Item Coversheet

Agenda Item No: 18.






AGENDA REPORT

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 2020-06 of the City Council of the City of Fairfield Amending Chapter 25, Article I of the Fairfield City Code (Also Known as the Zoning Ordinance of the City of Fairfield) Amending: 1. Land Uses in the Heart of Fairfield Including: Permitting “Fitness Studios” in the HD Zoning District; Defining and Permitting and Conditionally Permitting “Coworking Spaces” in Various Zoning Districts; Amending the Regulations Pertaining to Market, Specialty Food and Beverage; Defining and Permitting “Tasting Rooms” in the HD and HDC Zoning Districts; Permitting “Bars” and “Entertainment with any Food Service or Bar” in the HD and HDC Zoning Districts; and Conditionally Permitting Outdoor Theaters in the HD and HDC Zoning Districts; 2. Addressing Development Standards for Mixed Use Development; 3. Updating the Reference to State Code Pertaining to Alternative Public Hearing Notices; 4. Permitting “Churches”, “Club, Lodge, or Meeting Hall” and “Community Center/Banquet Hall” in the IBP Zoning District; and 5. Amending the Zoning Map of the City of Fairfield to Rezone Green Valley Technical Plaza on Business Center Drive from Regional Commercial (CR) to Office Commercial (CO); and Amending Chapter 25, Article IX of the Fairfield City Code (Also Known as the Sign Ordinance of the City of Fairfield) Addressing Freeway Signs Relocated Due to an Eminent Domain Action

RECOMMENDED ACTION 
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.
STATEMENT OF ISSUE 
Periodically, staff reviews the Fairfield Municipal Code to identify errors, omissions, changes in City policy, and recommended amendments to better implement the City’s General Plan and adopted Specific Plans. This review also includes Zoning Map amendments to assign a designation that better reflects the character and function of existing buildings or developments.
DISCUSSION

 1. Heart of Fairfield Land Use Amendments 

Staff is recommending several amendments to the Heart of Fairfield Land Use Table (25-H1), all intended to increase the energy in our downtown area. The amendments reduce barriers to entry for new entertainment uses, coworking spaces, winery tasting rooms, and live entertainment. Specific recommendations are as follows:

• Permit Fitness Studios in the HD Zone (Ground Floors)

Staff recommends permitting smaller fitness studios on the ground floor in the HD Zone in Downtown Fairfield.

• Conditionally Permit “Coworking” Centers in the HD and HDC Zones

Staff has received interest from a major developer in developing a prototype coworking space in the downtown. The site is the 900 block of Texas Street, which has been plagued with major vacancies for well over a year. The City Attorney has proposed a definition for this use which reads as follows:

“Coworking Space: A facility that contains desks or other workspaces that are made available to individuals or small businesses for short term intervals on a membership, day, or hourly rental basis, and that includes shared business resources (e.g., internet, meeting rooms, office equipment). A coworking space may host classes or networking events which are either open to the public or to current or prospective members. Fabrication tools are limited to those that do not generate noise or pollutants in excess of what is customary within a typical office environment.”

A coworking space would introduce new energy into a block currently experiencing high vacancies (the 900 block between Jackson and Madison Streets). The goal is to attract a large number of independent entrepreneurs to the Heart of Fairfield that can form new businesses and provide unique new services and a customer base for downtown restaurants and services.

• Clarify Regulations Pertaining to Market, Specialty Food and Beverage

Staff is recommending an amendment to the definition to clearly permit the sale of a RANGE of products. For example, The Lazy Barn in Downtown Fairfield carries a variety of specialty locally produced products. Staff also recommends eliminating the Conditional Use Permit requirement for alcohol sales. This will encourage businesses like The Lazy Barn which wish to sell carefully selected local wines and beers.

• Tasting Rooms
Staff recommends defining a new “Tasting Room” as a separate land use. In addition to wine, this definition also allows specialty beer tasting rooms which are not brew pubs or bars and specialty spirits, which are a growing market segment which Downtown Fairfield should be open to. Staff recommends PERMITTING Winery Tasting Rooms in the HD and HDC zoning districts. Regulation of the number of permits would still be addressed through the Alcoholic Beverage Commission process, and we will be able to limit an overconcentration of this use.

• Bars and Entertainment in the Heart of Fairfield

The City of Fairfield has traditionally been very conservative with respect to bars and live entertainment, at least partially due to a history of public nuisances associated with some “bad operators”.

At the same time, one message that was loud and clear during the “Heart of Fairfield” planning process was a desire for more entertainment options, especially for younger patrons. “Things to do” is one goal for the Heart of Fairfield, as is creating a social and entertainment hub in downtown. As seen by the popularity of Rustwater (which also operates as a restaurant), gathering places like bars and taprooms do offer something Fairfield could support. In addition, there are currently very limited opportunities to hear live music in Fairfield.

Bars and live entertainment with food service now require a Conditional Use Permit. While the current requirement is not an insurmountable obstacle for some businesses, the $3,000 and processing time do represent a barrier to encouraging more small businesses to offer entertainment.

