Development of Housing

New Housing Development must comply with the objective planning and design standards of the City, including objective standards within the following:

• Benicia Municipal Code
• Benicia Objective Planning and Design Standards
• Downtown Mixed Use Master Plan
• Engineering Design Standards and Standard Plans
• General Plan
• Arsenal Historic Conservation Plan
• Downtown Historic Conservation Plan

The Inclusionary Housing Ordinance establishes requirements and standards for the inclusion of affordable housing units as part of a residential development project. The ordinance applies to residential development of ten or more units and requires that 10-15% of units be affordable to qualified households (low-income and moderate-income).  The ordinance requires the recordation of affordability covenants and rental or resale control agreements, as well as ongoing income verification.

• Benicia Inclusionary Housing Ordinance

SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, requires cities to allow one additional residential unit on parcels zoned for single-family dwelling units.  This law allows up to a total of two residential units per parcel in single-family residential zoning districts, excluding any accessory dwelling units (ADUs). 

Where Does SB 9 Apply?

SB 9 applies to properties in the RS (Single-Family Residential), and single-family residential PD (Planned Development) districts.  The following exclusions are provided in the law to make sure that it does not lead to the displacement of existing residents or increase development in potentially hazardous areas:

1.  Within certain hazard zones, like earthquake faults, flood zones and conservation land.
2. Within a historic district or is a designated historic resource.
3. Contains an existing affordability-controlled unit, including deed restriction or rent control.
4. Will require removal of more than 25% of existing structure walls.
5. The existing house may not have been used as a rental for the past 3 years or undergone a recent Ellis Act removal (15 year); and
6. The applicant must sign an affidavit that they intend to occupy one of the units created as their principal residence for a minimum of 3 years after approval of the subdivision.

SB 9 Pathways

There are two main pathways for applicants using SB 9 to add an additional unit to their property.  These pathways can be used individually or in combination:

1. “Add a Dwelling Unit”:  Allows the construction of two dwelling units on a single lot – this includes splitting an existing house into two units or constructing a separate unit.
2. “Lot Split” (Parcel Map): Allows subdivision of one existing lot into two separate lots within a single-family residential zone for residential use. No new lot may be created that is less than 40% of the original lot size or less than 1,200 square feet.  The resulting two lots may each be developed with two housing units of at least 800 square feet each.

More Information

If a lot split will be proposed, a preapplication meeting with the City of Benicia will be the first step. A pre-application and/or housing development application may be filed through the Benicia Permit Center.  The application will be reviewed to ensure the property complies with state and local law, checking for compliance with zoning and development standards.  SB 9 does not exempt development applications from City fees.

• Pre-Application Meetings
• SB 9 Fact Sheet (HCD, 2022)
• Resolution No. 21-177 Concerning SB 9

SB 35, the “Planning and Zoning: Affordable Housing: Streamlined Approval Process”, is a California State Senate Bill that went into effect on January 1, 2018.

Under SB 35, the City is required to review qualifying projects using a ministerial review process, which means that no discretionary approvals can be required, and the City is required to process applications within the timeframes specified in Government Code section 65913.4(c).

1. Preliminary Application and Tribal Consultation.  To initiate the streamlined review process, the applicant must submit a preliminary application (“notice of intent”) that complies with all statutory requirements. Once the preliminary application is accepted, the City will initiate the tribal consultation required by Government Code section 65913.4(b).  If no tribes respond to request consultation, or if there is an agreement reached in the tribal scoping consultation, then this step is completed.  During this timeframe, the City will also conduct a pre-application meeting. 
2. Development Application.  Upon completion of the first step, an applicant may submit an SB35 Development Application within statutory timeframes. This application may encompass objective design review, tentative subdivision map, as well as other required permit approvals.  However, the review of the application is ministerial. It must adhere to State-mandated timeframes and is focused on compliance with the city’s adopted objective planning and design standards. 

Qualifying SB 35 projects are not subject to environmental review under the California Environmental Quality Act (CEQA).

More Information:

• Pre-Application Meetings
• Preliminary Housing Application
• Streamlined Ministerial Approval Process Guidelines (HCD, 2021)
• SB 35 Informational Handout
• Resolution No. 22-31 Establishing Timelines for Resubmittal of Housing Development Applications Pursuant to SB 35