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ALUC-26-10 (City of Benicia-Title 17 Ordinance Amendment)
Determine that Application No. ALUC-26-10 (City of Benicia-Title 17 Zoning Ordinance Amendment), located within the Travis Air Force Base (TAFB) Land Use Compatibility Zones D and E, is consistent with the applicable TAFB Land Use Compatibility Plan.
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RECOMMENDATION:
Adopt a resolution determining Application No. ALUC-26-10 (City of Benicia-Title 17 Zoning Ordinance Amendment), located within the Travis Air Force Base (TAFB) Compatibility Zones D and E, is consistent with the TAFB Land Use Compatibility Plan.
DISCUSSION:
The City of Benicia (“Local Agency” or “City”) falls within Compatibility Zones D and E of the Travis Air Force Base Airport Land Use Compatibility Plan (“LUCP”). Pursuant to the Public Utilities Code (“PUC”) Section 21676(b), any local agency whose general plan includes areas within the planning boundary of an airport land use compatibility plan shall refer a proposed zoning ordinance or building regulation to the Airport Land Use Commission (“ALUC”) for review. The ALUC shall determine whether the proposal is consistent with the applicable adopted LUCP. Therefore, proposed zoning amendments must be reviewed by the Solano County ALUC.
The City of Benicia proposes amendments to Title 17 (Zoning) of the City of Benicia Municipal Code (“BMC”). The proposed zoning amendments would establish a use classification requiring a use permit for Data Centers in the Industrial Districts and set use-specific standards, including review authority, application standards, operational and design standards, annual report requirements, and supplemental findings.
In summary, the ordinance proposes:
1. Land Use Classification: Establishing a new land use classification for Data Centers in BMC Title 17 (Zoning), a classification subset under Industry, Technology. Currently, the subject land use is classified as Industrial, Technology, which is a permitted land use in all Industrial Districts. The zoning amendment would require a use permit for Data Centers in the Industrial Districts, specifically the IL, IG, IW, and IP districts under land use regulations section 17.32.020.
2. Review Authority: Requiring a public hearing before the Planning Commission or Development Services Director based on the facility’s size, energy capacity, or average annual water consumption.
3. Applications: Requiring evidence of water and electricity commitments from utility providers, and plans documenting measures for on-site energy production/storage, water conservation, measures to reduce thermal impacts, noise attenuation, and fire prevention and life safety, including hazard mitigation and emergency response.
4. Standards: Establishing standards that limit the scale and potential impacts, including a maximum design capacity of 20 megawatts; prohibition of internal combustion equipment; operational practices to reduce potable water consumption; and noise reduction measures for exterior cooling fans or equipment.
5. Annual Reports: Annual reports by the facility operator demonstrating compliance with the use permit conditions, water consumption, and electrical power consumption.
6. Findings of Approval: Creating three new findings for the reviewing authority to approve or conditionally approve a use permit, in addition to the existing findings for a use permit in section 17.104.
7. Modifications: Provisions that require data centers that exceed performance measures regarding size, energy capacity, water consumption, findings, or other conditions, that a new use permit would be required.
A copy of the proposed ordinance is included as Attachment C.
AIRPORT PLANNING CONTEXT & ANALYSIS
Zoning amendments must undergo review by the ALUC for consistency within the applicable LUCPs (State Aeronautics Act Section 21676). The proposed amendments would apply citywide, which are within Compatibility Zones D and E of the Travis AFB LUCP
Staff evaluated the City’s proposed zoning amendments against the applicable Compatibility Zone Criteria. The proposed zoning amendments are not expected to create flight hazards, including structural heights of objects, hazards related to bird attractions, electrical interference, glare, and other flight hazards.
Staff evaluated the City’s project under applicable Compatibility Zone Criteria, and the analysis is summarized in Attachment A.
Analysis Finding
Based upon staff review, the City’s proposed zoning amendments are consistent with the Travis AFB LUCP Compatibility Zones D and E.
Attachments
A - Travis AFB Land Use Compatibility Zones Criteria
B - Compatibility Zone Map
C - City of Benicia Staff Report and (Exhibit A: Proposed Ordinance No. 26-__)
D - ALUC Resolution