SECTION 25.32
SPECIFIC USE REGULATIONS

Sections:

25.32.1    Purpose and Applicability

25.32.2    Adult Entertainment Businesses

25.32.3    Antennas and Communications Facilities

25.32.4    Satellite Dishes

25.32.5    Child Day Care Facilities and Private Schools

25.32.6    Interim Land Uses

25.32.7    Small Recycling Collection Facilities

25.32.7B    Collection Containers

25.32.8    Temporary Land Uses and Events

25.32.9    Outdoor Seating, Storage, Merchandise Display

25.32.10    Vendor Carts

25.32.11    Wind Energy Conversion Systems

25.32.12    Boarding Houses

25.32.13    Convenience Markets with Alcoholic Beverage Sales

25.32.14    Condominium Conversions

25.32.15    Aquaculture

25.32.16    Personal Care and Domestic Services – Limited

25.32.17    Cannabis Regulations

25.32.18    Assisted Living Facilities

25.32.1 Purpose and Applicability

This Section establishes regulations for certain land uses that may affect adjacent properties, the neighborhood, or community, even if the site planning and development standards of the applicable zoning district are satisfied. The regulations contained in this Section are intended to mitigate potential problems and hazards, and to ensure consistency with the General Plan.

25.32.2 Adult Entertainment Businesses

The purpose of this section is to prevent community-wide adverse secondary effects that can be generated by the unregulated operation of adult entertainment businesses. These adverse secondary effects include, but are not limited to: depreciation of property values; increased vacancy rates in residential and commercial areas; increased criminal activity; increased litter, noise, and vandalism; and interference with the enjoyment of residential property in the vicinity of such businesses.

A.    Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

1.    "Adult entertainment business” shall mean any of the following:

a.    Adult arcade. An “adult arcade” is an establishment where, for any form of consideration, as a regular and substantial course of conduct one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

b.    Adult cabaret. An “adult cabaret” is an establishment that, for any form of consideration, as a regular and substantial course of conduct presents live performances that are characterized by an emphasis upon specified sexual activities or feature any semi-nude person.

c.    Adult motion picture theater. An “adult motion picture theater” is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

d.    Adult retail store. An “adult retail store” is an establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.

e.    Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

2.    "Adult entertainment material” shall mean any audio tape, book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

3.    "Adult entertainment merchandise” shall mean adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

4.    "Characterized by an emphasis upon” shall mean the dominant or essential theme of the object described by such phrase.

5.    "Director” shall mean the Director of Community Development of the City of Fairfield or the designee thereof.

6.    "Hearing officer” shall mean the City Manager of the City of Fairfield, or the designee thereof.

7.    "Owner” shall mean the following: (i) the sole proprietor of an adult entertainment business; (ii) any general partner of a partnership that owns and operates an adult entertainment business; (iii) the owner of a controlling interest in a corporation that owns and operates an adult entertainment business; and (iv) the person designated by the officers of a corporation to be the zone clearance holder for an adult entertainment business owned and operated by the corporation.

8.    "Park” shall mean a park, playground, swimming pool, recreational facility or athletic field within the City that is under the control, operation or management of the City or any other public entity.

9.    "Regular and substantial course of conduct” shall mean that any of the following conditions exist:

a.    At least thirty percent (30%) of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

b.    At least thirty percent (30%) of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.

c.    The business presents any type of entertainment, live or otherwise, characterized by an emphasis upon specified sexual activities or featuring any nude or semi-nude person on any four (4) or more separate days within any thirty (30) day period.

d.    At least thirty percent (30%) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment that is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

10.    "School” shall mean any institution of learning for minors, whether public or private, offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

11.    "Semi-nude” shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

12.    "Specified anatomical areas” shall mean the following:

a.    Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;

b.    Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

c.    Any device, costume or covering that simulates any of the body parts included in A or B above.

13.    "Specified sexual activities” shall mean the following, whether performed directly or indirectly through clothing or other covering:

a.    The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.    Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

c.    Masturbation, actual or simulated;

d.    Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (a.) through (c.) of this subparagraph.

B.    Zone clearance application. It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the Director a zone clearance for such business.

1.    Applications for a zone clearance shall be submitted on a form provided by the Director and shall be accompanied by a nonrefundable application fee in an amount established by Resolution of the City Council.

2.    If the Director determines that the applicant has completed the application improperly, the Director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the Director shall grant the applicant an extension of time of ten (10) days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

C.    Approval or denial of zone clearance. The Director shall, within thirty (30) city business days of the filing of a complete application, approve and issue a zone clearance if the provisions of Section 25.32.2 (D) (Location Criteria), have been satisfied; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the Hearing Officer in accordance with Sec. 25.32.2 (E) (Appeals).

D.    Location criteria.

1.    Permissible districts. Provided the requirements of subparagraph (2) below are satisfied, an adult entertainment business may be located in the CS, CT, or IL district.

2.    Separation requirements. An adult entertainment business may be located in the districts specified in subparagraph (1) above, provided that the business satisfies all of the following requirements:

a.    The adult entertainment business is not within one thousand (1,000) feet of any other adult entertainment business located within or outside of the City.

b.    The adult entertainment business is not within seven hundred and fifty (750) feet of any RVL, RL, RLM, RM, RH, RVH, or CM district or any residential area of a planned development zone district.

c.    The adult entertainment business is not within seven hundred and fifty (750) feet of any school, library, park, playground, freeway, or church.

d.    The adult entertainment business is not located within the following areas:

1.)    The area located south of Interstate 80 and west of Interstate 680.

2.)    The area bounded on the south by Air Base Parkway, on the east by Clay Bank Road, on the west by Dover Avenue, and on the north by Cement Hill Road.

3.)    The area bounded on the south by Cordelia Road, on the east by Beck Avenue, on the north by State Highway 12, and on the west by Hale Ranch Road.

4.)    The area bounded on the south by the Southern Pacific Railroad right-of-way, on the east by Ledgewood Creek, on the north by State Highway 12, and on the west by Beck Avenue.

3.    The distances set forth in subparagraph (2) above shall be measured as a straight line, without regard to intervening structures, from the property line of the property containing the adult entertainment business to the property line of the property so used at the time of submission of the permit application; provided, however that the distances between adult entertainment businesses as set forth in (a) of subparagraph (2) above shall be measured from the outside wall of the tenant space of each adult entertainment business.

4.    No adult entertainment business may be located within the City except as provided in this paragraph.

5.    Nontransferable. No person shall operate an adult entertainment business under the authority of a zone clearance at any place other than the address of the adult entertainment business stated in the application for the zone clearance.

6.    Number of businesses. No building, structure or other facility shall contain more than one (1) type of adult entertainment business; as such types of adult entertainment businesses are defined in this section.

7.    Regulations nonexclusive. The provisions of this section regulating adult entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Fairfield City Code, including Chapter 10D, or any other applicable law.

E.    Appeals. Any decision of the director may be appealed in accordance with Section 10D.27-10D.33 of the City Code.

25.32.3 Antennas and Communications Facilities

A.    Purpose and intent. The purpose of this Section is to provide a uniform and comprehensive set of standards for the development and installation of facilities related to wireless telecommunication facilities in order to accommodate the needs of residents and businesses while protecting the public health, safety, and welfare and the aesthetic quality of the community. Wireless telecommunication facilities include, but are not limited to: cellular, personal communication services and networks, paging, dispatching, enhanced specialized and specialized mobile radio, television broadcast, radio broadcast (including Amateur HAM Radio facilities), and all other wireless communications, whether the facilities are public or private, unless specifically exempted herein.

    The regulations of this Chapter are established to achieve the following purposes:

1.    To ensure that a comprehensive and broad range of communications services and high quality telecommunications infrastructure are provided to serve the community, including the enhancement of the City’s emergency response network;

2.    To minimize adverse visual and aesthetic effects of wireless telecommunication facilities through careful design and siting standards;

3.    To establish development standards that are consistent with federal law related to the development of wireless telecommunication facilities;

4.    To ensure that public health, safety, welfare, and property values are protected;

5.    To encourage the use of existing and approved structures to accommodate new communication antennas in order to reduce the number of freestanding facilities needed to serve the community, while minimizing the visual impact of any one structure;

6.    To encourage the development of concealed freestanding facilities where it is not feasible to use existing facilities.

7.    This Section is intended to provide regulations regarding the design and location of wireless telecommunication facilities in accordance with the City’s police power and as provided under the Federal Telecommunications Act of 1996. Where this Section establishes more restrictive objectives, rules and procedures that are unique to the City and which have been determined to be consistent with State or Federal law, the more restrictive objectives, rules, and procedures shall apply.

    NOTE: This Section refers to many technical terms and phrases not used in common language. The terms and phrases used herein are defined at the end of this Section.

B.    Classification of facilities. For the purposes of this Section, wireless telecommunication facilities shall be grouped into one of the following four categories: exempt, minimal impact, minor, or major.

