Benicia, CA Zoning Ordinance

(Repealed by Ord. 15-02)

§ 17.24.010 Specific purposes.

In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of residential districts are to:

Provide appropriately located areas for residential development that are consistent with the general plan and with standards of public health and safety established by the municipal code;

Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects;

Promote development of housing affordable by low- and moderate-income households by providing a density bonus for projects in which a portion of the units are affordable for such households;

Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards;

Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multifamily development;

Achieve design compatibility with surrounding neighborhoods;

Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment;

Ensure the provision of public services and facilities needed to accommodate planned population densities.

The additional purposes of each R residential district are:

RS Single-Family Residential District. To provide opportunities for single-family residential land use, either in neighborhoods or in conjunction with agricultural pursuits, subject to appropriate standards. Duplexes, triplexes and fourplexes existing as of July 1, 1977, are allowed to remain, but all new residential construction shall be single-family dwellings or approved accessory structures.

RM Medium-Density Residential District. To provide opportunities for multiple residential uses with low land coverage, including older residences converted to duplexes and new townhouses or cluster housing with landscaped open space for residents' use.

RH High-Density Residential District. To provide opportunities for an intensive form of residential development, including apartments and townhouses with relatively high land coverage, at appropriate locations in the vicinity of First Street, along the waterfront, and near convenience commercial nodes at Southampton Road, East Fifth Street and West Seventh Street.

HZ Housing Opportunity Zone District. To provide an opportunity for high density multiple family residential development at higher land coverage and density than other residential districts in close proximity to stores, services, schools, and public transportation.

(Ord. 87-4 N.S., 1987; Ord. 25-02 § 1)

§ 17.24.020 RS, RM, RH and HZ districts – Land use regulations.

In the following schedules, the letter "P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of a use permit, as provided in Chapter 17.104 BMC. The letters "P/U" designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to the "Additional Use Regulations" following the schedule.

Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.

RS, RM, RH and HZ Districts: Land Use Regulations
P – Permitted U – Use Permit L – Limited (See "Additional Use Regulations") – – Not Permitted
	RS	RM	RH	HZ	Additional Regulations
Residential					(A)
Family Day Care, Large	P	P	P	P
Family Day Care, Small	P	P	P	P
Group Residential	–	U	U	U	L-1
Multifamily Residential	–	P	P	P	L-1
Residential Care, Limited	P	P	P	P	L-1
Single-Family Residential	P	P	P	–	L-1
Supportive Housing	P	P	P	P	L-1
Transitional Housing	P	P	P	P	L-1
Commercial Uses
Conference and Meeting Facilities	U	U	U	–
Eating and Drinking Establishments	–	–	–	P	L-2
Food and Beverage Sales	–	–	–	P	L-2
Horticulture, Limited	U	U	U	U	L-3
Personal Services	–	–	–	P	L-2
Public and Semipublic
Adult Day Health Care	U	U	U	U
Bed and Breakfast Inns	U	U	U	–	L-4
Clubs and Lodges	U	U	U	U	L-5
Convalescent Facilities	–	U	U	U
Cultural Institutions	–	U	U	U
Day Care Center	P	P	P	P	L-2, L-6
Emergency Shelter	–	P	–	–	(B)
Park and Recreation Facilities	P	P	P	P	L-7
Public Safety Facilities	U	U	U	U
Religious Assembly	U	U	U	U
Residential Care, General	P	P	P	P
Schools, Public or Private	U	U	U	–
Utilities, Major	–	–	–	–
Waste Facility	–	–	–	–
Utilities, Minor	P	P	P	P
Accessory Uses	P/U	P/U	P/U	P/U
Accessory Dwelling Unit	P	P	P	P	(C)
Cottage Food Operations	P	P	P	P	(D)
Donation and Collection Bins	P	P	P	P	L-8, (E)
Home-Based Businesses	P	P	P	P	(D)
Short-Term Rentals	P	P	P	P	(F)
Temporary Uses
Commercial Filming, Limited	P	P	P	P
Personal Property Sales	P	P	P	P
Street Fairs	U	U	U	U
Nonconforming	–	–	–	–	(G)
Other Uses
Cultivation of Cannabis for Personal Use, Indoors or Outdoors (Residential Cultivation of Cannabis)	P	P	P	P	(H)

RS, RM, RH and HZ: Additional Use Regulations
L-1 Residential use shall be allowed by right for housing development projects on vacant sites designated in two consecutive prior housing elements and nonvacant sites designated in one prior housing element, as described in Chapter III, Sites Inventory, and shown in Appendix D, Table A of the housing element, pursuant to California Government Code Section 65583.2(i) where at least 20 percent of units are provided as affordable to extremely low-, very low- or low-income households.
L-2 In the HZ district, uses are permitted on the ground floor of multifamily residential buildings when not exceeding 20 percent of gross floor area.
L-3 Use permit required, and no on-site retail sales permitted. Shall not include cannabis cultivation.
L-4 Development services director use permit required.
L-5 In the RS district, only youth centers may be permitted with approval of a use permit, if operated by a public or non-profit organization and located within a half-mile of a secondary school.
L-6 In the RS and RM districts, a day care center is a permitted use only when operated on the grounds within the facilities of a duly permitted religious assembly or school.
L-7 Limited to facilities on sites of fewer than two acres. Use permit required for private noncommercial facilities, including swim clubs and tennis clubs.
L-8 Only permitted when accessory to a duly permitted club, lodge, cultural institution, religious assembly or school.
(A) See BMC § 17.70.300, Animals.
(B) See BMC § 17.90.060, Emergency shelter.
(C) See BMC § 17.90.020, Accessory dwelling units and junior accessory dwelling units.
(D) See BMC § 17.70.370, Cottage food operations, and BMC § 17.70.070, Home-based businesses.
(E) See BMC § 17.70.410, Donation and collection bins.
(F) See BMC § 17.70.450, Short-term rentals.
(G) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(H) See Chapter 17.84 BMC, Cannabis.

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 14, 1989; Ord. 92-15 N.S. § 6, 1992; Ord. 92-18 N.S. § 6, 1993; Ord. 99-1 N.S.; Ord. 11-02 § 3; Ord. 11-04 § 3; Ord. 13-06 § 3; Ord. 14-11 § 4; Ord. 15-02 § 2; Ord. 16-01 § 7; Ord. 16-09 § 1; Ord. 18-05 §§ 18, 19, 21; Ord. 19-04 § 2; Ord. 22-07 § 4; Ord. 23-03 § 2; Ord. 24-01 § 4; Ord. 25-02 § 2; Ord. 25-09 § 9; Ord. 25-12 § 12)

§ 17.24.030 RS, RM, RH and HZ districts – Property development regulations.

The following schedules prescribe development regulations for residential districts. The first four columns establish basic requirements for permitted and conditional uses; letters in parentheses in the "Additional Regulations" column refer to the "Additional Development Regulations" following the schedule.

RS, RM, RH and HZ Districts: Property Development Regulations
	Districts				Additional Regulations
	RS	RM	RH	HZ	(T)
Site Area per Unit (sq. ft.)	6,000	3,000	2,000	580
With density bonus for:
Low- or Moderate-Income Housing	4,800	2,400	1,600	–	(A)
Elderly Housing	–	2,000	1,300	–	(A)
Low-Income Elderly Housing	–	1,500	1,000	–	(A)
Minimum Site Area (sq. ft.)	6,000	6,000	7,500	20,000	(B)(C)(D)
Minimum Site Width (ft.)	60	60	60	60	(R)(S)
Minimum Yards:
Front (ft.)	20	20	20	10	(E)(F)
Side (ft.)	5	6; 10	6; 10	10	(E)(G)(H)
Corner Side (ft.)	10	15	15	10	(E)
Rear (ft.)	15	15	15	15	(E)(G)
Courts					(I)
Maximum Height (ft.)	30	35	35	72	(J)(K)(U)
Maximum Coverage	40%	45%	50%	75%
Maximum Nonresidential (FAR)	0.4	0.45	0.5	–	(L)
Open Space					(M)
Minimum Site Landscaping	35%	30%	30%	10%	(N)(O)
Fences and Walls					(P)
Off-Street Parking and Loading					(Q)
Signs	See Chapter 17.78 BMC
Relocated Buildings	See BMC § 17.70.020
Accessory Structures	See BMC § 17.70.050 and § 17.74.190
Swimming Pools and Hot Tubs	See BMC § 17.70.080
Outdoor Facilities	See BMC § 17.70.200, Outdoor facilities, and BMC § 17.70.250, Satellite antennas and microwave equipment
Screening of Mechanical Equipment	See BMC § 17.70.210 and § 17.70.250
Refuse Storage Areas	See BMC § 17.70.220
Underground Utilities	See BMC § 17.70.230
Performance Standards	See BMC § 17.70.240
Nonconforming Structures	See Chapter 17.98 BMC

