Recommendations will next go to Planning Commission

The Historic Preservation Review Commission (HPRC) adopted a resolution to approve amendments to the Benicia Municipal Code (BMC) and Downtown Mixed Use Master Plan (DMUMP) related to Accessory Dwelling Unit (ADU) regulations at its Thursday meeting.

ADUs, also called secondary or in-law units, are additional units added on the same property as regular residential units. Currently, Benicia allows ADUs with the stipulation that they undergo a design review process for exterior changes to historic homes, the owner occupies either the unit or main dwelling, and one parking space is required, according to Principal Planner Suzanne Thorsen. However, changes have been made statewide to housing laws since the regulations were last updated.

“Now the city is only allowed to conduct ministerial review, which means we can’t do design review (or) require findings,” Thorsen said. “Basically, if you apply for an Accessory Dwelling Unit and you meet our zoning codes and building ordinances, we will issue you the permit.”

As a result, the city has eliminated the requirement for design review and parking in many places. Homeowners can convert a portion of the existing structure and must comply with building code but not zoning regulations. In historic districts, parking is not required for ADUs.

The goal of the zoning update is to bring the code to be aligned with state regulations, establish design standards, look at size limitations for ADUs and propose additional changes to the zoning ordinance.

Among the proposals are keeping the deed restriction where the owner must live in the main dwelling or ADU, adding a deed restriction where the primary dwelling and ADU must remain in the same ownership, i.e., one of the dwellings cannot be sold to another owner and prohibiting ADUs from being rented out for less than 30 days.

“A big factor for the state of California to change Accessory Dwelling Unit laws and create this streamlining is to create more housing,” Thorsen said. “If units are being rented out for tourism purposes for a week or a weekend or a couple of weeks, they’re not really providing housing.”

Among the proposed amendments are improving consistency between the Zoning Ordinance and DMUMP, eliminating separate permit and discretionary review requirements in compliance with state law and changing floor area standards. For example, throughout the city, the floor area of an attached ADU would not exceed 50 percent of the floor area of the primary dwelling or 1,200 square feet, whichever is less.

Other proposed amendments include requiring ADUs to be located on a permanent foundation, modifying the definition of “accessory structure” to eliminate nonresidential distinction and align language within the ADU use classification, modifying the definition to include junior ADUs, modifying height standards, clarifying language regarding exemptions and adding ADUs to the list of project types exempt from design review and establishing standards for vehicle parking surfaces.

Commissioner Steve McKee made a couple suggestions, including having windows be taller than they are wide and having connectors be 18 inches rather than the proposed 3 feet.

The HPRC voted 6-0— Commissioner Luis Delgado was absent—to approve the resolution. The proposed amendments will next be presented to the Planning Commission on June 14 for a recommendation, and a public hearing will be conducted by the City Council at a future date, where adoption of the amendments will be voted on.

In other matters, the HPRC further discussed design guidelines for balconies, awnings, galleries, canopies, vinyl windows and residential additions with construction firm Winter & Co., whose consultants had called in via GoToMeeting from Boulder, Colo.

The HPRC will next meet Thursday, June 28.

Sharing is caring!