Benicia City Zoning Code

Conforms to the general plan;

Complies with the land use and development regulations of the base zoning district, the HD overlay district, and any other overlay districts applied to the property; and

Can be adequately, reasonably and conveniently served by public services, utilities and public facilities.

The development services director may grant a use permit for an exception to the land use regulations of the base district with which an H district is combined when such an exception is necessary to permit the preservation or restoration of an historic or architecturally significant building, structure or site.

Applications for such use permits shall be filed with the development services director on a form provided. The development services director shall refer all applications for an exception under this section to the historic preservation review commission (HPRC) for a report and recommendation. In making a decision, the development services director shall make a written finding that shall specify the facts relied upon in rendering his decision. A copy of this written finding, together with all evidence presented to the development services director, shall be filed in the development services department. The written finding and decision shall be mailed to the applicant and shall be subject to appeal to the planning commission. Decision-making authority on such use permits may be deferred to the planning commission at the option of the development services director. Upon their decision in such instances, an appeal may be made to the city council as prescribed in Chapter 1.44 BMC.

The area possesses character, interest, or value as part of the heritage of the city.

The area is the location of a significant historical event.

The area is identified with a person or group that contributed significantly to the culture and development of the city.

Structures within the area exemplify a particular architectural style or way of life important to the city.

Structures within the area are the best remaining examples of an architectural style in a neighborhood.

The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the city, the state, or the United States.

The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials, or craftsmanship.

The area is related to a designated historic building or district in such a way that its preservation is essential to the integrity of the building or district.

The area's unique location or singular physical characteristics represent an established and familiar visual feature of a neighborhood.

The area has potential for yielding information of archaeological interest.

The area's integrity as a natural environment strongly contributes to the well-being of the people of the city.

The proposed conservation plan for the district as prescribed by BMC § 17.54.060;

A form bearing the signatures of the owners of 51 percent of the land area within the proposed district.

A map showing the location of the building or structure and building plans or photographs of the building exterior;

A statement of the architectural or historical significance of the proposed building and description of the particular features that should be preserved; and

Except when initiated by the city, the consent of the owner or authorized agent to the proposed designation is required. For purposes of this section, each condominium owner's association shall be deemed the property owner of common areas.

Except as modified by an adopted conservation plan, design review in an H district or of a proposed alteration, enlargement or demolition of a designated landmark shall be conducted as prescribed by Chapter 17.108 BMC. Design review and approval shall be the responsibility of the development services director or the historic preservation review commission, as the case may be.

The building official shall not issue a permit for construction, alteration, enlargement, or demolition of a building or structure located in an H district or of a designated landmark without the prior approval of the development services director or the historic preservation review commission. Prior approval of the development services director or the historic preservation review commission is not required for permit applications of an emergency nature to rehabilitate an unsafe building or to demolish the structure for the same reasons.

Accessory Dwelling Units Not Subject to Design Review. Notwithstanding any provisions of this chapter to the contrary, accessory dwelling units and carriage units shall be exempt from this section, including all demolition and design review procedures set forth herein.

For Demolitions.

For New Construction or Alterations. The director or the commission shall not grant design approval for new construction or alterations unless it finds that the proposed new construction or alteration will be compatible with and help achieve the purposes of the H district.

For Removal or Alteration of Certain Landscape Materials. The director's or commission's approval shall be required for removal or alteration of landscape materials identified as significant resources by the historic district conservation plan. Removal or alteration of such landscape materials shall require a finding that the proposed removal or alteration will not affect the character of the H district, or that the safety of persons or property requires the removal or alteration. No provisions of this subsection shall be construed as restricting routine maintenance of landscape materials.

Development on a parcel shown on the Benicia general plan parks and recreation map or on the Benicia waterfront plan as the site of a principal pathway, an accessway or a trail segment;

Development on a parcel on which a lateral accessway extending 25 feet inland from mean high tide or to the toe of the bluff would be reachable or potentially reachable by a required vertical or lateral accessway, as determined by the development services director. Lateral accessways shall be required where they would be accessible from a vertical accessway on a site that is developed or would be developed with visitor-serving commercial facilities;

A subdivision between the first public road and Southampton Bay, Suisun Bay, or the Carquinez Strait;

A visitor-serving commercial facility between the first public road and the bay or strait.

Offer of Dedication. The applicant shall submit a preliminary title report and shall record an irrevocable offer to improve and to dedicate the required accessway to the city as an easement or fee interest free of prior liens and encumbrances. The offer shall be valid for 20 years. Institutions or individuals holding an encumbrance on the property shall execute agreements subordinating their claims to the offer. Title insurance may be required when deemed necessary by the development services director to ensure that the offer is an enforceable option.