RS, RM, RH and HZ Districts: Additional Development Regulations
(A) See BMC § 17.90.030, Affordable housing density bonus.
(B) See BMC § 17.70.130, Development on substandard lots.
(C) See BMC § 17.70.140, Development on lots divided by district boundaries.
(D) The minimum site area shall be 12,000 square feet for use classifications requiring a use permit; see BMC § 17.24.020.
(E) Permitted Projections into Required Yards.
(1) In All Districts. See BMC § 17.70.150, Building projections into yards and courts.
(2) Accessory Structures. See BMC § 17.70.050, Accessory uses and structures; BMC § 17.90.020, Accessory dwelling units and junior accessory dwelling units; and BMC § 17.74.190, Vehicle parking – Design and location in R districts.
(F) See BMC § 17.70.160, Front yards in R districts.
(G) Building Height and Required Yards. The width of a required interior side or rear yard adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, shall be increased five feet over the basic requirement.
(G) BUILDING HEIGHT AND REQUIRED YARDS (The diagram is illustrative)
(H) In the RM and RH districts, the average yard width shall be 10 feet, and the minimum width six feet.
(I) Courts Opposite Windows (RM and RH Districts).
(1) Opposite Living Room Windows. The minimum width of a court opposite a living room window shall equal the height of the opposite wall, but shall not be less than 20 feet if there is a required window of a habitable room in the opposite wall.
(2) Opposite Other Habitable Rooms. The minimum width of a court opposite a window of a habitable room other than a living room shall be 14 feet if there is a required window of a habitable room in the opposite wall.
(3) Dimensions of Courts. Required courts shall extend horizontally 20 feet in both directions from the vertical centerline of a required window, and shall extend upward from the window sill.
(J) COURTS OPPOSITE WINDOWS (The diagram is illustrative)
(J) See BMC § 17.70.180, Exceptions to height limits.
(K) Any structure constructed in any Benicia residential area (R district) located west of First Street, and further located within the first 150 feet of the shoreline behind the highest tide mark, shall not exceed 24 feet in height (two stories). The height measurement of the structure shall be the maximum vertical dimension measured from the lowest outside surface ground contact with the structure perimeter to the highest structure point. If the structure is to be built upon fill placed on the site after April 10, 1980, the 24-foot dimension shall include the average depth of fill at the structure perimeter. Pursuant to California Elections Code Section 4013, this requirement shall not be repealed or amended except by a vote of the people. If any portion of a structure is located within the first 150 feet of the shoreline behind the highest tide mark, the whole structure shall conform with the 24-foot height limit.
(K) HEIGHT MEASUREMENTS IN R DISTRICTS WEST OF FIRST STREET (The diagram is illustrative)
(L) In the RM and RH districts up to 10 percent additional floor area may be allowed for mixed-use projects with 25 percent affordable residential units; see BMC § 17.90.030.
(M) Open Space.
(1) Basic Requirement. Total open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. In the HZ district, units with at least 36 square feet of private open space (e.g., balconies, courtyards) are excluded from the required open space calculation, whether private or shared.
(2) Private Open Space. Private open space meeting a portion of the requirement shall be on patios or balconies within which a horizontal rectangle has no dimension less than six feet.
(3) Shared Open Space, Outside. Shared open space, provided by nonstreet side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas, or area required for front or street side yards.
(4) Shared Open Space, Inside. Shared interior open space, provided by gymnasiums, common rooms and lobbies, shall be designed so that a cube within it has no dimension less than 10 feet, shall not include corridors or stairwells, and shall not consist of more than 10 percent of the required open space.
(N) Planting Areas.
(1) Yards Adjoining Streets. All visible portions of a required yard adjoining a street shall be planting area or hardscape that includes parking areas, driveways and walks, as well as areas covered by ornamental gravel, crushed rock or similar materials.
(2) Interior Yards. In the RM, RH, and HZ districts, at least 50 percent of each required interior side yard and rear yard shall be planting areas having a minimum width of five feet adjoining a side or rear property line; provided, that the width of a required planting area may be reduced to two feet in one side or rear yard adjoining a driveway and an accessory structure may occupy a portion of the planting area in a rear yard.
(3) Notwithstanding subsection (N)(2) of this section, a continuous planting area having a minimum width of five feet shall adjoin an RS district.
(O) See BMC § 17.70.190, Landscaping, irrigation, and hydroseeding.
(P) Fences and Walls. The maximum heights of a fence or wall shall be six feet except within 15 feet of the front property line abutting a street, where the maximum height shall be three feet. In addition, all fences and walls shall be subject to the driveway and intersection visibility requirements of BMC § 17.74.150. For reversed corner lots, a fence placed on the rear and side property lines may be six feet in height; provided, that the driveway visibility requirements of BMC § 17.74.150 are met. Where the difference in elevation between two adjacent lots is more than 10 feet, the maximum height shall be three feet to protect views from the upper lot, unless the development services director approves a higher height. The director's decision shall be subject to appeal to the planning commission under the provisions of Chapter 1.44 BMC.
(Q) No portion of a driveway located in a front setback area shall be used for required parking. See Chapter 17.74 BMC, Off-Street Parking and Loading Regulations.
(R) Reduction of Lot Width. In an RS district, the development services director may approve a tentative parcel map containing up to four lots, and the planning commission may approve a tentative subdivision with five or more lots, with lot widths of less than 60 feet, but not less than 50 feet, if the following criteria are met:
(1) The applicant shall provide documented evidence to the planning commission or development services director that property within 300 feet of the original parcel is developed or subdivided; and
(2) The applicant shall provide documented evidence of the existing lot width of properties within 300 feet of the original parcel. Minimum lot width of new parcels shall be the average of all lot widths within the 300 feet comparison area, or at least 50 feet wide, whichever is greater; and
(3) The applicant must show that the land falls naturally into a pattern of lots containing less than 60-foot lot widths; and
(4) Flag lots shall comply with subsection (S) of this section, Flag Lots; and
(5) The reduction of lot width will not be detrimental to the public welfare nor injurious to other property in the vicinity; and
(6) The planning commission or development services director must be satisfied that the applicant has not sold or transferred land, or taken any other steps to create the artificial result that the lot or lots will not meet the 60-foot lot width requirement. The planning commission or development services director may attach additional requirements to the subdivision to ensure that the reduction in lot width is not injurious to property or detrimental to the public welfare, such as by providing for adequate distance between buildings and between driveways. The criteria above shall be incorporated into the findings of approval for any such subdivision.
(S) Flag Lots. A tentative parcel map with four or fewer lots that contains up to two flag lots in the RS district may be approved, if the following criteria are met:
(1) Parcel map and flag lot configuration shall require planning commission review and approval;
(2) The original parcel's shape, location or topography creates areas that could be developed with a residence that would not front on public streets;
(3) The portion of the lot providing the access corridor shall not be counted towards meeting minimum lot size requirements for the flag lot;
(4) Flag lot shall have a minimum street frontage of 25 feet;
(5) Driveway accessing flag lot shall be paved with a minimum 16-foot width to access one lot;
(6) Up to two lots may be accessed via one access driveway, provided the street frontage is increased to 30 feet and the paved driveway is increased to 19 feet;
(7) Width of lot shall measure at least 60 feet where the access corridor ends;
(8) Side and rear yard setbacks for flag lot and adjoining lots shall be measured from the access corridor;
(9) Front yard setback for flag lots shall be measured from where the access corridor ends;
(10) The development services director shall be satisfied the applicant has not sold or transferred land, or taken any other steps to create the artificial result that the original parcel is shaped irregularly; and
(11) Further subdivision of flag lots shall not be allowed. The planning commission may attach additional requirements to the parcel map to ensure that the creation of a flag lot is not injurious to property or detrimental to the public welfare. The criteria above shall be incorporated into the findings of approval for any such subdivision.
(T) Additional design standards are required for all housing projects in the housing opportunity sites (HOS) overlay district pursuant to Chapter 17.64 BMC, Housing Opportunity Sites Overlay District.
(U) Upper Story Massing. In the HZ district, a third story must be stepped back from the primary street at least 10 feet for a minimum of 35 percent of the facade length. Recessed area may be used as a balcony, terrace, or other usable open space.
(V) See BMC § 17.70.040, Religious assembly yard requirements.

(Ord. 87-4 N.S., 1987; Ord. 88-7 N.S. § 4, 1988; Ord. 89-1 N.S. §§ 15 – 18, 1989; Ord. 92-7 N.S. § 1, 1992; Ord. 92-9 N.S. § 6, 1992; Ord. 92-15 § 7, 1992; Ord. 06-08 § 1; Ord. 06-09 § 1; Ord. 11-04 § 4; Ord. 21-01 § 3; Ord. 25-02 § 3; Ord. 25-09 §§ 4, 10; Ord. 25-12 § 12)

§ 17.24.040 Review of plans.

Certain projects shall require design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).

Multifamily residential, transitional housing, and supportive housing development projects are subject to the city's objective planning and design standards for mixed use residential and multifamily development. (See BMC § 17.90.070, Objective design standards.)

(Ord. 87-4 N.S., 1987; Ord. 21-09 § 2; Ord. 25-12 § 12)

§ 17.26.010 Districts – Purpose.

General. The purpose of the mixed use districts is to:

Ensure that new development enhances Benicia's unique sense of place and quality of life;

Promote sustainable development patterns through infill development and the development of vacant parcels and underutilized properties;

Encourage a mix of residential and commercial uses to promote transportation alternatives, including walking, biking, and transit;

Encourage the production of new housing, including housing for seniors, affordable housing, and housing for artists;

Create a safe, active, and welcoming environment for pedestrians;

Accommodate a diversity of neighborhood-serving businesses, including restaurants, retailers, and personal services; and

Ensure high-quality development that is carefully designed to fit into and complement its surrounding context.

Specific.

Mixed Use Infill (MU-I) District. In addition to the general purpose in subsection (A) of this section (General), the specific purpose of the MU-I district is to:

Encourage mixed use development to accommodate additional housing while maintaining a critical mass of commercial uses within the district;

Provide for a mixed use activity center for the use and enjoyment of district residents and surrounding neighborhood;

Create a lively, pedestrian-friendly public realm with active ground-floor uses facing the street;

Encourage development that provides community benefits, such as public open space, publicly available parking, infrastructure improvements, and public art; and

Minimize negative impacts on neighboring residential uses, including impacts related to building mass and scale, light/shade, and privacy.

Mixed Use Limited (MU-L) District. In addition to the general purpose in subsection (A) of this section (General), the specific purpose of the MU-L district is to:

Provide locations for new housing in proximity to stores, services, and public transportation;

Facilitate production of housing across a range of housing types, including single-family homes, duplexes, townhomes, and smaller multifamily buildings;

Allow for small-scale neighborhood-serving commercial uses as part of mixed use residential development; and

Ensure that the scale and character of new development is compatible with existing residential uses within and adjacent to the district.

(Ord. 22-03 § 3)

§ 17.26.020 Mixed use infill (MU-I) district.

Land Use Regulations.

Allowed Uses and Permits Required. Table 17.26-1 establishes allowed land uses and permits required in the MU-I district. If a land use identified in Chapter 17.16 BMC is not listed in Table 17.26-1, the use is not permitted in the MU-I district.

Table 17.26-1: MU-I Allowed Uses and Permits Required
Land Use	MU-1	Additional Regulations
Residential Uses		(A)
Family Day Care, Large	P
Family Day Care, Small	P	L-1
Group Residential	P	L-1
Work/Live Quarters	P	L-1
Multifamily Residential	P	L-1
Residential Care, Limited	P	L-1
Supportive Housing	P	L-1
Transitional Housing	P	L-1
Public and Semipublic Uses
Adult Day Health Care	U
Clubs and Lodges	P	L-1
Convalescent Facilities	P	L-1
Cultural Institutions	P
Day Care Center	U
Emergency Shelter	P	(B)
Government Offices	P	L-1
Parks and Recreation Facilities	P
Public Safety Facilities	U
Religious Assembly	U
Residential Care, General	P
Schools, Public or Private	U
Utilities, Minor	P
Commercial Uses
Animal Sales and Services
Animal Grooming	P
Animal Hospitals	U	L-3
Animals – Retail Sales	P	L-4
Artists' Studios	P
Banks and Savings and Loans	P
Commercial Filming	U
Commercial Recreation and Entertainment, Indoor	P
Communication Facilities	U
Conference and Meeting Facilities	U
Eating and Drinking Establishments	P
With Wine and Beer Service	P
With Full Alcoholic Beverage Service	P	L-5
With Live Entertainment	p	L-6
With Outdoor Entertainment	U
Food and Beverage Sales	P
Alcoholic Beverage Sales – Off-Premises	U
Health/Fitness Facility	P
Laboratories	P	L-1
Maintenance and Repair Services	U
Nurseries	U
Offices, Business and Professional	P	L-1
Outdoor Entertainment	U
Personal Improvement Services	P
Personal Services	P
Research and Development Services	P	L-1
Retail Sales	P
Secondhand Appliances/Clothing	P
Vehicle/Equipment Sales and Services
Service Stations	-	L-7
Visitor Accommodations
Bed and Breakfast Inns	P	L-1
Hotels and Motels	P	L-1
Accessory Uses	P/U
Accessory Dwelling Unit	P	(C)
Cottage Food Operations	P	(D)
Home-Based Businesses	P	(E)
Short-Term Rentals	P	(F)
Temporary Uses
Christmas Tree Sales	P
Commercial Filming, Limited	P
Religious Assembly	U
Retail Sales, Outdoor	U
Nonconforming	-	(G)
Other Uses
Cultivation of Cannabis for Personal Use, Indoor or Outdoors (Residential Cultivation of Cannabis)	P	(H)

Key: P = Permitted; U = Use Permit; L = Limited (See Additional Regulations)

MU-I Additional Regulations:
L-1 A use permit is required when the use occupies ground floor space facing the street in locations shown in Figure 17.26-1. In all other locations, the use is permitted ("P"). See BMC § 17.26.020(A)(2). For residential use limitations in existing shopping centers, see BMC § 17.26.020(A)(3).
L-2 See BMC § 17.26.020(A)(2)(d) for additional permit requirements that apply to commercial uses greater than 3,000 square feet on certain properties fronting Military East and/or East Fifth Street.
L-3 Permit requirements for animal boarding and animal hospitals are the same as in the CG district.
L-4 Permitted use ("P") only in a shopping center. Not allowed in all other locations.
L-5 A drinking establishment which is not part of a larger restaurant and operates between 10:00 p.m. and 7:00 a.m. requires a use permit.
L-6 Live entertainment is permitted only when it occurs indoors, is accessory to the primary eating and drinking establishment, and is limited to the hours between 11:00 am to 10:00 pm.
L-7 Only service stations existing in a shopping center as of December 31, 2022, are allowed. A use permit shall be required to replace or make a major alteration to an existing service station. For the purposes of this section, "major alteration" means the construction or alteration of 2,500 square feet or more of new floor area and/or any change of use or alteration that would increase the number of parking spaces by 10 percent or more than the total number required prior to the alteration.
(A) See BMC § 17.70.300, Animals.
(B) See BMC § 17.90.060, Emergency shelter.
(C) See BMC § 17.90.020, Accessory dwelling units and junior accessory dwelling units.
(D) See BMC § 17.70.370, Cottage food operations.
(E) See BMC § 17.70.070, Home-based businesses.
(F) See BMC § 17.70.450, Short-term rentals.
(G) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(H) See Chapter 17.84 BMC, Cannabis.

