Benicia council refers proposed zoning changes on commercial recreation and outdoor food service back to staff after heated debate

The Benicia City Council on the same agenda item considered zoning amendments to allow limited indoor commercial recreation uses (sports training, archery and shooting galleries) in a narrow portion of the limited industrial zone and to allow outdoor food service in the mixed-use infill zone.

Presentation and intent

Suzanne Thorson, assistant city manager and development services director, and Dave Feinstein, senior planner, said the amendments are intended as a cleanup to an earlier commercial-streamlining package and would allow certain low-attendance indoor recreation uses in a roughly 26-acre area near Goodyear Road and Gateway Plaza Drive, plus clarify that outdoor food service is allowed in the mixed-use infill zone. Thorson described the proposed commercial-recreation uses as limited to sports training, archery and shooting galleries and emphasized the change is intended to provide pathways for small recreational businesses that need larger indoor spaces.

Council and public concerns

The bulk of council discussion focused on definitions and community safety. Councilmember Scott questioned what "sports training" includes and asked whether activities such as pickleball practice, batting cages or basketball training would be permitted; staff said the code lists batting cages as an example and that practice/training facilities are distinct from spectator-focused "sports and entertainment assembly" uses such as tournaments.

Multiple council members and public commenters expressed concern about the term "shooting galleries" and the potential for live-ammunition ranges in proximity to existing industrial uses and rail lines. One public commenter said the language felt "scary" and urged removing allowance for live-ammunition ranges. Staff and the city attorney cautioned that changes to ban certain uses outright could raise legal issues and would require further analysis; they recommended using the conditional-use-permit process to evaluate compatibility and safety.

Conditional use permits and location-specific concerns

Staff argued that requiring a conditional-use permit for commercial recreation in the industrial area gives the city the ability to evaluate parking, life-safety upgrades, adjacency to industrial uses, and other special conditions. Several council members suggested carving out a specific industrial sub-area for by-right uses or otherwise simplifying the permitting pathway for small operators; others favored retaining the conditional-use process to protect nearby industrial businesses and public safety.

Council action

A motion to adopt the ordinance as presented failed after a split vote. The council then voted to refer the zoning amendments back to staff for more detailed analysis; directions included clarifying definitions (sports training, shooting galleries), evaluating whether live-ammunition uses can be restricted while permitting non-live-ammunition training alternatives, reassessing the use-permit threshold in the particular 26-acre area, and returning with refined language and mapping. Staff said it would return with a revised proposal and legal analysis.

Context and next steps

Planning Commission had recommended approval with looser limits on multi-tenant buildings; staff recommended single-tenant limitations for stronger long-term control. City staff noted the amendments are intended as a narrow cleanup rather than a broad rezone and said the council will likely see a revised draft at a future meeting.