1 BENICIA CITY COUNCIL
CITY COUNCIL MEETING AGENDA
Benicia City Hall, 250 East L Street, Council Chamber
Benicia, CA 94510
January 24, 2023
6:00 PM
Accessing The Meeting
How to Participate in the Meeting:
1) Attend in person at Council Chambers
2) Cable T.V. Broadcast - Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas.
4) Zoom Meeting (link below)
The public may view and participate (via computer or phone) link:
https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09 • If prompted for a password, enter 449303.
• Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.
Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.
1 669 900 9128
1 346 248 7799
1 253 215 8782
1 646 558 8656
1 301 715 8592
1 312 626 6799
• Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. 2 • Enter password: 449303
• When prompted for a Participant ID, press #.
• Press *9 on your phone to “raise your hand” when the Mayor calls for public comment during the item you wish to speak on. Once unmuted, you will have up to 5 minutes to speak.
Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at [email protected], who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.
1. Call To Order (6:00 P.M.)
2. Convene Open Session
3. Roll Call
4. Pledge Of Allegiance
5. Reference To The Fundamental Rights Of The Public
The fundamental rights of each member of the public can be found in the municipal code posted on the City’s website and on a plaque that is posted at the entrance to this meeting per section 4.04.030 of the City of Benicia’s Open Government Ordinance.
6. Proclamations
6.A - PROCLAMATION - BARBARA WOOD
Proclamation - Barbara Wood
7. Adoption Of Agenda
8. Opportunity For Public Comments
How to Submit Public Comments for this City Council meeting:
Besides appearing in person and offering public comments, members of the public may provide public comment via Zoom, or to the City Clerk by email at [email protected]. Any comment submitted to the City Clerk should indicate to which item of the agenda the comment relates. Specific information follows:
- Comments received by 2:00 pm on the day of the meeting will be electronically forwarded to the City Council and posted on the City’s website.
3 - Comments received after 2:00 pm, but before the start time of the meeting will be electronically forwarded to the City Council, but will not be posted on the City’s website.
9. Written Comment
10. Public Comment
11. Consent Calendar
Items listed on the Consent Calendar are considered routine and will be enacted, approved or adopted by one motion unless a request for removal or explanation is received from a Council Member, Staff or member of the public. Items removed from the Consent Calendar shall be considered immediately following the adoption of the Consent Calendar.
12. Business Items
12.A - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT,
INTRODUCTION AND FIRST READING OF AMENDMENTS TO THE BENICIA MUNICIPAL CODE TITLE 17 (ZONING), DOWNTOWN MIXED USE MASTER PLAN,
AND ZONING MAP, AND ADOPTION OF AMENDMENTS TO BENICIA GENERAL
PLAN HOUSING ELEMENT, COMMUNITY HEALTH AND SAFETY ELEMENT, LAND
USE ELEMENT AND LAND USE DIAGRAM
Every eight years, each California city and county must update the Housing Element of their General Plan in accordance with the requirements of State law. The proposed Housing Element meets these requirements and includes an inventory of suitable housing sites, housing opportunity sites, analysis of housing constraints, and updated policies and programs to guide its implementation from 2023-2031 (6th Cycle Housing Element).
The proposed amendments to the Benicia Zoning Ordinance (Title 17 of Benicia Municipal Code), Form Based Code of the Downtown Mixed Use Master Plan, and Zoning Map (collectively the “Zoning Amendments”) will allow housing at the densities specified within the Housing Element. The Zoning Amendments will rezone “opportunity sites” through adoption of a new Housing Opportunity Sites (HOS) Overlay District (proposed new Chapter 17.64) and/or a change in zoning map classification (e.g., from General Commercial to Mixed Use-Infill). The Overlay District applies to any parcel in the Housing Opportunity Sites Inventory in a Single Family Residential (RS), Medium Density Residential (RM), High Density Residential (RH), Public and Semipublic (PS), Community Commercial (CC) or Office Commercial (CO) District, or in a zone of the Downtown Mixed Use Master Plan. A total of 73 parcels constituting 117 acres will be rezoned to align with the densities projected in the Housing Element.
In addition, Council will consider an update to the Community Health and Safety Element (Safety Element) to incorporate information regarding hazards (fire, seismic risk, flood risk, climate change, 4 etc.), and include policies to minimize exposure to those hazards including climate change resiliency and adaptation and an evacuation analysis. Revisions to the Land Use Element and Land Use Diagram are also being proposed to ensure that it is consistent with the changes to the General Plan made by the 6th Cycle Housing Element.
The 6th Cycle Housing Element, Zoning Amendments, and revisions to the Safety Element and Land Use Element are collectively referred to as the “Project.” An Environmental Impact Report (EIR) was prepared for the Project in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines.