Figure 17.26-1: MU-I District Allowed Use Limitations

Use Limitations – Military East and/or East Fifth Street.

Residential-Only Projects.

A use permit is required for ground floor residential uses facing Military East and/or East Fifth Street in locations shown in Figure 17.26-1. Off-street parking located within a garage or other facility on the ground floor as accessory to the residential use shall be considered part of the residential use for the purposes of this section.

ii.

The planning commission may approve the use permit if the planning commission makes the use permit findings in BMC § 17.104.060 and also finds that:

(A)

No less than 50 percent of the linear building frontage on parcels requiring a use permit as shown in Figure 17.26-1 contain ground-floor commercial uses; and

(B)

The project complies with BMC § 17.26.040(G) (Primary Entrance Design) and (H) (Blank Walls).

iii.

The front yard area between the sidewalk and the street-facing building wall must contain at least two trees per 50 linear feet of parcel street frontage. Tree species must provide minimum 20-foot canopy per tree at maturity.

Ground Floor Office.

Except as provided in subsection (A)(2)(b)(ii) of this section, use permit approval by the planning commission is required for ground floor office uses facing the street in locations shown in Figure 17.26-1.

ii.

A use permit is not required to establish a new office use in an existing tenant space that was previously occupied by an office use as of February 17, 2022. In such a case, the office use is not considered a nonconforming use under Chapter 17.98 BMC. A new office use may be established in the existing tenant space at any time, subject to the applicant supplying documentation of the prior office use, without the need to obtain a use permit. An "existing tenant space" means a tenant space that occupies the same building, location and floor area as existed on February 17, 2022.

East L and Fourth Street Corner Property. On the parcel on the corner of East L and East Fourth Street shown in Figure 17.26-1, all land uses listed under the "Commercial Uses" and "Temporary Use" headings in Table 17.26-1 are not allowed.

Large Commercial Uses. Proposed commercial uses with a single tenant occupying a space greater than 3,000 square feet require a use permit.

Residential Use Limitations – Shopping Centers Existing on December 31, 2022. Residential development within a shopping center shall not reduce commercial gross floor area to less than 75 percent of the commercial gross floor area that existed as of December 31, 2022.

Development Standards.

General. Table 17.26-2 identifies development standards in the MU-I district.

Table 17.26-2: Development Standards – MU-I District
Standard
Development Intensity
Minimum site area per unit	1,000 sq. ft.
Maximum floor area ratio (FAR)	Residential: 2.0 [1] Commercial: 1.2
Maximum lot coverage	75%
Maximum Building Height
Feet	40 ft. [2]
Stories	3 stories
Yards [3]
Maximum Front Yard
Commercial and mixed use projects fronting Military East or East Fifth Street [6]	10 feet from required new sidewalk for a minimum of 50 percent of the parcel's linear street frontage, except that in no case shall this standard require a building to project across a property line into the right-of-way. See Figure 17.26-2.
Residential-only projects	No maximum
Minimum Front and Street Side Yard
Commercial and mixed use projects	0 ft. from back of required new sidewalk or from property line, whichever is greater.
Residential-only projects	Main building wall: 15 ft. from back of required new sidewalk or 0 ft. from property line, whichever is greater. Entry features: May extend up to 10 feet into required yard, provided they do not project across the property line. See Figure 17.26-3. [4]
Minimum Interior Side and Rear Yard	None, unless required by BMC § 17.26.020(I)(4)
Minimum Total Open Space
Private	None required
Shared	100 sq. ft. per unit [5]
Parking
Number of spaces	As required by BMC § 17.74.030
Design	See Chapter 17.74 BMC

Notes:
[1] Mixed use with at least two-thirds residential floor area may have a floor area of up to 2.0 FAR. All other projects shall be limited to 1.2 FAR.
[2] See BMC § 17.70.180 for building features that may project above the permitted building height. Roof decks must comply with BMC § 17.26.040(F) (Roof Decks).
[3] See BMC § 17.70.150 for allowed projections into required yards.
[4] Includes covered and uncovered porches, terraces, platforms, decks, patios, stairs, and other similar features. Projections into yards allowed in BMC § 17.70.150(B) do not also apply.
[5] Shared open space not required for units with private open space. See BMC § 17.26.040(D). Shared open space may be located within required yards.
[6] There is no maximum front setback in all other locations.

Figure 17.26-2: MU-I Development Standards for Commercial and Mixed Use Residential Projects

Figure 17.26-3: MU-I Development Standards for Residential Projects

Projects Incorporating Community Benefits. Projects participating in the city's voluntary community benefits program, set forth in BMC § 17.90.080, may be entitled to greater site area per unit, lot coverage, and height standards than those in Table 17.26-2.

Building Massing.

All Buildings. All buildings in the MU-I district must incorporate at least one of the following features:

Upper floor modulation of at least four feet in depth (either recess or projection) for at least 30 percent of the front facade length. See Figure 17.26-4; or

ii.

A vertical facade break for all floors with a minimum depth of six feet for a minimum of 15 percent of the front facade length. Nonrecessed building walls shall not exceed a width of 50 feet. See Figure 17.26-5.

Buildings Exceeding Three Stories. In addition to features required for all building in subsection (B)(3)(a) of this section, buildings exceeding three stories in the MU-I district must incorporate at least one of the following additional features:

A fourth story recessed stepback facing the primary street of at least four feet for the entire facade length. See Figure 17.26-6. Recessed area may be used as a balcony, terrace, or other usable open space.

ii.

A fourth story recessed stepback facing the primary street of at least 10 feet for a minimum of 35 percent of the facade length. See Figure 17.26-7. Recessed area may be used as a balcony, terrace, or other usable open space.

iii.

Other comparable method, as determined by the review authority through the use permit or development agreement process, to break down the massing of large building facades and complement the surrounding context.

Building Width on Shopping Center Sites Existing on December 31, 2022. On the site of an existing shopping center, the width of a newly constructed building measured parallel to the adjacent street frontage shall not exceed 300 feet.

Figure 17.26-4: Upper Floor Modulation

Figure 17.26-5: Vertical Facade Break

Figure 17.26-6: Upper Story Stepback

Figure 17.26-7: Four Story Wall Limitation

Residential Transitions. The following standards apply to new development projects adjoining a parcel outside of the MU-I district with an existing single-family use:

Wall or Fence. A sight-obscuring wall or fence six feet high shall be provided along the adjoining residential property line. A sight-obscuring fence must have an opacity of at least 85 percent. Bushes, vines, and other vegetation may be incorporated into the design of a required fence.

Yard. Buildings shall be located a minimum of 15 feet from the adjoining single-family residential property line.

Building Stepback. Buildings adjoining a single-family residential property line shall be no taller than two stories or 25 feet at the required 15-foot setback line. If proposed, third stories shall be stepped back a minimum of five feet from the setback line (i.e., 20 feet from the adjoining property line). Recessed area may not be used as a balcony, terrace, or other usable open space. See Figure 17.26-8.

Figure 17.26-8: Residential Transitions

Additional Standards. Development in the MU-I district must also comply with standards in BMC § 17.26.040 (Additional standards for all mixed use districts).

(Ord. 22-03 § 3; Ord. 22-13 § 3; Ord. 24-01 § 5; Ord. 25-09 § 11; Ord. 25-12 § 12)

§ 17.26.030 Mixed use limited (MU-L) district.

Land Use Regulations.

Allowed Uses and Permits Required. Table 17.26-3 shows allowed land uses and permits required in the MU-L district. If a land use identified in Chapter 17.16 BMC is not listed in Table 17.26-3, the use is not permitted in the MU-L district.

Table 17.26-3: MU-L Allowed Uses and Permits Required
Land Use	MU-L	Additional Regulations
Residential Uses		(A)
Family Day Care, Large	P
Family Day Care, Small	P
Group Residential	P
Work/Live Quarters	P
Multifamily Residential	P
Residential Care, Limited	P
Single-Family Residential	P
Supportive Housing	P
Transitional Housing	P
Public and Semipublic Uses
Adult Day Health Care	U
Clubs and Lodges	U
Convalescent Facilities	U
Cultural Institutions	P
Day Care Center	U
Government Offices	U
Low-Barrier Navigation Centers	P
Parks and Recreation Facilities	P
Residential Care, General	P
Schools, Public or Private	U
Utilities, Minor	P
Public Safety Facilities	U
Commercial Uses
Artists' Studios	P
Health/Fitness Facility	P	L-1
Offices, Business and Professional	U	L-2
Personal Improvement Services	U	L-2
Personal Services	U	L-2
Bed and Breakfast Inns	U
Accessory Uses	P/U
Accessory Dwelling Unit	P	(B)
Cottage Food Operations	P	(C)
Home-Based Businesses	P	(D)
Short-Term Rentals	P	(E)
Nonconforming	-	(F)
Other Uses
Cultivation of Cannabis for Personal Use, Indoors or Outdoors (Residential Cultivation of Cannabis)	P	(G)

Key: P = Permitted; U = Use Permit; L = Limited (See Additional Regulations)

MU-L Additional Regulations:
L-1 Health/fitness facilities are permitted; except that a use permit shall be required for facilities that are open for business prior to 7:00 a.m. Monday through Saturday, or prior to 8:00 a.m. Sunday, or after 10:00 p.m. any day of the week.
L-2 Development services director use permit required.
(A) See BMC § 17.70.300, Animals.
(B) See BMC § 17.90.020, Accessory dwelling units and junior accessory dwelling units.
(C) See BMC § 17.70.370, Cottage food operations.
(D) See BMC § 17.70.070, Home-based businesses.
(E) See BMC § 17.70.450, Short-term rentals.
(F) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(G) See Chapter 17.84 BMC, Cannabis.

Multifamily Uses. For a parcel legally existing as of February 22, 2022, four multifamily dwelling units are permitted on the parcel regardless of the parcel size, provided the project complies with all other applicable standards.

Commercial Uses. The following requirements apply to allowed commercial uses as identified in Table 17.26-3.

A commercial use must be located on a property with a residential use.

The floor area of a commercial use may not exceed 50 percent of the residential floor area on the property or 2,000 square feet, whichever is less.

Development Standards.

General. Table 17.26-4 identifies development standards in the MU-L district.

