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AGENDA REPORT
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| | | | | | | | DATE:
| May 19, 2020
| TO:
| Mayor and City Council
| FROM:
| Stefan T. Chatwin, City Manager 
| | SUBJECT: | Public Hearing; and
First Reading and Introduction of Ordinance 2020-05 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the City Code (Also Known as the Zoning Ordinance of the City of Fairfield) to Update and Bring into Conformance with State Law the Regulations Regarding Accessory Dwelling Units
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| | | | | | | | | RECOMMENDED ACTION | | Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading. |
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| | | | | | | | | STATEMENT OF ISSUE | | The City of Fairfield is required to implement State legislation regarding the approval of Accessory Dwelling Units (ADUs). The intent of the State legislation is to promote the development of ADUs and reduce uncertainty. The draft Ordinance implements the State requirements. |
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| | | | | | | | | DISCUSSION | In 2019, the State of California adopted the latest in a series of mandates for local governments pertaining to the approval of Accessory Dwelling Unit (ADUs). The legislature intended to facilitate the development of ADUs by reducing barriers and fees, allowing smaller “Junior ADUs” and allowing units in commercial and multifamily areas.
To meet the new State requirements, the City Attorney and staff have prepared a new Ordinance. As the City has been periodically updating its ADU standards over the past three years, many of the new changes are relatively minor. The key changes include:
• New standards and a definition for smaller “Junior ADUs” constructed within the existing primary residence.
• ADUs can be developed on multifamily properties and limited commercial areas.
• Clarification of the application and review process. Many smaller ADUs and Junior ADUs will submit only a Building Permit application and must meet only very basic standards of size, height, and setbacks. Applicants wishing to build a larger ADU will submit an application to the Planning Division as well, and certain ministerial design standards can be applied.
• Updated design and development standards, adapting many of our existing requirements but also including provisions to limit privacy concerns from new ADUs only four feet from property lines.
• Other minor ordinance cleanup to implement state law.
Environmental Review
Staff has determined that the proposed amendments to the text of the Zoning Ordinance are ministerial and exempt from CEQA under Public Resources Code Section 20180.17 and CEQA Guidelines Section 15282(h), which exempt ordinances that implement state requirements with respect to ADUs; under CEQA Guidelines Section 15305, which categorically exempts Minor Alterations in Land Use Limitations; and under Section 15061(b)(3), the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment. As most ADUs will be infill projects with minimal potential for environmental impacts, further CEQA review is not required.
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| | | | | | | | | FINANCIAL IMPACT | There are limited direct financial impacts to the City. Applicants for ADUs will continue to pay Building Permit application fees and, where appropriate, Planning Permit fees. The proposed Ordinance does limit the City’s ability to collect certain utility connection fees and other fees, but this is largely reflected in existing City policy and practice.
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| | | | | | | | | CITY COUNCIL WORKPLAN | Community Safety
| Community Infrastructure | Quality of Life | | Financial and Operational Sustainability | Economic Development | Travis Air Force Base |
| City Council Goal this item supports:
Quality of Life |
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| | | | | | | | | Project: | One-time item not recommended for including in the Workplan
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| | | | | | | | | PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION | At its April 22, 2020 meeting, the Planning Commission held a public hearing that was duly noticed in the Daily Republic on April 12, 2020. At said meeting, the Planning Commission adopted Resolution No. 2020-08 recommending Council adopt the Ordinance.
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| | | | | | | | | ALTERNATIVE ACTION | | The City Council may choose to not adopt the Ordinance or require amendments. Note that State law supersedes local government ordinances pertaining to Accessory Dwelling Units and staff would be required to apply the State standards to any applications. |
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| | | | | | | | | STAFF CONTACT | Brian Miller, Associate Planner
(707) 428-7446
bkmiller@fairfield.ca.gov
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| | | | | | | | | COORDINATED WITH | City Attorney's Office, City Manager's Office
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| REVIEWERS: | | Reviewer | Action | Date | | Gassaway, David | Approved | 5/4/2020 - 9:13 PM | | Alexander, Amber | Approved | 5/7/2020 - 3:28 PM | | Alexander, Amber | Approved | 5/8/2020 - 6:40 PM |
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