Boarding houses are a form of housing in which tenants, be they individuals or households, share a single residential unit, typically a single-family home or small apartment building. Boarding houses were traditionally a type of communal housing suitable for a variety of households and individuals who could not afford or chose not to rent traditional apartments or single-family homes

Fairfield’s Zoning regulations are very restrictive regarding boarding houses. Boarding houses are limited to higher density zones and require a Conditional Use Permit (“CUP”). Currently, Boarding Houses are not permitted in Fairfield’s traditional single-family zoning districts. 

Despite their unpermitted status, it is likely that boarding houses are operating throughout the City with no formal approvals, registration, or even City knowledge. In some cases, public and nonprofit funding is available to operators of such boarding houses. City approvals cannot be granted under the current Zoning Ordinance in most cases, which leads to a conflict between public goals of providing a variety of affordable housing options, including transitional and supportive housing, and current regulations. In addition, in areas where boarding houses may be allowed under the current zoning, the requirement to obtain a CUP introduces a costly barrier to establishing a legal boarding house. Finally, enforcing code compliance complaints against unpermitted boarding houses can be difficult, which leads to frustration among homeowners in our residential neighborhoods who have experienced difficulties with unpermitted, poorly managed boarding houses.

Staff proposes amendments to the Zoning Ordinance to reconcile the need for affordable and special needs housing with neighborhood concerns, while creating a path to legalize existing unpermitted boarding houses.

The main objectives of the proposed Ordinance include:

• Bring existing non-permitted boarding houses into legal status.
  
  
• Provide clear differentiation between smaller boarding houses that can be integrated into traditional single-family neighborhoods with lesser impacts and larger homes more suitable for commercial or higher density neighborhoods.
   
• Identify appropriate zoning districts for each class of boarding house.
   
• Develop clear and defensible objective standards, including location and concentration, parking, and design.
   
• Identify a ministerial process for approving smaller boarding houses while retaining the Conditional Use Permit process for larger boarding houses. 
  
  

The proposed Ordinance expands the definition of “Boarding House” to create two classes of Boarding Houses, as follows:  

• Small: 3-6 separate households and payment arrangements.
  
  
• Large: 7 or more separate households and payment arrangements.

The proposed Ordinance also implements new requirements that: 

• Boarding houses must meet all life safety and building code requirements.
  
  
• Boarding houses must be at least 300 feet apart and cannot be located on the same block.
  
  
• Boarding houses must comply with parking requirements of one space per household unless a waiver is granted by the Community Development Director, which may be granted if the residents of a boarding house do not own a car or a drivers’ license.

Staff recommends a Zoning Clearance for Small Boarding Houses in zoning districts where permitted. For small boarding houses (six or fewer tenancies), the Zoning Clearance is a ministerial approval process, with no further Planning review required. For Large Boarding Houses, the Ordinance requires a Zoning Clearance or a Conditional Use Permit depending on the specific zone. Note that Zoning Clearance does not replace conformance with City and State housing, building, and fire code requirements.

Environmental Review
Staff has determined that the proposed amendments to the text of the Zoning Ordinance are ministerial and exempt from further CEQA review under CEQA Guidelines Section 15305, which categorically exempts Minor Alterations in Land Use Limitations; Section 15301, which categorically exempts leasing of existing facilities; 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.