1.    Exempt facilities. The following wireless telecommunication facilities may be located in any zoning district, except property within a designated historic district, or a designated historic building, and shall only require Zoning Clearance, as defined in Section 25.40.2 of this Chapter (except that (a), (b), and (c) below would require no approval):

a.    Mobile news services providing public information coverage of news events of a temporary nature, not to exceed a time period of 72 hours;

b.    Temporary facilities, including mobile facilities such as cellular-on-wheels (COWs) or cellular-on-light-trucks (COLTs), for a time period not to exceed 60 days, when deployed during a community-wide emergency or natural disaster. The Director of Community Development shall be responsible for determining whether an event qualifies as a community-wide emergency or natural disaster;

c.    No more than two ground- or building-mounted receive-only radio or television antennas including any mast, for the sole use of the tenant occupying a residential parcel on which they are located, with a height not exceeding that established for the appurtenant zone district;

d.    Temporary testing facilities to establish the necessary height of a permanent Telecommunication Tower facility, not to exceed a time period of 48 hours;

e.    A ground- or building-mounted citizens band or other radio antenna with a height not exceeding that established for the applicable zoning district. All citizens band and other radio antennas lawfully in existence at the time of adoption of this Ordinance shall also be considered exempt from this Section. Where applicable, building permits shall be required for freestanding radio antennas;

f.    In a commercial or industrial zoning, up to three antennas or three dishes, not exceeding eight feet in diameter, for the sole use of the occupant of the subject property, provided all structures are completely screened from view from the public right-of-way and from adjacent property;

g.    Amateur radio station facilities, provided all antennas and supporting structures meet the following requirements:

1.    Only one amateur radio station facility shall be installed on any single parcel, and all fixed radio equipment, antennas and antenna support structures so installed shall be included as part of that single facility.

2.    All fixed radio equipment, antennas and antenna support structures shall comply with setback, lot coverage and other standards, except height, required in the zone district where it is located.

3.    In all residential zone districts, the height of the supporting tower shall not be more than 35 feet above natural grade when the station is not in use, and not more than 75 feet above natural grade when the station is in use.

4.    In non-residential zone districts, the height of the supporting tower shall not be more than 75 feet above natural grade at any time.

5.    Multiple antennas shall be grouped so as not exceed 16 square feet in area where feasible.

6.    All required building permits shall be obtained.

2.    Minimal impact facilities. Wireless telecommunication facilities are minimal impact facilities if they meet the definition of “concealed facility” contained in Section 25.32.3.I.17 and the following criteria. Unless otherwise defined below, this section does not apply to new freestanding structures and flagpoles.

a.    The antennas are attached to

1.    High tension power transmission towers.

2.    Water tanks

3.    Non-residential buildings located in non-residential zoning districts.

b.    The facilities are located at least 200 feet from any residence, or are located so as to be not visible from said residence.

c.    All antennas are flush mounted to the tower, tank, or other structure and painted to match the color of the structure to which it is attached.

d.    The RF Report submitted with the application demonstrates that the emissions will meet or be lower than the federal standards.

e.    Facilities owned and operated by public agencies and utility companies that are receive-only or receive-and-transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for water, flood alert, traffic control devices and signals, storm water, pump stations or irrigation systems, provided the heights of such facilities do not exceed 35 feet, and any dish which does not exceed 24 inches in diameter;

f.    Temporary facilities for use during the repair or reconstruction of the existing building or other existing nonresidential structure for up to 60 days shall be treated as a minimal impact facility for the purposes of this section provided that they are no taller than the existing facilities and can demonstrate compliance with Federal RF guidelines.

g.    The design of the antennas is visually integrated into the building or structures or visually compatible with the building or structure design.

h.    The installation of additional antennas at an existing approved site, provided that the new antennas can still meet all other requirements of the existing approvals, including CEQA RF standards.

i.    In the IL and IG Zoning Districts, up to six building- or facade-mounted antennas, which do not exceed 10 feet in height above the roof ridgeline of the building, unless designed as a concealed facility which has the appearance of an architectural feature of the building.

3.    Minor facilities. Wireless telecommunication facilities are considered to be minor facilities, if the facility meets the following criteria, and all other applicable provisions of this Section:

a.    Antennas and equipment in the public right-of-way and structurally integrated with a light standard, telephone pole, or a metal monolithic pole similar in design to a street light, which does not exceed the height of the pole by more than 10 feet;

b.    In non-residential districts, up to six structure or roof-mounted antennas, not exceeding 10 feet in height above the roof ridge line unless designed as a concealed facility;

c.    In non-residential districts, antennas co-located and structurally integrated with an existing freestanding communication facility, which do not exceed the height of the existing structure by more than 10 feet, or the limits in Section E.5.i) of this Chapter;

d.    Concealed facilities that do not exceed the height limit of the zoning district in which the facility is located;

e.    New freestanding ground-mounted antennas that are less than 15 feet in height;

f.    On non-residential property, a single ground- or building-mounted whip (omni) antenna without a reflector, less than four inches in diameter, the total height of which does not exceed 35 feet from the surrounding ground level;

h.    Amateur radio facilities that do not qualify as an Exempt Facility.

4.    Major facilities. A wireless telecommunication facility that does not meet the definition of an Exempt facility or a Minor facility is a Major facility. Examples include new freestanding monopoles or towers, or any wireless telecommunication facility not defined above that is located in the H: (Hillside Overlay) district and is not designed as a concealed facility.

C.    Nonexclusive grant. No approval granted under this Section shall confer any exclusive right, privilege, license or franchise to occupy or use the public rights-of-way of the City for delivery of communications services or any other purpose.

D.    Rights granted. No approval granted under this Section shall convey any right, title, or interest in the public rights-of-way, but shall be approved only to use and occupy the public rights-of-way for the limited purpose and terms stated in the approval. Further, no approval shall be construed as any warranty of title.

E.    General provisions. Minor and Major telecommunication facilities, with the exception of amateur radio facilities which do not meet the criteria of an Exempt Facility, shall comply with the following criteria:

1.    Screening criteria. Considerations for concealing the antennas, poles and equipment shall be incorporated in the design of all wireless telecommunication facilities, to blend with the surrounding area and minimize their aesthetic intrusion on the surrounding community. Measures to screen the facilities shall include the following:

a.    Any Minor facility in a residential zoning district shall be a concealed facility, the intent being to create no visual impacts on the surrounding neighborhood;

b.    The pole, antennas and all external equipment shall have subdued colors and nonreflective materials;

c.    When feasible, ground-mounted facilities shall be located in proximity to existing structures, vegetation/landscaping, or topography which provide the greatest amount of screening. Additional screening may be required through the planting of trees or other vegetation in accordance with Section E.5.(j) of this Section;

d.    On structure-mounted facilities, screening shall be compatible with the existing architecture, color, materials and texture of the structure.

2.    Locational preference and criteria.

a.    Minimal impact facilities may be approved in any non-residential zoning district, subject to the limitations of Section 25.32.3.B.2. Minor wireless telecommunication facilities may be approved in any zoning district, except the HDC district and the H: (Hillside Overlay) district, unless designed as a concealed facility. Major telecommunication facilities may be approved in any zoning district except a residential district, the HD, HDC, and HR districts. Major facilities shall not be located any closer than 500 feet to a residential district, unless technical evidence acceptable to the decision maker is submitted by the applicant showing a clear need for the subject facility in the proposed location, the absence of feasible alternative locations, and where the Major facility is screened from view from surrounding properties and public views. However, in any case a Major facility may not be located closer than 100 feet to a residential district;

b.    Wireless telecommunication facilities shall be located in the following order of preference [1) through 5) would be classified as Minor wireless telecommunication facilities, 6) and 7) would be classified as Major wireless telecommunication facilities]:

1)    New or existing structures integrating a concealed design;

2)    Existing structures (public or private) that allow a facade-mounted antenna;

3)    Existing structures (public or private) that allow roof-mounted antennas;

4)    Co-location on existing wireless telecommunication facilities or light standards at a lower height and do not qualify as “Exempt communications facilities”;

5)    Co-location on existing wireless telecommunication facilities or light standards at a higher height;

6)    New freestanding facility for co-location;

7)    New freestanding facility for single carrier;

c.    As part of the application process for a Conditional Use Permit (CUP) to install a Minor or Major communication facility, applicants shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with this Section (order of preference for site selection);

d.    Setbacks shall apply to all wireless telecommunication facilities as established by the base zoning district of this Ordinance or any applicable Planned Development zoning district established pursuant to this Ordinance, unless specifically exempted herein.

3.    Approval of telecommunications facilities.

a.    All Exempt facilities shall require Zoning Clearance in accordance with Section 25.40.2, unless it is specified in this article that no approval is required.

b.    All Minimal impact facilities shall require Minor Discretionary Review approval in accordance with the requirements established in Section 25.40.4 of this Article.

c.    All Minor facilities shall require Conditional Use Permit (CUP) approval in accordance with the procedures and findings established in Section 25.40.6 of this Article.

d.    All Major facilities shall require CUP approval from the Zoning Administrator unless the Director determines that the project is of scope or scale to warrant full public review before the Planning Commission in accordance with the procedures and findings established in Section 25.40.6 of this Ordinance.

e.    Public hearing notice for any CUP for a wireless telecommunication facility shall include all property owners within 500 feet of the property on which the facility is proposed.

