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Public hearing to consider a Consistency Determination (ALUC-18-15) for the proposed Benicia Donation Bin Ordinance with the Travis Air Force Base Land Use Compatibility Plan. (Sponsor: City of Benicia)
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RECOMMENDATION:
Determine that application ALUC-2018-15 (Benicia Donation Bin Ordinance) is consistent with the Travis Air Force Base Land Use Compatibility Plan (Sponsor: County of Solano).
DISCUSSION:
Introduction
The City of Benicia is proposing an ordinance amending its zoning regulations to establish regulations for donation bins. The City previously adopted an Urgency Ordinance banning the placement of donation bins within the City, pending the development of regulations for donation bins. Since the regulations modify the zoning regulations of the City, the ALUC is required to make a consistency determination with any applicable Airport Land Use Compatibility Plans.
Donation Bin Ordinance (See Attachment B)
The City of Benicia, in its staff report to the Planning Commission, summarizes the proposed action as follows:
“ EXECUTIVE SUMMARY:
The proposed zoning amendment establishes regulations for donation and collection bins. Donation and collection bins are typically used to accept non-perishable items such as clothing, shoes, glasses and books for charitable or recycling/resale purposes. The amendments would add a new Section to BMC 17.70 (General regulations) and modify BMC Section 17.16.080 (Accessory use classifications), and 17.28.020 (CC, CO, CG, and CW Districts - Land use regulations), Section 17.24.020 (RS, RM, RH Districts - Land use regulations), Section 17.28.020 (CC, CO, CG, and CW Districts - Land use regulations) and Section 17.36.020 (OS Open Space District - Land Use Regulations) to establish a ministerial zoning permit process that regulates the location, appearance and design, and maintenance of donation and collection bins.” (See Attachment D)
The ordinance defines a donation bin as:
“Donation and collection bin. An unstaffed drop off box, receptacle or other similar container used to accept donated clothing or other salvageable personal property, including but not limited to books, shoes, canned goods, and small household items to be used by the operator for distribution, resale, or recycling. “
The proposed regulations would limit donation bins to a maximum height of 6.75 feet and a footprint not exceeding 25 sq. ft. In addition, donation bins may not be located any closer than 1,000 feet to another donation bin.
ALUC Jurisdiction
The Donation Bin Ordinance is statutorily required to come before the ALUC for a consistency determination. These regulations apply to properties in various locations of the City of Benicia and thus are reviewed in light of the Travis Air Force Base Airport Land Use Compatibility PlanA Land Use Compatibility Plans (Travis Plan).
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 the Travis 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
Travis Plan Compatibility Factors
The City of Benicia lies wholly within Compatibility Zones D and E. The Compatibility Factors contained within these two zones address the height of various types of structures (wind turbines and meteorological towers, etc.) and the possibility of attracting wildlife into the vicinity of Travis AFB.
Consistency Analysis
Staff has reviewed the proposed Donation Bin Ordinance for consistency with the Travis Plan and the State mandated compatibility factors. Our analysis is presented below.
These topics are analyzed by means of a global compatibility analysis, as follows:
Global Compatibility Analysis
The ordinance being evaluated replaces an interim urgency ordinance which banned donation bins with a new permanent amendment to the City of Benicia Zoning Regulations. The proposed ordinance permits small, unmanned bins for the collection of donated items. The proposed donation bin ordinance does not modify any intensity or density standards for human occupancy, development standards for buildings or height regulations for buildings and structures other than the 6.75-foot-tall bins and does not alter any procedural elements of the current zoning regulations. As such, it can be seen with certainty that the proposed donation bin ordinance does not trigger any of the review elements for zoning ordinance compatibility review as enumerated above.
Additionally, the proposed donation bin ordinance does not alter any regulations pertaining to tall structures (over 100 feet in height) nor does it create habitat or other attractants for wildlife.
Considering the above discussion, staff is recommending a determination that the City of Benicia Donation Bin Ordinance is consistent with the Travis Plan.
Accordingly, 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-2018-15 (Benicia Donation Bin Ordinance) is consistent with the Travis Air Force Base Land Use Compatibility Plan (Sponsor: City of Benicia).
Attachments:
Attachment A: Resolution (To Be Distributed Under Separate Cover)
Attachment B: Donation Bin Ordinance
Attachment C: Travis Plan Context Map
Attachment D: Benicia PC Staff Report