A Conditional Use Permit is not the only mechanism to reduce potential negative impacts of alcohol and nightlife related businesses. The Commercial zoning section contains many specialized subsections with specific development and operational requirements. Specific requirements for operating such businesses can be directly incorporated into the Heart of Fairfield chapter of the Zoning Ordinance, codified as new sections in the Municipal Code.

Given this, staff recommends the City PERMIT bars and live entertainment in the HDC and HD zoning districts.

These requirements were adapted from recent Conditional Use Permits issued for downtown businesses and address issues such as lighting, security, and hours of operation. Note that ABC and the Police Department still have oversight of these businesses and may continue to impose additional requirements.

• Outdoor Theaters
As part of the same effort to position the Heart of Fairfield as a social and entertainment center, conditionally permitted outdoor theaters in the HD and HDC zones would be appropriate. For example, movies could be shown in an outdoor courtyard, with food service catered or otherwise provided.

2. Mixed Use Residential Development Regulations


Staff is recommending a minor amendment to address development standards (density) for mixed use in the CN (Neighborhood Commercial) zoning district. In addition, staff is recommending clarification of the regulations pertaining to residential uses of the ground floor space facing the street, which are currently limited to 50%. Staff recommends the provision clearly apply to occupied façade space on the ground floor only when facing the street and when the project faces a minor street. This will allow for more flexibility in site planning as well as removing an unrealistic requirement for commercial space not facing the street.

3. Public Hearing Procedures


The City Attorney identified an error in the cross reference with State law regarding noticing 2007, State Code governing public hearing noticing for particularly large mailing lists (1000+) was amended, and the City Attorney recently noted a need to update our code referencing this subsection.

4. Churches and Secular Assembly Uses

Staff is recommending churches be permitted in the IBP Zoning District. The office and lighter industrial spaces are appropriate for church uses and consistent with the permitted uses in the Service Commercial (CS) and Limited Industrial (IL) zoning districts. Staff is also recommending “Club, Lodge, or Meeting Hall” and Community Center/Banquet Hall be permitted uses in the IBP zone, as these are secular uses with similar assembly functions to many churches.

5. Sign Ordinance Amendments-Sign Relocation Agreements


This Amendment will exempt from the sign ordinance off-site advertising signs (billboards) relocated due to an eminent domain action. The exemption requires a “Relocation Agreement” subject to certain locational and spacing requirements.

6. Zone Change-Urban Realty Office Park


At the request of the property owner, staff reviewed the zoning status of the Urban Realty project located behind Costco on Business Center Drive. This property was originally designed and developed as an office park, but it shares Commercial-Regional (CR) zoning with the surrounding regional commercial development (Costco, Green Valley Plaza).

Given the location and project design, Commercial-Office (CO) zoning is appropriate. Commercial uses are unlikely to be successful, given the location and site design of the project. The property owner has a large potential tenant (a church) whose occupancy will be permitted by this zone change. As the project has struggled to find tenants and the design and configuration of the buildings befits office zoning, staff is recommending this zone change. As the uses in the CO zone are generally included within the broader set of uses described in the General Plan for a Regional Commercial site, no General Plan Amendment is required at this time.



FINANCIAL IMPACT
There are no direct financial impacts to the City. A more active, prosperous downtown will generate more sales taxes and potentially future property taxes. Other changes are primarily administrative in nature and will have no fiscal impacts.
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: 
Community Safety, Economic Development, Quality of Life
 

Priority Project:
#5B.1 Heart of Fairfield Plan, #5B.7 Heart of Fairfield
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
Two properties are affected by the Zone Change portion of this item.  The proposed change in zoning was initiated by the owner of one site.  Staff has spoken with the owner of the adjacent affected parcel, and they do not have any opposition to the action.  

At its April 22, 2020 meeting, the Planning Commission held a public hearing on the proposed package of ordinance amendments.  The hearing was noticed in the Daily Republic on April 12, 2020. At said meeting, the Planning Commission unanimously adopted Resolution No. 2020-07 recommending that the City Council adopt the Ordinance.

ALTERNATIVE ACTION 
The City Council may choose to deny any, or all, of the requests and not adopt the corresponding proposed ordinances.
STAFF CONTACT 
Brian Miller, Associate Planner
707-428-7446
bkmiller@fairfield.ca.gov

COORDINATED WITH 
City Attorney's Office, Police Department
ATTACHMENTS:
Description
Attachment 1: Proposed Ordinance
Attachment 2: General Plan Exhibit
Attachment 3: Zoning Exhibit
Attachment 4: PC Resolution 2020-7, Minutes, and Staff Report
REVIEWERS:
ReviewerActionDate
Feinstein, DavidApproved4/30/2020 - 4:11 PM
Gassaway, DavidRejected5/4/2020 - 8:01 PM
AnswererApproved5/4/2020 - 5:44 PM
Feinstein, DavidApproved5/4/2020 - 8:47 PM
Gassaway, DavidApproved5/4/2020 - 9:11 PM
Alexander, AmberApproved5/7/2020 - 2:49 PM
Alexander, AmberApproved5/8/2020 - 6:40 PM