonus Ordinance of the City of Fairfield) to clarify definitions, amend requirements for receiving a Density Bonus, provide for additional incentives, define findings for the denial of a request for a density bonus, and to bring the Fairfield Municipal Code into conformance with current State law. (Planner Brian K. Miller, 707-428-7446,

bkm i ller@fa irfield.ca.eov)

BACKGROUND The Density Bonus Ordinance (Section 25.38 of the Zoning Ordinance) is intended to provide incentives to encourage the production of quality affordable housing for lower income and senior citizen households in Fairfield. This Section implements the General Plan Housing Element and California Density Bonus Law (California Government Code Section 65915). The primary focus of the Ordinance is to allow project proponents to work with the City to identify incentives, including but not limited to additional density above the base zoning, which can facilitate the development of housing which meets the needs of the community. ln addition to additional units, other incentives and waivers of development standards might include reduced (or no) parking, modifications to setbacks, and flexibility in meeting open space and common facility requirements. lncentives are identified and permitted on a sliding scale depending on the degree of affordability and the populations targeted for the proposed housing development. Currently, incentives and density bonuses can allow for up to 35% additional housing units over the number permitted by the base zoning.

City of Fairfield Prepared ot6!{- Community Development Department Reviewed Ay, ,W As with many State requirements related to housing, the State code regulating density bonuses continues to change regularly. ln 2019 and2O2O, the State enacted several housing and land use laws to address the significant housing shortage and spur housing production-especially affordable housing. These changes included A81763, which increased the incentives available to develop fully affordable housing developments, including the elimination of any parking requirements for certain affordable housing projects. Our current Density Bonus Ordinance has not been comprehensively amended since 2012. The proposed Ordinance brings the City into conformance with current State law and is designed to be flexible enough to maintain this conformance as the State amends the Government Code over time.

The City has seen limited interest in the existing Density Bonus Ordinance provisions of the Zoning Ordinance. However, one example of a recent project that used the (then existing) Density Bonus Ordinance was the 72-unit Santa Monica Street housing development approved by the City in 2020. The applicant requested three concessions and/or waivers or reductions of a development standard based on State density bonus law:

. A waiver of the requirement to provide private open space (balconies and patios) . A reduction in required parking

. A fee credit to reduce total development fees.

Note that the applicant did not request an increase in the number of units, as their project met the density limits in the RH (Residential High Density) zoning district. This illustrates that the "Density Bonus" program is a flexible program designed to meet the varying needs of project p roponents design ing afforda ble housi ng projects.

DISCUSSION Density bonus law is a state mandate. ln other words, a developer that meets the requirements under state law is entitled to receive the density bonus and other benefits as a matter of right.

The amount of density bonus and the number of incentives and concessions and parking ratios that a project is entitled to is based on the number of affordable units and the project type. The maximum density bonus currently available for most projects is35%lo, except that L00% affordable projects may be entitled to a density bonus of 8O%. The maximum number of required incentives/concessions is four, but there is no maximum number of waivers of development standards that can be requested. ln all cases, however, the waiver must be for a development standard that would physically prevent the project from being built at the proposed density and with the granted incentives/concessions.

A "housing development" is defined as a project that includes 5+ residential units, including mixed use projects. ln other words, a duplex or quadruplex isn't eligible for a density bonus.

The proposed ordinance makes the following changes from the existing Code provisions

o Adds definitions for "childcare facility," "development standard," "housing development," "incentives and concessions," "lower income households," "major transit PC ITEM NO.: C PC DATE: O2h1l202t PC FILE NO.: 042020-0L1 PAGE 2 PROJECT: 2021 DENSITY BONUS ORDINANCE AMENDMENT S:\Planning\PC Meetings\PC-2021\02-10-21\C - Density Bonus Update\L. PC Staff Report.docx stop," "maximum allowable residentialdensity," "moderate income households," "senior citizen housing development," and "very low income households."

lncludes additional details about how density bonus applications will be processed and approved by the City.

a Updates the code to include new types of project added by the State, including projects that provide housing for transitional foster youth, disabled veterans, homeless persons, and lower income students, The ordinance also provides that a project is ineligible if it would redevelop existing dwelling units or units demolished in the previous 5 years that were restricted to or occupied by lower income households, unless those affordable units are replaced.

o lncludes the findings the City would need to make to deny a request for an incentive or concession, or a waiver of development standards.

lncludes the reduced parking requirements that an eligible project is entitled to upon request, including certain types of projects that are entitled to no minimum parking requirements.

The revised Ordinance does not amend the process for developing the package of incentives and development waivers. The Ordinance requires a project proponent to use the City's Conceptual Review process to identify potential incentives and development standard waivers.