4.    Application criteria. The applicant for Minor Discretionary Approval to construct a Minimal Impact Facility or a Conditional Use Permit (CUP) to install a Minor or Major facility, with the exception of amateur radio facilities which do not meet the criteria as an Exempt Facility, shall submit the following information in addition to the items listed in the City’s Standard Submittal Requirements.

a.    Detailed, scaled drawings of all proposed antennas and equipment, including panels, whips, outbuildings and cabinets;

b.    A visual analysis, which may include a photo simulation of the facility, field mock up, light silhouette illustration of shadow impacts of a structure or other techniques which identify the potential visual impacts of a proposed facility. Consideration will be given to views from nearby streets, residential areas, other public areas and scenic corridors identified in the City’s General Plan. The visual analysis shall also assess the cumulative impacts of the proposed facility and existing facilities in the immediate area;

c.    An analysis that looks at alternative sites within the technically feasible coverage area;

d.    A network map depicting the location of the proposed communications facility and associated future facilities within the City for which the applicant intends to seek approval to meet the current coverage needs of the communications provider;

e.    A NIER exposure study, certifying the emissions conform to adopted Federal standards, as may be amended. For co-located facilities, an exposure study of the cumulative NIER emissions of the existing and proposed equipment shall be required;

f.    Written documentation demonstrating a good faith effort to locate the proposed communication facility in accordance with the site preference criteria contained in Subsection B;

g.    A list of other communications facilities within 1/4 mile of the proposed location;

h.    A written agreement that provides for the continued maintenance of the facility and for the removal of the tower or antennas within 30 days after the facility is abandoned, as defined and described in Section 25.32.3 (H) of this Chapter;

i.    When the subject application is for a Major Facility, at the Director’s discretion, the Director is authorized to employ on behalf of the City an independent technical qualified expert to review any technical materials submitted with the application including, but not limited to, those required under this Section and in those cases where a technical demonstration of need or unfeasibility of alternatives is required. The Director shall choose an independent technical expert that is qualified to perform the work in a reasonable period of time and at market rates. The applicant is responsible for any costs associated with the City hiring an expert to review the applicant’s proposal.

5.    Design criteria. New wireless telecommunications that incorporate a concealed design are encouraged, and shall be considered as a first alternative for the design and location of a new facility.

a.    Providers proposing to establish wireless telecommunication facilities in the City are strongly encouraged to find sites that are separated from residential areas.

b.    As a Condition of Approval for any Major facility, the City shall require the applicant make the tower, poles, and equipment buildings available for co-location with other telecommunications carriers, to the extent possible without conflicting with the operating frequency and technical function of the applicant’s equipment.

c.    As a Condition of Approval for any Minor or Major facility, the City shall require the tower, antennas, equipment and buildings be upgraded with structures which have a reduced visual impact on public views, as technology changes. An assessment of technological advances and replacement of equipment shall occur during the review of any request for extension of the Use Permit, as outlined in Section G. of this Section.

d.    Major facilities that are readily visible from public view shall not be located within 2,000 feet of an existing Major facility in the City except when co-located on the same structure. If necessary, successive applicants requesting co-location on an existing facility may be required to increase the structural capacity of the tower to accommodate proposed new equipment, versus installing a new tower. The determination of whether a facility is readily visible from public view shall be made by the decision maker at the time an application for a new Major facility is submitted for City review.

e.    For the purposes of this Section, distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed facility to the nearest applicable boundary line of a residential zoning district, or to the nearest point of another Major facility.

f.    Wireless telecommunication facilities shall not display signs or advertising devices other than certification, warning, or other required seals or signs. This requirement does not preclude mounting antennas on an existing sign.

g.    Accessory equipment associated with the operation of the facility shall be located within an enclosure, structure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. Above-ground support equipment, irrespective of its location, may require landscaping or other visual measures as a Condition of Approval to effectively mitigate visual and safety impacts. Equipment requiring the use of flammable, combustible, or hazardous materials shall be installed and maintained in compliance with the Building and Fire Code. Any noise generating equipment shall comply with the noise standards of the City’s General Plan.

h.    All facilities shall have subdued colors (earth tone, gray and/or flat finish), and shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

i.    New wireless telecommunication facilities shall comply with the following height restrictions:

1)    Structure-or roof-mounted Minor facilities which do not incorporate a concealed design shall not exceed ten feet in height above the roof ridge line regardless of the overall structure/building height;

2)    Minor facilities which are of a concealed design (freestanding or roof-mounted) shall not exceed 75 feet in overall height from finished grade unless the maximum height allowed in the applicable zoning district in which the facility is located is greater than 75 feet;

3)    A freestanding tower or monopole for a Major facility may not exceed 75 feet in height. If the facility is used for co-location, an additional 25 feet in height may be approved, if a setback equal to or greater than the height of the new structure is provided between the new facility and adjacent property. To allow an increase in height, the applicant must demonstrate to the City that the additional height is necessary for the antenna to function properly and meet the minimum coverage objectives of the service provider stated in the application for Conditional Use Permit.

j.    All wireless telecommunication facilities shall be installed in a manner so as to maintain and enhance existing vegetation, including trees, and shall include suitable additional landscaping to screen the facility. New trees may be required as a Condition of Approval as visual buffer between new freestanding towers, poles and structures and public views.

k.    Unless prohibited by radio frequency requirements, adequately demonstrated to the Director, ground-mounted facilities shall be located in proximity to existing structures, vegetation or topography which provides the greatest amount of screening.

l.    Wireless telecommunication facilities shall be served by the minimum roads and parking necessary to access the facility. Existing roads and driveways shall be used for access wherever possible.

m.    New monopoles shall utilize a solid structure to minimize the width of the pole. Panel antennas shall be mounted in a manner flush to the pole, rather than mounted on an extended bracket. Exceptions to this criteria will be reviewed on a case-by-case basis by the Planning Commission.

n.    Communications infrastructure to the facility shall be via a land line where possible. If land lines cannot be provided, external antennas for communication to the facility shall utilize an open grid. Exceptions will be approved only where it is demonstrated a solid face antenna(e) will have a reduced visual impact, or where the service providers’ operating system is not capable of using an open grid antenna.

o.    Wireless telecommunications facilities in the H: (Hillside Overlay) district must also comply with the City’s Hillside Management Guidelines.

6.    Environmental review. Minimal impact facilities are generally considered to be exempt under Section 15303 of the California CEQA Guidelines due to lack of impacts, including visual impacts, and documentation that there are no impacts beyond federal standards from radio emissions.

All Minor and Major facilities are subject to the California Environmental Quality Act (CEQA), and based on the findings of an Initial Study prepared in accordance with CEQA Guidelines, Section 15063, may require a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report.

F.    Modification of approvals. An approval may be modified in accordance with the provisions of Section E.3 and as provided below:

1.    Unless the existing or proposed facility is a co-located facility, the overall height of a wireless telecommunication facility tower with all planned antennas and other equipment attached may not be increased by more than 15 feet over that authorized by the original Conditional Use Permit (CUP) or other entitlement for use or, where CUP or other entitlement for use exists, the height of the facility as it originally existed before any modifications were undertaken;

2.    Unless the existing or proposed facility is a co-located facility, or is located in an industrial zoning district, the gross cross sectional area or silhouette of the wireless telecommunication facility tower with related antennas, satellite dishes and other devices attached may not, from any aspect, increase by more than 25 percent over that authorized by the original CUP or other entitlement for use or, on a legal nonconforming use or facility, the width of the facility as it originally existed before any modifications were undertaken. The gross cross-sectional area or silhouette of a wireless telecommunication facility which is a co-located facility, or which is located in an industrial zoning district may be increased by 50 percent over that authorized by the original CUP or entitlement, subject to the provisions of Section (E)(3).

G.    Term of approval.

1.    Conditional Use Permits (CUPs) for all Minor and Major facilities approved under the provisions of this Chapter, with the exception of a Conditional Use Permit granted for a amateur radio facility processed as a Minor Facility, shall expire ten years after the date of their initial approval. The Director may grant an extension of the CUP, for a maximum period of eight years, if said extension is requested at least 30 days prior to expiration. At that time, the Director may approve such extension if the Director determines the following:

a.    No abandoned equipment as defined in Section H. is located on the subject property;

b.    New technology cannot be feasibly installed which will reduce the visual impact of the existing facility from public views without materially reducing the facility’s functionality; and

c.    For a Major facility, the operator has cooperated in good faith in permitting use of the subject facility as a co-located facility.

2.    The request for extension shall be advertised and noticed as a public hearing, in accordance with Section 25.43 (Public Hearings). Public hearing notice shall include all property owners within 500 feet of the property on which the facility is proposed.

H.    Abandonment.

1.    The operator of a communications facility shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for the purposes for which it was approved by the City, for a consecutive 180-day period or a total of twelve (12) months over a consecutive 30-month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than 30 days following the end of the applicable cessation period.

2.    A written notice of the determination of abandonment shall be sent or delivered to the operator of the facility by the Community Development Department. The operator shall have 30 days to remove the facility or provide the Department with evidence that the use has not been discontinued. The Director of Community Development shall review evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required 30-day period shall be in violation of this Section and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalty provisions of Chapter 27 of the Fairfield City Code.

3.    In the event that a communication facility is not removed within 90 days after the applicable cessation period ends, as described in subsection (H)(1). above, the facility may be removed by the City and the costs of removal assessed against the property.

