Housing Readiness Report

Local housing programs, as part of a housing element, have significant impacts on a city or county reaching its affordable housing goals. Each additional housing policy has a significant impact on the residents who are most in need of affordable housing. However, the number of programs that a jurisdiction includes in their housing element is not meant to imply how well a city or county is addressing local housing needs since the quality and impact of each will need to be determined as well.

PROGRAM NUMBER	ACTIONS	DELIVERABLE	DELIVERABLE DATE
6.04	Continue to distribute information from PG&E, MCE, and others that detail energy conservation measures for existing buildings and new construction.	n/a	Ongoing
4.07	Continue to enforce City Codes on property development and maintenance, including on foreclosed homes, to promote place-based revitalization. Conduct a windshield survey of substandard homes twice during the planning period, and use the Code Enforcement program as the primary tool for the City to identify and confirm dwelling units that are unsafe to occupy. Initiate appropriate actions to bring substandard housing units into compliance for the improvement of overall housing conditions in Benicia and to minimize the impact of substandard housing on displacement risk for lower income households. If units are rented, and rehabilitation or habitability results in the need for tenants to vacate the property, require the property manager or landlord to provide relocation assistance.	Survey 10 substandard homes during each survey to facilitate place-based revitalization.	Ongoing; Conduct a windshield survey of substandard homes, which may include foreclosed homes, twice during the planning period (in 2027 and 2030).
5.04	Environmental health is determined by air quality, climate change related outcomes, water quality, cancer prevalence, and more. Neighborhoods with poor environmental health conditions are often correlated to their proximity to industrial uses, major transit corridors, and other larger pollution sources. The City will facilitate environmental health-oriented place-based revitalization of neighborhoods, particularly for housing in closer proximity to the Valero Refinery and other industrial uses on the eastern side of the city, which are more heavily impacted by pollution from prior industrial uses, diesel particulate matter from proximity to regional freeways, and the Valero Refinery through the following strategies: 28 • Continue to enhance parks, open space, and tree plantings in these areas to improve environmental health. Facilitate safe pedestrian and bicycle access to parks or open space to reduce environmental health disparities across the city. • Work with Port lessees and Caltrans to reduce regional air quality impacts associated with regional transportation facilities. The City will meet with Port lessees and Caltrans annually, as feasible, to identify options for air quality improvements and coordinate action implementation. • Increase active transportation facilities in eastern Benicia to reduce dependence on automobiles and enhance safe connections to existing pedestrian and bicycle routes, such as the Carquinez Strait Scenic Loop Trail on the Benicia-Martinez Bridge. The City will identify at least two active transportation projects in eastern Benicia by December 2024. • Review and update the City of Benicia’s planning standards to address proximity disclosures for residences within ¼ mile of industrial districts and ensure that adequate physical separation and landscape buffers are provided. Further, neighborhoods at risk of environmental hazards, such as flooding, face additional barriers to environmental health. The City of Benicia has launched a comprehensive floodplain webpage that can be accessed by selecting the Floodplain FEMA link at: www.ci.benicia.ca.us/building. This webpage includes links to flood hazard maps, as well as information about flood risk, mitigation strategies, insurance information and financial assistance. The City will post additional information about floodrelated resources on the flood maps page on the City's website and provide public notices in utility bills or other direct methods to neighborhoods at risk of flooding, including the Rancho Benicia mobile home park and other residential areas adjacent to the Benicia Marina.	See individual strategies bulleted in Program 5.04 above with specific targets.	Refer to each strategy in this Affirmatively Furthering Fair Housing (AFFH) program for specific timeframes (see above). Post and distribute flood-related information at least every other year. All other actions are ongoing.
1.01	Work with the Benicia Housing Authority to coordinate affordable housing activities and maintain good working relations with other non-profit housing providers by: • Consulting with the Benicia Housing Authority during the update of the Housing Element and the annual review of the Housing Element. Specifically, strategize to ensure the City’s programs and the Housing Authority’s programs are complementary and maximize limited housing resources; • Continuing to share information and priorities between the City, the Benicia Housing Authority, and other non-profit housing providers; • Association of Bay Area Governments (ABAG) is planning to include the adopted Housing Element inventories in their HESS tool once the 6th Cycle Housing Element is updated. The City plans to rely on this tool for availability of the inventory moving forward and will provide the link to this inventory on the City housing webpage for non-profit housing providers; and 8 • Informing the Benicia Housing Authority about units produced by the Inclusionary Housing Ordinance (Benicia Municipal Code 17.70.320) and other affordable projects and partnering with the Benicia Housing Authority to conduct affordable housing activities such as income verification and reporting.	See Program 2.01	Ongoing; share the HESS tool with non-profit housing providers within one year of Housing Element adoption; establish income verification and reporting partnership by 2024.
2.05	Government Code Section 65913.6 allows a religious institution to develop an affordable housing project at a place of worship owned by the religious institution even if the development requires the religious institution to reduce the number of religious-use parking spaces available. This bill applies only to religious facilities located in zones that allow residential uses. To facilitate housing mobility, the City will establish a Religious and Institutional Facility Housing Overlay or similar zoning text amendment with the following potential provisions: • Expanding the provisions of Section 65913.6 to other institutional uses including property under the ownership of institutional uses, such as schools and hospitals. • Allowing religious and institutional uses to construct up to four multifamily units, and 17 up to four ADUs and JADUs (total of eight units) onsite when an affordable housing development may not be feasible.	50 lower income units citywide with a target of 50 percent of the units (or 25 units) in areas of high median income, high resource, or concentrated affluence.	• Beginning in 2024, conduct outreach annually, via direct mail and/or a group meeting to religious and institutional facilities regarding the Overlay opportunity. • By March 2025, establish a Religious and Institutional Facility Housing Overlay to extend the provisions of Section 65913.6 to other institutional and religious uses.
