Item Coversheet

Agenda Item No: 20.






AGENDA REPORT

DATE:

September 7, 2021 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:Public Hearing; and

First Reading and Introduction of Ordinance 2021-21 of the City Council of the City of Fairfield Amending Various Sections of Chapter 25, Article I of the Fairfield Municipal City Code (also known as the Zoning Ordinance of the City of Fairfield) Updating the Regulations Pertaining to Large Family Day Care Use as Required by State Law, and Re-establishing Regulations Pertaining to Garage Conversions in All Residential Zoning Districts

RECOMMENDED ACTION 
Hold public hearing; waive full reading, read by title only; and introduce ordinance for first reading.
STATEMENT OF ISSUE 
In 2019, the state Legislature adopted SB234. The new law prohibits cities and counties from requiring operators of any family child care home licensed by the Department of Social Services, Community Care Licensing Division, large or small as defined in Health and Safety Code 1596.78, to obtain a land use/zoning permit and/or business license for their operation. The City proposes Zoning Amendments to comply with SB234.

In 2020, the City adopted an overhaul of regulations governing Accessory Dwelling Units (ADUs). At this time, the City deleted Zoning Code Section 25.20.4.3 regulating “garage conversions” because that provision could potentially conflict with the ADU regulations. However, this left the City with no zoning regulations addressing the vast majority of garage conversions, which typically involves conversion of garage space to habitable space that is not an ADU. The proposed Zoning Ordinance would reinstate previous regulations for non-ADU garage conversions.
DISCUSSION

1. Large Family Day Care 

The proposed Zoning Ordinance amendment simplifies the Fairfield Municipal Code by removing the distinction between Small and Large Family Day Care to create one category, Family Day Care, which allows, by right, in-home care of children for any number below 14 children in districts which permit residential uses. The proposed ordinance amendment also eliminates the requirement for a Conditional Use Permit for large family day care homes. As required by the state, the City will defer to state regulation to address health and safety issues.   

2. Garage Conversions

 

When the City adopted new regulations for ADUs, the amended Municipal Code eliminated the regulations pertaining to garage conversions because such regulations potentially conflicted with the new ADU requirements. This left the City with no regulations for the high percentage of garage conversions that are not ADUs. The recommended amendment reinstates the previous zoning language governing garage conversions with a specific clarification that the regulations do not apply to ADUs or Junior ADUs (JADUs). These regulations permit garage conversions subject to certain minimal standards pertaining to on site parking and the retention of or replacement of the existing garage door(s).  

 

Environmental Review 
Staff has determined that the proposed amendments to the text of the Zoning Ordinance are ministerial and exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301, which categorically exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures; Section 15303, which categorically exempts construction and location of new, small facilities or structures and the conversion of existing small structures from one use to another with only minor modifications made to the exterior; 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. The text amendments make minor changes to clarify existing standards and requirements for existing structures under state law and regulate minor conversions to existing structures; these changes will not result in any new substantial physical change to the environment.


FINANCIAL IMPACT
There are no direct financial impacts to the City, as the changes are primarily administrative in nature and will have no direct fiscal impacts other than a minor reduction in Planning fees associated with the former Use Permit applications. The provisions could result in new affordable childcare options for the community, reducing cost burdens for some households.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
At its July 28, 2021, meeting, the Planning Commission held a public hearing that was duly noticed in the Daily Republic newspaper on July 18, 2021. At said meeting, the commission adopted Resolution 2021-17 recommending the City Council adopt the proposed ordinance.
ALTERNATIVE ACTION 
The 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
ATTACHMENTS:
Description
Proposed Ordinance
Planning Commission Resolution 2021-17, Staff Report, and Draft Minutes of 7.28.21
REVIEWERS:
ReviewerActionDate
Feinstein, DavidApproved8/23/2021 - 12:30 PM
Gassaway, DavidApproved8/23/2021 - 6:37 PM
Alexander, AmberApproved8/24/2021 - 4:49 PM
Alexander, AmberApproved8/24/2021 - 4:50 PM