I.    Definitions. Unless otherwise stated, the following definitions shall apply:

1.    Amateur Radio Facility shall mean a wireless communication facility operated by a Federally-licensed Amateur Radio Operator as part of the Amateur Radio Services.

2.    Amateur Radio Operator shall mean a person holding a written authorization to be the control operator of an Amateur Radio Facility. The authorization shall be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.

3.    Amateur Radio Service shall mean the radio communication services, including the amateur-satellite service and the amateur service, which are for the purpose of self-training, intercommunication and technical investigations carried out by amateurs who are duly authorized persons interested in radio technique solely with a person aim and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97 and regulated thereunder.

4.    Antenna shall mean a device used in wireless communications which transmits and/or receives radio or television signals, including, but not limited to, dish, panel, parabolic, and whip antennas. All antennas or radio wave emitting devices within a radome structure shall be defined as one antenna for the purposes of this Ordinance

5.    Co-location. See “Wireless telecommunication facility, co-located” below.

6.    Ground-mounted shall mean mounted to a pole, monopole, lattice, tower, or other freestanding structure specifically constructed for the purpose of supporting antennas and/or microwave dishes.

7.    Lattice tower shall mean a structure with three or four steel support legs that supports a variety of antennas. These towers generally range in height from 60 to 200 feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally sound design.

8.    Microwave shall mean spectrum frequencies from 3 Ghz to 300 Ghz, highly directional when used for radio frequency transmissions, and uses relatively low transmitter power levels when compared to other forms of transmission.

9.    Monopole shall mean a structure composed of a single spire used to support antennas and related equipment.

10.    NIER shall mean Non-Ionizing Electromagnetic Radiation, i.e. electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.

11.    Radio Frequency Emission (RFE) shall mean the local electric and magnetic fields caused by voltage and the flow of electricity that envelope the space surrounding an electrical conductor. Also known as electromagnetic field (EMF).

12.    Radio Frequency Radiation (RFR) shall mean the portion of the spectrum from three kilohertz to 300 gigahertz (3kHz to 300 gHz).

13.    Roof ridge line (also known as structure ridge line) shall mean the line along the top of a roof, or top of a structure.

14.    Structure-mounted (also known as building-mounted) shall mean mounted to, or as part of, a structure (e.g., a building, billboard, church steeple, freestanding sign, water tank, etc.).

15.    Wireless telecommunication facility shall mean a public or private structure that supports antennas, microwave dishes, and other related equipment that sends and/or receives radio and television frequency signals, including, but not limited to, cellular, wireless communication, personal communication services and networks, paging, dispatching, enhanced specialized and specialized mobile radio, television, radio, and all other wireless communications, except for television satellite antennas regulated by Subsection (11). A building or cabinet used to house radio and computer equipment that is used for the transmission and/or reception of wireless communication signals is also included in this definition.

16.    Wireless telecommunication facility, co-located shall mean the locating of wireless communications equipment from more than one service provider on a single ground-mounted, roof-mounted or structure-mounted facility.

17.    Wireless telecommunication facility, concealed shall mean a communications facility which is designed to blend with the surrounding environment. Typically a concealed facility is architecturally integrated into a building or structure such as a panel integrated into the railing of a balcony or stairway; a panel or panels placed on the inside of a sign; or is freestanding and, as an example, is designed to resemble a tree or other natural structure. (Ord. No. 2013-07, § 2; Ord. No. 2014-03, § 2; Ord. No. 2018-06, § 4.)

25.32.4 Satellite Dishes

A.    Purpose and applicability. This Section establishes regulations for the installation of satellite dishes that measure one meter or more in diameter. Dishes less than one meter in diameter shall be exempt from these regulations. Implementation of these regulations should result in a satellite dish location that is the least visible from public rights of way while not burdening adjacent property owners with negative visual impacts.

    Antennas associated with wireless communications are not regulated by this section but are instead subject to the regulations contained in Section 25.32.3 (Antennas and Communications Facilities).

B.    Regulations applying to all satellite dishes. The following regulations shall apply to all satellite dishes that measure one meter or more in diameter:

1.    Approval. Minor discretionary review approval shall be required prior to installation. No more than one dish shall be approved in any multi family development (apartments, condos, etc.) or at any commercial establishment, including businesses selling satellite dish systems. The Director may allow more than one antenna if the applicant can demonstrate that the additional antenna(s) will meet the provisions and intent of this Section.

2.    Location. The follow location requirements shall be met:

a.    Installation shall be prohibited between any street and principal building on the site, except where a rear yard lot backs up to a public right-of-way. In this case, a 15-foot setback shall be maintained between the public right-of-way and the dish.

b.    Installation shall be prohibited on the roof of any structure on the parcel, except when the dish shall be fully screened by a roof parapet from any adjacent property or street.

3.    Design. The following design measures shall be incorporated into placement of any dish:

a.    Dishes or mounting structures installed with the use of guy wires shall be prohibited.

b.    Highly reflective surfaces or colors shall not be used on any dish or mounting structure.

c.    Landscaping or solid screening shall be installed around the base of any ground mounted dish to screen any structural elements. This screening shall not be required if the dish is not visible from adjacent public streets, public areas of the development, and/or adjacent properties.

d.    All wires and/or cables necessary for the operation of the dish or reception of the signal shall be placed underground, except those wires or cables attached flush with the surface of a building. Wires or cables may be placed in conduit painted to match the building wall to which they are attached.

C.    Regulations applying to satellite dishes in residential zoning districts. In addition to the regulations identified in subsection (A) above, the following regulations shall apply to dishes installed in any residential zoning district or residential area of a planned development zoning district:

1.    A setback equal to the height of the dish and mounting structure shall be maintained between any property line and any part of the dish or structure, except that no setback shall be required if the dish does not exceed 72 inches in height.

2.    Maximum height of the dish and mounting structure shall be 15 feet.

25.32.5 Child Day Care Facilities and Private Schools

This Section establishes regulations for City review of child day care facilities, in compliance with State law, private schools, preschools, nursery schools, and day care centers. These regulations do not apply to small or large family day care homes, which are instead regulated by the California Department of Social Services through its licensing procedures.

A.    Operating standards. All facilities shall be subject to the following regulations:

1.    Outdoor activities. Play and outdoor activities shall be limited to between the hours of 9:00 a.m. and 6 p.m., and be conducted within an area enclosed by a six-foot solid or chain link fence. Where the play area abuts any residential property, a minimum six feet high heavy wood fence or masonry wall shall be installed between the play area and the residential property.

2.    Noise. Ambient noise levels at the boundary of any proposed outdoor play area shall not exceed the maximum allowable noise exposure levels identified by the Fairfield Noise Ordinance (Chapter 25, Article X, Table 25-1401) for playgrounds. The Director may require the applicant to demonstrate compliance with this standard.

3.    Size requirement for play areas. Outdoor play areas shall be at a minimum ratio of 75 square feet provided per child. Indoor play area shall be provided at a minimum ratio of 35 square feet per child. Only outdoor areas or interior rooms that have a minimum dimension of 10 feet in either depth or width shall be counted toward meeting this requirement.

B.    Other permits. The applicant shall obtain all other necessary permits and approvals from the State and/or County prior to commencing operation of the facility.

25.32.6 Interim Land Uses

The purpose of this Section is to allow certain uses that would otherwise not be allowed in Redevelopment Areas and Specific Plan Areas for a limited duration until sites can be consolidated for redevelopment. Such uses may be established in compliance with this Section in any commercial or industrial zoning district in a Redevelopment Area or Specific Plan Area.

A.    Permitted uses. The following interim land uses may be authorized through Conditional Use Permit approval by the Planning Commission, in any commercial or industrial zoning district.

1.    Retail or wholesale nursery.

2.    Vehicle storage.

3.    Automobile parking lot.

4.    Other uses similar to the above, or uses with similar impacts as determined by the Planning Commission to be consistent with the purpose of this Section.

B.    Limits on improvements. Improvements required to implement any of the above land uses shall not render the use permanent or immobile. The Planning Commission shall have the ability to limit improvements to ensure that the use will remain temporary.

C.    Findings for approval. The Planning Commission shall make each of the following findings when granting a Conditional Use Permit for an interim use:

1.    Prevailing economic conditions or redevelopment program priorities do not support immediate efforts to establish allowed uses in the base zoning district within the designated Redevelopment Area or Specific Plan Area.

2.    The proposed interim land use will not impede the development of allowed land uses on abutting or nearby properties and the future development of the subject property.

3.    The land use requires little or no improvements to the subject property, so as not to discourage future redevelopment.

D.    Time Limit. All interim land use permits may be approved for an initial period of up to three years. Two one-year time extensions may be granted upon written request to the Director prior to the expiration date. In no case shall the duration of any interim land use exceed five years.

E.    Conditional Use Permit Agreement (CUPA). The property owner shall enter into a Conditional Use Permit Agreement with the City that specifies the duration of the permit after which the interim use shall terminate. The agreement shall also include provisions to ensure that the site is adequately maintained at all times; and a guarantee and/or a procedure to guarantee the termination of the use and removal of all associated temporary facilities upon expiration of the Conditional Use Permit. (Ord. No. 2013-07, § 2.)

