Benicia City Zoning Code

Regulations, known as the zoning regulations, establishing various classes of zoning districts and governing the use of land and the placement of buildings and improvements within districts;

A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the city.

Provide a precise guide for the physical development of the city in order to:

Promote the economic stability of existing land uses that are consistent with the general plan and protect them from intrusions by inharmonious or harmful land uses;

Prevent excessive population densities and overcrowding of land or buildings;

Ensure the provision of adequate open space for light, air, and fire safety;

Permit the development of office, commercial, industrial, and related land uses that are consistent with the general plan, in order to strengthen the city's economic base;

Conserve and enhance the city's architectural and cultural resources;

Conserve and enhance key visual features of Benicia's setting, including the shoreline and undeveloped hillsides and ridgelines, consistent with the general plan;

Require the provision of adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system;

Ensure that service demands of new development will not exceed the capacities of existing streets, utilities, or public services.

Structure of Regulations. The zoning regulations are divided into five divisions:

Types of Regulations. Three types of zoning regulations control the use and development of property:

Applicability to Property. Zoning regulations shall apply to all land within the city of Benicia, including land owned by the city and other local, state or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.

Relation to Streets and Rights-of-Way. Public streets, utilities, and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary. The permitted use of such streets, utilities and rights-of-way shall be construed to include those uses and improvements necessary for vehicular transportation, pedestrian and bicycle ways, or other related purposes to serve the general public. Private or proprietary use of such land, irrespective of whether it is permitted by the underlying zoning district, shall be permitted only in accordance with the other applicable provisions and permitting requirements of this municipal code.

Compliance with Regulations. No land shall be used and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this title.

Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance.

Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.

Requests for Notice. Where this title requires that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the development services director and shall be subject to the applicable fees set to cover mailing costs pursuant to BMC § 17.100.070. A request for mailing of a single notice of a single decision shall not require payment of a fee.

Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title.

Relation to Private Agreements. This title shall not interfere with or annul any easement, covenant, or other agreement now in effect; provided, that where this title imposes a greater restriction than imposed by an easement, covenant, or agreement, this title shall control.

Relation to Prior Ordinance. The provisions of this title supersede Ordinance 1261 M.C. (1970), as amended, of the city, except that no provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of Ordinance 1261 M.C. (1970), as amended, unless specifically authorized by this title.

Zoning of Annexed Land. The development services director shall conduct a study to determine the most appropriate general plan designation for land proposed for annexation to the city, and shall recommend prezoning consistent with the general plan designation. If prezoning is approved by the planning commission and the city council, the zoning shall become effective upon annexation.

Application During Local Emergency. The city council may authorize deviations from any provision of this title during a local emergency declared and ratified pursuant to Chapter 2.64 BMC. Such deviations shall be authorized by resolution of the city council, without notice or public hearing.

Severability. If any section, subsection, sentence, or phase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this title would be declared invalid or unconstitutional.

Nondiscrimination. In the administration of its zoning and land use policies regarding homeless shelters, transitional housing, supportive housing or other housing designed to assist homeless persons or persons with special needs, the city shall comply with all applicable state and federal fair housing laws, including, but not limited to, applicable provisions of the Federal Fair Housing Act, 42 U.S.C. Section 3601, et seq. as amended by the Fair Housing Amendments Act, the Americans with Disabilities Act, 42 U.S.C. Section 12117, the California Fair Employment and Housing Act, Government Code Section 12950 et seq., the Unruh Act, Civil Code Section 51 and Government Code Sections 65008 and 65589.5.

Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letter designators:

Establishment of Base Zoning Districts.

Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

References to Classes of Base Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts.

Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the development services director shall determine the intent of the provision.

Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

Appeals. An interpretation of the zoning regulations or zoning map by the development services director may be appealed to the planning commission, as provided in Chapter 1.44 BMC.

References to Other Laws and Regulations. Whenever reference is made to a law or regulation, including definitions contained therein, it will be construed as a reference to the most recent edition of such law or regulation, unless specifically stated.

Approved Projects.

The particular shall control the general.

Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

In case of conflict between the text and a diagram, the text shall control.

All references to departments, commissions, boards, or other public agencies are to those of the city of Benicia, unless otherwise indicated.

