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Public Hearing to consider a Consistency Determination (ALUC-18-05) for the proposed City of Benicia Accessory Dwelling Unit Ordinance with the Travis Air Force Base Airport Land Use Compatibility Plan. (Sponsor: County of Solano)
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RECOMMENDATION:
Determine that application ALUC-2018-05 (City of Benicia Accessory Dwelling Unit Ordinance) is consistent with the Travis Air Force Base Land Use Compatibility Plan.
DISCUSSION:
Introduction
On January 1, 2018, new state legislation went in to effect mandating certain minimum requirements for any local zoning regulations pertaining to accessory dwelling units. The legislation rendered invalid any local regulations if they were not in complete conformance with the new state rules for secondary dwellings. The legislation also imposed several restrictions and requirements which local government must meet in any local ordinance regulating secondary dwellings. The legislation does permit local agencies to adopt secondary dwelling unit regulations with different size limitations, providing the local ordinances comply with all of the state's other requirements.
The City of Benicia wishes to adopt local regulations for Accessory Dwelling Units (See Attachment A and B). The City has prepared an ordinance which includes the mandated restrictions and requirements imposed by the State as well as standards permitted by the state legislation. The City is seeking a consistency determination for these items from the Airport Land Use Commission as required by the State Aeronautics Act. The proposed ordinance amendments are summarized below:
Summary of ADU Ordinance (from the City of Benicia Staff Report Attachment C)
Accessory Dwelling Units BMC Section 17.70.060
* General Alignment. Improved consistency between the Zoning Ordinance and Downtown Mixed Use Master Plan including applicability, setbacks and separation requirements.
* Permits. Eliminated separate permit and discretionary review requirements in compli...
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