25.32.7 Small Recycling Collection Facilities

This Section establishes regulations and procedures for the siting and operation of various types and sizes of commercial recycling facilities, including donation drop-off facilities. Recycling activities conducted for 72 hours or less are subject to the Section 25.32.8 (Temporary Land Uses and Events).

This section does regulate Material Resource Recovery Facilities (MRRF), which are instead addressed by Section 25.24.4.2.

This section does not regulate Collection Containers, which are regulated by Section 25.32.7B.

A.    Development Standards.

1.    Location requirements. All small recycling collection facilities shall:

a.    Comply with the landscaping and building setback requirements of the applicable zoning district;

b.    Not be located in any required access or traffic visibility safety area; and

c.    Not be located within 150 feet of any parcel zoned or identified on the General Plan for residential use.

2.    Maximum size. No small recycling collection facility shall occupy more than 700 square feet or more than four parking spaces (not including space that will be periodically needed for removal of materials or exchange of containers).

3.    Maintenance. Collection trailers and containers, site fencing, and signs shall be of a color and design determined by the Director to be compatible with surrounding uses. The site shall be free of debris and loose materials at the end of each business day.

4.    Screening. The facility shall be partially screened from view from any adjacent public rights-of-way or public area, on- or off-site, through the use of low walls and fencing, trellis structures, permanent landscaping, or other approved material.

5.    Parking. The use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the principal use unless a parking study acceptable to the Director shows that existing capacity is not fully utilized during the time the recycling facility will be on the site.

B.    Operating standards. All facilities shall meet the following operating standards:

1.    The facility shall accept only glass, metal or plastic containers, paper, and other recyclable items;

2.    No processing of recyclable material shall be allowed and no power-driven equipment shall be used to receive recyclables;

3.    When the site is not attended, the facility may provide temporary deposit containers for collecting recyclables provided they are constructed with durable waterproof and rustproof material. The containers shall be covered, secured from unauthorized material removal, and shall be of a capacity sufficient to accommodate materials collected;

4.    All recyclable material shall be stored in containers or in the mobile unit vehicle or trailer. No materials shall be stored outside when an attendant is not present;

5.    Any site used for a collection facility shall be cleaned at the end of each collection day;

6.    The facility shall operate only between the hours of 9:00 A.M. and 7:00 P.M. (Ord. No. 2017-06, § 2.)

25.32.7B Collection Containers

A.    Annual Permit Required for all Collection Containers. No later than December 1, 2017, no person shall place, operate, maintain or allow a Collection Container on any real property in the City of Fairfield without first obtaining an annually renewable permit from the City, except as provided for in Section B below.

B.    Exemptions. Containers that satisfy the following standards are exempt from the permit requirements of this section:

a.    Containers that are located within an entirely enclosed and lawfully constructed and permitted building, provided that such containers satisfy the operational requirements set forth in subsection J.

b.    Refuse or recycling containers that comply with the provisions of Section 9.510 and/or Section 9.570 of the Fairfield Municipal Code.

C.    Ministerial Action. An application for a collection container shall be processed as ministerial action (Zoning Clearance) in accordance with this section and this Zoning Ordinance. The Community Development Director or his designated staff person shall be the decision maker.

D.    Application Requirements. An application for Zoning Clearance shall be submitted in a letter form and shall include the following information:

1.    The signatures of the property owner and the operator of the Collection Container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

2.    A non-refundable application fee (Zoning Clearance) in an amount set by resolution of the City Council;

3.    The name, address, email, website (if available) and telephone number of the operator of the Collection Container and property owner on which the Collection Container is to be located, including 24-hour contact information;

4.    A vicinity map showing 1) the proposed location of the Collection Containers; and 2) the distance between the site and all existing Collection Containers within 1,000 feet of the proposed location for the collection containers;

5.    Photographs of the location and adjacent properties;

6.    A site plan containing:

a.    Location and dimensions of all parcel boundaries;

b.    Location of all buildings;

c.    Proposed Collection Container location;

d.    Distance between the Collection Container and all parcel boundaries and buildings; and

e.    Location and dimensions of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement and striping/marking.

7.    Elevations showing the appearance, materials, and dimensions of the collection container, including the information required in this section to be placed on the Collection Container and notice sign;

8.    A description and/or diagram of the proposed locking mechanism of the Collection Container;

9.    A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the Collection Container); and

10.    Any other information regarding time, place, and manner of the Collection Container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this section.

E.    Permit (Zoning Clearance) Expiration and Renewal. A permit (Zoning Clearance) issued under this section shall expire and become null and void annually on the anniversary of its date of issuance, unless renewed prior to its expiration. An application in letter form for renewal must be submitted prior to the expiration of the permit and shall include:

1.    The signatures of the property owner and the operator of the Collection Container, acknowledging that they will be equally responsible for compliance with all applicable laws and conditions related to the collection containers for which they are seeking approval;

2.    A non-refundable application fee (Zoning Clearance) in an amount set by resolution of the City Council;

3.    Photographs of the location and adjacent properties taken within ten days of the submittal of the renewal application;

4.    A detailed description of any information that is different from the information submitted on the previous application; and

5.    Any other information regarding time, place, and manner of the Collection Container’s operation, placement, and maintenance that is reasonably necessary to evaluate the proposal’s consistency with the requirements of this section.

F.    Decision on Application.

1.    The Community Development Director shall approve or deny an application within 10 (ten) working days of the receipt of a completed application. If the Community Development Director fails to take action on the application within the required period, the application shall be deemed approved.

2.    The Community Development Director shall approve the application if all of the following are true, otherwise the Director may deny the application:

a.    The applicant has submitted a complete, fully executed and accurate application accompanied by the applicable fee;

b.    The property on which the Collection Container is to be located has been free of graffiti (as defined in Section 53069 (e) of California Government Code or any successor statute) for at least six (6) months prior to the submission of the application;

c.    The property on which the Collection Container is to be located has been free of any condition constituting a public nuisance (as defined in Section 27.401 of this Code) for at least six (6) months prior to submission of the application;

d.    The application will be in compliance with all of the applicable provisions of this section.

3.    The Community Development Director shall mail written notice to the applicant and the property owner of the Director’s decision by First Class United States mail, addressed to the applicant at the address provided on the application. If the application is denied, the notice shall set forth the reasons for the denial, as well as the facts supporting the Director’s reasons.

4.    The decision of the Community Development Director shall be final, and not subject to administrative appeal.

G.    Revocation.

1.    The Community Development Director may revoke a permit (Zoning Clearance) issued under this section. The following shall constitute grounds for revocation of a permit:

a.    Any of the grounds upon which the Director may refuse to issue an initial permit or renewal permit.

b.    The failure of the permittee to comply with the provisions of this section, or other provision of this Code or other law.

c.    A determination by any governmental authority or agency that the Collection Container has violated the California Consumer Protection Act or the Charitable Organizations and Solicitations Act.

2.    The Community Development Director shall provide a written notification to the permittee and the property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten (10) calendar days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Director. Any permitee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

3.    Upon permit revocation, the permittee shall remove or cause to be removed the Collection Container from the real property within ten (10) calendar days. If not removed within the time period, the City may remove, store, or dispose of the Collection Container at the expense of the operator and real property owner. The operator and real property owner shall be jointly and severally liable for all costs associated with removal incurred by the City or the City’s contractor. The City may pursue costs pursuant to Section 27.703 of this Code.

4.    Any person aggrieved by the decision rendered by the Director in revoking a permit issued under this section may appeal the decision to the Planning Commission. The appeal shall be made by filing a written notice thereof with the Community Development Department setting forth the grounds for the appeal not later than ten (10) calendar days after receiving notice of the Director’s decision. The Planning Commission may grant relief if the applicant presents clear and convincing evidence that there was an error in the Director’s decision.

H.    Location of Containers.

1.    No Collection Container shall be located within 1,000 feet of any other Collection Container.

2.    Collection Containers shall be located only in the CS and IL Zoning Districts.

3.    No Collection Container shall be located within three-hundred (300) feet of a residentially zoned parcel.

4.    No Collection Container shall be located on or within: a) the public right-of-way (including sidewalks); b) area designated for landscaping;

5.    No Collection Container shall be located in, block, or impede access to any required parking or driveway areas, pedestrian routes, emergency vehicle routes, building ingress and egress, required disabled access routes, required easements, trash enclosure areas access to trash bins or trash enclosures, or any place that would impede the functioning of exhaust, ventilation, or fire extinguishing systems.

6.    No more than one Collection Container shall be located on any parcel.

I.    Physical Attributes.

1.    All Collection Containers shall:

a.    Be fabricated of durable and waterproof materials;

b.    Be placed on ground that is paved with durable concrete or asphalt;

c.    Have a tamper-resistant locking mechanism for all collection openings;

d.    Not be electrically or hydraulically powered or otherwise mechanized;

e.    Not be considered a fixture of the site or an improvement to real property.

2.    A Collection Container shall be no taller than seven feet above the finished grade of the parcel on which it is located.