Table 17.26-4: Development Standards – MU-L District
Standard
Development Intensity
Minimum site area per unit	1,452 sq. ft. [1]
Maximum floor area ratio (FAR)	1.0 [2]
Maximum lot coverage	75%
Maximum Building Height [3]
Feet	35 ft. [4]
Stories	3 stories
Minimum Yards [5]
Front and Street Side
Main building wall	15 ft. from required sidewalk or 0 ft. from property line, whichever is greater. See Figure 17.26-9.
Entry features	May extend up to 10 feet into required yard, provided they do not project across a property line and are no closer than 5 ft. from required sidewalk. See Figure 17.26-9. [6]
Interior Side	5 ft. from property line or 10 ft. from adjacent structure, whichever is greater
Rear
Abutting an alley	None
Not abutting an alley	15 ft.
Minimum Open Space
Private	None required
Shared	100 sq. ft. per unit [7]
Parking
Number of spaces	As required by BMC § 17.74.030
Design	See BMC § 17.26.040(C)

Notes:
[1] See BMC § 17.26.030(A)(2) for additional density allowance.
[2] Maximum 1.5 FAR allowed for four-story building when allowed under BMC § 17.26.030(B)(2).
[3] See BMC § 17.26.030(B)(2) for additional height allowed in specified locations.
[4] See BMC § 17.70.180 for building features that may project above the permitted building height. Roof decks must comply with BMC § 17.26.040(F) (Roof Decks).
[5] See BMC § 17.70.150 for allowed projections into required yards.
[6] Includes covered and uncovered porches, terraces, platforms, decks, patios, stairs, and other similar features. Projections into yards allowed in BMC § 17.70.150(B) do not also apply.
[7] Shared open space not required for units with private open space. See BMC § 17.26.040(D). Shared open space may be located within required yards.

Figure 17.26-9: MU-L Development Standards

Additional Height Allowance.

A building height of up to 45 feet and four stories is allowed on parcels 15,000 square feet or greater in size where any portion of the parcel is within 150 feet of the I-780 right-of-way.

The fourth-story building wall must be set back a minimum of 15 feet from an adjoining property line containing an existing single-family residential use.

If the building wall below the fourth story is 15 feet or more from the property line, the fourth-story building wall may be aligned with the lower wall.

ii.

If the building wall below the fourth story is less than 15 feet from the property line, the fourth-story wall must be stepped back from the lower wall.

For buildings greater than 35 feet in height, the review authority may not allow a deviation from building width and third-story massing standards in subsections (B)(3)(d)(i) and (ii) of this section otherwise allowed by subsection (B)(3)(c) of this section (Allowed Deviation).

Multifamily and Mixed Use Residential Projects.

Applicability. The standards in this subsection apply to multifamily and mixed use residential development in the MU-L district.

Required Compliance. A two-story project that is exempt from design review pursuant to BMC § 17.108.020(B) must conform with the standards of this section, in addition to other applicable standards in the zoning ordinance and objective planning and standards.

Allowed Deviation. For projects that require discretionary design review, the review authority may allow deviation from one or more of these standards through the design review process.

Standards.

Building Width. To reflect the existing scale and rhythm of buildings in the MU-L district, buildings shall comply with one of the following:

(A)

The width of the building measured parallel to the primary street frontage does not exceed 50 feet.

(B)

The street-facing building wall is modulated so that building wall segments closest to the street do not exceed a width of 40 feet. The facade break area (i.e., building frontage inset area) must have a minimum depth of eight feet and minimum width of 15 feet. See Figure 17.26-10.

ii.

Upper Story Massing. A third story (and fourth story for four-story buildings) must be stepped back from the primary street at least 10 feet for a minimum of 35 percent of the facade length. Recessed area may be used as a balcony, terrace, or other usable open space.

iii.

Balconies. Balconies above the ground floor facing an adjacent residential property are prohibited. This prohibition applies only to balconies with a platform that extends more than three feet from the exterior building wall.

iv.

Neighbor Privacy. Windows facing adjacent dwellings must be staggered to limit visibility into neighboring units. The vertical centerline of a window may not intersect the window of an adjacent dwelling.

Garages. Garage doors facing the street:

(A)

May occupy no more than 40 percent of a building's street frontage; and

(B)

Shall be recessed a minimum of five feet from the primary front or street side building wall.

Figure 17.26-10: Street-facing Building Wall Modulation – MU-L District

Additional Standards. Development in the MU-L district must also comply with standards in BMC § 17.26.040 (Additional standards for all mixed use districts).

(Ord. 22-03 § 3; Ord. 24-01 § 6; Ord. 25-09 §§ 4, 12; Ord. 25-12 § 12)

§ 17.26.040 Additional standards for all mixed use districts.

Objective Planning Standards. Multifamily residential, transitional housing, and supportive housing development projects are subject to the city's objective planning and design standards for mixed use residential and multifamily development. (See BMC § 17.90.070, Objective design standards.)

Ground Floor Residential Elevation. The finished floor elevation of development with residential ground floor uses facing the street shall be elevated a minimum of 18 inches above the sidewalk.

Sidewalks and Street Trees.

Public sidewalks abutting a development parcel shall have a minimum sidewalk width (curb to back of walk) of at least 12 feet as measured from back of curb. The sidewalk shall contain at least one irrigated curbside street tree for every 30 linear feet of sidewalk.

Nonresidential Ground Floor Uses. The following standards apply to development with nonresidential ground floor uses facing the street, as shown in Figure 17.26-11:

If right-of-way conditions require buildings to be set back from the street by more than 12 feet, the sidewalk shall be extended to the building.

ii.

Curbside sidewalk tree wells shall be four feet in width by eight feet in length minimum, six feet by 12 feet maximum, with a corresponding zone of pervious paving aligned with and extending between tree wells.

iii.

A minimum clear width of eight feet shall be provided between tree wells and the building frontage.

Residential Ground Floor Uses. The following standards apply to development with residential ground floor uses facing the street, as shown in Figure 17.26-12:

If right-of-way conditions require buildings to be set back from back of sidewalk by more than 15 feet, required frontage landscaping shall be expanded to fill the excess area.

ii.

Curbside sidewalk tree wells shall be six feet in width by six feet or more in length, with a corresponding zone of pervious paving aligned with and extending between tree wells.

iii.

Tree wells shall include additional low-growing ornamental planting to enhance residential frontages.

If the existing public right-of-way area between the curb and the property line is insufficient to meet the minimum standard above, extension of the sidewalk onto the property, with corresponding public access easement, shall be provided.

Applicability – Shopping Centers.

For development on a site with a shopping center existing on December 31, 2022, streetscape improvements required by this section shall be installed along the property frontage that abuts:

The area of disturbance; and

ii.

Shopping center property adjacent to the area of disturbance to the property line or nearest driveway providing vehicle access to the property; see Figure 17.26-13.

In cases where the primary building frontage of new development faces an internal private street, the streetscape improvements required by the section also apply to the internal private street frontage.

Applicability – All Other Developed Properties.

Permitted residential development existing on December 31, 2022, may increase floor area by a total of 20 percent without constructing streetscape improvements required by this section, so long as the number of residential units does not increase.

Permitted commercial development existing on December 31, 2022, may increase floor area by a total of 2,500 square feet or 10 percent, whichever is less, without constructing streetscape improvements required by this section. This includes accessory structures and outdoor space utilized for commercial purposes.

Figure 17.26-11: Streetscape Standards – Nonresidential Ground Floor Uses

Figure 17.26-12: Streetscape Standards – Residential Ground Floor Uses

Figure 17.26-13: Shopping Center Streetscape Improvement Requirement

Open Space.

Units with at least 36 square feet of private open space (e.g., balconies, courtyards) are excluded from the required shared open space calculation.

Shared open space shall be designed so that a horizontal rectangle within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas.

Landscaping.

All areas between a building and adjoining sidewalk shall be landscaped with live plant materials, except for:

Areas required for vehicular or pedestrian access to the property; and

Courtyards, outdoor seating areas, and other similar outdoor spaces for residents, customers and/or the general public.

Landscaping shall consist of any combination of trees and shrubs, and may include grass or related natural features, such as rock, stone, or mulch. At maturity, plantings must comprise a minimum of 75 percent of the total landscape area.

Up to 65 percent of the tree canopy (at maturity) above ground amenities such as seating and public art may be included in the landscape area calculation.

In all cases the front yard area between the sidewalk and the street-facing building wall must be landscaped with live plant materials as shown in Table 17.26-5.

Table 17.26-5: Minimum Front Yard Landscaping
Ground Floor Use Facing the Street	Percent of Front Yard Area That Must Be Landscaped
Nonresidential	15% [1]
Residential	35%

Notes:
[1] Only for projects where building is set back from edge of sidewalk. May be provided with upright growing shrubs or small trees in raised planters and/or pots.

Roof Decks.

Features to accommodate a roof deck, including railings, terraces, and other similar structures, may project above the maximum building height in cases where the roof deck provides common open space for residents.

Other than as needed to provide for roof access, no permanent structure that has a solid roof and/or is enclosed on two or more sides may be placed on or attached to a roof deck. Fully transparent glass wind barriers are allowed.

Roof decks may not be placed on building features that project above the maximum permitted building height as allowed by BMC § 17.70.180.

Primary Entrance Design.

Residential-Only Projects.

The primary entrance to a dwelling unit facing a public street must feature a porch or covered entry.

For residential buildings with a primary entrance that provides interior access to multiple dwelling units, the primary entry must feature a porch, covered entry, or recessed entry. A recessed entry must include one or more design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim, or a 45-degree cutaway entry.

Front porches, when required by this section, must comply with the following:

The front porch must be part of the primary entrance, connected to the front yard and in full view of the street-way.

ii.

Minimum dimensions: six feet by five feet.

iii.

The porch or covered entry must have open-rung railings or landscaping defining the space.

Mixed Use Residential and Nonresidential Projects. Primary entrances to nonresidential and mixed use buildings must be emphasized and clearly recognizable from the street utilizing one or more of the following methods:

Projecting awnings or canopies above an entry (covered entry);

Taller building mass above an entry that protrudes from the rest of the building surface;

Special corner building treatments integrated into a corner entrance, such as rounded or angled facets or an embedded corner tower;

Special architectural elements, such as columns, porticos, and ornamental light fixtures;

Projecting entries or projecting bays in the facade;

Recessed entries or recessed bays in the facade; and

Changes in roofline or articulation in the surface of the wall in the area surrounding the entrance.

Blank Walls.

The area of a blank building wall fronting a public street may not exceed a square area where the height and width are both 10 feet.

A break in a blank building wall may be provided by any of the following:

Doors, windows, or other building openings.

Building projections or recesses, doorway and window trim, or other details that provide architectural articulation and design interest.

Varying wall planes where the wall plane projects or is recessed at least six inches.

Nonfabric awnings or canopies over a window or door, or arcades.

Substantial variations in building material. For example, adding brick or stone veneer to a stucco building or changing from vertically oriented board and batten style siding to horizontally oriented lap siding.

A permanently attached trellis or architectural feature for landscaping.

A living wall.

A mural or public art attached to the building wall.

The following do not qualify as a break in blank wall:

Variation in exterior building wall color.

Standalone planted vegetation or landscaping not attached to a building wall.

Commercial signs.

Mechanical appurtenances such as water heaters, vents, or utility meters.

Gutters and downspouts.

(Ord. 22-03 § 3; Ord. 22-13 § 4; Ord. 25-12 § 12)

§ 17.28.010 Specific purposes.

In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of commercial districts are to:

Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the city and region;

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;

Create suitable environments for various types of commercial uses, and protect them from the adverse effects of inharmonious uses;

Minimize the impact of commercial development on adjacent residential districts;

Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located;

Provide opportunities for residential development on the site of commercial development or on separate sites in certain commercial districts;

Ensure the provision of adequate off-street parking and loading facilities;

Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment;

Preserve a balanced mix of locally, regionally, and nationally based businesses and small and medium sized businesses to maintain and promote the long-term economic health of businesses and the community as a whole;

The additional purposes of each C district are as follows:

CC Community Commercial District. To provide sites for businesses serving the daily needs of nearby residential areas while establishing development standards that prevent significant adverse effects on residential uses adjoining a CC district.

CO Commercial Office District. To provide a landscaped environment for offices of residential scale and for residential development that is protected from the more intense levels of activity associated with retail commercial development.

CG General Commercial District. To provide opportunities for the full range of retail and service businesses deemed suitable for location in Benicia, including businesses not permitted in other commercial districts because they attract heavy vehicular traffic or have certain adverse impacts; and to provide opportunities for certain limited manufacturing uses that have impacts comparable to those of permitted retail and service uses to occupy space not in demand for retailing or services.

