After receiving hearings from the Planning Commission and Historic Preservation Review Commission, an ordinance to amend the Benicia Municipal Code in regards to Accessory Dwelling Unit (ADU) regulations will go before the Benicia City Council for a vote Tuesday.

An ADU, also known as an in-law unit, is a room or a set of rooms within a single-family home that has been configured to be utilized as a separate dwelling unit and has been established by a permit. According to a staff report by Community Development Director Shawna Brekke-Read, California has amended housing law over the last two years to streamline the permitting process for new ADUs. Among the changes are requiring local agencies to allow ADUs on all residentially zoned lots without discretionary review, simplifying processes and establishing exemptions for parking.

“The changes reflect the California State Legislature’s finding that ADUs are needed to increase California’s housing supply and provide additional rental stock and housing for family members, students, the elderly, in-home health care providers, people with disabilities and others at below market prices within existing neighborhoods,” Brekke-Read wrote.

Benicia’s zoning regulations for ADUs were last amended in 2007. As a result, Brekke-Read noted, the city needs to update its zoning regulations to comply with state law. Among the elements the city needs to address are a ministerial review process for all ADUs— including those in historic districts—, a streamlined permitting process for a conversion of existing structures to ADUs, and parking exemptions for units within half a mile of public transit, within a converted structure or within a historic district.

“In addition to State requirements, the Planning Commission and Historic Preservation Review Commission recommend proposed amendments that would facilitate the development of ADUs while ensuring the character of Benicia’s neighborhoods is preserved,” Brekke-Read wrote.

Additionally, the two commissions recommended changes to the zoning ordinance to clarify setbacks for accessory structures as well as a universal citywide approach to parking.

“Since cities cannot require parking for ADUs located within 1⁄2 mile of transit, within a converted structure, or within a historic district, the City can only require parking for about 250 parcels in Southhampton subdivision,” Brekke-Read wrote. “As stated in the Planning Commission’s June 14, 2018 staff report, the Planning Commission stated a preference to have a consistent citywide parking standard.”

Staff is recommending the council move to introduce an ordinance regulating ADUs and making additional amendments to the Municipal Code. If approved, the ordinance will come back to the council for a second reading at the Sept. 18 meeting. The amendments would go into effect 30 days after the second reading. The council also has the options to provide alternate direction to staff or deny the proposed amendments altogether.

In other business, the council will also be voting to accept a $15,000 grant from the California Fire Foundation and adopt a resolution opposing Proposition 6, a general election ballot initiative which aims to repeal Senate Bill 1, also known as the Road Repair and Accountability Act of 2018.

The council will meet at 7 p.m. Tuesday, Sept. 4 in the Council Chambers at City Hall, located at 250 East L St. A closed session will precede the meeting at 6 p.m. to discuss legal matters. A live stream of the council meeting can also be found online at ci.benicia.ca.us/agendas.

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