Following approval by the Historic Preservation Review Commission at its May 24 meeting, the Planning Commission will be the next governmental body to take up the issue of Accessory Dwelling Units (ADUs) at its Thursday meeting.

ADUs, also called secondary or in-law units, are additional units added on the same property as regular residential units. In 2016, California passed legislation revising how cities and counties can regulate ADUs, according to a staff report. The changes went into effect in 2017 and aim to streamline the permit process to build new ADUs or convert existing structures into ADUs.
Changes include regulations regarding size, building conversions, required parking spaces and locations thereof, fire sprinklers and water and sewer connection fees. At the start of 2018, new regulations took effect to clarify state regulations, such as requiring ADUs to be allowed in all zoning districts that allow single-family uses and reducing parking requirements.

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, Principal Planner Suzanne Thorsen said at the last HPRC meeting. However, due to statewide changes, the city has put forth amendments to the zoning code to bring Benicia into alignment with state law. Among the changes:

* Only one ADU per lot may be permitted in single family and multiple family residential districts as well as on lots that contain single-family dwellings already in place.

* ADUs must be approved through a ministerial process that meets the city’s objective standards.

* Local jurisdictions need to approve applications to create ADUs in single-family residential areas if the units are contained in existing residences or accessory structures.

* The city would require only one parking space for each ADU and require parking to be in setback areas unless they have fire or life safety obstructions.

* Additional parking for ADUs would not be required if the unit is within a historic district or half a mile of public transit, part of an existing primary residence or converted existing accessory structure, within one block of a car-share area or in a place where on-street parking permits are required but not offered to the occupant of the ADU.

If approved by the Planning Commission, the item will next go to the City Council for adoption.

In other business, the Commission will be voting to approve a General Plan conformance determination for the five-year Capital Improvement Program as part of the consent calendar.

The Planning Commission will meet at 7 p.m. Thursday, June 14 in the Council Chambers of City Hall, located at 250 East L St.

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