3.    The following information shall be conspicuously displayed in at least two-inch type that is visible from the front of the Collection Container:

a.    The name, address, 24-hour telephone number, and, if available, the Internet Web address, and email address of the operator of the Collection Container and the agent for the property owner;

b.    The type of material that may be deposited; and

c.    A notice stating that no material shall be left outside the Collection Container.

J.    Maintenance and Operation.

1.    No overflow of collection items shall be allowed to accumulate within sight of any Collection Container.

2.    Collection Containers shall be maintained and in good working order, and free from graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.

3.    Collection Containers shall be serviced not less than weekly between 7:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends. This servicing includes maintenance of the container, the removal of collected material and abatement of any graffiti, litter, or nuisance condition as defined in section 27.401 of this Code.

4.    The operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints.

5.    Any conditions that are in violation of this section must be remedied or abated within forty-eight (48) hours of being reported to the operator or property owner.

6.    Collection Containers cannot be used for the collection of solid waste and/or any hazardous materials.

7.    Collection Container operators shall report all tonnage collected within city limits on an annual basis by June 1st to the Public Works Department pursuant to the requirements of the Integrated Waste Management Act (AB 939, Chapter 1095, Statutes of 1989) and the Per Capita Disposal Measurement Act of 2008 (Chapter 343, Statutes of 2008 and SB 1016) and any related successor laws or regulations in order to properly account for the City’s waste diversion and recycling efforts.

8.    The operator shall maintain a valid City of Fairfield Business License as required under Chapter 10B of the Fairfield Municipal Code. (Ord. No. 2017-06, § 3.)

25.32.8 Temporary Land Uses and Events

This Section identifies permit requirements and time limits for temporary uses. Uses either not identified by this section or proposed for longer time periods than allowed by this section shall be considered permanent land uses. This Section does not regulate parades, athletic events, and other special events, which are instead addressed by Chapter 12A of the City Code.

A.    General requirements. Temporary uses shall demonstrate compliance with the following regulations prior to approval:

1.    Parking. No temporary land use or event shall displace required parking. Off-street parking shall be maintained at the number of spaces required for all on-site uses. The Department shall have the authority to limit the area occupied by any temporary use to ensure that this requirement is satisfied.

2.    Access. Traffic control measures shall be determined by the approval authority as part of the approval and shall be adequate to maintain adequate on-site circulation.

3.    Traffic safety visibility area. To ensure that the lot display area is located to maintain safe pedestrian and vehicle sight clearance at all intersections, no trailer, temporary building, stand, or other similar structure (including a tent) shall be located outside the triangle formed by the curb line intersection and any point 100 feet from such an intersection.

4.    Tracking of mud, dirt, and other materials. Dirt, mud, or other materials tracked onto any adjoining public right-of-way by vehicles exiting temporary uses shall be cleaned at the end of each business day.

5.    Signs. No more than two banners totaling 32 square feet each shall be permitted in association with any temporary land use or event. Banners shall only be visible on the dates during which the City has permitted the event to occur and shall be placed on-site within 50 feet of the goods being sold as part of the temporary event. No banner shall be placed within the public right-of-way.

B.    Permit requirements. An application for Minor Discretionary Review shall be submitted to the Department prior to the establishment of any temporary use, unless a Conditional Use Permit is specifically required below. All applications shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

C.    Temporary events. The following temporary events shall comply with their respective requirements:

1.    Repealed by Ord. 2013-25, § 5.

2.    Christmas tree and pumpkin lots. Christmas tree and pumpkin lots shall be permitted on any property in a commercial zoning district for a maximum of 30 consecutive days per calendar year. The applicant shall provide the City with a refundable deposit or other form of surety acceptable to the Director to ensure that lots are left free of trash or debris.

3.    Promotional outdoor retail sales. Promotional outdoor sales may be permitted on developed properties in compliance with the following requirements:

a.    Duration and frequency. Outdoor retail sales shall be limited to the following durations:

1).    Any establishment in a non-residential zoning district holding a City Business License, or any business association, shall be eligible to sell merchandise outdoors, subject to the following regulations:

a.    The sale need not occur on the same property as the business, but shall occur only in a non-residential zoning district and only with the permission of property owner.

b.    The maximum number of sale days on any single property for new merchandise shall not exceed 16 days per calendar year (these days need not be consecutive). Sale days held by off-site businesses shall count toward the maximum 16 sale days allotted to the property on which the sale is being held. For the purpose of this section, a temporary sale of “new merchandise” shall mean any sale where more than 50 percent of the value of the offered items has not been previously owned.

c.    The maximum number of sale days on any single property for used merchandise shall not exceed eight days per calendar year (these days need not be consecutive). Sale days held by off-site businesses shall count toward the maximum eight sale days allotted to the property on which the sale is being held. For the purpose of this section, a temporary sale of “used merchandise” shall mean any sale where more than 50 percent of the value of offered items has been previously owned.

2).    In addition to the event duration and frequency allowed in this section, merchants in the HD or HDC zone districts may conduct on-site outdoor sales of general merchandise during downtown special events as defined in Chapter 12A3 of the City Code.

b.    Exceptions. The Director may, under circumstances such as accidents or disasters, authorize an additional event where it may be necessary to clear merchandise from a damaged building. Nothing in this subsection shall be construed to require the City to grant permission for such a sale.

4.    Promotional outdoor events for nonprofit organizations. In addition to the promotional outdoor sales described in the previous section, promotional outdoor sales events for non-profit organizations may occur on developed commercially zoned properties up to 28 days per year. A representative from the non-profit organization shall be the applicant. No less than five percent of the gross sales receipts generated by any outdoor sales event shall be donated to the non-profit organization identified on the application. The Director is hereby authorized to require verification, in any manner he or she deems acceptable, that such a donation has occurred.

5.    Deposit required. Each applicant for a promotional outdoor retail sales event shall post a $2,000 cashiers check with the City to offset any costs incurred by the City in removing illegal signs or otherwise conducting code enforcement associated with the sales event. The City shall return any unused portion of the amount specified above upon the sale termination.

6.    Authority to deny application. The Director of Community Development is hereby authorized to deny the application for any temporary sales event by persons or organizations to whom the City has previously issued a citation for violation of any part of this section.

D.    Temporary Use of Trailers or Other Structures. This Section provides regulations for the short-term non-residential use of trailers or other structures, said use typically associated with the displacement of businesses during renovation, equipment installation, or relocation. The purpose of these regulations is to accommodate short-term occupancies for defined time periods where a clear and legitimate need has been demonstrated and adverse visual and operational impacts will not result. On-site construction trailers are not subject to this Section but shall instead comply with Section 5.2 (m) of the City Code.

1.    Duration and permit requirements. Occupancy of a temporary trailer or other structure may occur for up to two years. A Conditional Use Permit shall be required for any temporary occupancy proposed to be in place longer than 180 days. The Conditional Use Permit shall specify the approved duration for each occupancy. No time extension beyond the two-year maximum shall be allowed. The temporary occupancy of the structure must cease, or the trailer must be removed at the end of the time period established in the Conditional Use Permit.

2.    Design requirements. No temporary trailer may be placed on a foundation or used for residential occupancy. All temporary trailers shall comply with the following minimum design requirements:

a.    Trailers proposed for 180 days or less. Trailers proposed to be in place 180 days or less shall meet the following minimum requirements:

1.    The trailer shall be located out of public view to the maximum extent possible.

2.    Where the trailer is visible from public streets, adjacent buildings, and adjacent land uses, it shall be screened with perimeter landscaping.

3.    The trailer shall incorporate skirting along all its visible sides. The Director may require that the trailer be painted to match other buildings on the same property if he or she determines that painting is necessary to avoid adverse visual impacts.

b.    Trailers proposed for more than 180 days. Trailers proposed for more than 180 days shall comply with the following requirements in addition to the requirements identified in (a) above:

1.    A trailer design visible from public view shall incorporate a raised parapet, mansard, or pitched roof.

2.    The trailer shall include an entry feature such as a porch or trellis.

3.    The trailer shall be sided with decorative horizontal siding material such as ship-lapped wood or vinyl.

4.    All mechanical equipment shall be screened.

3.    Surety requirement. The applicant shall provide the City with a cash deposit equal to 125 percent of the cost of removing the trailer. In the event the City undertakes removal of the trailer, the applicant shall pay all removal expenses incurred by the City, including, but not limited to, removal, transportation, storage, and staff time

E.    Temporary surface mining. Mining, excavation, and/or the removal of minerals or other natural materials (e.g., building and construction materials) to be used for commercial purposes may be allowed for a limited period in all non-residential zoning districts subject to Conditional Use Permit approval. In residential zoning districts surface mining may be allowed on any property that is at least five acres subject to Conditional Use Permit approval. (Ord. No. 2013-25, § 5; Ord. No. 2018-06, § 5.)

25.32.9 Outdoor Seating, Storage, and Merchandise Display

This Section establishes regulations for outdoor seating, storage, and merchandise display. The intent of this Section is to limit these uses to situations where there is no feasible alternative.

A.    Applicability. This Section shall not apply to the following:

1.    Outdoor temporary uses, which are instead addressed by Section 25.32.8 (Temporary Uses and Events).

2.    Sales or displays of merchandise by a group of merchants with a special event permit issued pursuant to Chapter 12A.12 of the City Code.