Repealed by Ord. 07-21.

CW Waterfront Commercial District. To provide opportunities for waterfront-related development around the Benicia marina and along the shoreline at appropriate locations.

(Ord. 87-4 N.S., 1987; Ord. 07-12 § 2; Ord. 07-21 § 4; Ord. 25-09 § 13)

§ 17.28.020 CC, CO, CG, and CW districts – Land use regulations.

In the following schedules, the letter "P" designates use classifications permitted in commercial districts. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" that follow. The letter "U" designates use classifications permitted on approval of a use permit, as provided in Chapter 17.104 BMC. The letters "P/U" designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to the "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all classifications under the heading.

CC, CO, CG, and CW Districts: Land Use Regulations
P – Permitted U – Use Permit L – Limited (See "Additional Use Regulations") – – Not Permitted
	CC	CO	CG	CW	Additional Regulations
Residential
Group Residential	–	–	U	–	L-1
Work/Live Quarters	P	–	P	P	L-1
Multifamily Residential	P	P	–	P	L-1, L-2
Residential Care, Limited	P	P	–	P	L-1, L-2
Single-Family Residential	P	P	–	P	L-1, L-2
Supportive Housing	P	P	–	P	L-1
Transitional Housing	P	P	–	P	L-1, L-2
Public and Semipublic
Adult Day Health Care	U	U	–	U
Clubs and Lodges	U	U	P	P
Cultural Institutions	U	U	P	P
Day Care Center	P	U	–	U	L-3
Emergency Shelter	–	P	P	–	(A)
Government Offices	P	P	P	P
Hospitals	–	U	U	–
Low-Barrier Navigation Center	P	P	–	P
Park and Recreation Facilities	–	–	–	P
Public Safety Facilities	U	U	U	U
Religious Assembly	P	U	U	U
Residential Care, General	P	P	–	P	L-2
Schools, Public or Private	U	–	–	–
Utilities, Major	U	U	U	U
Waste Facility	–	–	–	–
Utilities, Minor	P	P	P	P
Commercial Uses
Adult Businesses	–	–	P	–	(B)
Ambulance Services	–	–	P	–
Animal Sales and Services
Animal Boarding	–	–	P	–	L-4
Animal Grooming	P	–	P	–	L-4
Animal Hospitals	–	P	P	–	L-4
Animals – Retail Sales	–	–	P	P
Artists' Studios	P	P	P	P
Banks and Savings and Loans	–	P	P	–
Banks and Savings and Loans with Drive-Up Service	–	U	U	–
Building Materials and Services	–	–	P	–
Catering Services	P	P	P	P
Commercial Filming	U	U	U	U
Commercial Recreation and Entertainment, Indoor	U	–	P	–
Communication Facilities	–	–	P	–
Conference and Meeting Facilities	U	U	P	P	L-5
Eating and Drinking Establishments	P	P	P	P
With Wine and Beer Service	P	P	P	P
With Full Alcoholic Beverage Service	P	P	P	P	L-6
With Live Entertainment	–	–	P	P	L-7, (C)
With Drive-Up	U	–	P	–	L-8
Food and Beverage Sales	P	–	P	P	L-9
Alcoholic Beverage Sales – Off-Premises	–	–	U	–
Convenience Market	U	–	U	U	L-10
Funeral and Interment Services	P	U	P	–	L-11
Health/Fitness Facility	P	P	P	–	L-12
Laboratories	–	P	P	–
Maintenance and Repair Services	–	–	P	–
Marinas	–	–	–	P
Marine Sales and Services	–	–	–	P
Nurseries	U	–	P	–
Offices, Business and Professional	P	P	P	P
Outdoor Entertainment	U	U	U	U	(D)
Pawn Shops	–	–	P	–
Personal Improvement Services	U	U	U	–	L-13
Personal Services	P	P	P	P	L-14
Research and Development Services	–	–	P	–
Retail Sales	P	–	P	P
Secondhand Appliances/Clothing	–	–	P	–
Sports and Entertainment, Assembly	–	–	U	–
Swap Meet, Recurring	–	–	U	–
Truck Stop	–	–	U	–
Vehicle/Equipment Sales and Services
Automobile Rentals	–	–	U	–	L-15
Automobile Washing	–	–	U	–
Service Stations	U	–	U	–	L-16, (E)
Vehicle/Equipment Repair	–	–	U	–	L-17
Vehicle/Equipment Sales and Rentals	–	–	P	–
Visitor Accommodations
Bed and Breakfast Inns	U	U	P	P	L-17
Hotels and Motels	–	–	P	P
Accessory Uses	P/U	P/U	P/U	P/U
Donation and Collection Bins	P	P	P	P	L-18, (F)
Home-Based Businesses	P	P	–	P	(G)
Temporary Uses
Animal Shows	–	–	U	–
Christmas Tree Sales	P	P	P	P
Circuses and Carnivals	–	–	U	U
Commercial Filming, Limited	P	P	P	P
Religious Assembly	P	U	U	U
Retail Sales, Outdoor	U	U	U	U
Swap Meets
Nonrecurring	U	U	U	U
Nonconforming	–	–	–	–	(H)
Other Uses
Cultivation of Cannabis for Personal Use, Indoors or Outdoors (Residential Cultivation of Cannabis)	P	P	P	P	(I)
Cannabis Laboratories	–	U	–	–	(I)
Cannabis Retail Operation	U	–	U	U	(I)

CC, CO, CG, and CW Districts: Additional Use Regulations
L-1 Permitted only when located on upper floors above a ground floor nonresidential use in a mixed-use residential building.
L-2 Not permitted on ground level in CC and CO districts.
L-3 A designated drop-off and pick-up area shall be provided on site, which shall be designed and constructed in concert with the improvements required to comply with Chapter 17.74 (Off-Street Parking and Loading Regulations).
L-4 Development services director use permit required if the following conditions exist:
1. The proposed use is not located in an existing structure which is entirely enclosed, and no outside facilities are proposed;
2. For animal hospitals, or where boarding or overnight care facilities are proposed, the use is not located in a soundproofed and air-conditioned facility.
L-5 Development services director use permit required for facilities holding outdoor events or activities. Indoor-only use is permitted.
L-6 A drinking establishment that is not part of a larger restaurant and operates between 10:00 p.m. to 7:00 a.m. requires a use permit. All other eating and drinking establishments with full alcoholic beverage service are permitted ("P").
L-7 Live entertainment that occurs indoors, is accessory to the primary eating and drinking establishment, and is limited to the hours between 11:00 a.m. to 10:00 p.m. is permitted. A use permit is required for all other live entertainment.
L-8 Eating and drinking establishments with drive-up facilities shall be designed to comply with the following requirements for vehicle stacking:
1. Each stacking lane shall be separated from the circulation route necessary for ingress and/or egress from the property, or access to any parking space.
2. Stacking lanes shall not cross or pass through off-street parking areas or marked pedestrian accessways.
3. Stacking lanes for drive-through facilities shall have the following minimum widths: one lane – 12 feet; two or more lanes – 10 feet per lane.
4. Stacking lanes for drive-through facilities shall not be located in the required front or corner side yard.
L-9 A use permit is required for establishments occupying more than 1,500 square feet.
L-10 Except as provided below, convenience markets shall not be located within 500 feet of a site occupied by a public or private school, park or recreational facilities, and no exterior vending machines shall be permitted. A convenience market may be located within 500 feet of a site occupied by park or recreational facilities if the proposed convenience market is within 500 feet of an existing retail food and beverage sales establishment. Convenience markets may be operated only between the hours of 6:00 a.m. and 10:00 p.m. Longer hours are permitted only if they would not have an adverse effect on neighborhood uses.
L-11 Only mortuaries may be allowed.
L-12 Health/fitness facilities are permitted; except that in the CC District a use permit shall be required for facilities that are open for business prior to 7:00 a.m. Monday through Saturday, or prior to 8:00 a.m. Sunday, or after 10:00 p.m. any day of the week.
L-13 Development services director use permit required for dance and music studios if the following conditions exist:
1. The proposed use is not located in an existing structure which is completely enclosed and soundproofed, or is located at least 300 feet away from the property line of the nearest residential use;
2. The proposed use will operate prior to 7:00 a.m. Monday through Saturday, or prior to 8:00 a.m. Sunday, or after 10:00 p.m. any day of the week.
L-14 No self-service laundries permitted in CO district.
L-15 Only limousine and taxi service may be allowed.
L-16 No repair services are permitted in CC district.
L-17 Development services director use permit required.
L-18 Only permitted in CC, CO and CW districts when accessory to a duly permitted club, lodge, cultural institution, religious assembly or school.
(A) See BMC § 17.90.060, Emergency shelter.
(B) An adult business offering live entertainment shall be subject to the requirements of Chapters 5.44 and 17.102 BMC.
(C) See BMC § 17.70.100, Live entertainment.
(D) See BMC § 17.70.400, Outdoor entertainment.
(E) See BMC § 17.70.110, Service stations, vehicle/equipment repair, and automobile washing.
(F) See BMC § 17.70.410, Donation and collection bins.
(G) See BMC § 17.70.070, Home-based businesses.
(H) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(I) See Chapter 9.60 BMC, Cannabis Public Safety License, and Chapter 17.84 BMC, Cannabis.

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 19, 1989; Ord. 90-17 N.S. § 4, 1990; Ord. 92-15 N.S. § 8, 1992; Ord. 92-18 N.S. § 7, 1992; Ord. 93-1 N.S. § 6, 1993; Ord. 93-11 N.S. § 7, 1993; Ord. 94-1 N.S. § 4, 1994; Ord. 98-3 N.S.; Ord. 01-6 N.S., 2001; Ord. 07-12 § 3; Ord. 07-15 § 1; Ord. 07-21 § 5; Ord. 09-01 § 5; Ord. 11-02 § 5; Ord. 11-04 § 5; Ord. 13-15 § 4; Ord. 14-11 § 5; Ord. 15-02 §§ 3, 4; Ord. 16-01 § 9; Ord. 18-05 §§ 22, 23; Ord. 18-16 § 3; Ord. 19-04 § 3; Ord. 23-03 § 3; Ord. 24-01 § 7; Ord. 25-09 §§ 4, 14; Ord. 25-12 §§ 9, 12)

§ 17.28.030 CC, CO, CG, and CW districts – Property development regulations.

The following schedule prescribes development regulations for the CC, CO, CG, and CW districts. The first five columns prescribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the "Additional Regulations" column refer to the "Additional Development Regulations" following the schedule.