1.04	Work with the Public Works Department (City’s water and sewer provider) to ensure the availability and adequate capacity of water and wastewater systems to accommodate the housing needs during the planning period. Priority shall be granted to proposed developments that include housing affordable to lower-income households. In addition, the City will provide a copy of the Housing Element and any future amendments to the Public Works Department immediately after adoption.	n/a 9	Ongoing
5.03	The City will consider adoption of residential standards in the City’s Building Code to encourage universal design features in new homes, and expand consumer awareness by providing information on universal design features at the City’s Permit Center and develop resource information for the City’s website.	Encourage construction of 5 universal design housing units that are accessible to occupants or visitors with disabilities	Adopt design standards and create promotional information by December 2026. Determine whether to establish incentives by December 2026. If determined that incentives will be established, establish by December 2027.
4.02	Implement procedures applicable to inclusionary forsale units, such as the resale control mechanism, equity recapture, qualifications for subsequent buyers, and other relevant issues that are not listed in the inclusionary housing ordinance, to ensure ongoing affordability. For this planning period this will include creating an updated affordable housing agreement and setting up a program to administer and report on affordable units, including Inclusionary Units, and review regulations and guidance from other jurisdictions to implement best practices for administration of inclusionary units.	n/a 23	Update affordable housing agreement and review best practices from other jurisdictions by 2024; establish new administration and reporting program by 2025; ongoing
4.01	Establish a rehabilitation grant or reimbursement program to assist homeowners, particularly for mobile home park residents and lower-income households, with rehabilitation needs to provide weatherization, accessibility retrofits, or other rehabilitation services. In addition, announce the availability of such funds through noticing on the City’s website, local government access channel, through several display ads, advertisements at the Benicia Library, and at the Planning Counter. Also, create and provide flyers to the Community Action Council, Benicia Housing Authority, and other affordable housing affiliates.	Assist 40 units citywide with rehabilitation opportunities and reduce displacement and foster place-based revitalization during the planning period. POLICY 4.02: LIMIT THE CONVERSION OF RESIDENTIAL STRUCTURES TO NON-RESIDENTIAL USES AND AFFORDABLE UNITS TO MARKET-RATE.	Establish new program by 2025. Annually review existing available resources and apply, as needed, for additional state funding.
4.04	Work with the owners of the mobile home parks to determine future plans and the feasibility of continuing mobile home park use. The City will work with the owners to ensure maintenance, upkeep, and compliance with State regulations. If appropriate, the City will assist the owner in accessing state or federal funds for improvements to substandard or dilapidated parks and units or in converting the park to resident ownership. Maintaining affordable units in mobile homes parks will be a priority of the City in order to reduce displacement risk and maintain the existing stock of affordable housing while facilitating place-based revitalization. The City will also continue to implement its mobile home park conversion ordinance to ensure that any conversion of a mobile home park is preceded with adequate notice and relocation assistance. A relocation plan must be submitted to the Planning Commission for approval as part of the application for conversion.	Work with owners of mobile home parks to maintain 238 units of affordable housing to prevent displacement of occupants.	Contact owners annually
1.06	To address the 2023–2031 Regional Housing Needs Allocation (RHNA), the City shall amend the General Plan and the Zoning Ordinance, as needed, and as detailed in Chapter III, Sites Inventory and Analysis, to provide adequate site(s) including allowing 20 dwelling units per acre or greater on sites that have been assigned units that address the lower-income RHNA. There will be no minimum density on these sites. The City intends to amend the General Plan Land Use map and text, as well as the Zoning Ordinance and zoning map as part of this program, for the Assessor’s Parcel Numbers (APNs) listed in Appendix E, Table B of this Housing Element. This will include changing General Plan and zoning density and text as needed to allow for the increased densities through rezoning. An overlay zone, adopted on January 24, 2023, has addressed the zoning changes needed for some of the sites as shown in Figure 3.1 of Chapter III, Sites Inventory and Analysis. Some of the requirements of this program will be achieved through inclusion of new or revised development standards or updates to processes and procedures in the Zoning Ordinance to address constraints identified in this Housing Element and facilitate increased densities, particularly in areas of concentrated affluence and where there are existing single-family homes. The types of standards and processes that will need revising include height limits, private open space standards, and findings for design review. Specifically, these changes include: • Allow residential uses on the ground floor on commercially zoned sites included in the Housing Element through the housing overlay. • Examining maximum building heights in the Downtown zones and increase them to allow three-story buildings. • Review and revise development standards, as needed, to reduce any barriers to construction of a greater range of housing types within neighborhoods, particularly in areas of concentrated affluence and where there are existing single-family homes. • Update the design review findings to be objective. • Update the zoning regulations to specify that "A mixed use or multifamily housing development application that is consistent with the Objective Planning and Design Standards, as provided in section 17.70.430, shall be deemed consistent with the required findings.” • Update objective standards for clarification of scenic views and vistas citywide at the same level of detail as those already adopted for the Arsenal. • Increase the lot coverage standard from 40% to 45% for opportunity sites in the RS District. Some of the sites addressed in this program have been included in one or more programs to address the lower-income RHNA and are also addressed by Program 1.07	Facilitate opportunities for 565 lower-income units, 470 moderate-income units, 541 above moderate-income units, for a total of 1,576 units through redesignation and rezoning/zoning text amendments to promote the creation of housing in the CC, CO, CW, and Downtown zones to improve housing mobility, reduce displacement risk, reduce concentration of poverty and lower-income households, and increase the supply of affordable housing in higher opportunity and higherincome areas.	Changes to General Plan and zoning (except for the updates to objective standards) were completed on January 24, 2023. Changes to the objective planning standards for clarification of scenic 10 views and vistas will be completed by December 31, 2025.
