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AGENDA REPORT
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| | | | | | | | DATE:
| September 21, 2021
| TO:
| Mayor and City Council
| FROM:
| Stefan T. Chatwin, City Manager
| | SUBJECT: | Second Reading and Adoption 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 Cares Use As Required by State Law and Re-Establishing Regulations Pertaining to Garage Conversions in All Residential Zoning Districts |
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| | | | | | | | | RECOMMENDED ACTION | | Provide second reading and adopt Ordinance 2021-21. |
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| | | | | | | | | STATEMENT OF ISSUE | In 2019, the State Legislature adopted SB234. The new law prohibits cities and counties from requiring operators of any licensed family childcare home to obtain a land use/zoning permit and/or business license for their operation. The proposed ordinance brings the City into compliance 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 regulations addressing more typical garage conversions into spaces that are not ADUs. The proposed ordinance would reinstate previous regulations for non-ADU garage conversions. |
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| | | | | | | | | DISCUSSION | The proposed ordinance 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 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.
The proposed ordinance also reinstate earlier regulations 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 onsite parking and the retention of or replacement of the existing garage door(s).
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| | | | | | | | | 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. |
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| | | | | | | | | 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 No. 2021-17 recommending the City Council adopt the proposed ordinance.
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| | | | | | | | | ALTERNATIVE ACTION | | The council may request amendments to or choose to not adopt the ordinance. |
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| | | | | | | | | STAFF CONTACT | Brian K. Miller, Associate Planner
(707) 428-7446
bkmiller@fairfield.ca.gov
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| | | | | | | | | COORDINATED WITH | City Attorney's Office
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| REVIEWERS: | | Reviewer | Action | Date | | Gassaway, David | Approved | 9/13/2021 - 5:59 PM | | Alexander, Amber | Approved | 9/13/2021 - 6:06 PM | | Alexander, Amber | Approved | 9/13/2021 - 6:06 PM |
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