B.    Permit requirements. An application for Minor Discretionary Review shall be submitted to the Department prior to the establishment of any outdoor seating, storage, or merchandise display, unless a Conditional Use Permit is specifically required below or by any other part of this Ordinance. All applications shall be filed and processed in compliance with Section 25.41 (Application Filing, Processing, and Approval).

C.    Outdoor merchandise display. Unscreened outdoor merchandise display shall comply with the regulations of this Section. This Section shall also not apply to storage and display within an area screened pursuant to Section 25.32.9(E) below, nor shall this Section apply to the outdoor display of automobiles, trucks, machinery, or recreational vehicles lawfully displayed as part of an automobile, truck, machinery, or recreational vehicle dealership.

1.    Products allowed. No item shall be displayed except those lawfully displayed and sold inside the building on the property.

2.    Location. Merchandise displays shall observe the following regulations:

a.    No display shall occur on any public sidewalk or public right-of-way.

b.    All items displayed shall be located within 50 feet of the entrance(s) to the business associated with the display.

c.    No display shall occur in any landscape area, occupy any parking space, or interfere within on-site vehicle or pedestrian circulation. A four-foot wide pedestrian walkway shall be maintained at all time to comply with the standards established by the Americans with Disabilities Act.

3.    Area and height limit. The aggregate display area shall not exceed 25 percent of the linear frontage of the store front or 10 linear feet, whichever is greater. No outdoor display shall exceed six feet in height.

4.    Display hours. Items shall be displayed only during the hours that the establishment conducting the display is open to the public. Live plant material shall be exempt from this requirement.

5.    Vehicle Dealerships. Businesses may sell automobiles, trucks, campers, trailers, boats, and other similar large vehicles when on asphalt or Portland cement pavement, or other comparable surface that provides a durable dustless surface. All vehicle dealerships shall provide a minimum ten-foot-deep landscaped strip between the parking area, any driveways or display area, and the sidewalk.

6.    Outdoor sale and display of vehicles not associated with an approved car dealer. No vehicle shall be displayed for sale for longer than eight hours or sold on any commercially zoned property by any party except as part of an approved automobile dealership or a temporary promotional retail sale as outlined in this Section 25.32.8.

D.    Outdoor seating. Outdoor seating shall be permitted in conjunction with any restaurant or bar subject to the following regulations:

1.    Parking. When the number of outdoor seats is 25 percent or more of the indoor seats, additional parking spaces shall be required in compliance with Section 25.34 (Parking and Loading). This requirement shall not apply in any Parking Overlay district.

2.    Seating area maintenance. The seating area shall be cleaned at the conclusion of each business day.

3.    Seating in the HD, HDC, HO, HTD, or HWT zoning district. Seating in the HD, HDC, HO, HTD, and HWT zoning districts shall comply with the following regulations:

a.    Location. Seating shall be located on a sidewalk directly in front of the restaurant or store or within an alcove or designated pergola area, and shall not intrude across neighboring storefronts, unless written authorization from adjacent merchants is provided to the Department.

b.    Pedestrian clearance. A minimum four-foot clearance for pedestrian circulation shall be maintained between either the seating area and any building wall, or the seating area and any curb.

c.    Encroachment permit. An encroachment permit shall be required prior to the establishment of any outdoor seating within a public right-of-way.

E.    Outdoor storage. Any outdoor storage shall be subject to review and approval by the Community Development Department. Outdoor storage areas shall meet the applicable required landscape setback identified by this Ordinance and shall be screened as follows:

1.    General requirement by zoning district.

a.    Industrial. In any industrial zoning district, all outdoor storage areas shall be screened from any public right-of-way or adjacent residential land use by a solid wall at least six feet in height. A chain-link fence with slats is permitted where required screening is more than 250 feet from any public right-of-way or adjacent residential land use.

b.    All other non-residential zones. In any other zone where allowed, all storage areas shall be screened from public view on all sides, including all public rights-of-way and any adjacent properties by a decorative masonry or concrete wall or approved equal of at least six feet in height. All gates shall be of solid view-obstructing metal or other durable and sturdy materials acceptable to the Department.

c.    Storage of construction materials. Building materials storage for use in construction on the same premises may be stored on the site only during the time that a valid building permit is in effect for construction.

2.    Screening wall location requirements. Any screening wall required by this Section shall be placed in compliance with the regulations in Section 25.30.2 (Fences, Walls, and Hedges).

3.    Design. Any screen wall required by this Section shall be architecturally compatible with buildings on the site. If the wall faces a public street, a high quality design that incorporates design features from buildings on the site shall be required. (Ord. No. 2011-03, § 2; Ord. No. 2018-06, § 6.)

25.32.10 Vendor Carts

This Section establishes regulations for non-motorized vendor carts, which are small, light-weight, and often mounted on a single axle (two-wheeled) chassis. These regulations shall not apply to motorized vehicles where the operator serves patrons from within the vehicle, which are instead subject to the requirements of Chapter 5B of the City Code. Vendor carts are permitted on developed private property in all commercial and industrial districts with the written consent of the property owner, subject to the following requirements:

A.    Size. No cart shall exceed 48 inches in width (excluding wheels or wheel wells), six feet in length (excluding push handles or trailer tongue), and seven feet in height. The Director is authorized to grant minor deviations from these size requirements if the deviation is consistent with overall intent of this section.

B.    Location. Vendor carts shall be placed only on properties with a legally operating permanent retail business and shall comply with the following location criteria:

a.    The cart shall be located near the principal entrance of the building or business, and shall not be located within any required front or street side yard setback.

b.    The cart shall not block or displace any required parking for permanent on-site businesses; and

c.    The cart shall not interfere with vehicular and pedestrian movement or visibility, block required sight distances, or damage landscaped areas.

C.    Storage. The vendor shall remove the cart from the site, or store the cart indoors and out of public view at the end of each business day.

D.    Trash receptacles. The vendor shall provide receptacles for litter associated with the sales activity. The vendor shall leave the site in a clean state at the end of each business day.

E.    Additional permits. The vendor shall obtain all necessary permits, licenses, and inspections prior to conducting any business as may be required by the City, County, or State.

25.32.11 Wind Energy Conversion Systems

All Wind Energy Conversion Systems (WECS) shall be subject to the following requirements:

A.    Setbacks. All WECS shall comply with the following setbacks:

Table 25-16: Setbacks for Wind Energy Conversion Systems

All figures are minimum

Rotation Axis

 

Horizontal

Vertical

Setbacks

 

 

    ... downwind property lines

5x rotor diameter

1.25x tower height

    ... all other property lines

2.5 rotor diameter

1.25x tower height

    ... from above-ground utilities

1.5 x rotor diameter

1.25x tower height

    ... from other structures

10 feet

    Rotor to ground clearance

15 feet

NOTE: For purposes of measuring the setback requirements established in Table 25-16, 1/2 of the width of any abutting creeks, irrigation channels, permanent drainage canals or street rights-of-way which are in a public ownership may be counted towards meeting the required setbacks.

B.    Ladders. The base of tower ladder(s) or other climbing apparatus shall be a minimum of 12 feet above the ground.

C.    Guy Wires. As a part of the installation, all WECS that use guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.

D.    Noise. Any application for installation of a WECS shall be accompanied by data from the manufacturer or a competent acoustical consultant that documents the noise levels associated with its operation. No WECS shall be approved unless the noise levels comply with the appropriate policies of the Health and Safety Element of the General Plan.

E.    Operation. A WECS shall be maintained in operational condition at all times. Should a WECS become inoperable, or should any part of the WECS be damaged, the owner or operator shall remedy the situation within 90 days. If the City determines that the WECS owner or operator has not taken the action required above, the City may require the repair or removal of the WECS.

25.32.12 Boarding Houses

All Boarding Houses, including facilities for single migrant farm workers, shall be subject to the following requirements:

1.    The exterior appearance shall be compatible with the surrounding neighborhood. There shall be no exterior signage indicating the use.

2.    All boarding houses shall meet applicable housing and building codes as to number of residents, bathroom and kitchen facilities, and utilities.

25.32.13 Convenience Markets with Alcoholic Beverage Sales

A.    General Requirements. Convenience markets with off-site alcoholic beverage sales shall meet the following requirements:

1.    Product types and packaging. The City may prohibit the separation of pre-packaged containers into single servings for sale or any alcoholic beverages in packages smaller than 5 ounces.

2.    Pay Telephones. All pay telephones shall be located inside the store, where store employees can monitor their use.

3.    Visibility into the store shall be maintained. The convenience market shall not have shelving systems, plywood, posters, advertising materials, or other opaque items adjacent to windows that collectively cover more than 20% of the surface area of the window or that block views into the store from the adjacent public street, sidewalk, or parking areas. Limited window advertising in compliance with the Fairfield Sign Ordinance may be approved at the discretion of the Director of Community Development

4.    Loitering. The convenience market operator shall enforce all loitering regulations.

5.    Hours of operation may be limited.

B.    Revocation of the Conditional Use Permit. The City may initiate Revocation of the Conditional Use Permit for violations including, but not limited to the following:

1.    Sales of alcoholic beverages to minors

2.    Arrests for prostitution; drug sales, possession, or consumption; or consumption of alcoholic beverages on the property.