3.06	The City shall prioritize the creation of housing that includes units for persons with disabilities, including developmental disabilities, in areas with access to transit, services and amenities to reduce displacement risk for this population and facilitate mobility. Currently, rental assistance programs for those with disabilities are in place with the Family Resource Center and Benicia Housing Authority. A repairs program is also operated by the Benicia Housing Authority to reduce displacement risk. The City will continue to work with disability service providers to identify and address gaps in housing that meets the special needs of persons with disabilities. Generally, such models could include the following: (a) coordinating with the North Bay Regional Center, North Bay Housing Coalition, and other local agencies to pursue funding to maintain housing affordability for persons with disabilities, including developmental disabilities; (b) encourage affordable housing projects to dedicate a percentage of housing for disabled individuals; (c) assisting in providing housing services that educate, advocate, inform, and assist persons with disabilities to locate and maintain housing; and (e) assisting in the maintenance and repair of housing for persons with developmental disabilities.	30 units that are accessible to residents with disabilities during the planning period.	Ongoing; Meet with service providers by December 2023 to discuss strategies to improve outreach and service capacity. Implement those strategies, as identified, within the planning period.
1.15	To create additional opportunities for infill development and affordable housing, the City will 13 help facilitate lot consolidations to combine small lots identified as part of a larger site in the Housing Element (including lots on slopes) into larger developable lots for housing. The City will meet with local developers and property owners to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and consider additional incentives brought forth by developers. As developers/owners approach the City with interest in lot consolidation for the development of affordable housing, the City could defer certain fees, allow more height or additional stories, waive lot merger fees for certain small contiguous lots, and provide concurrent/fast tracking of project application reviews to developers who provide affordable housing. By 2025, the City will review the effectiveness of this program and revise as appropriate. The City will also evaluate grant funding for parcel assemblage land banking when it is available.	Support 5 lot consolidations during the planning period to improve housing mobility, reduce displacement risk, and increase the supply of affordable housing in higher opportunity areas. Approval of more applications to merge parcels that result in feasible sites for multifamily housing during the planning period.	Meet with developers and property owners starting in 2023 and annually thereafter. Based on the meetings with developers and property owners, add incentives as appropriate within six months, and again each year after every annual meeting occurs. Ongoing: Support consolidation as applicable housing applications are received; Pursue grant funding during planning period if California legislation and/or programs enable a taxincrement or similar program that leads to funding for site assembly.
3.02	Pursuant to the Fair Housing Amendments Act of 1988 and the requirements of Chapter 671, Statues of 2001 (Senate Bill 520), the City adopted a reasonable accommodation ordinance addressing rules, policies, practices, and procedures that may be necessary to ensure equal access to housing for those with disabilities. The City will review and update the reasonable accommodation procedure findings in Chapter 17.132 of the Zoning Ordinance for constraints and conflicts with State law. Specifically, the following two findings for approval of a reasonable accommodation request will be reviewed and updated if needed: 1. There are no other reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards, and practices. 2. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. The City promotes its reasonable accommodations procedures with a handout on its website.	n/a	Evaluate findings and update zoning by December 2024.
1.14	Continue to reduce the cost of providing affordable housing and therefore increase the supply of new affordable opportunities, particularly in higher resource areas: • The City processes applications for eligible affordable housing projects within the timeframes specified in Government Code Section 65913.4(c). The City will continue to implement the City’s streamlined review process for projects eligible for SB 35 streamlining. The City will also provide training on SB 35 to the Planning Commission and City Council every two years if the City is subject to SB 35. The City also enforces SB 330 to comply with State law; and • Annually, update the permit fee schedule in relation to the consumer price index; and • Defer, waive, or reduce certain development fees, portions of fees, or combinations of fees for the affordable portion of any project. Benicia will promote these incentives to developers on the City’s website (www.ci.benicia.ca.us) and during the application process.	20 extremely low-, very low-, or low-income units	Ongoing. Provide SB 35 training to Planning Commission and City Council every two years beginning in 2024 if the City is subject to SB 35.
