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Conduct a Public Hearing to consider a Consistency Determination ALUC-2019-19 for the proposed amendments to the Benicia Municipal Code pertaining to Accessory Dwelling Units and related matters with the Travis Air Force Base Land Use Compatibility Plan (Sponsor: City of Benicia). (Planner: Jim Leland)
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Published Notice Required? Yes ___ No _ _
Public Hearing Required? Yes ___ No _ _
RECOMMENDATION:
Determine that application ALUC-2019-19 (City of Benicia ADU Ordinance) is consistent with the Travis AFB Land Use Compatibility Plan (Travis Plan).
DISCUSSION:
Introduction
History
On July 12, 2018, the Solano County Airport Land Use Commission conducted a public hearing to consider consistency determination ALUC-18-05, an ordinance of the City of Benicia permitting accessory dwelling units within the Benicia city limits. The Commission concluded that the proposed ordinance was consistent with the Travis AFB Land Use Compatibility Plan (Travis Plan).
The City has submitted a new application to amend the accessory dwelling unit regulations to bring them into consistency with recent state legislation. (See Attachments A, Attachment A1: Markup of proposed changes to existing regulations)
Current Request
Since the City’s adoption of ADU regulations in 2019, state law has been amended to modify existing rules and add new provisions regulating accessory dwelling units. However, upon adoption of these regulations in January 2019, the City Council directed staff to consider future revisions to address concerns including:
1. The quality of living space above ground floor garage (e.g., dormer requirements, allowed height)
2. Allowed lot coverage
3. Setbacks
4. Other comments from architects on the adopted regulations
As a result, the City has drafted a proposed ordinance revision which would bring the City’s regulations into compliance with the new laws which went into effect on January 1, 2020.
The proposed project is an amendment to the Benicia Municipal Code (BMC) regulations for:
1. Accessory Dwelling Units (Section 17.70.060) ,and
2. Additional associated amendments to Definitions (Chapter 17.16), and
3. Design Review (Chapter 17.108).
The amendments would bring the City of Benicia into compliance with recent changes to State statute which became effective on January 1, 2020. The amendments would additionally clarify procedures, modify height standards and setback standards, and revise objective design standards for ADUs.
Required Tests for Consistency
ALUC Review Requirements
State law, under Section 21661.5 of the Public Utilities Code, requires that any proposed zoning regulations or revisions to the local zoning ordinance be reviewed for consistency with adopted airport land use compatibility plans.
The ALUC is concerned with those aspects of the proposed zoning changes which have the potential to be incompatible with of the Travis Air Force Base Land Use Compatibility Plan.
California Airport Land Use Planning Handbook
The State Department of Aeronautics has published the California Airport Land Use Planning Handbook as a guide for Airport Land Use Commissions in the preparation and implementation of Land Use Compatibility Plans and Procedure Documents. Section 6.4.2 sets forth procedures for the review of local zoning ordinances and directs agencies to consider the topics listed in Table 5A, as follows:
Zoning or Other Policy Documents (from Table 5A, CalTRANS Airport Land Use Planning Handbook)
The Handbook lists the following topics for consideration when reviewing zoning or other policy documents.
• Intensity Limitations on Nonresidential Uses
• Identification of Prohibited Uses
• Open Land Requirements
• Infill Development
• Height Limitations and Other Hazards to Flight
• Buyer Awareness Measures
• Non-conforming Uses and Reconstruction
Staff has reviewed the City of Benicia ADU Ordinance in light of the tests outlined above as well as the specific compatibility factors applicable to lands within the City of Benicia. Our analysis is presented below.
ALUC Context
The City of Benicia ADU Ordinance applies to properties which lie within the area of influence of the Travis AFB Land Use Compatibility Plan (Travis Plan), more particularly within Compatibility Zone D (See Attachments B, C and D).
Travis Air Force Base Land Use Compatibility Plan
The requirements for Compatibility Zone D are limited to the following compatibility factors:
• Intensity Limitations
• Identification of Prohibited Uses
• Open Land Requirements
• Infill Development
• Height Limitations and Other Hazards to Flight
o ALUC review required for objects > 200 feet AGL
o All proposed wind turbines must meet line-of-sight criteria in Policy 3.3.4
o All new or expanded commercial-scale solar facilities must conduct an SGHAT glint and glare study for ALUC review
o All new or expanded meteorological towers > 200 feet AGL, whether temporary or permanent, require ALUC review
o Areas within the Bird Strike Hazard Zone must prepare a WHA and incorporate all feasible mitigation measures.
o Outside of the Bird Strike Hazard Zone but within the Outer Perimeter, any new or expanded land use that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a WHA.
