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Benicia introduces zoning change to allow housing at churches and institutional sites
Summary
City planning staff introduced a zoning-text amendment to permit limited multifamily units and ADUs on qualifying religious and community-institutional properties, expand eligible uses beyond state law, and require objective ministerial review; council waived first reading and asked for a five-year check-in.
The Benicia City Council introduced and gave first reading to a zoning-text amendment Thursday that would let certain religious and community-institutional properties add limited housing. Planning Manager Jason Haid said the draft ordinance (amending sections of Title 17 and adding a new section 17.70.47) implements Program 2.05 of the adopted housing element and goes beyond minimum state requirements.
Under the proposal, qualifying sites could add up to four multifamily units or up to four accessory dwelling units (ADUs) — in some configurations permitting up to eight total units — subject to objective design standards and ministerial review. The draft would also allow some institutional uses, such as convalescent facilities and emergency shelters, in a broader set of zones than existing state-streamlining provisions.
Why it matters: State housing law encourages by-right housing on faith-based lands in certain circumstances; staff told the council the city's proposal adds flexibility by not limiting projects to 100% affordable housing when affordable development is demonstrated to be infeasible. That feasibility determination would be made at staff level under the current draft, subject to the objective standards described in the ordinance.
Council direction and edits: The planning commission recommended approval. Staff proposed two technical edits (change a reference from "section" to "chapter" in 17.70.470.f.2 and add a cross-reference clarifying ministerial review), and council asked staff to add a five-year check-in window to revisit the ordinance language and close potential loopholes tied to how an institution establishes tenure or property ownership. Assistant City Attorney Mary Wagner confirmed the draft includes an ownership-date restriction aligned with state guidance (institutions must have owned property by Jan. 1, 2024, to qualify under some provisions).
Next steps: Council voted to waive the first reading and introduce the ordinance with staff edits; staff will return with final ordinance language and any necessary environmental or procedural materials for subsequent readings.