4.03	Pursuant to Assembly Bill (AB) 1521, the City will monitor the list of all dwellings in Benicia that are subsidized by government funding or low-income housing developed through local regulations or incentives. The list will include, at a minimum, the number of units, the type of government program, and the date on which the units are at risk to convert to market-rate dwellings. There have been 24 units (see Analysis of At-Risk Housing section in Regional Housing Needs Assessment) identified as at risk of converting to market rate within 10 years of the beginning of the 6th round Housing Element planning period. The list will include, at a minimum, the project address; number of deed-restricted units, including affordability levels; associated government program; date of completion/ occupancy; and the date on which the units are at risk to convert to market rate. The City will work to reduce the potential conversion of any units to market rate to reduce the potential for displacement and placement of additional constraints on the existing affordable housing stock through the following actions: • Monitor the status of affordable projects, rental projects, and manufactured homes in Benicia. Should the property owners indicate the desire to convert properties, consider providing technical and financial assistance, when possible, to incentivize long-term affordability. • If conversion of units is likely, work with local service providers as appropriate to seek funding to subsidize the at-risk units in a way that mirrors the HUD Housing Choice Voucher (Section 8) program. Funding sources may include state or local funding sources to reduce potential for displacement of residents. Pursuant to State law (Government Code Sections 65853.10, 65863.11, and 65863.13), owners of deedrestricted affordable projects are required to provide notice of restrictions that are expiring to all prospective tenants, existing tenants, and the City within 3 years, 12 months, and 6 months before the scheduled expiration of rental restrictions. In addition, the City or owner will provide notice to HUD, HCD, and the local legal aid organization. Owners shall also refer tenants of at-risk units to educational resources regarding tenant rights and conversion procedures and information regarding Section 8 rent subsidies and any other affordable housing opportunities in the city. In addition, notice shall be required prior to conversion of any units to market rate for any additional deed-restricted lower-income units that were constructed with the aid of government funding, that were required by inclusionary zoning requirements that were part of a project granted a density bonus, or that were part of a project that received other incentives. If a development is offered for sale, HCD must certify persons or entities that are eligible to purchase the development and to receive notice of the pending sale. Placement on the eligibility list will be based on experience with affordable housing. When necessary, the City shall continue to work with property owners of deed-restricted affordable units who need to sell within 55 years of the unit’s initial sale. When the seller is unable to sell to an eligible buyer within a specified time period, equity-sharing provisions are established (pursuant to the affordable housing agreement for the property), whereby the difference between the affordable and market value is paid to the City to eliminate any incentive to sell the converted unit at market rate. Funds generated would then be used to develop additional affordable housing within the city. The City shall continue tracking all residential projects that include affordable housing to ensure that the affordability is maintained for at least 55 years for owner-occupied units and 55 years for rental units, and that any sale or change of ownership of these affordable units prior to satisfying the 45- or 55-year restriction shall be “rolled over” for another 45 or 55 years to protect “at-risk” units.	Continue to monitor the 24 assisted units, and if any become at risk, work with property owners to develop a strategy to provide assistance to maintain or replace 24 atrisk units as affordable to reduce potential for displacement of tenants and loss of affordable housing stock in the city.	Ongoing communication with owners, service providers, and eligible potential purchasers; work with owners of deedrestricted units on an ongoing basis, in particular at the time of change of ownership. 24
1.08	To facilitate subdivision of large sites, update Title 16, Subdivisions, of the Municipal Code to provide objective standards for subdivisions and streamline the parcel map requirements and review process.	112 lower-income units on large sites, encouraging at least 30 of these in areas of concentrated affluence to promote housing mobility.	Update the Subdivision Ordinance by December 2024
2.02	As part of its next General Plan update, the City shall build on the work completed in the Eastern Gateway Study to continue to work to establish efficient land use and development patterns that conserve resources, such as fuel, water, and land, and allow for higher-density development in the vicinity of major transit nodes, set forth pedestrianoriented development patterns, and preserve open space areas in an effort to promote healthy environmental and living conditions with improved access to resources.	n/a	During the next comprehensive update of Benicia’s General Plan.
6.05	Continue to expand digital outreach and education through comprehensive web-based resources and regular electronic newsletters.	n/a	Ongoing
2.06	The City shall amend the Zoning Ordinance to eliminate the discretionary design review requirement for mixed use and multifamily housing of up to 4 residential units citywide, outside of a historic district. This will expand ministerial review of missing middle housing and facilitate housing mobility on sites in the Housing Element inventory. In addition, this change will more broadly apply in the medium and high density residential districts and the Community Commercial and Office Commercial districts, which permit multifamily housing above the ground floor. Adopt an ordinance to increase the permitted residential density of single family (RS) parcels (“upzone”) to fifteen dwelling units per acre for sites located adjacent to minor arterial roadways in Census Tracts 2521.4, 2521.5, 2521.6, and 2521.7 (Rose Drive, Cambridge Drive, Hastings Drive, Panorama Drive, Chelsea Hills Drive) . Establish objective development standards to facilitate maximum densities. The ordinance will include a map demarcating the parcels subject to this upzoning. In addition, develop a fair housing factsheet to be included in the SB 9 application packet, emphasizing the fair housing responsibility of being a landlord, including compliance with the source of income protection. Develop outreach materials to educate the community regarding SB 9 opportunities, particularly in higher resource neighborhoods. Distribute materials through social media and other platforms.	Achieve 10 SB 9 permits during the planning period. Adopt an ordinance to increase baseline density with an upper density range of 15 du/acre, housing choices and affordability in low density residential areas targeting Census Tracts 2521.4, 2521.5, 2521.6, and 2521.7 (Rose Drive, Cambridge Drive, Hastings Drive, Panorama Drive, Chelsea Hills Drive) with a target of 50 units in the planning period.	Amend zoning by December 31, 2023. Develop SB 9 fair housing fact sheet by June 2024. Develop outreach materials regarding SB 9 opportunities by December 2024. Adopt ordinance upzoning low density residential sites by January 31, 2026. 18