• Buyer Awareness Measures
• Non-conforming Uses and Reconstruction
Staff has reviewed the proposed City of Benicia ADU Ordinance for consistency with the applicable land use compatibility plans and our analysis is presented below.
Analysis
Intensity Limitations on Nonresidential Uses
Within Compatibility Zone D, there are no limitations on intensity for non-residential land uses and as a result the minor changes to the City of Benicia ADU Ordinance are consistent with this provision.
Identification of Prohibited Uses
There are no prohibited uses within Compatibility Zone D. Therefore, the minor changes to City of Benicia ADU Ordinance are consistent with this provision.
Open Land Requirements
Compatibility Zone D has no open land requirements for development. As a result, the minor changes to the City of Benicia ADU Ordinance are consistent with this requirement.
Infill Development
This project is not a part of an infill development. No further consideration is required for this criterion.
Height Limitations and Other Hazards to Flight
The “Height Limitations” and “Other Development Conditions” listed in Compatibility Zone D are as follows:
1. ALUC review required for objects > 200 feet AGL
2. All proposed wind turbines in excess of 100 feet in height must meet line-of-sight criteria in Policy 3.4.4
3. All new or expanded commercial-scale solar facilities must conduct an SGHAT glint and glare study for ALUC review
4. All new or expanded meteorological towers > 200 feet AGL, whether temporary or permanent, require ALUC review
5. For areas within the Bird Strike Hazard Zone, reviewing agencies shall prepare a WHA for discretionary projects that have the potential to attract wildlife that could cause bird strikes. Based on the findings of the WHA, all reasonably feasible mitigation measures must be incorporated into the planned land use.
6. For areas outside of the Bird Strike Hazard Zone but within the Outer Perimeter, any new or expanded land use involving discretionary review that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a WHA.
None of the hazards listed above are associated with the lawful use of the property for cannabis business purposes for reasons discussed in the following sections.
1 & 4. Height Review for Objects Greater than 200 Feet in Height
The minor changes to the City of Benicia ADU Ordinance do not permit any structures taller than 50 feet, so ALUC review of this item is not required.
2. Wind Turbines in Excess of 100 Feet in Height
The minor changes to the City of Benicia ADU Ordinance do not permit any structures taller than 50 feet, so ALUC review of this item is not required.
3. Commercial Scale Solar Projects
The proposed ordinance does not change any provisions pertaining to commercial scale solar projects. As such, the minor changes the City of Benicia ADU Ordinance are consistent with this provision.
5 & 6 Projects within the Bird Strike Hazard Zone or the Outer Perimeter Area
The zoning ordinance applies to properties which lie outside of the Bird Strike Hazard Zone and the Outer Perimeter Area. As a result, the minor changes the City of Benicia ADU Ordinance are not subject to the bird strike requirements within the Travis Plan.
Buyer Awareness Measures
The proposed project lies within Compatibility Zone D and outside of any noise contours of concern. As a result, Buyer Awareness Measures are not required by the Travis Plan.
Non-conforming Uses and Reconstruction
The project is a change in zoning rules and does not propose any construction therefore does not trigger any non-conforming use or reconstruction issues.
In light of the above discussion, staff is recommending a consistency finding between the City of Benicia ADU Ordinance and the Travis Plan.
Recommendation
Based on the analysis and discussions above, staff recommends that the Solano County Airport Land Use Commission find as follows:
Determination: Determine that application ALUC-2019-19 (City of Benicia ADU Ordinance) is consistent with the Travis AFB Land Use Compatibility Plan (Travis Plan).
Attachments:
Attachment A: Application
Attachment A1 Markup of proposed changes to existing regulations
Attachment B: Vicinity Map
Attachment C: Aerial Photo
Attachment D: Travis Context Map
Attachment E: Historic Preservation Review Commission Staff Report
Attachment F: Markup of Proposed Changes to the ADU Ordinance
Attachment G: DRAFT Resolution