All references to public officials are to those of the city of Benicia, and include designated deputies of such officials, unless otherwise indicated.

All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.

Employee Housing. Shall have the meaning set forth in Health and Safety Code Section 17008(a)(1) as it currently exists or is hereinafter amended. As of the adoption of this section, "employee housing" means accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer.

Family Day Care, Large. Licensed home that provides nonmedical care and supervision for nine to 14 children on a less than 24-hour basis.

Family Day Care, Small. Licensed home that provides nonmedical care and supervision for eight or fewer children on a less than 24-hour basis.

Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, private residential clubs, and single-room-occupancy units.

Work/Live Quarters. An area comprised of one or more rooms or floors in a building originally designed for industrial or commercial occupancy that includes cooking space and sanitary facilities and working space for artists, artisans and similarly situated individuals.

Multifamily Residential. Two or more dwelling units on a site. This classification includes mobile homes and factory-built housing.

Residential Care, Limited. Twenty-four hour nonmedical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living.

Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes mobile homes and factory-built housing.

Supportive Housing. Housing with no limit on length of stay that is occupied by the target population and is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. The dwelling type is of the same type as that found within the zoning district.

Transitional Housing. Buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. The dwelling type is of the same type as that found within the zoning district.

Adult Businesses. A business based primarily upon materials or performances that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas," as defined in Chapter 17.12 BMC. This includes businesses regulated under Chapter 5.44 BMC.

Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

Animal Sales and Services.

Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes retail sales of paint and hardware, except as an accessory use to a lumber yard, and activities classified under "vehicle/equipment sales and services."

Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also "eating and drinking establishments.")

Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year.

Commercial Recreation and Entertainment, Indoor. Facilities providing indoor amusement, recreation or entertainment for a fee or admission charge. This classification includes theaters, bowling alleys, billiard parlors, ice/roller skating rinks, play centers, game arcades (video games, pinball, etc.), indoor sports practice and training (e.g., batting cages), indoor archery or shooting galleries. This use classification does not include adult businesses, nor any establishment engaged in gambling or betting.

Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding "Utilities (Major)." This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.

Conference and Meeting Facilities. Facilities providing indoor and/or outdoor event space for conferences, meetings, weddings, banquets, luncheons or similar events on a commercial basis.

Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises, not including cannabis or cannabis products.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption, not including cannabis or cannabis products. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as "catering services" or "eating and drinking establishments."

Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.

Health/Fitness Facilities. Establishments primarily engaged in providing physical fitness services, exercise equipment, and related activities for the improvement or maintenance of physical health and well-being. This classification includes gyms, health clubs, yoga studios, and similar establishments offering exercise classes, personal training, cardiovascular equipment, weight training equipment, and other fitness-related services.

Horticulture, Limited. The raising of vegetables, flowers, ornamental trees and shrubs, not including cannabis, as a commercial enterprise; provided, that no nursery equipment or materials shall be stored and no structures erected. Commercial horticulture accessory to a dwelling unit shall be regulated as a home occupation.

Laboratories. Establishments providing medical or dental laboratory services, or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as "limited industry" or "cannabis testing laboratory."

Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, bicycle repair or building maintenance services. This classification excludes maintenance and repair of vehicles (see "vehicle/equipment repair") or boats or ships (see "marine sales and services").

Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats.

Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services, or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts.

Nurseries. Establishments in which all merchandise other than plants is kept within an encased building or fully screened enclosure, and fertilizer of any type is stored and sold in package form only. This use classification does not include cannabis.

Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, and pharmacies, eyeglass shops, and similar prescription-dispensing services as an accessory to a medical office complex, but excludes banks and savings and loan associations.

Outdoor Entertainment. Activities occurring outdoors that involve amplified or nonamplified noise for the enjoyment, recreation, or similar purpose of persons or patrons who are physically present at the location the noise originates. This definition includes, but is not limited to, live music and playing, broadcasting or mixing recorded music.

Pawn Shops. Establishments engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property.

Personal Improvement Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers.

Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding plants), and self-service laundries.

Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firms or pharmaceutical research laboratories, but excludes manufacturing, medical testing and analysis, and activities related to cannabis or cannabis products.