3.    Public nuisances associated with the business and/or its customers. Public nuisance may include but are not limited to public drunkenness, public urination, excessive noise, harassment of passersby, off site litter attributable to the market, DUI arrests, open container violations, and other violations of law on the premises or associated with customers of the convenience market.

4.    Failure to enforce loitering regulations.

25.32.14 Condominium Conversions

All condominium conversions that involve the conversion of rental multifamily housing to condominiums, community apartments, or stock cooperatives shall require a Conditional Use Permit subject to the following requirements:

1.    Compliance with all requirements of the Fairfield Condominium Conversion Ordinance, Chapter 25, Article IV of the Fairfield City Code.

2.    The applicant must enter into a written agreement requiring at least ten percent (10%) of the total number of units be sold to and occupied by Moderate-Income Households and at least five percent (5%) of the total number of units be sold to and occupied by Low-Income Households (the “Affordable Units"). As outlined in subsection 6 below, the affordability of these units shall be preserved for at least forty-five (45) years. Fractional units shall be rounded up to the nearest whole number.

3.    A Moderate-Income Household is defined as a household whose aggregate income for all household members does not exceed one hundred twenty percent (120%) of the median income adjusted for household size for a household in Vallejo-Fairfield MSA, California, as published by the United States Department of Housing and Urban Development ("HUD"), while a Low-Income Household is defined as a household whose aggregate income for all household members does not exceed eighty percent (80%) of the median adjusted for household size. In the event that HUD has not updated such information in the past eighteen (18) months or has otherwise ceased to publish such information, then the City may use or develop such other reasonable methods as it may choose in order to determine the income, adjusted for household size, for Moderate-Income and Low-Income Households.

4.    The maximum sales price for each Affordable Unit shall be calculated by the Director of Community Development. The maximum sales price shall be the price at which the monthly cost of ownership does not exceed the Affordable Housing Cost, as defined in Health and Safety Code Section 50052.5 or any successor thereto for moderate- and low-income households, adjusted for family size appropriate for the unit. These maximum sales prices shall be provided to the applicant within thirty (30) days of receipt of a complete application (including a projection of monthly homeowners’ association dues) for conversion.

5.    The applicant shall pay all costs associated with qualifying eligible households for the initial purchase of the Affordable Units. The applicant shall preliminarily review eligibility of proposed purchasers. However, the City must provide final approval of all purchasers of an Affordable Unit.

6.    All Affordable Units shall be sold with a forty-five (45) year affordability covenant that restricts the sale of the unit to a low- or moderate-income buyer in accordance with Health and Safety Code Section 50052.5 or any successor thereto. Such covenants shall be prepared by the City Attorney, with reimbursement by the applicant.

7.    Alternatives to Dedication of Units and In-Lieu Fees

a.    At the sole discretion of the City, the Applicant may satisfy the requirements of this section by paying an In-Lieu Fee or providing another acceptable alternative. The In-Lieu Fee shall be equal to the difference between the current median market sales price of the dwelling unit with the largest number of bedrooms in the project and the maximum sales price of that same dwelling to a qualified moderate- or low-income buyer, as of the date of approval of the Use Permit.

b.    For projects with fewer than ten (10) total units, one moderate-income unit shall be provided. The In-Lieu Fee for the fractional low-income unit required may be calculated by multiplying the fraction by the In-Lieu Fee as calculated in Subsection 7.a. above.

8.    The Director of Community Development may impose additional conditions, as required by the circumstances.

25.32.15 Aquaculture.

All aquaculture facilities shall develop and implement an odor control program to reduce the emission of odors and eliminate impacts at property line to imperceptible levels, including during high wind periods. (Ord. No. 2009-15, § 2.)

25.32.16 Personal Care and Domestic Services - Limited.

Personal Care and Domestic Services - Limited shall comply with the following requirements:

1.    If the proposed personal care and domestic service business - limited use is located on a block with residential uses, the City may limit hours of operation.

2.    Lighting shall be designed and located so as to not interfere with adjoining residential or commercial uses.

3.    Business owners shall discourage unnecessary loitering outside business premises. (Ord. No. 2009-17, § 2.)

25.32.17 Cannabis Regulations.

A.    Purpose. In enacting this Section, it is the intent of the Fairfield City Council to protect the safety and welfare of the general public. Federal laws prohibit the possession, sale, and distribution of cannabis and the City Council finds that sanctioning commercial cannabis activities would be inconsistent with federal law. The purpose of this Section is to prohibit commercial cannabis activities, cannabis deliveries, and outdoor cannabis cultivation from occurring in the City, and to reasonably regulate indoor personal cultivation of cannabis consistent with State law.

B.    Definitions. For the purposes of this Section, the following definitions shall apply. All citations to State law shall refer to the act, statute, or regulation as may be amended from time to time.

    “Cannabis” means marijuana and all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medical, adult-use, or other purposes. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not include industrial hemp, as defined in Health and Safety Code section 11018.5.

    “Cannabis product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

    “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult-use, or any other purpose and includes the activities of any business licensed by the State or other government entity under the MAUCRSA, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Health and Safety Code section 11362.765.

    “Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.

    “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

    “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.

    “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the Business and Professions Code.

    “Fully enclosed and secure structure” means a space within a building, greenhouse or other structure that satisfies all of the following criteria: (i) has a complete roof enclosure supported by connecting walls extending from the ground to the roof; (ii) is secure against unauthorized entry; (iii) provides complete visual screening; (iv) is accessible only through one or more lockable doors; and (v) is inaccessible to minors.

    “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

    “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act codified in Division 10 of the Business and Professions Code.

    “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

    “Primary caregiver” shall have the same meaning as in Health and Safety Code section 11362.7(d).

    “Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence.

    “Qualified patient” means a person who is entitled to the protections of Health and Safety Code section 11362.5, but who does not have an identification card.

C.    Prohibitions.

1.    Commercial cannabis activity, whether or not for profit, is not a permitted use anywhere in the city. The city shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity. This Section is meant to prohibit all activities for which a State license is required pursuant to the MAUCRSA, or any other act or provision of law that licenses cannabis businesses.

2.    A property owner shall not rent, lease, or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the city.

3.    To the extent not already prohibited by Subsection 1 above, delivery of cannabis or cannabis products to or from any location in the city is expressly prohibited. No person shall conduct or perform any delivery of cannabis or cannabis product where the delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

4.    Outdoor cannabis cultivation is expressly prohibited in the city.

5.    Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except as specified in subsection E below.

D.    Exceptions.

1.    Nothing in this Section shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1.

2.    Nothing in this Section shall prohibit any commercial cannabis activity that the city is required by State law to permit within its jurisdiction pursuant to Business and Profession Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.

E.    Indoor Cannabis Cultivation. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis, except in strict compliance with the requirements set forth below:

1.    Only persons twenty-one (21) years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code sections 11362.1 and 11362.2.

2.    Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds at a private residence. Cultivation is permitted only within fully enclosed and secure structures.

3.    Cannabis cultivation shall be limited to six (6) plants total, whether immature or mature, regardless of how many individuals reside at the private residence.

4.    Cannabis cultivation, including any lighting, plumbing, or electrical components used for cultivation, shall comply with Chapter 5 (Building and Housing), Chapter 7 (Electricity), Chapter 8 (Fire Protection), and Chapter 22 (Water) of the City Code. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and Ozone generators for cannabis cultivation is prohibited. Any fully enclosed and secure structure or private residence used for cultivation must have proper ventilation and shall not create a humidity or mold problem in violation of the City Code or applicable state health and safety codes.

5.    Cannabis cultivation shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property.

6.    The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.

7.    Cannabis cultivation shall not displace required off street parking, or violate any other provisions of the City Code.

8.    Written consent of the property owner must be obtained prior to the commencement of cannabis cultivation.

F.    Permissive Zoning. Nothing in this Section shall be interpreted to the effect that the City’s permissive zoning scheme allows any other use not specifically listed therein.

G.    Enforcement. In addition to any other enforcement authorized under Chapter 1, Article II, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Section. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. Notwithstanding the above, no provision of this Section authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.1, et seq., or section 11362.71, et seq. In the event of any conflict between the penalties set forth in the City Code and the penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. No. 2016-02, § 5; Ord. No. 2016-03, § 4; Ord. No. 2016-19, § 2; Ord. No. 2017-02, § 1; Ord. No. 2017-19, § 1.)

25.32.18 Assisted Living Facilities.

A.    Definitions. For the purposes of this chapter, Assisted Living Facilities are a residential land use that provides individual dwelling units supplemented with limited nursing and other services available on site. Assisted living facilities typically have group facilities for dining and cooking, centralized food service, and can offer social programs and other group amenities.

B.    Development and design regulations. Assisted living facilities shall meet the multifamily standards in Tables 25-4 or 25-5 except the City of Fairfield may approve project-specific deviations from the following standards or in the following ways:

1.    Total project open space may be reduced in exchange for improved project amenities, design enhancements, and landscaping.

2.    The number and design of recreational amenities.

3.    Car wash facilities.

4.    Required storage space.

5.    Total parking spaces will be determined by the reviewing authority based on the specific population served by the facility.

6.    Project density and total number of units. (Ord. No. 2018-03, § 10.)