In the late 1990s, the City acquired approximately 10 acres at the southeast corner of Peabody Road and Vanden Road for a new multi-modal rail station to serve residents of Fairfield and surrounding cities. To facilitate compatible development around the new station, the City adopted the TSSP and associated zoning provisions.

Much of the land in the immediate vicinity of the train station was outside the City limits when the TSSP was adopted, and subsequently annexed in 2013. The area supports a number of existing land uses that are not consistent with the Specific Plan. To address these inconsistencies and incompatibilities, Zoning Ordinance provisions allow for non-conforming uses to continue to operate for a limited period after annexation through the review and approval of an IUP. Subject to zoning requirements, uses which receive an IUP must dedicate right of way to the City for road widening improvements. 

The requested amendment allows new non-conforming uses, similar to existing non-conforming uses, be permitted in the TSSP area for limited periods with an IUP. Staff prepared proposed amendments to the TSSP Non-conforming Use regulations (Section 25.28.7.K of the Zoning Ordinance) to facilitate the request. In addition to the dedication of road right-of-way, staff proposes new non-conforming uses also dedicate to the City any land needed for planned public stormwater detention basins. Such dedications typically do not occur immediately, but rather via an instrument that defers the dedication until such time the land is needed by the City. Staff has also included a variety of additional cleanup amendments to the TSSP Non-conforming Use section. The amendments can be summarized as follows:

1. Revising the header of subsection E from “Uses Which Become Nonconforming Due to Annexation” to “Nonconforming Uses” to broaden the regulations to any nonconforming use.
   
   
2. Revisions to the filing timeframe for Interim Use Permit applications. The amendment allows for applications to be made within one year of the proposed Ordinance rather than 6 months of the previous Ordinance. This will give staff additional time over the coming year to bring all existing non-conforming uses into compliance with the amended code. 
   
   
3. Revisions and additions allowing for nonconforming uses to be introduced, provided that the use does not impede the intended development of the TSSP. 
   
   
4. Addition of a requirement that property owners make an irrevocable offer of dedication for internal streets and detention basins as part of an Interim Use Permit for an introduced nonconforming use. The dedication shall be subject to the policies and guidelines provided in the TSSP.

Staff supports the proposed request as the City may need right of way dedication prior to development demand for the TSSP. Furthermore, the City maintains control of the time period any new interim uses are allowed, ensuring the City can continually assess the conditions supporting development in the area and terminate IUPs when appropriate. In whole, allowing non-conforming uses to operate under an IUP benefits both the City and landowner, as uses that would otherwise not be permitted may operate for a limited period of time and the City can obtain needed right of way with a minimum of cost to the taxpayers. 

Environmental Review
Staff determined the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, as there is no possibility it will have a significant adverse effect on the environment. The Ordinance consists of minor amendments to the Zoning Code to allow for the possible continuance or introduction of nonconforming uses on an interim basis, but does not entitle any such use. A potential project enabled under the amendments is required to first obtain an Interim Use Permit from the City and is subject to environmental review in accordance with CEQA. Accordingly, adoption of the Ordinance does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Staff further finds that the proposed Ordinance is exempt under CEQA Guidelines Section 15301, which exempts permitting or minor alterations to existing facilities involving negligible or no expansion of existing or former use, and under Section 15305, which exempts minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density.