1000 Friends Protecting Historic Benicia v. City of Benicia CA1/3

BACKGROUND

The City contains remnants of the “U.S. Benicia Arsenal,” originally used as a military reserve in the 1800s. It was later named the Benicia Arsenal Historic District (Arsenal District), listed in the National Register of Historic Places, and designated as a California state historical landmark. The Arsenal District is comprised of three clusters of historic buildings. One is the Officers’ Row, which consists of several buildings — such as a fortress overlooking the Carquinez Strait, a commander’s residence, and three additional officers’ residences — in a straight line along Jefferson Street. It also contains a former parade ground, described as open space, and stairways. In 2017, the Legislature enacted Senate Bill No. 35 (2017–2018 Reg. Sess.), authorizing applicants who propose multifamily housing development that satisfies certain planning objectives to pursue a ministerial approval process and excusing them from a seeking a conditional use permit — a permit using zoning and planning principles but for which approval is discretionary. (Stats. 2017, ch. 366, § 3, eff. Jan. 1, 2018; § 65913.4, subd. (a); McCorkle Eastside Neighborhood Group v. City of St. Helena…