Retail Sales. The retail sale of merchandise not specifically listed under another use classification and not including cannabis or cannabis products. This classification includes department stores, clothing stores, and furniture stores and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).

Secondhand Appliance and Clothing Sales. The retail sale of used appliances and clothing. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.

Sports and Entertainment, Assembly. A facility that provides for indoor or outdoor spectator-oriented sports including sports stadiums, arenas, or tournament facilities; and outdoor amusement facilities such as amusement parks, mini-golf, etc.

Swap Meets, Recurring. Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of 48 hours, conducted by a sponsor on a more than twice yearly basis.

Truck Stop. A facility geared primarily to providing services for truckers, including on-site fueling, repair and servicing of freight trucks; restaurant facilities; restrooms; towing services; overnight accommodations and related services.

Vehicle/Equipment Sales and Services.

Visitor Accommodations.

Warehousing and Storage, Limited. Provision of storage space for household or commercial goods, not including cannabis or cannabis products, within an enclosed building. This classification includes mini-storage facilities but excludes "wholesaling, distribution and storage," and "vehicle storage."

Industry, Custom. Establishments primarily engaged in off-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment.

Industry, General. Manufacturing of products primarily from extracted or raw materials, or bulk storage and handling of such products and materials, not including cannabis or cannabis products. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, oil and gas refining, stonework and concrete products manufacture (excluding concrete ready-mix plants) within an enclosed building, and accessory power generation facilities of five megawatts or less in conjunction with a permitted use.

Industry, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials; and provision of industrial services; both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, cannabis, cannabis products, and "vehicle/equipment sales and services."

Industry, Research and Development. Establishments engaged in the theoretical or applied study, testing, engineering, product design, analysis and development of devices, products, processes, or services related to current or new technologies, not including cannabis or cannabis products. Research and development may include limited manufacturing, fabricating, processing, assembling or storage of prototypes, devices, compounds, products or materials, or similar related activities, where such activities are incidental to research, development, or evaluation. Examples of uses include, but are not limited to, computer software and hardware firms, computer peripherals and related products, electronic research firms, biotechnical and biomedical firms, instrument analysis, genomics, robotics, pharmaceuticals, and related educational development. Research and development may include the storage or use of hazardous materials not in excess of the maximum allowable quantities listed in the California Fire Code without a permit issued by the fire chief.

Industry, Technology. Establishments engaged in the creation, fabrication, processing, assembling, storage, manufacturing and/or service provision of products and/or processes, related to current or new technologies, not including cannabis or cannabis products. Examples of uses include, but are not limited to, computer software and hardware firms, computer peripherals and related products, electronic research firms, biotechnical and biomedical firms, instrument analysis, genomics, robotics, pharmaceuticals, and related educational development.

Port Terminals. Facilities for loading, unloading, transferring and storing raw or finished materials, and incidental freight between modes of transportation, not including cannabis or cannabis products. This classification includes the terminals themselves and directly related ancillary activities such as warehousing and other temporary storage, ship repairing, support transportation uses including trucking and railroad yards, freight forwarders, and government offices related to port activity.

Wholesaling, Distribution and Storage.

Animal Husbandry. Raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. Typical uses including grazing, ranching, dairy farming, and poultry farming.

Crop Production. Raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Cannabis cultivation is subject to the provisions of Chapter 17.84 BMC, Cannabis.

Mining and Processing. Places or plants primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil or gas, together with essential on-site processing and production of only nonmetallic mineral products. Typical places are borrow pits, quarries, oil and gas drilling rigs or concrete batch plants.

Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes accessory dwelling units, home-based businesses, and construction trailers.

Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days.

Christmas Tree Sales. Retail sale of Christmas trees between Thanksgiving and December 26th.

Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.

Commercial Filming, Limited. Commercial motion picture or video photography at the same location six or fewer days per quarter of a calendar year.

Personal Property Sales. Sales of personal property.

Religious Assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use, for a period of not more than 30 days.

Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business.

Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

Swap Meets, Nonrecurring. Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of 48 hours, conducted by a sponsor no more than twice in any year.

Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days.

Other Uses. Other uses of a clearly temporary nature as determined to be appropriate by the development services director.