PROGRAM NUMBER

ACTIONS

DELIVERABLE

DELIVERABLE DATE

6.04

Continue to distribute information from PG&E, MCE, and others that detail energy conservation measures for existing buildings and new construction.

n/a

Ongoing

4.07

Continue to enforce City Codes on property development and maintenance, including on foreclosed homes, to promote place-based revitalization. Conduct a windshield survey of substandard homes twice during the planning period, and use the Code Enforcement program as the primary tool for the City to identify and confirm dwelling units that are unsafe to occupy. Initiate appropriate actions to bring substandard housing units into compliance for the improvement of overall housing conditions in Benicia and to minimize the impact of substandard housing on displacement risk for lower income households. If units are rented, and rehabilitation or habitability results in the need for tenants to vacate the property, require the property manager or landlord to provide relocation assistance.

Survey 10 substandard homes during each survey to facilitate place-based revitalization.

Ongoing; Conduct a windshield survey of substandard homes, which may include foreclosed homes, twice during the planning period (in 2027 and 2030).

5.04

Environmental health is determined by air quality, climate change related outcomes, water quality, cancer prevalence, and more. Neighborhoods with poor environmental health conditions are often correlated to their proximity to industrial uses, major transit corridors, and other larger pollution sources. The City will facilitate environmental health-oriented place-based revitalization of neighborhoods, particularly for housing in closer proximity to the Valero Refinery and other industrial uses on the eastern side of the city, which are more heavily impacted by pollution from prior industrial uses, diesel particulate matter from proximity to regional freeways, and the Valero Refinery through the following strategies: 28 • Continue to enhance parks, open space, and tree plantings in these areas to improve environmental health. Facilitate safe pedestrian and bicycle access to parks or open space to reduce environmental health disparities across the city. • Work with Port lessees and Caltrans to reduce regional air quality impacts associated with regional transportation facilities. The City will meet with Port lessees and Caltrans annually, as feasible, to identify options for air quality improvements and coordinate action implementation. • Increase active transportation facilities in eastern Benicia to reduce dependence on automobiles and enhance safe connections to existing pedestrian and bicycle routes, such as the Carquinez Strait Scenic Loop Trail on the Benicia-Martinez Bridge. The City will identify at least two active transportation projects in eastern Benicia by December 2024. • Review and update the City of Benicia’s planning standards to address proximity disclosures for residences within ¼ mile of industrial districts and ensure that adequate physical separation and landscape buffers are provided. Further, neighborhoods at risk of environmental hazards, such as flooding, face additional barriers to environmental health. The City of Benicia has launched a comprehensive floodplain webpage that can be accessed by selecting the Floodplain FEMA link at: www.ci.benicia.ca.us/building. This webpage includes links to flood hazard maps, as well as information about flood risk, mitigation strategies, insurance information and financial assistance. The City will post additional information about floodrelated resources on the flood maps page on the City's website and provide public notices in utility bills or other direct methods to neighborhoods at risk of flooding, including the Rancho Benicia mobile home park and other residential areas adjacent to the Benicia Marina.

See individual strategies bulleted in Program 5.04 above with specific targets.

Refer to each strategy in this Affirmatively Furthering Fair Housing (AFFH) program for specific timeframes (see above). Post and distribute flood-related information at least every other year. All other actions are ongoing.

1.01

Work with the Benicia Housing Authority to coordinate affordable housing activities and maintain good working relations with other non-profit housing providers by: • Consulting with the Benicia Housing Authority during the update of the Housing Element and the annual review of the Housing Element. Specifically, strategize to ensure the City’s programs and the Housing Authority’s programs are complementary and maximize limited housing resources; • Continuing to share information and priorities between the City, the Benicia Housing Authority, and other non-profit housing providers; • Association of Bay Area Governments (ABAG) is planning to include the adopted Housing Element inventories in their HESS tool once the 6th Cycle Housing Element is updated. The City plans to rely on this tool for availability of the inventory moving forward and will provide the link to this inventory on the City housing webpage for non-profit housing providers; and 8 • Informing the Benicia Housing Authority about units produced by the Inclusionary Housing Ordinance (Benicia Municipal Code 17.70.320) and other affordable projects and partnering with the Benicia Housing Authority to conduct affordable housing activities such as income verification and reporting.

See Program 2.01

Ongoing; share the HESS tool with non-profit housing providers within one year of Housing Element adoption; establish income verification and reporting partnership by 2024.

2.05

Government Code Section 65913.6 allows a religious institution to develop an affordable housing project at a place of worship owned by the religious institution even if the development requires the religious institution to reduce the number of religious-use parking spaces available. This bill applies only to religious facilities located in zones that allow residential uses. To facilitate housing mobility, the City will establish a Religious and Institutional Facility Housing Overlay or similar zoning text amendment with the following potential provisions: • Expanding the provisions of Section 65913.6 to other institutional uses including property under the ownership of institutional uses, such as schools and hospitals. • Allowing religious and institutional uses to construct up to four multifamily units, and 17 up to four ADUs and JADUs (total of eight units) onsite when an affordable housing development may not be feasible.

50 lower income units citywide with a target of 50 percent of the units (or 25 units) in areas of high median income, high resource, or concentrated affluence.

