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, but 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 for the introduction of new non-conforming uses, similar to existing non-conforming uses, to be permitted in the TSSP area for limited periods with an IUP. Staff has 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 is proposing a requirement that introduced non-conforming uses also dedicate to the City any land on its property that is planned for a public stormwater detention basin. 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” in order 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. A regulation addition requiring property owners to 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.