CORRESPONDENCE Notice of the proposed Zoning Ordinance revisions was published in the newspaper, as required by state law.

ENVIRONMENTAL REVIEW Staff has determined that this Ordinance is exempt from the California Environmental Quality Act (CEaA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(bX3). This Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915.

RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 2021.-03, which recommends the City Council approve the Zoning Ordinance Amendments.

ATTACHMENTS 1,. Planning Commission Resolution No. 2021-03, with attached: o Exhibit A - Draft Proposed City Council Ordinance

PC ITEM NO.: C PC DATE: O2/1O/2O21 PC FILE NO.: 042020-011 PAGE 3 PROJECT: 2021 DENSITY BONUS ORDINANCE AMENDMENT S:\Planning\PC Meetings\Pc-2o21\02-10-2l\C - Density Bonus Update\1. PC Staff Report.docx City of Fairfield Planning Commission

RESOLUTION NO. 2O2O.O3

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING CHAPTER 25, ARTICLE r, SECTION 25.38 OF THE FAIRFIELD CITY CODE (ALSO KNOWN AS THE DENSITY BONUS ORDINANCE OF THE CITY OF FAIRFIELD) TO CLARIFY DEFINITIONS, CLARIFY APPLICATION PROCEDURES, AMEND REQUIREMENTS FOR RECEIVING A DENSITY BONUS AND RELATED BENEFITS, AND DEFINE FINDINGS FOR THE DENIAL OF A REQUEST FOR A INCENTIVES AND CONCESSIONS AND WAIVERS OF DEVELOPMENT STANDARDS, ALL TO BRING THE FAIRFIELD MUNICIPAL CODE INTO CONFORMANCE WITH CURRENT STATE LAW

THE PLANNING COMMISSION OF THE CITY OF FAIRFIELD HEREBY RECITES, FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

Section 1. The Planning Commission has found that it is necessary to periodically review and revise the Fairfield City Code to clarify City policy and address changing circumstances.

Section 2. The City's Housing Element provides that the City will amend the existing density bonus ordinance to bring it into conformance with current State Law, and that the City will continue offering density bonuses and other incentives to developers who include affordable units within residential developments.

Section 3 The California Legislature has adopted bills to Government Code Section 65915 several times since 2012, most recently with the enactment of Assembly Bill 2345, and the City wishes to update the Municipal Code to ensure consistency with State law and clarify how to implement its density bonus program.

Section 4. The Planning Commission has held a duly noticed public hearing on February 10, 202L. City staff presented substantial factual information regarding the proposed Ordinance amendments in staff reports and through oral presentations before the Commission, and the Planning Commission considered all public testimony and information presented during the public hearing regarding this application.

Section 5. Based on the information presented by staff, the Planning Commission has determined that the proposed amendments exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(bX3). This Ordinance merely

PC ITEM NO.: C PC DATE: 02hO/2021 PC FILE NO.: 0A2020-011 PAGE 1 PROJECT: 202L DENS|TY BONUS ORDINANCE AMENDMENT S:\Planning\PC Meetings\PC-2021\02-10-21\C - Density Bonus Update\2. PC RESO.docx incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915.

Section 6. Based upon factual information, the Planning Commission hereby recommends the City Council adopt the proposed Ordinance amendments, as attached hereto as Exhibit A.

Section 7. The record of proceedings shall be located at the City's Community Development Department and the Director of Community Development shall be the custodian of such documents.

PASSED AND ADOPTED this 10th day of February,2021-

AYES COMMISSIONERS: Jerome CHILDS / Michael COAN / Melissa CRUZEN / Lerecia EVANSl|eh ris MATTH EWS (Vice) / Wi lliam WESLEY / Cha rles WOOD (Chair)

NOES: COMMISSIONERS:

ABSTAIN COMMISSIONERS:

ABSENT: COMMISSIONERS:

CHARLES WOOD, Chairperson ATTEST

DAVI D FEINSTEIN, Secretary

PC ITEM NO.: C PC DATE: 02/IO/202L PC FILE NO.: 0A2020-01L PAGE 2 PROJECT: 2021 DENSITY BONUS ORDINANCE AMENDMENTS 5:\Planning\PC Meetings\PC-2021\02-10-21\C - Density Bonus Update\2. PC RESO.docx EXHIBIT A DRAFT

CITY OF FAIRFIELD

ORDINANCE NO.2O2t-

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD AMENDING SECTION 25.38 (DENSITY BONUSI OF THE FAIRFIELD CITY CODE TO ADOPT REGULATIONS TO CONFORM WITH STATE DENSTTV BONUS IAW (CALTFORNTA GOVERNMENT CODE SECTTON 6s91s)

WHEREAS, the State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California.

WHEREAS, Government Code Section 65583 requires that the City's Housing Element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels.