CC, CO, CG, and CW Districts: Property Development Regulations
Use Classifications	CC	CO	CG	CW	Additional
Residential Development					(A)
Minimum Lot Area (sq. ft.)	10,000	10,000	7,500	5,000	(B)(C)
Minimum Lot Width (ft.)	70	70	60	50
Minimum Yards:					(T)
Front (ft.)	15	15	10	15	(D)(R)
Side (ft.)	–	–	–	–	(D)(E)(F)(R)
Corner Side Rear (ft.)	–	–	–	–	(D)(E)(F)(R)
Maximum Height (ft.) of Structures	40	40	40	40	(G)(H)
Maximum Lot Coverage	50%	50%	75%	50%
Maximum Nonresidential FAR	0.8	0.8	1.2	0.8
Maximum FAR	1.2	1.2	1.2	1.2	(S)
Minimum Site Landscaping	20%	20%	10%	20%	(I)(J)
Outdoor Living Area					(K)(L)
Fences and Walls					(M)(N)
Off-Street Parking and Loading					(O)(P)
Signs	See Chapter 17.78 BMC
Accessory Structures	See BMC § 17.70.050
Relocated Buildings	See BMC § 17.70.020
Swimming Pools and Hot Tubs	See BMC § 17.70.080
Outdoor Facilities	See BMC § 17.70.200				(Q)
Screening of Mechanical Equipment	See BMC § 17.70.210				(Q)
Refuse Storage Areas	See BMC § 17.70.220
Underground Utilities	See BMC § 17.70.230
Performance Standards	See BMC § 17.70.240
Nonconforming Structures	See Chapter 17.98 BMC

CC, CO, CG, or CW Districts: Additional Development Regulations
(A) Residential development in a CC, CO, CG, or CW district shall comply with the RH development regulations for site area per unit and courts opposite windows. Renting of rooms in a dwelling unit shall be permitted, subject to the requirements of BMC § 17.24.020(E).
(B) See BMC § 17.70.130, Development on substandard lots.
(C) See BMC § 17.70.140, Development on lots divided by district boundaries.
(D) See BMC § 17.70.150, Building projections into yards and courts. Double-frontage lots shall provide front yards on each frontage.
(E) A 10-foot side or rear yard shall adjoin an R district, and structures shall not intercept a 1:1 or 45-degree daylight plane inclined inward from a height of 12 feet above existing grade at the R district boundary line.
(E) SIDE OR REAR YARDS (The diagram is illustrative)
(F) Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line, providing that such a planting strip is not required for a lot with a single-family dwelling.
(F) VISIBLE YARDS (The diagram is illustrative)
(G) Intentionally omitted.
(H) See BMC § 17.70.180, Exceptions to height limits.
(I) Planting Areas.
(1) CO and CW District. Sites in the CO and CW districts shall comply with the planting area requirements of BMC § 17.24.030(N), Multifamily Residential.
(2) CC and CG Districts. Required yards shall be enclosed by a solid concrete, wood or masonry wall at least six feet in height or shall be planting areas; provided, that a wall within 15 feet of a street property line shall not exceed three feet in height.
(J) See BMC § 17.70.190, Landscaping, irrigation and hydroseeding.
(K) An average 60 square feet (with a minimum horizontal dimension of six feet) of private open space is required for each dwelling unit.
(L) Courts shall be required opposite windows in dwelling units. The minimum width shall be 20 feet opposite a living room window and 14 feet opposite the window of any other habitable room, and the court shall extend horizontally 10 feet in both directions from the vertical centerline of the window. Where no interior side yard is required, the width of the court perpendicular to the property line need not exceed 10 feet. A required court shall be open to the sky above the sill of a window requiring the court; provided, that eaves may project up to two feet from a wall adjoining a court.
Exceptions: Courts are not required for live/work quarters or for residential units in mixed-use projects.
(M) The maximum height of a fence or wall shall be eight feet.
(N) A six-foot solid masonry, wood or concrete wall shall adjoin the property line of the site of a new ground-floor residential use abutting an existing nonresidential use or the property line of a new nonresidential use abutting the site of an existing ground-floor residential use. However, no wall shall be required where the portion of the site within 10 feet of the property line is occupied by planting area or by a building having no openings except openings opposite a street property line. A wall within 15 feet of a street property line shall not exceed three feet in height.
(N) REQUIRED WALLS – RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative)
(O) In a CC, CO, CG, or CW district, a triangular yard adjoining both sides of a driveway crossing a street property line shall have a depth of five feet at the edge of the driveway and a width measured on both sides of the driveway of 50 feet, or the distance to the intercepting property line, whichever is less. At least 50 percent of each yard shall be planting area. Visible yards shall have a three-foot planting strip along interior property lines within 50 feet of a street property line; this strip shall be counted in determining compliance with the 50 percent planting strip requirement.
(O) DRIVEWAY VISIBILITY (The diagram is illustrative)
(P) See Chapter 17.74 BMC, Off-Street Parking and Loading Regulations.
(Q) See BMC § 17.70.250, Satellite antennas and microwave equipment.
(R) In the arsenal historic district, multifamily, mixed use residential, transitional housing, and supportive housing projects are subject to the yard requirements in the city's objective planning and design standards for mixed use residential and multifamily development. (See BMC § 17.90.070, Objective design standards.)
(S) In the arsenal historic district, multifamily, mixed use residential, transitional housing, and supportive housing projects shall have a maximum FAR of 2.0, consistent with the lower arsenal mixed use general plan land use category.
(T) See BMC § 17.70.040, Religious assembly yard requirements.

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. §§ 20, 21, 1989; Ord. 07-21 § 6; Ord. 21-09 § 3; Ord. 24-01 § 8; Ord. 25-09 § 15; Ord. 25-12 § 12)

§ 17.28.040 Review of plans.

Certain projects shall require design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).

Multifamily residential, mixed use residential, transitional housing, and supportive housing development projects must comply with the city's objective planning and design standards for mixed use residential and multifamily development. (See BMC § 17.90.070, Objective design standards.)

(Ord. 87-4 N.S., 1987; Ord. 21-09 § 4; Ord. 25-12 § 12)

§ 17.32.010 Specific purposes.

In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of industrial district regulations are to:

Provide appropriately located areas consistent with the general plan for a broad range of manufacturing and service commercial uses;

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;

Provide a suitable environment for various types of industrial uses, and protect them from the adverse impacts of inharmonious uses;

Reserve areas for port terminals and water-related industry;

Encourage technologically oriented industrial uses including biotechnology, information technology, "green" technology, clean technology, nanotechnology and laboratory uses; except vivarium, which is prohibited. Vivarium is a facility that engages in the keeping and/or raising of living animals for the purpose of observation, testing, or research;

Ensure that the appearance and effects of industrial uses are compatible with the character of the area in which they are located;

Minimize the impact of industrial uses on adjacent residential districts;

Ensure the provision of adequate off-street parking and loading facilities.

The additional purposes of each I district are as follows:

IL Limited Industrial District. To protect areas appropriate for business and commercial services and light manufacturing from adverse effects of retail uses or of general industrial uses by preventing conversion of prime sites to general office use;

IG General Industrial District. To provide sites for the full range of manufacturing, industrial processing, general service, and distribution uses deemed suitable for location in Benicia; and to protect Benicia's general industrial areas, to the extent feasible, from disruption and competition for space from unrelated retail and commercial uses that could more appropriately be located elsewhere in the city. Performance standards will minimize potential environmental impacts;

IW Water-Related Industrial District. To protect sites for port-priority uses and to provide opportunities for water-related industry and marine services supporting the Port of Benicia. Performance standards will minimize potentially adverse environmental impacts;

IP Industrial Park District. To provide sites in landscaped settings for industrial office centers, research and development facilities, limited industrial activities (including production and assembly, but no raw materials processing or bulk handling), and small-scale warehousing distribution.

(Ord. 87-4 N.S., 1987; Ord. 01-6 N.S., 2001; Ord. 13-15 § 5)

§ 17.32.020 IL, IG, IW and IP districts – Land use regulations.

In the following schedule, the letter "P" designates use classifications permitted in industrial districts. The letter "L" designates use classifications subject to certain limitations described by the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of a use permit. The letters "P/U" designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to the "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading.

IL, IG, IW, and IP Districts: Land Use Regulations
P – Permitted U – Use Permit L – Limited (See "Additional Use Regulations") – – Not Permitted
	IL	IG	IW	IP	Additional Regulations
Residential
Work/Live Quarters	U	–	–	–	L-1
Public and Semipublic
Adult Day Health Care	U	U	–	U	L-1, L-2
Clubs and Lodges	P	P	–	P	L-1, L-3
Cultural Institutions	U	U	–	U	L-1
Day Care, General	U	U	–	U	L-1, L-2
Government Offices	U	U	U	U	L-1
Heliports	U	U	U	U	L-1, L-4
Maintenance and Service Facilities	P	P	P	–	L-1
Public Safety Facilities	P	P	P	P	L-5
Religious Assembly	U	U	–	U	L-1, L-6
Utilities, Major	U	U	U	U	L-1
Waste Facility	–	U	–	–	L-1
Utilities, Minor	P	P	P	P	L-1
Commercial Uses
Adult Business	P	P	–	P	(A)
Ambulance Services	P	P	–	P
Animal Sales and Services
Animal Boarding	P	–	–	–	L-5
Animal Hospitals	P	P	–	–	L-5
Artists' Studios	P	–	–	P	L-5
Banks and Savings and Loans	P	P	–	P	L-7
Building Materials and Services	P	P	P	P	L-5, L-8
Cannabis Retail Operation	–	–	–	–	(B)
Catering Services	P	P	–	P
Commercial Filming	P	P	P	P	L-5
Commercial Recreation and Entertainment, Indoor	–	U	–	–	L-9
Communication Facilities	P	P	P	P
Eating and Drinking Establishments	P	P	P	P	L-10
Mobile Food Vending	P	P	P	P	(C)
With Wine and Beer Service	P	P	P	P	L-10
With Full Alcoholic Beverage Service	P	P	P	P	L-10, L-11
Food and Beverage Sales	P	P	–	P	L-12, L-13
Funeral and Interment Services	P	–	–	–	L-14
Health/Fitness Facility	P	u	–	–	L-15
Horticulture, Limited	P	P	–	–
Laboratories	P	P	–	P
Maintenance and Repair Services	P	P	P	P	L-8
Marine Sales and Services	–	–	P	–
Nurseries	P	P	–	U
Offices, Business and Professional	–	–	–	P	L-16
Personal Improvement Services	P	P	–	P	L-17
Personal Services	P	P	–	P	L-18
Research and Development Services	P	P	P	P	L-8
Vehicle/Equipment Sales and Services
Automobile Washing	U	P	–	–	L-19, (D)
Service Stations	U	U	U	U	L-8, L-20
Vehicle/Equipment Repair	P	P	–	–	L-21
Vehicle/Equipment Sales and Rentals	U	P	–	–	L-22
Vehicle Storage	U	U	U	–	L-8
Warehousing and Storage, Limited	P	P	P	U	L-8
Industrial
Industry, Custom	P	P	P	P	L-8
Industry, General	–	P	P	U	L-8, L-23
Industry, Limited	P	P	P	P	L-8
Small-Scale	P	P	P	P	L-8
Industry, Research and Development	P	P	P	P	L-8
Industry, Technology	P	P	P	P	L-8
Port Terminals	–	–	P	–
Wholesaling, Distribution and Storage
Wholesaling and Distribution	P	P	P	U	L-8
Warehousing and Transportation	P	P	P	U	L-8
Trucking Terminal/Freight Transfer Station	U	U	P	–	L-8
Package Distribution	P	P	P	U	L-8
Agricultural and Extractive Uses
Mining and Processing	–	U	–	–	L-1
Accessory Uses	P/U	P/U	P/U	P/U	L-1, (E)
Temporary Uses
Animal Shows	U	U	–	–	L-1
Christmas Tree Sales	P	P	–	–	L-1
Circuses and Carnivals	–	U	–	–	L-1
Retail Sales – Outdoor	U	U	U	–	L-1
Swap Meets – Nonrecurring	U	U	–	–	L-1
Trade Fairs	U	U	U	U	L-1
Nonconforming	–	–	–	–	(F)
Other Uses
Cannabis Cultivation Operation	U	U	U	U	(B)
Cannabis Delivery-Only Operation	U	U	U	U	(B)
Cannabis Distribution	U	U	U	U	(B)
Cannabis Manufacturing Operation	U	U	U	U	(B)
Cannabis Microbusiness	U	U	U	U	(B)
Cannabis Testing Laboratory	U	U	U	U	(B)