• Beginning in 2024, conduct outreach annually, via direct mail and/or a group meeting to religious and institutional facilities regarding the Overlay opportunity. • By March 2025, establish a Religious and Institutional Facility Housing Overlay to extend the provisions of Section 65913.6 to other institutional and religious uses.

1.04

Work with the Public Works Department (City’s water and sewer provider) to ensure the availability and adequate capacity of water and wastewater systems to accommodate the housing needs during the planning period. Priority shall be granted to proposed developments that include housing affordable to lower-income households. In addition, the City will provide a copy of the Housing Element and any future amendments to the Public Works Department immediately after adoption.

n/a 9

Ongoing

5.03

The City will consider adoption of residential standards in the City’s Building Code to encourage universal design features in new homes, and expand consumer awareness by providing information on universal design features at the City’s Permit Center and develop resource information for the City’s website.

Encourage construction of 5 universal design housing units that are accessible to occupants or visitors with disabilities

Adopt design standards and create promotional information by December 2026. Determine whether to establish incentives by December 2026. If determined that incentives will be established, establish by December 2027.

4.02

Implement procedures applicable to inclusionary forsale units, such as the resale control mechanism, equity recapture, qualifications for subsequent buyers, and other relevant issues that are not listed in the inclusionary housing ordinance, to ensure ongoing affordability. For this planning period this will include creating an updated affordable housing agreement and setting up a program to administer and report on affordable units, including Inclusionary Units, and review regulations and guidance from other jurisdictions to implement best practices for administration of inclusionary units.

n/a 23

Update affordable housing agreement and review best practices from other jurisdictions by 2024; establish new administration and reporting program by 2025; ongoing

4.01

Establish a rehabilitation grant or reimbursement program to assist homeowners, particularly for mobile home park residents and lower-income households, with rehabilitation needs to provide weatherization, accessibility retrofits, or other rehabilitation services. In addition, announce the availability of such funds through noticing on the City’s website, local government access channel, through several display ads, advertisements at the Benicia Library, and at the Planning Counter. Also, create and provide flyers to the Community Action Council, Benicia Housing Authority, and other affordable housing affiliates.

Assist 40 units citywide with rehabilitation opportunities and reduce displacement and foster place-based revitalization during the planning period. POLICY 4.02: LIMIT THE CONVERSION OF RESIDENTIAL STRUCTURES TO NON-RESIDENTIAL USES AND AFFORDABLE UNITS TO MARKET-RATE.

Establish new program by 2025. Annually review existing available resources and apply, as needed, for additional state funding.

4.04

Work with the owners of the mobile home parks to determine future plans and the feasibility of continuing mobile home park use. The City will work with the owners to ensure maintenance, upkeep, and compliance with State regulations. If appropriate, the City will assist the owner in accessing state or federal funds for improvements to substandard or dilapidated parks and units or in converting the park to resident ownership. Maintaining affordable units in mobile homes parks will be a priority of the City in order to reduce displacement risk and maintain the existing stock of affordable housing while facilitating place-based revitalization. The City will also continue to implement its mobile home park conversion ordinance to ensure that any conversion of a mobile home park is preceded with adequate notice and relocation assistance. A relocation plan must be submitted to the Planning Commission for approval as part of the application for conversion.

Work with owners of mobile home parks to maintain 238 units of affordable housing to prevent displacement of occupants.

Contact owners annually

1.06

To address the 2023–2031 Regional Housing Needs Allocation (RHNA), the City shall amend the General Plan and the Zoning Ordinance, as needed, and as detailed in Chapter III, Sites Inventory and Analysis, to provide adequate site(s) including allowing 20 dwelling units per acre or greater on sites that have been assigned units that address the lower-income RHNA. There will be no minimum density on these sites. The City intends to amend the General Plan Land Use map and text, as well as the Zoning Ordinance and zoning map as part of this program, for the Assessor’s Parcel Numbers (APNs) listed in Appendix E, Table B of this Housing Element. This will include changing General Plan and zoning density and text as needed to allow for the increased densities through rezoning. An overlay zone, adopted on January 24, 2023, has addressed the zoning changes needed for some of the sites as shown in Figure 3.1 of Chapter III, Sites Inventory and Analysis. Some of the requirements of this program will be achieved through inclusion of new or revised development standards or updates to processes and procedures in the Zoning Ordinance to address constraints identified in this Housing Element and facilitate increased densities, particularly in areas of concentrated affluence and where there are existing single-family homes. The types of standards and processes that will need revising include height limits, private open space standards, and findings for design review. Specifically, these changes include: • Allow residential uses on the ground floor on commercially zoned sites included in the Housing Element through the housing overlay. • Examining maximum building heights in the Downtown zones and increase them to allow three-story buildings. • Review and revise development standards, as needed, to reduce any barriers to construction of a greater range of housing types within neighborhoods, particularly in areas of concentrated affluence and where there are existing single-family homes. • Update the design review findings to be objective. • Update the zoning regulations to specify that "A mixed use or multifamily housing development application that is consistent with the Objective Planning and Design Standards, as provided in section 17.70.430, shall be deemed consistent with the required findings.” • Update objective standards for clarification of scenic views and vistas citywide at the same level of detail as those already adopted for the Arsenal. • Increase the lot coverage standard from 40% to 45% for opportunity sites in the RS District. Some of the sites addressed in this program have been included in one or more programs to address the lower-income RHNA and are also addressed by Program 1.07

Facilitate opportunities for 565 lower-income units, 470 moderate-income units, 541 above moderate-income units, for a total of 1,576 units through redesignation and rezoning/zoning text amendments to promote the creation of housing in the CC, CO, CW, and Downtown zones to improve housing mobility, reduce displacement risk, reduce concentration of poverty and lower-income households, and increase the supply of affordable housing in higher opportunity and higherincome areas.