WHEREAS, the City Council of the City of Fairfield adopted the City's 2OL4-2022 Housing Element on April 2L,2015.

WHEREAS, Government Code Section 65915 requires that local governments adopt procedures for processing density bonus applications.

WHEREAS, the City Council last amended the City's density bonus ordinance in 2012 with the adoption of Ordinance No. 2012-04.

WHEREAS, the City's Housing Element provides that the City will amend the existing density bonus ordinance to bring it into conformance with current State Law, and that the City will continue offering density bonuses and other incentives to developers who include affordable units within residential developments.

WHEREAS, the Legislature has adopted bills to Government Code Section 65915 several times since 2012, most recently with the enactment of Assembly Bill 2345, and the City wishes to update the Municipal Code to ensure consistency with State law and clarify how to implement its density bonus program.

THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOTLOWS:

SECTION 1. Section 25.38, "Density Bonus," of Chapter 25,"7oningOrdinance," of the Fairfield Municipal Code is hereby amended in its entirety to read as follows:

"Sections: 25.38.1 Purpose and lnterpretation 25.38.2 Definitions 25.38.3 Application; Review Authority 25.38.4 Eligibility oRD. NO.2O2L-_ Page 2

25.38.5 Density Bonus 25.38.6 lncentives and Concessions 25.38.7 Waivers of Development Standards 2s.38.8 Parking Ratios 2s.38.9 Additional Requirements

25.38.1 Purpose and lnterpretation

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.

25.38.2 Definitions

For purpose of this Section, the following words and phrases shall have the following meanings. Where the definitions of terms defined herein are inconsistent with definitions provided under State density Bonus Law, the meanings of the terms in State Density Bonus Law shall prevail.

A. "Area median income" means the median family income for Solano County as determined by the California Department of Housing and Community Development.

B. "Childcare facility" means a child daycare facility other than a family daycare home, lncludirtg, 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 4LOO, that has been approved by the City and consists of residential units or oRD. NO. 2021- Page 3

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. "lncentives or Concessions" include, but are not limited to, a reduction of development standards or zoning ordinance reiuirements 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 l-5 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.

l. "Maximum allowable residential density" means the maximum density allowed under the zoning ordinancc 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 L20 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.

25.38.3 Application; Review Authority

A. ln 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 oRD. NO.2O2t-_ Page 4

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 25.4L of the Zoning Ordinance.

25.38.4 Eligibility

A. ln 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 6591-5:

L. 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 1-0 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 6s91s(bX1XF). oRD. NO. 2021- Page 5

7. L00 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 659L5.5. Said conversion shall be consistent with Chapter 25, Article lV (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.

25.38.5 Density Bonus

A. Fur a ltousirrg developrnent 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 6591"5, 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 ol 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 659L5.

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.

25.38.6 lncentives and Concessions

A. The City shall grant a qualifying housing development the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific oRD. NO.2021- Page 6

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 u n its.

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.

25.38.7 Waivers of Development Standards

A. Except as restricted by Government Code Section 6591-5, 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, oRD. NO.2021,-_ Page 7

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.

25.38.8 Parking Ratios

A. Pursuant to Government Code Section 65915(p), upon request by the applicant, the City shall not require a vehicle parking ratio, inclusive of parking for persons with a disability and guests, that exceeds the following:

L 0 to 1 bedroom: l- onsite parking space

2. 2 to 3 bedrooms: l-.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 1L 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(oX2), to which there is unobstructed access: 0.5 spaces per unit.

2. Rental houslng 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 5L.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 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. oRD. NO.2O2r-_ Page 8

C. lf 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.

25.38.9 Additional Requirements

A. The applicant shall comply with all requirements stated in Government Code Section 65915.

B. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

C. For any housing development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible under this Section must be constructed concurrently with or prior to the construction of any market rate units. The exterior of the affordable units shall be visually indistinguishable from the market rate units in the housing development in terms of overall design, execution, and use of materials, Affordable units may be smaller than the market rate units but shall be proportionally comparable in bedroom count to the market rate units. ln 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."

SECTION 2 The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15051(bX3). This Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 659L5.

SECTION 3. lf any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to oRD. NO.2021- Page 9 whether any portion of the Ordinance would be subsequently declared invalid or

u nconstitution a L

SECTION 4. This Ordinance shall be effective 30 days following its adoption by the City Council. A summary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it.

INTRODUCED at a regular meeting of the City Council of the City of Fairfield on the _ day of _,202L, and

PASSED AND ADOPTED this _ day of 2021-, by the following vote:

AYES: Councilmembers: pRrcEl SEBTANT / Moy / pANDURo / rrvv / ToNNESEN / vAccARo

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers

MAYOR

ATTEST:

CITY CLERK