On January 12, 2023 the Planning Commission conducted a public hearing and recommended certification of the Final EIR and adoption of the Zoning Amendments and General Plan amendments.
Recommendation:
Conduct the public hearing and take the following actions:
1. Move to adopt a Resolution (Attachment 1) adopting the Statement of Overriding Considerations and Certifying the Final EIR and Mitigation Monitoring and Reporting Program (MMRP); and
2. Move to waive the first reading, read by title only, and introduce an Ordinance (Attachment 2) amending Title 17 (Zoning) of the Benicia Municipal Code (BMC) adding a new chapter 17.64 (Housing Opportunity Sites Overlay District) and amending Chapters 17.08 (Organization, Applicability, and Interpretation); 17.24 (R Residential Districts); 17.28 (C Commercial Districts);
17.108 (Design Review) and the Form Based Code of the Downtown Mixed Use Master Plan and amending the Benicia Zoning Map; and
3. Move to adopt a Resolution (Attachment 3) amending the Housing Element, Community Health and Safety Element, Land Use Element and Land Use Diagram of the Benicia General Plan (requires four votes).
Staff Report
1. Resolution - Statement of Overriding Considerations - Certifying the EIR
2. Draft Ordinance - Amending the Benicia Zoning Ordinance (Title 17), Form Based Code of the Downtown Mixed Use Master Plan and Benicia Zoning Map
3. Resolution - Amending the Benicia General Plan
4. Planning Commission Staff Report (without attachments), January 12, 2023
5. Resolution No. 23-1 (PC) without exhibits
6. Memorandum Concerning 125 West F Street, January 9, 2023
7. Written Public Comment
8. HCD Review Letter, November 22, 2022
9. Adoption Draft Housing Element, Mark-up Copy (January 2023) 5 10. EFA Fiscal and Economic Impact Analysis for 670 East H Street, December 27, 2022
11. Fehr and Peers Intersection Analysis for Benicia Housing Element Update (without appendices), December 30, 2022
13. Adjournment (9:00 P.M.)
6 Public Participation
The Benicia City Council and its Boards and Commissions welcome public participation.
Pursuant to the Brown Act, each public agency must provide the public with an opportunity to speak on any matter within the subject matter jurisdiction of the agency and which is not on the agency's agenda for that meeting. The City Council allows speakers to speak on non-agendized matters under public comment, and on agendized items at the time the agenda item is addressed at the meeting. Comments are limited to no more than five minutes per speaker. By law, no action may be taken on any item raised during the public comment period although informational answers to questions may be given and matters may be referred to staff for placement on a future agenda of the City Council.
Should you have material you wish to enter into the record, please submit it to the City Manager.
Disabled Access or Special Needs
In compliance with the Americans with Disabilities Act (ADA) and to accommodate any special needs, if you need special assistance to participate in this meeting, please contact Kim Imboden, the ADA Coordinator, at (707) 746-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.
Meeting Procedures
All items listed on this agenda are for Council discussion and/or action. In accordance with the Brown Act, each item is listed and includes, where appropriate, further description of the item and/or a recommended action. The posting of a recommended action does not limit, or necessarily indicate, what action may be taken by the City Council.
Pursuant to Government Code Section 65009, if you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. You may also be limited by the ninety (90) day statute of limitations in which to challenge in court certain administrative decisions and orders (Code of Civil Procedure 1094.6) to file and serve a petition for administrative writ of mandate challenging any final City decisions regarding planning or zoning.
The decision of the City Council is final as of the date of its decision unless judicial review is initiated pursuant to California Code of Civil Procedures Section 1094.5. Any such petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6.
Public Records
The agenda packet for this meeting is available at the City Manager's Office and the Benicia Public Library during regular working hours. To the extent feasible, the packet is also available on the City's web page at www.ci.benicia.ca.us under the heading "Agendas and Minutes." Public records related to an open session agenda item that are distributed after the agenda packet is prepared are available before the meeting at the 7 City Manager's Office located at 250 East L Street, Benicia, or at the meeting held in the Council Chambers.
If you wish to submit written information on an agenda item, please submit to the City Clerk as soon as possible so that it may be distributed to the City Council. A complete proceeding of each meeting is also recorded and available through the City Clerk’s Office.
Contact Your Council Members
If you would like to contact the Mayor or a Council Member, please call the number listed below to leave a voicemail message.
Mayor Young: 707-746-4213
Vice Mayor Scott: 707-746-4213
Council Member Birdseye: 707-746-4213
Council Member Campbell: 707-746-4213
Council Member Macenski: 707-746-4213