IL, IG, IW, and IP Districts: Additional Use Regulations
L-1 Evaluate a nonindustrial or noncommercial project against the following criteria when considering findings for use permits or variances:
1. Will the project create substantial conflicts with existing industrial and commercial traffic?
2. Will the project be subject to excessive glare, noise or vibration from adjacent industrial/commercial uses? (Refer to general plan for noise criteria)
3. Will the project be exposed to hazardous materials or risks that would create health and safety hazards for persons occupying or visiting the project?
4. Will the project be located on an arterial street, or located in an area which would bring nonindustrial traffic onto local streets?
L-2 Limited to facilities accessory to manufacturing, wholesaling, or distribution, and not exceeding 25 percent of the floor area occupied by the principal use.
L-3 Only trade union halls, including their accompanying business offices, are permitted.
L-4 Allowed with a use permit and heliport permit from the California Department of Transportation, Division of Aeronautics if located 1,000 or more feet from a residential district.
L-5 Development services director use permit required if the following conditions exist:
1. The proposed use is not located in an existing structure which is entirely enclosed, and no outside facilities are proposed;
2. For animal hospitals, or where boarding or overnight care facilities are proposed, the use is not located in a soundproofed and air-conditioned facility.
L-6 No day care facilities or schools shall be permitted as part of a religious assembly facility.
L-7 Only automatic teller machines allowed.
L-8 In IW district, only water-related uses allowed.
L-9 Only indoor sports training and practice, archery and shooting galleries in a standalone, single-tenant facility on parcels fronting along Bayshore Road or along East Second Street between Stone Road and Wanger Street.
L-10 Permitted as a secondary use in a building occupying no more than 2,500 square feet of the building area. A development services director use permit is required for secondary uses occupying building areas greater than 2,500 square feet but not more than 5,000 square feet, or where the use is the primary use of a building. Not permitted for uses larger than 5,000 square feet.
L-11 Full Alcoholic Beverage Service is permitted only as part of an eating establishment. Drinking establishments are not permitted.
L-12 Permitted up to 1,000 square feet in IL and IG districts. Use permit required for establishments occupying more than 1,000 square feet in IL and IG districts.
L-13 In IP district, only delicatessens and food stores occupying fewer than 1,000 square feet are permitted.
L-14 Only crematories, columbariums, and mausoleums allowed.
L-15 Health/fitness facility shall not occupy more than 5,500 square feet of floor area. In the General Industrial District, health/fitness facilities are conditionally permitted only on parcels fronting along East Second Street between Industrial Way and Stone Road.
L-16 Medical/dental offices, insurance brokerage offices, and real estate brokerage offices not permitted.
L-17 Only business and trade schools permitted.
L-18 Only beauty shops and barbershops permitted.
L-19 Only truck tractor and trailer washing permitted.
L-20 Only stations offering controlled services to individual uses within an industrial area are allowed, subject to a use permit.
L-21 Only truck and equipment repair primarily serving industrial activities are permitted by right; a development services director use permit may be granted for automobile repair and for repair services that cater to the general public if the following conditions exist:
1. The proposed use is not located in an existing structure on a major arterial or on a street which connects to a major arterial, and is readily accessible to residential and commercial areas;
2. No outdoor repair or maintenance activities are proposed in conjunction with the use;
3. No outdoor storage of vehicles or equipment will take place during nonbusiness hours;
4. The applicant can demonstrate that the proposed site will meet zoning ordinance parking requirements.
L-22 New or used automobile, truck or motorcycle retail sales shall be permitted only as an accessory to wholesale operations.
L-23 In IG district, general industrial uses are permitted by right except that a use permit is required for oil and gas refining.
(A) An adult business offering live entertainment shall be subject to the requirements of Chapters 5.44 and 17.102 BMC.
(B) See Chapter 9.60 BMC, Cannabis Public Safety License, and Chapter 17.84 BMC, Cannabis.
(C) See BMC § 17.70.380, Mobile food vendors.
(D) See BMC § 17.70.110, Service stations, vehicle/equipment repair, and automobile washing.
(E) Maximum: One dwelling unit per site as caretaker's housing.
(F) See Chapter 17.98 BMC, Nonconforming Uses and Structures.

(Ord. 87-4 N.S., 1987; Ord. 90-5 N.S. § 5, 1990; Ord. 92-9 N.S. § 17, 1992; Ord. 92-15 § 9, 1992; Ord. 92-18 § 8, 1992; Ord. 93-3 N.S. § 5, 1993; Ord. 93-11 N.S. § 8, 1993; Ord. 94-8 N.S.; Ord. 01-6 N.S., 2001; Ord. 05-05 § 1; Ord. 09-01 § 6; Ord. 11-02 § 6; Ord. 11-04 § 6; Ord. 13-15 § 6; Ord. 14-06 § 3; Ord. 15-02 § 5; Ord. 16-01 § 10; Ord. 18-05 §§ 24 – 26; Ord. 19-11 § 1; Ord. 25-09 §§ 4, 16)

§ 17.32.030 IL, IG, IW and IP districts – Property development regulations.

The following schedule prescribes development regulations for the IL, IG, IW and IP districts. The first four columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column refer to the "Additional Development Regulations" following the schedule.

IL, IG, IW and IP Districts: Development Regulations
Use Classifications	IL	IG	IW	IP	Additional Regulations
Minimum Lot Area (sq. ft.)	20,000	20,000	40,000	20,000	(A)(B)
Minimum Lot Width (ft.)	100	100	100	100	(A)
Minimum Yards:
Front (ft.)	See Note N			25	(C)
Side (ft.)	–	–	–	10	(C)(D)
Corner Side (ft.)	10	10	5	25	(C)
Rear (ft.)	–	–	–	10	(C)(D)
Maximum Height of Structures	50	–	–	50	(E)(F)
Maximum Lot Coverage	50%	75%	75%	50%
Maximum FAR	0.8	1.0	1.0	0.6
Minimum Site Landscaping	10%	10%	5%	15%	(G)(H)
Fences and Walls	–	–	–	–	(I)(J)
Off-Street Parking and Loading	–	–	–	–	(K)(L)
Signs	See Chapter 17.78 BMC
Outdoor Facilities	See BMC § 17.70.200				(M)
Screening of Mechanical Equipment	See BMC § 17.70.210				(M)
Refuse Storage Areas	See BMC § 17.70.220
Underground Utilities	See BMC § 17.70.230
Performance Standards	See BMC § 17.70.240

IL, IG, IW and IP Districts – Additional Development Regulations
(A) See BMC § 17.70.130, Development on substandard lots.
(B) See BMC § 17.70.140, Development on lots divided by district boundaries.
(C) See BMC § 17.70.150, Building projections into yards and courts. Double-frontage lots shall provide front yards on each frontage.
(D) A 10-foot interior side or rear yard shall adjoin an R district, and structures shall not intercept a 45-degree daylight plane inclined inward from a height of 12 feet above existing grade at the R district property line.
(E) See BMC § 17.70.170, Measurement of height.
(F) One foot of additional height allowed for each additional foot the building is set back from each property line beyond the minimum yard requirement may be allowed, up to a maximum height of 75 feet; see also BMC § 17.70.180, Exceptions to height limits.
(G) Planting Areas.
(1) IL District. Required yards shall be planting areas except for necessary drives and walks.
(2) IG District. Required yards shall be planting areas, except for necessary drives and walks, or may be enclosed by a solid fence or wall at least three feet in height, subject to the discretion of the development services director.
(3) Exceptions. In calculating the minimum percent of the site area to be landscaped, creeks and adjacent riparian vegetation and slopes to be retained in their natural state shall qualify as planting areas.
(H) See BMC § 17.70.190, Landscaping, irrigation and hydroseeding.
(I) A six-foot solid masonry or concrete wall shall adjoin the property line of the site of a new nonresidential use abutting the site of an existing ground-floor residential use. However, no wall shall be required where the portion of the site within 10 feet of the property line is occupied by a planting area or by a building having no openings except openings opposite a street property line. A wall within 15 feet of a street property line shall not exceed three feet in height.
(J) The maximum height of a fence or wall shall be 12 feet, except adjacent to an R or C district, where it shall be eight feet.
(K) See BMC § 17.28.030(O).
(L) See Chapter 17.74 BMC, Off-Street Parking and Loading Regulations.
(M) See BMC § 17.70.250: Satellite antennas and microwave equipment.
(N) The required minimum front yards in the IG, IL, and IW zones shall be as follows:

Building Height Above Curb	Required Setback
Less than 18 feet	15 feet
18 feet to 24 feet	20 feet
Greater than 24 feet	25 feet

(Ord. 87-4 N.S., 1987; Ord. 92-9 N.S. § 8, 1992; Ord. 25-09 § 4)

§ 17.32.040 Review of plans.

Certain projects shall be subject to design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).

(Ord. 87-4 N.S., 1987)

§ 17.36.010 Specific purposes.

In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of the OS district are to:

Provide a suitable classification for large public or private sites permanently designated for park or open space use;

Protect public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use;

Allow the planning commission and city council to consider the most appropriate use of a site following discontinuance of a large public or private open space use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for development of the site.

(Ord. 87-4 N.S., 1987)

§ 17.36.020 Applicability.

The OS district shall be the base district for the use classifications listed in BMC § 17.36.030 where these classifications have a minimum contiguous site area of two acres, including alley, streets or other rights-of-way. Open space use classifications on sites of less than two acres shall be subject to the regulations of the base and overlay districts in which they are located.

(Ord. 87-4 N.S., 1987)

§ 17.36.030 Land use regulations.

In the following schedule, the letter "P" designates use classifications permitted in OS districts. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of a use permit, as provided in Chapter 17.104 BMC. The letters "P/U" designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column refer to the "Additional Use Regulations" following the schedule.

OS District: Land Use Regulations
P – Permitted U – Use Permit L – Limited (See "Additional Use Regulations") – – Not Permitted
	OS	Additional Regulations
Residential
Employee Housing (for farmworkers)	P	(A)
Residential Care, Limited	P	L-1, (B)
Single-Family Residential	P	L-1, (B)
Supportive Housing	P	L-1
Transitional Housing	P	L-1
Public and Semipublic
Cemetery	U	(C)
Day Care Center	P	L-2
Government Offices	P	L-3, (C)
Parks and Recreation Facilities	P	L-4
Public Safety Facilities	P	(C)
Religious Assembly	U	(C)
Residential Care, General	P	L-1, (B)
Utilities, Major	U	(C)
Waste Facility	U	(C)
Utilities, Minor	P
Utilities, Solar	U	(D)
Commercial Uses
Commercial Filming	U	L-4
Commercial Recreation and Entertainment, Indoor	U	(C)
Eating and Drinking Establishments	U	L-3
Horticulture, Limited	U	L-4, L-5
Sports and Entertainment, Assembly	U	(C)
Agricultural and Extractive Uses
Animal Husbandry	P	L-4
Crop Production	P	L-4
Accessory Uses	P/U	L-4, L-6
Donation and Collection Bins	U	L-7, (E)
Temporary Uses
Animal Shows	U	L-4
Circuses and Carnivals	U	L-4
Commercial Filming, Limited	P	L-4
Nonconforming	–	(E)
Other Uses
Cultivation of Cannabis for Personal Use, Indoors or Outdoors (Residential Cultivation of Cannabis)	P	(G)

OS District: Additional Use Regulations
L-1 Not permitted on lands outside the urban growth boundary as delineated on the general plan land use diagram. On lands inside the urban growth boundary, limited to one primary dwelling unit and one accessory dwelling unit per site, subject to the requirements of BMC § 17.90.020, Accessory dwelling units and junior accessory dwelling units.
L-2 A day care center is permitted only when located on the grounds and within the facilities of a duly permitted religious assembly use.
L-3 Permitted as part of a park or recreational facility, public safety facility, or utility.
L-4 Allowed only if no urban services are provided.
L-5 Use permit required, and no on-site retail sales permitted.
L-6 Limited to facilities incidental to an open space use.
L-7 Only permitted when accessory to a duly permitted religious assembly.
(A) See BMC § 17.90.090, Employee housing.
(B) See BMC § 17.70.300, Animals.
(C) Not permitted on lands outside the urban growth boundary as delineated on the general plan land use diagram, amended by approval of Measure K by a vote of the people, November 4, 2003.
(D) See BMC § 17.70.420, Solar utilities.
(E) See BMC § 17.70.410, Donation and collection bins.
(F) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(G) See Chapter 17.84 BMC, Cannabis.