Outright Grant of Fee Interest or Easement. If the city is willing to accept the offer made in subsection (B)(1) of this section, a grant of an easement or fee title shall be required.

Deed Restrictions. Deed restrictions specifying accessway maintenance, improvements, and conditions of public use may be recorded in lieu of an offer of dedication.

Offer to Sell at Appraised Value. Where a designated accessway on a single parcel requires parking or other land area in addition to land required for vertical and lateral accessways and the excess land required consists of more than two percent of the total remaining parcel area between the first public road and the bay or strait, only the land required for vertical and lateral accessways shall be required to be improved and offered for dedication without financial consideration. The designated remaining land area shall be offered at the appraised value as of the date of approval of the permit with the offer to remain open for 20 years, at interest equal to the prevailing mortgage rate for similarly situated land.

In-Lieu Fee Payments Required. As a condition of approval of a final subdivision map or zoning or use permit on a parcel between the first public road and the bay or strait, or in a subdivision containing parcels between the first public road and the bay or strait where no access is required on that site by the general plan or the waterfront plan, an in-lieu fee shall be paid. The amount to be paid shall be determined by a schedule adopted by the city council by resolution. In-lieu fees shall be paid to the Benicia coastal access fund to be used for a specific public project identified in a coastal access program adopted pursuant to subsection (D) of this section. Fees collected shall be committed within five years after payment thereof.

Prior to a discretionary approval or issuance of a zoning or use permit, the development services director shall forward a copy of the permit application, findings of approval and copies of the legal documents to the city attorney for review and approval of the legal adequacy and consistency with the requirements of the city.

The city attorney shall have 30 days in which to complete the review and notify the development services director and the applicant of recommended revisions, if any.

The development services director or planning commission may approve the permit upon expiration of the 30-day period if notification of inadequacy has not been received from the city attorney within that time period.

If the city attorney has recommended revisions to the permit, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the city attorney.

A statement of purpose and explanation of how the criteria of BMC § 17.62.040(C) are met;

A map indicating the boundaries of all lots in the proposed NC neighborhood conservation overlay district and the base district(s) contained within the proposed NC district;

A neighborhood conservation plan consisting of a map and such other textual and graphic material as may be necessary, indicating land uses, building types and designs, site development regulations, signing, circulation, off-street parking, and modifications in base district regulations.

Distinctive building features, such as period of construction, style, size, scale, rhythm, mass, color and material;

Distinctive features or articles associated with the streetscape, such as light fixtures and devices, signs, benches, curb markers, kiosks, and bollards;

Distinctive site planning and natural features, such as lot platting, street layout, setbacks, alleyways, sidewalks, creek beds, parks, and gardens;

Distinctive land uses or land use patterns, such as mixed or unique uses or activities, not permitted by base district regulations without modification.

In a C or PS district, a permitted or conditionally permitted public and semipublic or commercial use of at least 1,000 square feet gross floor area shall be provided as a ground floor use within the same structure (vertical mixed use) or separate structure (horizontal mixed use). An existing, occupied nonresidential structure (e.g., an office or retail store) may be deemed to meet this requirement if the structure would not be altered or demolished to accommodate the residential site development, regardless of whether the structure is at least 1,000 square feet. Such nonresidential use may be located on site or on a contiguous parcel under the same ownership.

In the TC zone, a permitted or conditionally permitted nonresidential use must be provided along the entire ground floor frontage of First Street to a minimum depth of 50 feet as measured perpendicular from the front facade adjoining First Street.

The ground floor of a new nonresidential use must be accessible from and adjoin the front or corner side yard of the parcel on which it is located.

A new nonresidential use as required herein shall receive approval of final occupancy prior to, or concurrently with, the residential occupancy.

For a parcel legally existing as of January 1, 2023, four multifamily dwelling units are permitted on the parcel regardless of the parcel size; provided, that the project complies with all other applicable standards.

The maximum permitted height in the town core district shall be 40 feet.

Single-family residential district only.

Upper Story Massing. 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.

Balconies. A balcony above the ground floor shall not project more than three feet from any exterior building wall that faces the side yard of an adjacent residential use.

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

A map of the master plan area showing sufficient topographical data to indicate clearly the character of the terrain and the type, location, and condition of mature trees and other natural vegetation;

A site plan indicating the existing and proposed uses, gross floor area, lot coverage, height, parking and density, and a circulation plan; and

A preliminary development schedule indicating sequence and timing of development.

Conforms to the general plan;

Substantially complies with the land use and development regulations of the base zoning district and does not significantly alter the regulations; and

Can be adequately, reasonably and conveniently served by public services, utilities and public facilities.