Changes to General Plan and zoning (except for the updates to objective standards) were completed on January 24, 2023. Changes to the objective planning standards for clarification of scenic 10 views and vistas will be completed by December 31, 2025.

3.06

The City shall prioritize the creation of housing that includes units for persons with disabilities, including developmental disabilities, in areas with access to transit, services and amenities to reduce displacement risk for this population and facilitate mobility. Currently, rental assistance programs for those with disabilities are in place with the Family Resource Center and Benicia Housing Authority. A repairs program is also operated by the Benicia Housing Authority to reduce displacement risk. The City will continue to work with disability service providers to identify and address gaps in housing that meets the special needs of persons with disabilities. Generally, such models could include the following: (a) coordinating with the North Bay Regional Center, North Bay Housing Coalition, and other local agencies to pursue funding to maintain housing affordability for persons with disabilities, including developmental disabilities; (b) encourage affordable housing projects to dedicate a percentage of housing for disabled individuals; (c) assisting in providing housing services that educate, advocate, inform, and assist persons with disabilities to locate and maintain housing; and (e) assisting in the maintenance and repair of housing for persons with developmental disabilities.

30 units that are accessible to residents with disabilities during the planning period.

Ongoing; Meet with service providers by December 2023 to discuss strategies to improve outreach and service capacity. Implement those strategies, as identified, within the planning period.

1.15

To create additional opportunities for infill development and affordable housing, the City will 13 help facilitate lot consolidations to combine small lots identified as part of a larger site in the Housing Element (including lots on slopes) into larger developable lots for housing. The City will meet with local developers and property owners to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and consider additional incentives brought forth by developers. As developers/owners approach the City with interest in lot consolidation for the development of affordable housing, the City could defer certain fees, allow more height or additional stories, waive lot merger fees for certain small contiguous lots, and provide concurrent/fast tracking of project application reviews to developers who provide affordable housing. By 2025, the City will review the effectiveness of this program and revise as appropriate. The City will also evaluate grant funding for parcel assemblage land banking when it is available.

Support 5 lot consolidations during the planning period to improve housing mobility, reduce displacement risk, and increase the supply of affordable housing in higher opportunity areas. Approval of more applications to merge parcels that result in feasible sites for multifamily housing during the planning period.

Meet with developers and property owners starting in 2023 and annually thereafter. Based on the meetings with developers and property owners, add incentives as appropriate within six months, and again each year after every annual meeting occurs. Ongoing: Support consolidation as applicable housing applications are received; Pursue grant funding during planning period if California legislation and/or programs enable a taxincrement or similar program that leads to funding for site assembly.

3.02

Pursuant to the Fair Housing Amendments Act of 1988 and the requirements of Chapter 671, Statues of 2001 (Senate Bill 520), the City adopted a reasonable accommodation ordinance addressing rules, policies, practices, and procedures that may be necessary to ensure equal access to housing for those with disabilities. The City will review and update the reasonable accommodation procedure findings in Chapter 17.132 of the Zoning Ordinance for constraints and conflicts with State law. Specifically, the following two findings for approval of a reasonable accommodation request will be reviewed and updated if needed: 1. There are no other reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards, and practices. 2. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. The City promotes its reasonable accommodations procedures with a handout on its website.

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Evaluate findings and update zoning by December 2024.

1.14

Continue to reduce the cost of providing affordable housing and therefore increase the supply of new affordable opportunities, particularly in higher resource areas: • The City processes applications for eligible affordable housing projects within the timeframes specified in Government Code Section 65913.4(c). The City will continue to implement the City’s streamlined review process for projects eligible for SB 35 streamlining. The City will also provide training on SB 35 to the Planning Commission and City Council every two years if the City is subject to SB 35. The City also enforces SB 330 to comply with State law; and • Annually, update the permit fee schedule in relation to the consumer price index; and • Defer, waive, or reduce certain development fees, portions of fees, or combinations of fees for the affordable portion of any project. Benicia will promote these incentives to developers on the City’s website (www.ci.benicia.ca.us) and during the application process.

20 extremely low-, very low-, or low-income units

Ongoing. Provide SB 35 training to Planning Commission and City Council every two years beginning in 2024 if the City is subject to SB 35.