(Ord. 87-4 N.S., 1987; Ord. 01-6 N.S, 2001; Ord. 04-8 § 1; Ord. 11-02 § 7; Ord. 14-11 § 6; Ord. 16-01 § 11; Ord. 18-05 §§ 27, 28; Ord. 19-04 § 4; Ord. 20-05 §§ 2, 3; Ord. 22-05 §§ 1, 2; Ord. 24-01 § 9; Ord. 25-09 § 17; Ord. 25-12 § 12)

§ 17.36.040 Development regulations.

Development regulations shall be as specified by the use permit; provided, that if the use permit fails to regulate an element regulated by an abutting base district, the regulations of the nearest base district shall apply to each portion of the OS district. For existing uses which do not have a use permit, or for uses that do not require a use permit, the regulations of the nearest base district shall apply to the use.

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 22, 1989)

§ 17.36.050 Review of plans.

Certain projects shall require design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).

Transitional housing and supportive housing development projects are subject to the city's objective planning and design standards for mixed use residential and multifamily development. (See BMC § 17.90.070, Objective design standards.)

(Ord. 87-4 N.S., 1987; Ord. 21-09 § 5; Ord. 25-12 § 12)

§ 17.40.010 Specific purposes.

In addition to the general purposes listed in Chapter 17.04 BMC, the specific purposes of the PS public and semipublic district are to:

Allow consideration of a large public or semipublic use separately from regulations for an underlying base zoning district that may or may not be appropriate in combination with the public or semipublic use;

Allow consideration of establishment or expansion of a large public or semipublic use at rezoning hearings rather than at use permit hearings only, and give notice to all of the extent of a site approved for a large public or semipublic use by delineating it on the zoning map;

Allow the planning commission and city council to consider the most appropriate use of a site following discontinuance of a large public or semipublic use without the encumbrance of a base zoning district that may or may not provide appropriate regulations for reuse of the site.

(Ord. 87-4 N.S., 1987)

§ 17.40.020 Applicability.

The PS district shall be the base district for the use classifications listed in BMC § 17.40.030 where these have a contiguous site area of two acres or more, including alleys, streets, or other rights-of-way. Public and semipublic use classifications on sites of less than two acres shall be subject to the regulations of the base and overlay districts in which they are located.

(Ord. 87-4 N.S., 1987)

§ 17.40.030 Land use regulations.

In the following schedule, the letter "P" designates use classifications permitted in PS districts. The letter "L" designates use classifications subject to certain limitations prescribed by the "Additional Use Regulations" which follow. The letter "U" designates use classifications permitted on approval of a use permit, as provided in Chapter 17.104 BMC. The letters "P/U" designate use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. Letters in parentheses in the "Additional Regulations" column reference the "Additional Use Regulations" following the schedule.

PS District: Land Use Regulations
P – Permitted U – Use Permit L – Limited (See "Additional Use Regulations") – – Not Permitted
	PS	Additional Regulations
Public and Semipublic
Adult Day Health Care	U
Cemetery	U
Clubs and Lodges	U
Convalescent Facilities	U
Cultural Institutions	U
Day Care Center	P	L-1
Detention Facilities	U
Emergency Shelter	P	(A)
Government Offices	P
Heliports	U	L-2
Hospitals	U
Maintenance and Service Facilities	U
Park and Recreation Facilities	P
Public Safety Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Waste Facility	U
Utilities, Minor	P
Commercial Uses
Commercial Filming	U
Commercial Recreation and Entertainment	U
Accessory Uses
Donation and Collection Bins	P	L-3, (B)
Temporary Uses
Animal Shows	U
Circuses and Carnivals	U
Commercial Filming, Limited	P
Trade Fairs	U
Nonconforming	–	(C)
Other Uses

PS District: Additional Use Regulations
L-1 Day care center is a permitted use only when operated within the existing facilities of a religious assembly, school, park and recreation facility, or club and lodge.
L-2 Allowed with use permit and heliport permit from California Department of Transportation, Division of Aeronautics if located more than 1,000 feet from an R district.
L-3 Only permitted when accessory to a duly permitted club, lodge, cultural institution, religious assembly or school.
(A) See BMC § 17.90.060, Emergency shelter.
(B) See BMC § 17.70.410, Donation and collection bins.
(C) See Chapter 17.98 BMC, Nonconforming Uses and Structures.
(D) See BMC § 17.70.410, Donation and collection bins.

(Ord. 87-4 N.S., 1987; Ord. 11-02 § 8; Ord. 11-04 § 7; Ord. 14-11 § 7; Ord. 16-01 § 12; Ord. 18-05 §§ 29, 30; Ord. 19-04 § 5; Ord. 25-09 § 18; Ord. 25-12 § 12)

§ 17.40.040 Development regulations.

Development regulations shall be as specified by the use permit; provided, that if the use permit fails to regulate an element regulated by an abutting base district, the regulations of the nearest base district shall apply to each portion of a PS district. For existing uses which do not have a use permit, or for uses that do not require a use permit, the regulations of the nearest base district shall apply to the use.

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 23, 1989)

§ 17.40.050 Review of plans.

Certain projects shall require design review (see Chapter 17.108 BMC); all projects shall require development plan review (see Chapter 17.112 BMC).

(Ord. 87-4 N.S., 1987)

§ 17.44.010 Specific purposes.

The specific purposes of the PD planned development district are to:

Establish a procedure for the development of parcels of land in order to reduce or eliminate the rigidity, delays, and inequities that otherwise would result from application of zoning standards and procedures designed primarily for small parcels;

Ensure orderly and thorough planning and review procedures that will result in quality urban design;

Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity;

Provide a mechanism whereby the city may authorize desirable developments consistent with the general plan without inviting speculative rezoning applications, which, if granted, often could deprive other owners of development opportunities without resulting in construction of the proposed facilities;

Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it;

Encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than those for which they were originally intended;

Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

(Ord. 87-4 N.S., 1987)

§ 17.44.020 Land use regulations.

No use other than an existing use shall be permitted in a PD district except in accord with a valid PD plan or specific plan. Any permitted or conditional use authorized by this title may be included in an approved PD plan or an adopted specific plan, consistent with the general plan.

(Ord. 87-4 N.S., 1987)

§ 17.44.030 Development regulations.

Residential Density. The total number of dwelling units in a PD plan shall not exceed the number permitted by the general plan density for the total area of parcels designated for residential use and for open space. The density bonus provisions of BMC § 17.90.030 shall apply.

Performance Standards. The performance standards prescribed by BMC § 17.70.240 shall apply.

Other Development Regulations. Other development regulations shall be as prescribed by the PD plan or specific plan.

In addition to the requirements of this chapter and the adopted PD plan or specific plan, multifamily residential, mixed use residential, transitional housing, and supportive housing development projects are subject to the city's objective planning and design standards for mixed use residential and multifamily development. (See BMC § 17.90.070, Objective design standards.)

(Ord. 87-4 N.S., 1987; Ord. 89-1 N.S. § 24, 1989; Ord. 21-09 § 6; Ord. 25-12 § 12)

§ 17.44.040 Initiation.

An amendment to reclassify property to PD shall be initiated by a property owner or authorized agent, the planning commission, or the city council. If the property is not under a single ownership, all owners shall join in the application, and a map showing the extent of ownerships shall be submitted with concept plans and materials.

(Ord. 87-4 N.S., 1987)

§ 17.44.050 Required plans and materials.

In addition to the plans and materials required to accompany an application for a zoning map amendment by Chapter 17.120 BMC, an application for rezoning to a PD district shall include a PD plan or specific plan incorporating the materials required for design review by Chapter 17.108 BMC. The development services director also may require one or more of the following items, based on the type, location, and potential impacts of proposed development:

A map showing proposed district boundaries and the relationship of the district to uses and structures within a 300-foot radius of the district boundaries;

A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; the type, location, and condition of mature trees and other natural vegetation; and the location of existing development;

The proposed pattern of land use, with acreage and residential density computations;

The proposed street and lot pattern.

(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)

§ 17.44.060 Planning commission action.

The planning commission shall consider an application for reclassification to a PD district as prescribed in Chapter 17.120 BMC and shall at the same time consider the proposed PD plan or specific plan accompanying the application. A recommendation of the commission to reclassify to a PD district shall be accompanied by a resolution approving a PD plan or recommending a specific plan. The commission may require either a PD plan or a specific plan.

(Ord. 87-4 N.S., 1987)

§ 17.44.070 Status of PD plan.

A PD plan shall be effective on the same date as the ordinance creating the PD district for which it was approved and shall expire two years after the effective date unless a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding two years.

The commission may renew a PD plan for one or two years as specified in the decision or renewal, if it finds the renewal consistent with the purposes of this chapter. Application for renewal shall be made in writing to the development services director not less than 30 days or more than 120 days prior to expiration. Denial of a request for renewal or for revision of a PD plan shall be subject to appeal, as prescribed in Chapter 17.124 BMC. An application for approval of a new PD plan or for a revision of a PD plan shall be considered by the planning commission at a public hearing with notice given as prescribed for a use permit in Chapter 17.104 BMC.

(Ord. 87-4 N.S., 1987; Ord. 25-09 § 4)

§ 17.44.080 Status of specific plan.

A specific plan adopted by resolution of the city council shall be administered as prescribed by the council, consistent with the Government Code, Section 65450 et seq.

(Ord. 87-4 N.S., 1987)

§ 17.44.090 Zoning map designation.

A PD district shall be noted by the designation of "PD," followed by the number of the PD district based on order of adoption.

(Ord. 87-4 N.S., 1987)

§ 17.44.100 Development plan review.

Plans for a project in a PD district shall be accepted for development plan review as prescribed by Chapter 17.112 BMC only if they are consistent with a valid PD plan or specific plan.

(Ord. 87-4 N.S., 1987)

Benicia City Zoning Code

Division II

§ 17.24.010 Specific purposes.

§ 17.24.020 RS, RM, RH and HZ districts – Land use regulations.

§ 17.24.030 RS, RM, RH and HZ districts – Property development regulations.

§ 17.24.040 Review of plans.

§ 17.26.010 Districts – Purpose.

§ 17.26.020 Mixed use infill (MU-I) district.

§ 17.26.030 Mixed use limited (MU-L) district.

§ 17.26.040 Additional standards for all mixed use districts.

§ 17.28.010 Specific purposes.

§ 17.28.020 CC, CO, CG, and CW districts – Land use regulations.

§ 17.28.030 CC, CO, CG, and CW districts – Property development regulations.

§ 17.28.040 Review of plans.

§ 17.32.010 Specific purposes.

§ 17.32.020 IL, IG, IW and IP districts – Land use regulations.

§ 17.32.030 IL, IG, IW and IP districts – Property development regulations.

§ 17.32.040 Review of plans.

§ 17.36.010 Specific purposes.

§ 17.36.020 Applicability.

§ 17.36.030 Land use regulations.

§ 17.36.040 Development regulations.

§ 17.36.050 Review of plans.

§ 17.40.010 Specific purposes.

§ 17.40.020 Applicability.

§ 17.40.030 Land use regulations.

§ 17.40.040 Development regulations.

§ 17.40.050 Review of plans.

§ 17.44.010 Specific purposes.

§ 17.44.020 Land use regulations.

§ 17.44.030 Development regulations.

§ 17.44.040 Initiation.

§ 17.44.050 Required plans and materials.

§ 17.44.060 Planning commission action.

§ 17.44.070 Status of PD plan.

§ 17.44.080 Status of specific plan.

§ 17.44.090 Zoning map designation.

§ 17.44.100 Development plan review.