4.03

Pursuant to Assembly Bill (AB) 1521, the City will monitor the list of all dwellings in Benicia that are subsidized by government funding or low-income housing developed through local regulations or incentives. The list will include, at a minimum, the number of units, the type of government program, and the date on which the units are at risk to convert to market-rate dwellings. There have been 24 units (see Analysis of At-Risk Housing section in Regional Housing Needs Assessment) identified as at risk of converting to market rate within 10 years of the beginning of the 6th round Housing Element planning period. The list will include, at a minimum, the project address; number of deed-restricted units, including affordability levels; associated government program; date of completion/ occupancy; and the date on which the units are at risk to convert to market rate. The City will work to reduce the potential conversion of any units to market rate to reduce the potential for displacement and placement of additional constraints on the existing affordable housing stock through the following actions: • Monitor the status of affordable projects, rental projects, and manufactured homes in Benicia. Should the property owners indicate the desire to convert properties, consider providing technical and financial assistance, when possible, to incentivize long-term affordability. • If conversion of units is likely, work with local service providers as appropriate to seek funding to subsidize the at-risk units in a way that mirrors the HUD Housing Choice Voucher (Section 8) program. Funding sources may include state or local funding sources to reduce potential for displacement of residents. Pursuant to State law (Government Code Sections 65853.10, 65863.11, and 65863.13), owners of deedrestricted affordable projects are required to provide notice of restrictions that are expiring to all prospective tenants, existing tenants, and the City within 3 years, 12 months, and 6 months before the scheduled expiration of rental restrictions. In addition, the City or owner will provide notice to HUD, HCD, and the local legal aid organization. Owners shall also refer tenants of at-risk units to educational resources regarding tenant rights and conversion procedures and information regarding Section 8 rent subsidies and any other affordable housing opportunities in the city. In addition, notice shall be required prior to conversion of any units to market rate for any additional deed-restricted lower-income units that were constructed with the aid of government funding, that were required by inclusionary zoning requirements that were part of a project granted a density bonus, or that were part of a project that received other incentives. If a development is offered for sale, HCD must certify persons or entities that are eligible to purchase the development and to receive notice of the pending sale. Placement on the eligibility list will be based on experience with affordable housing. When necessary, the City shall continue to work with property owners of deed-restricted affordable units who need to sell within 55 years of the unit’s initial sale. When the seller is unable to sell to an eligible buyer within a specified time period, equity-sharing provisions are established (pursuant to the affordable housing agreement for the property), whereby the difference between the affordable and market value is paid to the City to eliminate any incentive to sell the converted unit at market rate. Funds generated would then be used to develop additional affordable housing within the city. The City shall continue tracking all residential projects that include affordable housing to ensure that the affordability is maintained for at least 55 years for owner-occupied units and 55 years for rental units, and that any sale or change of ownership of these affordable units prior to satisfying the 45- or 55-year restriction shall be “rolled over” for another 45 or 55 years to protect “at-risk” units.

Continue to monitor the 24 assisted units, and if any become at risk, work with property owners to develop a strategy to provide assistance to maintain or replace 24 atrisk units as affordable to reduce potential for displacement of tenants and loss of affordable housing stock in the city.

Ongoing communication with owners, service providers, and eligible potential purchasers; work with owners of deedrestricted units on an ongoing basis, in particular at the time of change of ownership. 24

1.08

To facilitate subdivision of large sites, update Title 16, Subdivisions, of the Municipal Code to provide objective standards for subdivisions and streamline the parcel map requirements and review process.

112 lower-income units on large sites, encouraging at least 30 of these in areas of concentrated affluence to promote housing mobility.

Update the Subdivision Ordinance by December 2024

2.02

As part of its next General Plan update, the City shall build on the work completed in the Eastern Gateway Study to continue to work to establish efficient land use and development patterns that conserve resources, such as fuel, water, and land, and allow for higher-density development in the vicinity of major transit nodes, set forth pedestrianoriented development patterns, and preserve open space areas in an effort to promote healthy environmental and living conditions with improved access to resources.

n/a

During the next comprehensive update of Benicia’s General Plan.

6.05

Continue to expand digital outreach and education through comprehensive web-based resources and regular electronic newsletters.

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Ongoing

2.06

The City shall amend the Zoning Ordinance to eliminate the discretionary design review requirement for mixed use and multifamily housing of up to 4 residential units citywide, outside of a historic district. This will expand ministerial review of missing middle housing and facilitate housing mobility on sites in the Housing Element inventory. In addition, this change will more broadly apply in the medium and high density residential districts and the Community Commercial and Office Commercial districts, which permit multifamily housing above the ground floor. Adopt an ordinance to increase the permitted residential density of single family (RS) parcels (“upzone”) to fifteen dwelling units per acre for sites located adjacent to minor arterial roadways in Census Tracts 2521.4, 2521.5, 2521.6, and 2521.7 (Rose Drive, Cambridge Drive, Hastings Drive, Panorama Drive, Chelsea Hills Drive) . Establish objective development standards to facilitate maximum densities. The ordinance will include a map demarcating the parcels subject to this upzoning. In addition, develop a fair housing factsheet to be included in the SB 9 application packet, emphasizing the fair housing responsibility of being a landlord, including compliance with the source of income protection. Develop outreach materials to educate the community regarding SB 9 opportunities, particularly in higher resource neighborhoods. Distribute materials through social media and other platforms.

Achieve 10 SB 9 permits during the planning period. Adopt an ordinance to increase baseline density with an upper density range of 15 du/acre, housing choices and affordability in low density residential areas targeting Census Tracts 2521.4, 2521.5, 2521.6, and 2521.7 (Rose Drive, Cambridge Drive, Hastings Drive, Panorama Drive, Chelsea Hills Drive) with a target of 50 units in the planning period.

Amend zoning by December 31, 2023. Develop SB 9 fair housing fact sheet by June 2024. Develop outreach materials regarding SB 9 opportunities by December 2024. Adopt ordinance upzoning low density residential sites by January 31, 2026. 18

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